LAS ANIMAS COUNTY LAND USE REGULATIONS TABLE OF

LAS ANIMAS COUNTY

LAND USE REGULATIONS

TABLE OF CONTENTS

CHAPTER I GENERAL PROVISIONS ................................................................................................................. 1-i

1.01 Title ................................................................................................................................................... 1-1

1.02 Authority ............................................................................................................................................ 1-1

1.03 Purpose ............................................................................................................................................. 1-1

1.04 Scope ................................................................................................................................................ 1-1

1.05 Interpretation and Application ............................................................................................................ 1-1

1.06 Severability ........................................................................................................................................ 1-1

1.07 Repeal; Applicability .......................................................................................................................... 1-2

1.08 Application to Developments in Process ........................................................................................... 1-2

1.09 Master Plan Compliance ................................................................................................................... 1-2

1.10 Planning Commission ........................................................................................................................ 1-2

1.11 Board of Adjustment .......................................................................................................................... 1-3

1.12 Building Codes .................................................................................................................................. 1-5

1.13 Definitions ......................................................................................................................................... 1-5

CHAPTER II DEVELOPMENT REVIEW ................................................................................................................ 2-i

2.01 Generally ........................................................................................................................................... 2-1

2.02 Review Process ................................................................................................................................. 2-1

2.03 Review Process Chart ....................................................................................................................... 2-1

2.04 Public Hearing Notices ...................................................................................................................... 2-2

2.05 Public Hearing Rules of Procedure ................................................................................................... 2-3

2.06 Expiration of Development Approval ................................................................................................. 2-4

2.07 Review Fees...................................................................................................................................... 2-4

2.08 Stages of the Review Process........................................................................................................... 2-4

2.09 Pre-Review Conference .................................................................................................................... 2-4

2.10 Procedures and Requirements for Preliminary Submission .............................................................. 2-5

2.11 Procedures and Requirements for General Submission ................................................................... 2-6

2.12 Procedures and Requirements for Final Submission ........................................................................ 2-6

2.13 Referral Agencies .............................................................................................................................. 2-7

2.14 Site Plan Review .........................................................................................................

...................... 2-8

2.15 Special Uses ..................................................................................................................................... 2-8

2.16 Temporary Use Permit ...................................................................................................................... 2-11

2.17 Rezoning ........................................................................................................................................... 2-11

2.18 General Submittal Copy Requirements ............................................................................................. 2-13

2.19 Sufficient Water Supply for Land Use Approval................................................................................. 2-13

CHAPTER III ZONING REGULATIONS AND MAPS ............................................................................................. 3-i

3.01 General Provisions ............................................................................................................................ 3-1

3.02 Zoning Districts .................................................................................................................................. 3-1

3.03 Permitted, Conditional and Prohibited Uses in Zoning Districts ........................................................ 3-3

3.04 Uses Not Itemized ............................................................................................................................. 3-5

3.05 Accessory Buildings and Uses .......................................................................................................... 3-5

3.06 Temporary Uses ................................................................................................................................ 3-6

3.07 Airport Protection Overlay District Requirements and Provisions ...................................................... 3-7

3.08 Mobile Home Park and Campground Regulations ............................................................................ 3-10

3.09 Nonconforming Uses, Lots and Buildings .......................................................................................... 3-10

3.10 Maximum Building Height and Yard Setback Requirements ............................................................. 3-12

CHAPTER IV SUBDIVISION REGULATIONS ........................................................................................................ 4-i

4.01 General Provisions ............................................................................................................................ 4-1

4.02 Dedication of Public Sites and Open Space ...................................................................................... 4-1

4.03 Guarantee of Improvements .............................................................................................................. 4-4

4.04 Ownership Records ........................................................................................................................... 4-6

4.05 Guarantee by Deed and Release in Escrow ..................................................................................... 4-6

CHAPTER IV SUBDIVISION REGULATIONS (Cont'd)

4.06 Withdrawal of Approval for Cause .................................................................................................... 4-6

4.07 Family Transaction Exemption ......................................................................................................... 4-6

4.08 Single Transaction Large Lot Exempt Subdivisions and Correction Plat Exempt Subdivisions ........ 4-6

4.09 Exemption Procedures ..................................................................................................................... 4-7

4.10 Minor Subdivisions ........................................................................................................................... 4-7

4.11 Large Lot Subdivisions ..................................................................................................................... 4-7

4.12 Cluster Subdivisions ......................................................................................................................... 4-8

4.13 Subdivision Design Standards and Specifications ............................................................................ 4-9

4.14 Wildlife Habitat Analysis ................................................................................................................... 4-19

4.15 Amendments to Approved and Recorded Plats ................................................................................ 4-21

4.16 Vacating of Approved and Recorded Plats, Rights-of-Way or Easements ....................................... 4-23

4.17 Submittal Requirements for Proposed Subdivisions ......................................................................... 4-24

CHAPTER V PLANNED UNIT DEVELOPMENT (PUD) REGULATIONS ............................................................. 5-i

5.01 Planned Unit Development (PUD) Regulation .................................................................................. 5-1

5.02 Objectives of PUD Development ...................................................................................................... 5-1

5.03 General Provisions ........................................................................................................................... 5-1

5.04 PUD Design Standards and Specifications ...................................................................................... 5-3

5.05 Maintenance of Public Open Spaces and Common Areas ............................................................... 5-4

5.06 Submittal Requirements ................................................................................................................... 5-5

CHAPTER VI SIGN CODE REGULATIONS .......................................................................................................... 6-i

6.01 General Provisions ........................................................................................................................... 6-1

6.02 Sign Standards and Requirements ................................................................................................... 6-2

6.03 Sign Permit Procedures .................................................................................................................... 6-4

6.04 Nonconforming Signs ....................................................................................................................... 6-5

6.05 Measurement ................................................................................................................................... 6-5

CHAPTER VII SUPPLEMENTARY REGULATIONS .........................................................................................

..... 7-i

7.01 General Requirements for Off-Street Parking ................................................................................... 7-1

7.02 Scenic Corridor Setbacks ................................................................................................................. 7-2

7.03 Requirements for Solar Energy Access ............................................................................................ 7-2

7.04 Solid Waste Disposal Sites (Landfills) .............................................................................................. 7-3

7.05 Communication Facilities .................................................................................................................. 7-3

7.06 Maintenance of Structures and Sites ................................................................................................ 7-4

7.07 Performance Bonds .......................................................................................................................... 7-5

7.08 Vested Property Rights ..................................................................................................................... 7-5

7.09 H.B. 1041 Regulations ...................................................................................................................... 7-5

7.10 Oil and Gas Development ................................................................................................................ 7-6

7.11 Individual Mobile Home Placement .................................................................................................. 7-6

7.12 Storage of Inoperable Motor Vehicles .............................................................................................. 7-6

7.13 Small Wind Energy Systems ............................................................................................................ 7-6

7.14 Wind Farms ...................................................................................................................................... 7-7

7.15 Regulations for Crossing Over or Under a County Road .................................................................. 7-10

7.16 Regulations for Burning of Trash ...................................................................................................... 7-11

7.17 Reserved .......................................................................................................................................... 7-11

CHAPTER VIII MOBILE HOME PARK AND CAMPGROUND REGULATIONS ..................................................... 8-i

8.01 Purpose and Intent ........................................................................................................................... 8-1

8.02 Special Use Permits for Mobile Home Parks and Campgrounds ..................................................... 8-1

8.03 Mobile Home Park and Campground Design Standards and Specifications .................................... 8-1

8.04 Waiver of Mobile Home Park and Campground Design Standards and Specifications .................... 8-4

8.05 Submittal Requirements ................................................................................................................... 8-4

8.06 Criteria for Action on a Special Use Permit for a Mobile Home Park or Campground as a

Special Use ...................................................................................................................................... 8-5

8.07 Guarantee of Performance ............................................................................................................... 8-6

8.08 Permit Conditions: Occupant Registration and Residency .............................................................. 8-6

CHAPTER IX OIL AND GAS REGULATIONS ....................................................................................................... 9-i

9.01 Authority ................................................................................................................

........................... 9-1

9.02 Oil and Gas Performance Standards ................................................................................................ 9-9

9.03 Oil and Gas Definitions ..................................................................................................................... 9-13

iii

CHAPTER X FLOOD DAMAGE PREVENTION REGULATIONS

10.01 Statutory Authorization ...................................................................................................................... 10-1

10.02 Findings of Fact ................................................................................................................................. 10-1

10.03 Statement of Purpose ........................................................................................................................ 10-1

10.04 Methods of Reducing Flood Losses .................................................................................................. 10-1

10.05 Definitions ......................................................................................................................................... 10-1

10.06 Basis for Establishing the Special Flood Hazard Area ...................................................................... 10-6

10.07 Lands to Which This Chapter Applies ............................................................................................... 10-6

10.08 Establishment of Floodplain Development Permit ............................................................................. 10-6

10.09 Compliance ....................................................................................................................................... 10-6

10.10 Abrogation and Greater Restrictions ................................................................................................. 10-6

10.11 Interpretation ..................................................................................................................................... 10-6

10.12 Warning and Disclaimer of Liability ................................................................................................... 10-6

10.13 Designation of the Floodplain Administrator ...................................................................................... 10-6

10.14 Duties and Responsibilities of the Floodplain Administrator .............................................................. 10-7

10.15 Permit Procedures ............................................................................................................................. 10-7

10.16 Variance Procedures ......................................................................................................................... 10-8

10.17 General Standards ............................................................................................................................ 10-9

10.18 Specific Standards ............................................................................................................................ 10-10

10.19 Standards for Areas of Shallow Flooding (AO/AH Zones) ................................................................. 10-11

10.20 Floodways ......................................................................................................................................... 10-11

10.21 Alteration of a Watercourse ............................................................................................................... 10-12

10.22 Properties Removed From the Floodplain by Fill ............................................................................... 10-12

10.23 Standards for Subdivision Proposals ................................................................................................. 10-13

10.24 Standards for Critical Facilities .......................................................................................................... 10-13

CHAPTER XI REGULATIONS FOR AREAS AND ACTIVITIES OF LOCAL CONCERN AND STATE

INTEREST (H.B. 1041 REGULATIONS) .......................................................................................... 11-i

11.01 Introduction ....................................................................................................................................... 11-1

11.02 General Provisions ............................................................................................................................ 11-1

11.03 Exemptions ....................................................................................................................................... 11-3

11.04 Identification of Matters of Local Concern and State Interest ............................................................ 11-3

11.05 Designation of Matters of Local Concern and State Interest ............................................................. 11-4

11.06 Public Hearing Requirement and Provisions for Designation ............................................................ 11-4

11.07 Development Permit Provisions and Requirements .......................................................................... 11-6

11.08 Financial Security .............................................................................................................................. 11-8

11.09 Reserved ........................................................................................................................................... 11-9

11.10 Revocation or Suspension of Permits ............................................................................................... 11-9

11.11 Inspection and Enforcement .............................................................................................................. 11-10

11.12 Building Permits ................................................................................................................................ 11-10

11.13 Relationship to Other Regulations and Requirements ....................................................................... 11-10

11.14 Complaints ........................................................................................................................................ 11-11

11.15 Definitions ......................................................................................................................................... 11-11

11.16 Reserved ........................................................................................................................................... 11-13

11.17 Reserved ........................................................................................................................................... 11-13

11.18 Reserved ........................................................................................................................................... 11-13

11.19 Reserved ........................................................................................................................................... 11-13

11.20 Regulations for Site Selection and Development of New Communities ............................................ 11-13

11.21 Designation of Site Selection and Development of New Communities .............................................. 11-14

11.22 Permit Program for Site Selection and Development of New Communities ...................................... 11-14

11.23 Regulations for Site Selection and Construction of Major New Domestic Water and Sewage

Treatment Systems ........................................................................................................................... 11-19

11.24 Designation of Site Selection and Construction of Major New Domestic Water and Sewage

Treatment Systems ........................................................................................................................... 11-20

11.25 Permit Applications and Permits ........................................................................................................ 11-20

11.26 Regulations for Major Extension of Existing Domestic Water and Sewage Treatment Systems ....... 11-25

11.27 Designation of Major Extension of Existing Domestic Water and Sewage Treatment Systems ........ 11-25

11.28 Permit Applications and Permits ........................................................................................................ 11-26

11.29 Reserved ........................................................................................................................................... 11-27

CHAPTER XI REGULATIONS FOR AREAS AND ACTIVITIES OF LOCAL CONCERN AND STATE

INTEREST (H.B. 1041 REGULATIONS) (Cont'd)

11.30 Reserved .......................................................................................................................................... 11-27

11.31 Reserved .......................................................................................................................................... 11-27

11.32 Regulations for Efficient Utilization of Municipal and Industrial Water Projects ................................ 11-27

11.33 Designation of Site Selection and Construction of Major Facilities of a Public Utility ....................... 11-30

CHAPTER XII FEES ................................................................................................................................................ 12-i

12.01 Conditions of Fee Payment .............................................................................................................. 12-1

12.02 Fee Requirement and Exemptions ................................................................................................... 12-1

12.03 Amendments to Fee Structure .......................................................................................................... 12-1

12.04 Negotiated Fees ............................................................................................................................... 12-1

12.05 Assessment of Supplemental Fees .................................................................................................. 12-1

12.06 Fee Structure .................................................................................................................................... 12-2

CHAPTER XIII ENFORCEMENT, VIOLATIONS AND PENALTIES ........................................................................ 13-i

13.01 Enforcement Authority ...................................................................................................................... 13-1

13.02 Unlawful to Violate These Regulations ............................................................................................. 13-1

13.03 Remedies ......................................................................................................................................... 13-1

13.04 Enforcement Process ....................................................................................................................... 13-2

13.05 Abatement by the County ................................................................................................................. 13-3

13.06 Enforcement of Subdivision Regulations .......................................................................................... 13-4

13.07 Acceleration of Enforcement Process to Protect Public Health, Safety and Environment ................ 13-4

1-i

CHAPTER I

GENERAL PROVISIONS

1.01 Title ................................................................................................................................................................ 1-1

1.02 Authority ......................................................................................................................................................... 1-1

1.03 Purpose ......................................................................................................................................................... 1-1

1.04 Scope ............................................................................................................................................................. 1-1

1.05 Interpretation and Application ........................................................................................................................ 1-1

1.06 Severability .................................................................................................................................................... 1-1

1.07 Repeal; Applicability....................................................................................................................................... 1-2

1.08 Application to Developments in Process ........................................................................................................ 1-2

1.09 Master Plan Compliance ................................................................................................................................ 1-2

1.10 Planning Commission .................................................................................................................................... 1-2

1.10.01 Creation and Organization .......................................................................................................... 1-2

1.10.02 Meetings ...................................................................................................................................... 1-2

1.10.03 Procedures .................................................................................................................................. 1-3

1.10.04 Actions of the Planning Commission ........................................................................................... 1-3

1.11 Board of Adjustment ...................................................................................................................................... 1-3

1.11.01 Creation and Organization .......................................................................................................... 1-3

1.11.02 Powers and Duties of the Board .................................................................................................. 1-4

1.11.03 Appeals Procedure ...................................................................................................................... 1-5

1.12 Building Codes ............................................................................................................................................... 1-5

1.13 Definitions ...................................................................................................................................................... 1-5

Land Use Regulations General Provisions — §1.01

1-1

CHAPTER I

GENERAL PROVISIONS

1.01 Title

The title of this document shall be The Las Animas

County Land Use Regulations, referred to hereinaf-

ter as "these Regulations" or "the Regulations."

1.02 Authority

Las Animas County is authorized and enabled by

statute to establish zoning districts, to control land

uses in those districts; to regulate the subdivision of

land and building activities; to plan for and regulate

various activities on and uses of land by Title 30,

Article 28 and Title 29, Article 20, Colorado Revised

Statutes; to identify, designate and regulate areas

and activities of local concern and state interest by

Title 24, Article 65.1, Colorado Revised Statutes, as

amended; and to regulate Planned Unit Develop-

ments (PUDs) by Title 24, Article 67, Colorado Re-

vised Statutes, 1973 as amended.

1.03 Purpose

The purpose of these Regulations is to protect and

promote the health, welfare, safety, comfort, conven-

ience and prosperity of the present and future resi-

dents of Las Animas County, as enabled and

required by the constitutions and laws of the State of

Colorado and the United States.

These purposes include securing for County resi-

dents safety from fire, floodwaters, toxic substances

and other potential hazards, dangers and nuisances;

protecting the tax base of Las Animas County, con-

serving and promoting the value of property, secur-

ing economy in government operations, providing for

the phased development of government services,

fostering the emergence of balanced, orderly pat-

terns of growth, protecting existent urban and rural

development, preserving areas of historical and

archaeological significance, protecting the physical

environment and otherwise accomplishing the goals,

objectives and policies of Las Animas County as set

forth in the Las Animas County Master Plan.

The regulations, district characteristics, standards

and other provisions of these Regulations have been

proposed and adopted on the basis of comprehen-

sive studies prepared with reasonable consideration

given to, among other items, past, current and pro-

jected future social, economic and environmental

conditions within Las Animas County and the sur-

rounding territory and the identified beliefs, aspira-

tions and needs of the residents of this County

regarding present and future utilization of the land

and the erection of structures thereon in a manner

that will promote and foster the public health and

safety.

1.04 Scope

The provisions of these Regulations shall apply to all

private and public land and structures located within

Las Animas County except land within the bounda-

ries of municipal corporations and except as other-

wise prohibited by state or federal law.

1.05 Interpretation and Application

The provisions of these Regulations shall be consid-

ered the minimum requirements for the protection of

the public health, safety, welfare, comfort, conven-

ience and prosperity of the present and future resi-

dents of Las Animas County. Consequently, these

Regulations shall be regarded as remedial and,

where appropriate, it shall be construed liberally in

order to accomplish its purpose.

Whenever a given element in these Regulations

contains provisions regarding the same subject

matter as any other element or any other law, stat-

ute, regulation or resolution of Las Animas County,

the State of Colorado or the United States, the more

restrictive requirement shall apply unless otherwise

specified.

Words in these Regulations used in the present

tense include the future tense, words in the singular

include the plural, words in the plural include the

singular, the word "shall" is mandatory and the word

"may" is permissive. The feminine gender includes

the masculine and vice versa.

1.06 Severability

Should any part, section or provision of these Regu-

lations be declared illegal, unconstitutional or other-

wise invalid by any court of competent jurisdiction,

such action shall have no bearing upon the validity,

application or effect of the remainder of these Regu-

lations.

Land Use Regulations General Provisions — §1.07

1-2

1.07 Repeal; Applicability

All regulations, resolutions and amendments to such

regulations and resolutions of Las Animas County in

effect prior to the adoption of these Regulations are

hereby repealed. The repeal of any prior regulations

or resolutions does not revive any other regulation or

resolution or portion thereof. This repeal shall not

affect or prevent the prosecution or punishment for

the violation of any resolution or regulation hereby

repealed, for any offense committed prior to the

repeal. These Regulations are not intended to ab-

rogate, annul, govern over or prevail over any per-

mits or easements issued prior to the effective date

of their adoption.

1.08 Application to Developments in Process

All applications for land use changes initiated on and

after August 1, 2010, shall be reviewed pursuant to

the review process and standards set forth in these

Regulations, as amended by Resolution No. 10-47,

and effective on that date. All applications for land

use changes submitted for review prior to August 1,

2010, shall be reviewed pursuant to the process and

under the criteria set forth in applicable portions of

these Regulations in force prior to that date. Such

prior regulations are continued in force and effect for

that limited purpose only. Upon approval or denial

of all such remaining applications, the prior regula-

tions shall be deemed repealed. In no event shall

any resubmission of an application after its rejection

or any application filed after the effective date of

these regulations be reviewed under any such prior

regulations.

1.09 Master Plan Compliance

All land use changes, as defined herein, shall be in

compliance with the goals, objectives, policies and

other provisions of the Las Animas County Master

Plan.

1.10 Planning Commission

1.10.01 Creation and Organization

The Board of County Commissioners shall es-

tablish and maintain a County Planning Com-

mission in the manner provided for by the laws

of the State of Colorado. Each such member of

the Planning Commission shall be a resident of

the County. The Board of County Commission-

ers may appoint associate members of the

Planning Commission, each of whom shall be a

resident of the County. In the event any regular

member is temporarily unable to act before the

Planning Commission or any other cause, his

place may be taken during such temporary disa-

bility by an associate member designated for the

purpose.

The terms of the appointed members of the

Planning Commission shall be as provided for

by the laws of the State of Colorado, and the

members of the Commission shall receive such

compensation as may be fixed by the Board of

County Commissioners. The Board of County

Commissioners shall provide for reimbursement

of the members of the Planning Commission for

actual expenses incurred, for the filling of va-

cancies in the membership of the Planning

Commission and for the removal of members for

nonperformance of duty or for misconduct. Va-

cancies shall be filled for the unexpired term in

the same manner as in the case of original ap-

pointments.

The Planning Commission shall elect a chair-

man from among its members, whose term shall

be for one (1) year, and the Planning Commis-

sion may create and fill such other offices as it

may determine and adopt such rules and regula-

tions governing its procedure as it considers

necessary or advisable and shall keep a record

of its proceedings, which record shall be open to

inspection by the public at all reasonable times.

The powers and duties of the Planning Commis-

sion shall be as provided for by the laws of the

State of Colorado.

1.10.02 Meetings

The Planning Commission shall meet periodical-

ly to review and process applications and other

requests and matters submitted to it. All meet-

ings shall be open to the public and an agenda

of items to be considered by the Planning Com-

mission shall be made available to the public

prior to the meeting. The Planning Commission

may call special meetings to review, discuss,

recommend or take action on matters that may

periodically come to its attention.

A majority vote of the voting members of the

Planning Commission is required for a recom-

mendation or determination. In the event of a

dissenting vote by one or more members of the

Land Use Regulations General Provisions — §1.10.02

1-3

Planning Commission, a roll call vote shall be

recorded in the minutes of the meeting. Minutes

of Planning Commission meetings shall be a

matter of public record within a reasonable time

after any official meeting of the Planning Com-

mission and any persons wishing to have a tran-

script of the proceedings may have a court

recorder present at their own expense.

1.10.03 Procedures

At public hearings conducted by the Planning

Commission, any party at interest shall be al-

lowed to present evidence. A party at interest

for this purpose shall be defined to include an

applicant or duly appointed representative of an

applicant, owners of and tenants on property ad-

jacent to the site under discussion, members of

the Planning Commission and their officers,

agents or representatives.

Public hearings before the Planning Commission

shall be conducted as follows:

1. The Planning Commission may, at its discre-

tion, limit the presentation of evidence and

cross-examination in order to prevent repeti-

tive, redundant or superfluous evidence or

cross-examination.

2. Whenever the Planning Commission de-

cides to table review, discussion or action on

an agenda item before the Commission, it

may do so without further notice to the af-

fected parties. The matter tabled shall be

rescheduled within thirty (30) days from the

date of the meeting at which it was heard

unless the Planning Commission receives

written consent from the applicant to extend

the time period. If an applicant or duly ap-

pointed representative is not present, the

Planning Commission may decide on its

own initiative to continue a proposal or other

agenda item.

3. Failure of the Planning Commission to act

on any proposal or other agenda item before

it within a specified time period, involving a

tie vote, shall be considered by the Board of

County Commissioners as a de facto rec-

ommendation for approval of the item in

question.

4. Applicants appearing at a public hearing be-

fore the Planning Commission shall be noti-

fied in writing within five (5) working days

after the Planning Commission takes action

or makes a recommendation of the action

taken or recommendation made and any

comments or special conditions recom-

mended.

1.10.04 Actions of the Planning Commis-

sion

The Planning Commission shall make one (1) of

the following recommendations:

1. Approval without any special conditions.

2. Conditional approval with a description of

the special conditions.

3. Denial, indicating for the record the reasons

for such action.

4. Continuation until a future date to gather

more information or obtain clarification or for

any other relevant cause.

1.11 Board of Adjustment

1.11.01 Creation and Organization

A Board of Adjustment is hereby created. The

purpose of the Board shall be to provide for spe-

cial exceptions to certain provisions of this zon-

ing regulation in conformance with its general

purpose and intent and the purpose and intent of

these Regulations. The term Board of Adjust-

ment and the word Board, when used in this

Section, shall mean the Board of Adjustment es-

tablished herein.

The Board of County Commissioners shall ap-

point the members of the Board of Adjustment,

which shall consist of five (5) voting members.

Each of the members of the Board shall be a

resident of the County. Until otherwise provided,

the members of the Board shall serve without

compensation, except for reimbursement of ac-

tual expenses, and each member shall serve for

five (5) years.

Any member of the Board of Adjustment may be

removed for cause by the Board of County

Commissioners upon written charges and after a

Land Use Regulations General Provisions — §1.11.01

1-4

public hearing. Vacancies shall be filled for an

unexpired term in the same manner as in the

case of original appointments. The Board of

County Commissioners may appoint associate

members to the Board of Adjustment and, in the

event that any regular member is temporarily

unable to act owing to absence from the County,

illness, interest in a case or other cause, his

place may taken during such temporary disabil-

ity by an associate member designated for that

purpose.

The Board of Adjustment shall elect from its

members a chairman, whose term of office shall

be one (1) year, and other such officers as the

Board sees fit to create. The Board shall adopt

such rules and regulations governing its pro-

ceedings as it considers necessary or advisable,

and the Board shall meet as often as necessary

to hear and act upon applications and other ap-

propriate matters within its duties and powers.

All meetings of the Board of Adjustment shall be

open to the public, and the Board shall keep

minutes of its proceedings, showing the vote of

each member upon each question or, if absent

or failing to vote, indicating such fact, and it shall

keep records of its examinations and other offi-

cial actions, all of which shall be immediately

filed in the office of the Board and shall be a

public record. Any persons wishing to have a

transcript of the proceedings of the Board may

have a court recorder present at their own ex-

pense.

Until the Board of County Commissioners ap-

points the members of the Board of Adjustment,

the Board of County Commissioners shall sit as

the Board of Adjustment. In that event, the

membership of the Board of Adjustment shall be

three (3) members.

1.11.02 Powers and Duties of the Board

The Board of Adjustment shall have the follow-

ing powers and duties, which shall be exercised

in accordance with the laws of the State of Colo-

rado and the provisions of these Regulations

and in harmony with the public interest and the

most appropriate use of the land:

1. To hear and decide appeals when it is al-

leged that there is or has been an error in

any order, requirement, decision, denial or

refusal made by an administrative officer or

agency based on or made in the enforce-

ment of the zoning district regulations con-

tained within these Regulations.

2. To interpret the zoning district boundaries

and pass upon disputed questions of lot

lines and similar questions that may arise

periodically in the administration of these

Regulations.

3. Where, by reason of exceptional narrow-

ness, shallowness or shape of a specific

piece of property existing at the time of en-

actment of these Regulations, or by reason

of exceptional topographic conditions or

other extraordinary or exceptional physical

characteristics or conditions of such piece of

property not created by the applicant subse-

quent to the adoption of these Regulations

or previously adopted County zoning regula-

tions, the strict application of any zoning

regulation or provision therein would result

in peculiar and exceptional practical difficul-

ties to or exceptional and undue hardship

upon the owner of such property, the Board

shall have the authority, upon an appeal re-

lating to said property, to authorize a vari-

ance from such strict and literal application

so as to relieve such difficulties or hardship.

Such relief shall be granted without substan-

tial detriment to the public good and without

altering or impairing the intent and purpose

of the zoning regulations and other provi-

sions contained within these Regulations.

The Board shall not have the power to grant

variances from the uses prohibited or per-

mitted conditionally in the zoning district in-

volved.

4. To review and decide upon such other mat-

ters relating to this zoning regulation as may

be specifically referred to the Board by other

provisions of these Regulations or by the

Board of County Commissioners, by the

County Building Inspector or by the Planning

Director.

5. Meetings of the Board of Adjustment shall

be held at the call of the chairman and at

other such times as the Board in its rules of

procedure may specify. The chairman, or in

his absence the acting chairman, may ad-

minister oaths and compel the attendance of

Land Use Regulations General Provisions — §1.11.02

1-5

witnesses by application to the district court.

The court, upon proper showing, may issue

subpoenas and enforce obedience by con-

tempt proceedings.

1.11.03 Appeals Procedure

Appeals to the Board of Adjustment may be

made by any person aggrieved by an inability to

obtain a building permit or by the decision of any

administrative officer or agency based upon or

made in the course of the administration or en-

forcement of the provisions of these zoning

regulations. Appeals to the Board shall be made

within thirty (30) days after the effective date of

the order, requirement, decision or refusal al-

leged to have occurred or to be in error. Appeal

applications submitted to the Board of Adjust-

ment shall include a full and accurate legal de-

scription of the land involved.

The concurring vote of four (4) members of the

Board shall be necessary to reverse any order,

requirement, decision or determination of any

administrative official or agency or to decide in

favor of an appellant. In the event the Board of

County Commissioners is functioning as the

Board of Adjustment, the concurring vote of

three (3) members shall be necessary.

The Board shall hold a public hearing on all ap-

peals. A notice of public hearing shall be pub-

lished in the manner set forth in Section 2.04.

The applicant shall also mail a written notice of

the hearing in the manner set forth in Section

2.04.

All appeals to the Board of Adjustment shall be

in writing and on such forms as shall be pre-

scribed by the Board and the appropriate filing

fee (see Chapter XII) shall accompany the appli-

cation. Every appeal shall state what provisions

of the zoning regulation are involved, what relief

from the provisions is being sought, and the

grounds on which the relief should be granted to

the applicant. The chairman of the Board, or his

appointed designee, shall call a meeting of the

Board scheduled to take place no earlier than fif-

teen (15) days after the submission of the ap-

propriate materials, including proof of notification

of a public hearing, and at the same time the

Board of Adjustment may, at its discretion,

transmit a copy of the appeal to the Planning

Commission or other appropriate public bodies

for review and comment.

Any further appeal from decisions made by the

Board of Adjustment shall be made to the

courts, as provided by law.

1.12 Building Codes

It is unlawful to erect, construct, reconstruct, alter or

remodel any building, structure or improvements of

land within the unincorporated territory of Las Ani-

mas County except as allowed for by the building

codes adopted by Las Animas County. No building

permit may be issued unless the County has deter-

mined that adequate water, sewer and electrical

supplies are available on the site.

Any required agreement for construction in the

County right-of-way (Pipeline Agreement, Electrical

Agreement, Cattle Guard Agreement, Communica-

tion Device ROW Agreement, etc.) shall be obtained

from the Las Animas County Road and Bridge De-

partment prior to the commencement of any con-

struction within a County right-of-way.

No building or structure shall be demolished without

first obtaining a demolition permit for such work.

The County may demolish buildings declared nui-

sances, charging the costs thereof to the owner, and

if not paid, as a lien upon the property to be collect-

ed in the same manner as taxes.

1.13 Definitions

Unless the context otherwise requires, the following

words and phrases shall be defined as stated below.

The masculine shall include the feminine and vice

versa. The singular shall include the plural. The

Planning Director shall decide any questions or

disputes regarding the interpretation and application

of the definitions.

Accessory building, structure or use: A sub-

ordinate building, structure or use customarily

incidental and subordinate to the principal build-

ing, structure or use and located on the same lot

as the principal building, structure or use.

Addition: Any activity that expands the en-

closed footprint or increases the square footage

of an existing structure.

Land Use Regulations General Provisions — §1.13

1-6

Adjacent: Meeting, abutting or touching at

some point, or located across a street, alley or

other right-of-way.

Adjacent property owner: An owner of record

of any estate, right or interest in real property

which is adjacent to the subject land.

Agriculture: The use of land for farming, dairy-

ing, pasturage, horticulture, floriculture, viticul-

ture, and animal and poultry husbandry, and the

necessary accessory uses for harvesting, pack-

ing, treating or storing the produce, excluding

forestry.

Airport: The land used by aircraft to take off

and land, together with all facilities and adjacent

land used in connection with the operation of

aircraft.

Airport elevation: The highest point of an air-

port's usable runway, measured in feet above

mean sea level.

Airport imaginary surfaces: Imaginary areas

in space and on the ground, defined by FAR

Part 77, which are established in relation to the

airport and its runways. Imaginary areas are de-

fined by the primary surface, approach surface,

horizontal surface, conical surface and transi-

tional surface.

1. Primary surface: A surface longitudinally

centered on a runway with dimensions as

specified by FAR Part 77.

2. Approach surface: A surface longitudinally

centered on the extended runway centerline

and extending outward and upward from

each end of the primary surface. Dimen-

sions are defined by FAR Part 77. Some-

times designated as approach zone.

3. Horizontal surface: A horizontal plane one

hundred fifty (150) feet above the estab-

lished airport elevation, the perimeter of

which is constructed by swinging arcs of

specified radii from the center of each end of

the primary surface of each runway of each

airport and connecting the adjacent arcs by

lines tangent to those arcs. The radius of

each arc is defined by FAR Part 77.

4. Conical surface: A surface extending out-

ward and upward from the periphery of the

horizontal surface at a slope of 20 to 1 for a

horizontal distance of four thousand (4,000)

feet.

5. Transitional surface: Those surfaces that

extend upward and outward at ninety-

degree angles to the runway centerline and

the runway centerline extended at a slope of

seven (7) feet horizontally for each foot ver-

tically from the sides of the primary and ap-

proach surfaces to the point of intersection

with the horizontal and conical surfaces.

Transitional surfaces for those portions of

the precision approach surfaces which pro-

ject through and beyond the limits of the

conical surface, extend a distance of five

thousand (5,000) feet measured horizontally

from the edge of the approach surface and

at a ninety-degree angle to the extended

runway centerline.

Anemometer: An instrument, usually located

on a tower, that measures wind speed.

Antenna: Any structure or device used to col-

lect or radiate electromagnetic waves, including

both directional antennas, such as panels, mi-

crowave dishes and satellite dishes and omnidi-

rectional antennas, such as whips, but not

including satellite earth stations.

Applicant: Any person making application for a

land use change or other action encompassed

by these Regulations. (See also Person.)

A-weighted sound level (dbA): A measure-

ment of sound pressure level, which has been

filtered or weighted to progressively de-

emphasize the importance of frequency compo-

nents below 1,000 Hz and above 5,000 Hz. This

reflects the fact that human hearing is less sen-

sitive at low frequencies and at extremely high

frequencies, relative to the midrange of the fre-

quency spectrum. This area of sensitivity also

corresponds to the human speech band. This

measurement is the most commonly used filter

in both industrial noise applications (OSHA) and

community noise regulations.

Block: An area of land within a subdivision or

proposed subdivision and bounded entirely by

streets, roads or other thoroughfares, except al-

leys, or the exterior boundaries of the subdivi-

sion.

Board of Adjustment: The body appointed by

the Board of County Commissioners whose au-

thority and procedures are described in Sections

30-28-117 and 30-28-118, C.R.S., and in Sec-

tion 1.11 of these Regulations.

Land Use Regulations General Provisions — §1.13

1-7

Board of County Commissioners: The Board

of County Commissioners of Las Animas Coun-

ty, Colorado.

Building: Any structure with a roof supported

by columns and/or walls or other structure and

intended for enclosing, sheltering or protecting

any use or occupancy. The term building shall

include modular or prefabricated buildings that

do not fall within the definition of manufactured

housing or mobile homes.

Building height: The vertical distance as

measured from the average finished grade to

the point lying one-half the distance between the

lowest and highest point on the roof of the build-

ing.

Building permit: A permit issued by the County

Building Inspector for construction, alteration or

reconstruction of a building or other structure

upon compliance with these Regulations and all

other applicable rules and regulations.

Camping: Any improved property used or to be

used for the parking of camping units, and also

referred to as a campground.

Camping unit: Any pick-up camper, motor

home, recreational vehicle, travel trailer, tent

trailer or similar mobile unit not exceeding either

eight (8) feet in body width or forty (40) feet in

body length and designed and used specifically

for recreational purposes.

Camping unit space: A plot of ground within a

campground designed for the accommodation of

one (1) camping unit.

Certificate of designation: A document au-

thorizing the operation of a facility for solid waste

disposal.

Club: A membership organization, including

lodges, catering exclusively to members and

their guests and whose facilities are limited to

meeting, eating and recreational or related uses

and are not conducted principally for monetary

gain.

Collector street: A street of limited continuity

serving or intended to serve as a feeder of local

traffic into one (1) or more major thoroughfares.

Common open space: As used in Chapter V of

these Regulations, a parcel of land, an area of

water or a combination of land and water within

the site designed for a planned unit develop-

ment, designed and intended primarily for the

use or enjoyment of residents, occupants and

owners of the planned unit development.

Communication facility: A structure or tower

and accessory buildings, supporting antennas

and microwave dishes that send and/or receive

radio frequency signals. Individual or personal

direct-to-home satellite services are not included

in the definition of Communication facility.

Communication tower: A guyed, monopole or

self-supporting tower, constructed as a free-

standing structure or in association with a build-

ing, other permanent structure or equipment,

containing one (1) or more antennas intended

for transmitting or receiving television, AM/FM

radio, digital, microwave, cellular, telephone or

similar forms of electronic communication.

Confined animal feeding operations: Any an-

imal feeding operation where animals are fed at

the place of confinement and crop or forage

growth in production is not sustained in the area

of confinement, and the number of any type of

animals held for that purpose exceeds thirty (30)

animals.

Contiguous: Sharing an edge or boundary,

touching.

Corrections facility: A use which provides

housing, treatment or care for individuals legally

confined or placed as a result of criminal charg-

es and designed to incarcerate or rehabilitate

individuals in either a secured or non-secured

setting.

County: Las Animas County, Colorado.

C-weighted sound level (dbC): The meas-

urement of sound pressure level which is de-

signed to be more responsive to low-frequency

noise. C-weighting is intended to represent how

the ear perceives sound at high decibel levels

and is also used for evaluating impact or im-

pulse noise, such as demolition or mining blast-

ing, artillery firing and bomb explosions using

conventional explosives of less than approxi-

mately one (1) ton.

Land Use Regulations General Provisions — §1.13

1-8

Decibel (db): The measurement of a sound

pressure relative to the logarithmic conversion of

the sound pressure reference level, often set as

0 db (A-weighted). In general, this means the

quietest sound we can hear is near 0 db (A-

weighted) and the loudest we can hear without

pain is near 120 db (A-weighted). Most sounds

in a typical environment range from 30 to 100 db

(A-weighted). Normal speech at three (3) feet

averages about 65 db (A-weighted).

Density: A unit of measurement, specific to de-

velopment, to be interpreted as the number of

dwelling units per acre of land.

Development: Any activity or construction, ex-

cluding normal agricultural activities, that chang-

es the existing character or use of the land.

Development agreement: The agreement be-

tween the owner and the County which specifies

the terms and conditions of the land use permit

approval. This agreement implements the site

specific development plan which establishes

vested rights under Article 68 of Title 24, C.R.S.

Distribution system: A network of pipes and

conduits through which water is piped to the

public for human consumption.

Domestic water and sewage treatment sys-

tem: A wastewater treatment plant, water

treatment plant or water supply system and any

system of pipes, structures and facilities through

which wastewater is collected for treatment.

Dwelling: A building designed to be used or

used as the living quarters for one (1) or more

persons, families or housekeeping units, includ-

ing manufactured homes but excluding mobile

homes. (See manufactured home and mobile

home.)

Dwelling unit: A building or portion thereof de-

signed to be used or used as the living quarters

for one (1) person, family or housekeeping unit,

including manufactured homes but excluding

mobile homes. (See manufactured home and

mobile home.)

Easement: An acquired right of use, interest or

privilege in land owned by another.

Electric power distribution lines and facili-

ties: Structures, lines and appurtenant facilities

used for the distribution of electric energy in

voltages less than 69,000 volts.

Electric power generation facility: Any elec-

tric power generating facility and appurtenant fa-

cilities with generating capacity of ten (10)

megawatts or more.

Electric power transmission line: Any power

line designed for or capable of transmitting elec-

tric energy in voltages of 69,000 volts or more,

and which emanates from an electrical power

plant or electric substation and terminates at a

substation.

Evidence: Any map, table, chart, contract or

other document or testimony, prepared or certi-

fied by a qualified person to attest to a specific

claim.

FAA: The Federal Aviation Administration.

Final plat: A map or maps and supporting ma-

terials for recording of real estate interests with

the office of the County Clerk and Recorder and

executed by a registered surveyor, such survey

being marked on the ground so that the streets,

blocks, lots and other divisions thereof can be

identified and drawn in accordance with the pro-

visions of these Regulations.

Garage, commercial: Any building or structure

where motor vehicles are stored, restored, re-

paired, painted or serviced for payment.

Golf course: A regulation nine- or eighteen-

hole course for the game of golf, which may or

may not be accompanied by a country club, but

not including freestanding miniature courses,

putting courses or golf driving ranges.

Grade, finished: The final elevation of the

ground surface after development.

Gross density: The average number of dwell-

ing units per acre of a development or a pro-

posed development.

Gross floor area: The total floor area of a

structure as measured along the outside walls at

floor level, and including all floors but excluding

open balconies and porches or enclosed parking

areas and related features.

Land Use Regulations General Provisions — §1.13

1-9

Ground water: Subsurface water within and

below the zone of continuous saturation.

Group home: A facility operated by a public,

nonprofit, or private agency, which provides

twenty-four-hour care or supervision of persons

who are not related by blood, marriage or adop-

tion to the facility's owner, operator or manager.

Hazard: A natural or manmade phenomenon or

condition which is a significant source of risk,

danger or peril.

Hazardous waste: Any material, alone or

mixed with other materials, which has no com-

mercial use or value, or which is discarded or is

to be discarded if its quantity, concentration or

physical, chemical or infectious characteristics

may cause or significantly contribute to an in-

crease in mortality or an increase serious irre-

versible or incapacitating reversible illness; or

pose a substantial present or potential hazard to

human health or to the environment when treat-

ed, stored, transported, disposed of or otherwise

managed.

Heliport: A structure or area of land or water

used or intended to be used by helicopters for

takeoff and landing, and the appurtenant build-

ings and facilities, including: necessary passen-

ger and cargo facilities, fueling and emergency

service facilities.

Helistop: A minimally developed heliport for

landing and discharging passengers or cargo,

and not intended for refueling or maintaining

itinerant helicopters.

Historic site: A structure or place of historical

significance. Such structure or place may be

designated a historic site by local, state or fed-

eral government and given official status and

protection.

Home occupation: Any use within a dwelling

and carried on by the inhabitants, which use is

clearly incidental and secondary to the use of

the dwelling for dwelling purposes and does not

change the character of the dwelling.

Hotel, motel or lodge: A building or portion

thereof with sleeping rooms used or design to be

used, let or hired for occupancy by persons on a

temporary basis and containing at least six (6)

such guestrooms.

Impact: The direct or indirect effect or conse-

quence resulting from a development upon land,

the environment, the community or any part or

segment thereof. The term shall include, but not

be limited to, physical, environmental, economic,

visual, auditory or social consequences or ef-

fects.

Improvements: Street surfacing, paths,

bikeways, sedimentation control facilities, re-

vegetation, curbs, gutters, sidewalks, water

mains, sanitary and storm sewers, gas lines,

electric and telephone lines and appurtenances,

street signs, trees and lights, lot pin monuments,

range point boxes and other such items as may

be required for or provided in compliance with

the provisions of these Regulations.

Individual Sewage Disposal System (ISDS):

An absorption system of any size or flow or a

system or facility for treating, neutralizing, stabi-

lizing or disposing of sewage that is not part of

or connected to a sewage treatment works as

that term is defined in Section 25-10-103 (20),

C.R.S., as amended.

Junkyard: A building, structure or parcel of

land or combination thereof used for the collect-

ing, storage or sale of waste paper, rags, scrap

metal or discarded material or for the collecting,

dismantling, storage, salvaging or demolition of

vehicles, machinery or other materials and in-

cluding the sale of whole item or parts thereof.

Kennel: Any building, structure or open space

devoted wholly or partially to the raising, board-

ing or harboring of six (6) or more animals that

are over four (4) months old.

Landing strip: A minimally developed airport

for landing and discharging passengers or car-

go, and not intended for refueling or maintaining

itinerant aircraft.

Land use change: Rezoning of property, sub-

division of land, substantial clearing, grading, fill-

ing or excavation, construction, alteration or

moving of buildings, or any action listed as an

"approval requested" in the Review Process

Chart. (See Section 2.03.)

Loading area: A parking space other than a

public street or alley for the parking of commer-

cial vehicles for the purpose of loading or un-

loading materials or merchandise.

Land Use Regulations General Provisions — §1.13

1-10

Local street: A street serving individual lots

within a subdivision.

Lot: A parcel or portion of land separated from

other parcels or portions of land by specific de-

scription as in a subdivision plat or plan, record

of survey or by metes and bounds description

and used or intended to be used as a unit for

transfer of ownership, record of ownership or

development.

Lot area: The total horizontal area within the lot

lines of a lot.

Lot depth: The average distance from a street

or road right-of-way to the rear lot line, which is

the lot line opposite and most distant from said

right-of-way line.

Lot width: The average distance between the

side lot lines.

Manufactured home: A single-family dwelling

which is partially or entirely manufactured in a

factory; is not less than twenty-four (24) feet in

width and thirty-six (36) feet in length; is installed

on an engineered permanent foundation; has

brick, wood or cosmetically equivalent exterior

siding and a pitched roof; is certified pursuant to

the "National Manufactured Housing Construc-

tion and Safety Standards Act of 1974," 42

U.S.C. § 5401, et seq., as amended, and which

meets or exceeds on an equivalent performance

engineering basis standards established by the

applicable building code. Equivalent perfor-

mance engineering basis means that, by using

engineering calculations or testing following

commonly accepted engineering practices, all

components and subsystems will perform to

meet health, safety and functional requirements

to the same extent as required for other single-

family dwelling units.

Master plan: A plan developed by the Planning

Commission in accordance with Section 30-28-

106, Colorado Revised Statutes, and all portions

of and amendments to such plan.

Meteorological (MET) Tower: Any tower to-

gether with associated instrumentation or devic-

es used for assessment of wind energy.

Mineral interest: An interest in real property

that may be severed from the surface estate of

the subject real property; which if severed, is

shown in the real estate records of Las Animas

County; and which is not owned as part of the

full fee title to the real property.

Mitigation: An action which will have one (1) or

more of the following effects:

1. Avoiding an impact by not taking a certain

action or parts of an action;

2. Minimizing an impact by limiting the degree

or magnitude of the action or its implementa-

tion;

3. Rectifying an impact by repairing, rehabilitat-

ing or restoring the impact area, facility or

service;

4. Reducing or eliminating an impact over time

by preservation and maintenance opera-

tions; and

5. Compensating for an impact by replacing or

providing suitable biological and physical

conditions and by replacing or providing

suitable services and facilities.

Mobile home: A structure designed to be

transported after fabrication and exceeding ei-

ther eight (8) feet in overall body width or thirty-

two (32) feet in overall body length, excluding

exterior appendages. Such structures, to qualify

as mobile homes, shall bear a Federal Certifica-

tion seal, as specified in 24 C.F.R. Chapter XX,

stating that the unit is constructed in accordance

with the Federal Manufactured Home Construc-

tion and Safety Standards in effect on the date

of manufacture for the class of manufactured

home specified, unless specifically exempted

from such requirements by the provisions of 24

C.F.R. Chapter XX, it shall be suitable for safe

human habitation on a year-round basis when

equipped with the required plumbing, heating,

electrical and related facilities, and it shall be

free from apparent health hazards, as deter-

mined by the County Building Inspector. Struc-

tures not meeting these criteria shall not be

deemed to be mobile homes, and the County

Building Inspector shall, following inspection,

cite in writing the deficiencies which prevent the

structure from being defined as a mobile home.

Land Use Regulations General Provisions — §1.13

1-11

Mobile home park: A parcel of land or continu-

ous lots upon which more than one (1) mobile

home or house trailer are located and used for

or intended to be used for dwelling purposes.

Multi-family dwelling: A dwelling that was de-

signed to house or houses more than two (2)

families.

Municipality: An incorporated city or town.

Nonconforming building or use: Any pre-

existing use of a structure, land or premises con-

flicting with one (1) or more provisions of these

Regulations.

Open space: Any land or water area which

serves the specific use of: providing park and

recreation opportunities, conserving natural are-

as and environmental resources or protecting

areas of agricultural, archeological or historical

significance. Open space shall not be consid-

ered synonymous with vacant or unused land or

yards as part of a platted lot.

Parking area: An open space or an enclosed

structure or building used exclusively or princi-

pally for the storage of motor vehicles.

Parking, off-street: Any parking area located

within the limits of one (1) or more lots and not

situated on a public road, street or other thor-

oughfare.

Parking space: The part of a parking area, ex-

clusive of drives, turning areas or loading spac-

es, devoted to parking for one (1) motor vehicle.

Person: Any individual, partnership, corpora-

tion, association, company or other public or

corporate body, including the federal govern-

ment and any political subdivision, agency, in-

strumentality or corporation of the State.

Pipeline: Any conduit and appurtenant facilities

designed for, or capable of, transporting natural

gas, other petroleum derivatives or other liquid.

Planned unit development: An area of land,

controlled by one (1) or more landowners, to be

developed or developed under unified control or

a unified plan of development for a number of

dwelling units, commercial, educational, recrea-

tional or industrial uses, or any combination of

the foregoing, the plan for which does not nec-

essarily correspond in lot size, bulk or type of

use, density, lot coverage, open space or other

restriction to the provisions contained elsewhere

in these Regulations.

Planning Commission: The Las Animas

County Planning Commission.

Planning Department: The Las Animas Coun-

ty Planning and Land Use Office.

Planning Director: The Director of the Las

Animas County Planning and Land Use Office.

Plat: A map and supporting materials of certain

described land prepared in accordance with

regulations contained in these Regulations as an

instrument for the recording of real estate inter-

ests with the office of the County Clerk and Re-

corder.

Principal use or building: A building in which

is conducted the main or principal use of the lot

or land area on which said building is located.

Public building or use: Any building open to

general use, participation or enjoyment by the

public and owned or leased by a unit of govern-

ment or by a public utility corporation or similar

organization.

Public hearing: A meeting called by a public

body, for which public notice has been given in

compliance with the provisions of these Regula-

tions and which is held in a place where the

general public may attend, with the principal

purpose of receiving testimony or public com-

ment on a specific application or issue.

Public utility: An electric substation, a gas

regulator station, a wire telephone service, a wa-

ter or sewage pumping station, a water reservoir

and similar public services. The term public

utility does not include communication facilities.

Radioactive waste: A solid, liquid or gaseous

material that contains radionuclides in excess of

threshold quantities; giving off radiant energy in

the form of particles or rays (Alpha Rays, Beta

Rays or Gamma Rays).

Recreational vehicle (RV): A vehicle primarily

designed as temporary living quarters for recrea-

tional, camping or travel use, which either has its

own motive power or is mounted on or drawn by

another vehicle. Examples of recreational vehi-

cles include, but are not limited to: camping

Land Use Regulations General Provisions — §1.13

1-12

trailer or tent trailer; motorized camper, motor

home, recreational conversion van or bus; pick-

up camper; tent; travel trailer.

1. Camping trailer or tent trailer means a

folding structure constructed of canvas,

plastic or similar water-repellent material,

designed to be mounted on wheels and to

be used as a temporary shelter for travel

and recreation purposes.

2. Motorized camper, motor home, recrea-

tional conversion van or bus means a self-

propelled vehicle consisting of a portable,

temporary shelter to be used for travel and

recreation purposes.

3. Pick-up camper means a structure de-

signed to be mounted on or loaded into a

pickup truck chassis for use as a temporary

shelter for travel and recreation purposes.

4. Tent means a portable, temporary cover or

shelter made of canvas, plastic or similar

materials supported by poles, with or without

side panels, used for travel and recreation

purposes.

5. Travel trailer means a towed vehicle de-

signed as a temporary shelter used for travel

and recreation purposes.

Recyclable materials: Reusable materials, in-

cluding but not limited to metals, glass, plastic,

wood, and paper, which are intended for reman-

ufacturing or reconstitution. Recyclable materi-

als do not include junk, rubbish, refuse or

hazardous waste.

Recycling collection center: A center for the

acceptance and temporary storage of either re-

cyclable or organic materials to be transferred to

a processing or composting facility.

Recycling processing facility: A facility where

recyclable and organic materials are collected

and processed. Processing includes but is not

limited to baling, briquetting, compacting, flatten-

ing, crushing, mechanical sorting, shredding and

cleaning.

Referral agency: An agency, organization, unit

or government, political subdivision, group of

persons or individual to whom submittal materi-

als and related text, map and graphic displays

are submitted for review, comment and/or rec-

ommendations to be returned to the Planning

Commission or the Board of County Commis-

sioners.

Reverse frontage lot: A lot which fronts on one

(1) public street and backs on another.

Rural land use process: A process for approv-

ing a cluster subdivision.

Roadway: That portion of a street right-of-way

designed for vehicular traffic.

Rooming or boarding house: A building or

portion thereof with sleeping rooms used or de-

signed to be used, let or hired for occupancy by

persons on a temporary basis and containing

between one (1) and five (5) such guest rooms.

Runway: A defined area on an airport prepared

for landing and takeoff of aircraft along its

length.

Scenic corridor: An area adjacent to and ex-

tending beyond a state or federal highway in Las

Animas County and areas of otherwise special

scenic interest that offer mountain, canyon,

plains and mountain-plains vistas of uncommon

natural meadowlands, igneous rock formations

and transitional foothills.

Semi-public building or use: Any building

open to the general use, participation or enjoy-

ment of the public and owned or leased by a

public agency other than a municipality, county,

state or federal government or public utility cor-

poration.

Service building: A building housing toilet and

bathing facilities for men and women with laun-

dry facilities and other such facilities as may be

required by the mobile home park and

campground regulations contained herein.

Setback: The distance required by the provi-

sions of these Regulations between the face of a

building and the lot line opposite that building

face, measured perpendicularly to the building.

Where angled buildings or lots or curved streets

or similar features exist, the setback shall be

measured as a mean distance.

Sign: Any structure, poster, banner, insignia,

billboard, trademark or other device used to in-

dicate directions, advertise, provide information

Land Use Regulations General Provisions — §1.13

1-13

or announce products, goods or services or at-

tract attention, except that flags and banners of

any county, state, municipality or nonprofit or-

ganization shall be exempt from this definition.

Sign area: The sum area of the surface of each

plane of the sign, within the outermost edge or

border of the plane. The sign area of freestand-

ing letters not attached to a surface or plane

shall be the area enclosed within the smallest

geometric figure needed to completely encom-

pass all of the letters, words, insignias or sym-

bols.

Sign, off-premises: Any sign which contains a

message unrelated to the business conducted or

to a commodity, service or entertainment sold or

offered on the premises upon which the sign is

located.

Single-family dwelling: A dwelling designed

for or occupied by a single family.

Site specific development plan: The ap-

proved plan which has been submitted to the

County to establish a vested right pursuant to Ti-

tle 24, Article 68, C.R.S., as amended, and set

forth in Section 7.08 of these Regulations.

Small wind energy system: A wind energy

conversion system consisting of a wind turbine,

a tower and associated control or conversion

electronics, which has a rated capacity of not

more than one hundred (100) kW and which is

intended to primarily reduce on-site consumption

of utility power.

Solar easement: The right of receiving sunlight

across real property for any solar energy device.

Such a right may be stated in any deed, will or

other instrument executed by or on behalf of any

owner of land or sky space.

Solar energy device: A solar collector or other

device or a structural design feature of a struc-

ture which provides for the collection of sunlight

and which comprises part of a system for the

conversion of the sun's radiant energy into ther-

mal, chemical, mechanical or electrical energy.

Solid waste: Any garbage, refuse, sludge from

a waste treatment plant, water supply treatment

plant or air pollution control facility, and other

discarded material, including solid, liquid, semi-

solid or contained gaseous material resulting

from industrial or commercial operations or from

community activities. Solid waste in this Sec-

tion will include any solid or dissolved materials

in domestic sewage, or agricultural wastes, or

solid or dissolved materials in irrigation return

flows, or industrial discharge which are point

sources subject to permits under the provisions

of the "Colorado Water Quality Control Act," Title

25, Article 8, C.R.S. 1973, or materials covered

under "Radiation Control Act" in Title 25, Article

2, C.R.S. 1973.

Stream: Any natural channel or depression

through which water flows either continuously,

intermittently or periodically, including any artifi-

cial modification of the natural channel or de-

pression.

Street: A way for vehicular traffic, whether des-

ignated as or called a street, highway, thorough-

fare, road, avenue, parkway or however else

designated.

Structural alteration: Any addition to or sub-

traction of parts of a building, including walls,

columns, beams, girders, foundations, doors,

windows and other related parts.

Structure: Anything constructed or erected up-

on the ground except utility poles, flag poles or

walls or fences less than six (6) feet high.

Subdivider: Any person, firm, company, part-

nership, joint venture or other group or associa-

tion who shall participate as owner, promoter,

developer, representative or sales agent in the

planning, platting, development, promotion, sale

or lease of a subdivision.

Subdivision or subdivided land: Any parcel of

land which is to be used for condominiums,

apartments or any other dwelling units, unless

such land when previously subdivided was ac-

companied by a filing which complied with the

provisions of the State of Colorado subdivision

law with substantially the same density, or which

is divided into two (2) or more parcels, separate

interests or interests in common, unless ex-

empted by the Board of County Commissioners,

as provided for in these Regulations. As used in

this definition and elsewhere in these Regula-

tions, interests includes any and all interests in

the surface of land but excludes any and all

subsurface interests.

The terms subdivision and subdivided land

shall not apply to any subdivision of land which

Land Use Regulations General Provisions — §1.13

1-14

creates parcels of land each of which comprises

thirty-five (35) or more acres of land and none of

which is intended for use by multiple owners.

Unless the method of disposition is adopted for

the purpose of evading this definition and State

of Colorado subdivision law, the terms subdivi-

sion and subdivided land, as defined herein,

shall not apply to any division of land:

1. Which creates parcels of land such that the

land area of each of the parcels, when di-

vided by the number of interests in any such

parcel, results in thirty-five (35) or more

acres per interest.

2. Which could be created by any court in this

State pursuant to the law of eminent do-

main, or by operation of law or by order of

any court in this State if the Board of County

Commissioners of Las Animas County is

given timely notice of any such pending ac-

tion by the court and given opportunity to

join as a party in interest in such proceeding

for the purpose of raising the issue of eva-

sion of this definition and State of Colorado

subdivision law prior to entry of the court or-

der and, if the Board of County Commis-

sioners does not file an appropriate pleading

within twenty (20) days after receipt of such

notice by the court, such action may pro-

ceed before the court.

3. Which is created by a lien, mortgage, deed

of trust or any other security interest.

4. Which is created by a security or unit of in-

terest in any investment trust regulated un-

der the laws of the State of Colorado or any

other interest in an investment entity.

5. Which creates cemetery lots.

6. Which creates an interest in oil, gas, miner-

als or water which is severed from the sur-

face ownership of real property.

7. Which is created by the acquisition of an in-

terest in land in the name of a husband and

wife or other persons in joint tenancy or as

tenants in common and any such interest

shall be deemed for the purposes of this def-

inition as only one (1) interest.

8. Which is created by the combination of con-

tiguous parcels of land into one (1) larger

parcel. If the resulting parcel is less than

thirty-five (35) acres in land area, only one

(1) interest in said land shall be allowed. If

the resulting parcel is greater than thirty-five

(35) acres in land area, such land area, di-

vided by the number of interests in the re-

sulting parcel, must result in thirty-five (35)

or more acres per interest. Easements and

rights-of-way shall not be considered inter-

ests for the purposes of this Item 8.

9. Which is created by a contract concerning

the sale of land which is contingent upon the

purchaser's obtaining approval to subdivide,

pursuant to these Regulations and any ap-

plicable County regulations, the land which

he is to acquire pursuant to the contract.

Subdivision, cluster: Any division of land that

creates parcels containing less than thirty-five

(35) acres each, for single-family residential

purposes only, where one (1) or more tracts is

being divided pursuant to a rural land use pro-

cess and where at least two-thirds (⅔) of the to-

tal area of the tract or tracts is reserved for the

preservation of open space.

Subdivision, single transaction large lot: Any

division of land done for the purpose of changing

the form of ownership of a previously subdivided

parcel, provided that the change does not alter

the overall existing density of the parcel being

subdivided.

Subdivision improvements agreement: One

(1) or more security arrangements which may be

accepted by Las Animas County to secure the

construction of such public improvements as are

required by the County subdivision regulations.

Tract: A parcel of land or contiguous combina-

tion thereof.

Transfer station: A facility at which refuse,

awaiting transport to a disposal site, is trans-

ferred from one (1) type of containerized collec-

tion receptacle into another or is processed for

compaction.

Two-family dwelling: A dwelling designed or

used for occupancy by two (2) families.

Use: The purpose for which any land, structure

or building is designed, constructed, maintained

or occupied.

Vacation lodge: A building or group of build-

ings containing individual rooms for sleeping and

Land Use Regulations General Provisions — §1.13

1-15

general occupancy and designed and used or

intended to be used for more than short-term

occupancy.

Vested property right: The right to undertake

and complete the development and use of prop-

erty under the terms and conditions of a County-

approved site specific development plan, as de-

fined in Section 24-68-102(5), C.R.S.

Wind farm: A single wind-driven machine or a

collection of wind-driven machines or turbines

that convert wind energy into electrical power for

the primary purpose of sale, resale or offsite

use.

Yard: The space on the same lot as a building

or structure that is unoccupied and open to the

sky.

Yard, front: That portion of a yard between the

street line and the building and between the two

(2) side lot lines, the depth of which shall be the

least distance between the front lot line and the

building.

Yard, rear: That portion of a yard between the

rear of a building and the rear lot line and be-

tween the two (2) side lot lines, the depth of

which shall be the least distance between the

building and the rear lot line.

Yard, side: All the yard between the front and

rear yards, the width of which shall be the least

distance between the side lot line and the build-

ing.

2-i

CHAPTER II

DEVELOPMENT REVIEW

2.01 Generally ....................................................................................................................................................... 2-1

2.02 Review Process ............................................................................................................................................. 2-1

2.03 Review Process Chart ................................................................................................................................... 2-1

2.04 Public Hearing Notices ................................................................................................................................... 2-2

2.04.01 Published Notice ......................................................................................................................... 2-2

2.04.02 Posted Notice .............................................................................................................................. 2-2

2.04.03 Mailed Notice .............................................................................................................................. 2-2

2.04.04 Public Notice Requirements Chart .............................................................................................. 2-3

2.04.05 Public Notice Time Requirements ............................................................................................... 2-3

2.05 Public Hearing Rules of Procedure ................................................................................................................ 2-3

2.06 Expiration of Development Approval .............................................................................................................. 2-4

2.07 Review Fees .................................................................................................................................................. 2-4

2.08 Stages of the Review Process ....................................................................................................................... 2-4

2.09 Pre-Review Conference ................................................................................................................................. 2-4

2.10 Procedures and Requirements for Preliminary Submission ........................................................................... 2-5

2.11 Procedures and Requirements for General Submission ................................................................................ 2-6

2.12 Procedures and Requirements for Final Submission ..................................................................................... 2-6

2.13 Referral Agencies .......................................................................................................................................... 2-7

2.14 Site Plan Review ............................................................................................................................................ 2-8

2.15 Special Uses .................................................................................................................................................. 2-8

2.15.01 Generally ..................................................................................................................................... 2-8

2.15.02 Submittal Requirements .............................................................................................................. 2-9

2.15.03 Criteria for Action on a Special Use Application .......................................................................... 2-10

2.15.04 Planning Commission Review ..................................................................................................... 2-10

2.15.05 Board of County Commissioners Review .................................................................................... 2-11

2.15.06 Duration ....................................................................................................................................... 2-11

2.16 Temporary Use Permit .....................................................................................................

.............................. 2-11

2.17 Rezoning ........................................................................................................................................................ 2-11

2.17.01 General Information ..................................................................................................................... 2-11

2.17.02 Submittal Requirements .............................................................................................................. 2-11

2.17.03 Criteria for Action on a Rezoning Application .............................................................................. 2-12

2.18 General Submittal Copy Requirements .......................................................................................................... 2-13

2.19 Sufficient Water Supply for Land Use Approval ............................................................................................. 2-13

Land Use Regulations Development Review — §2.01

2-1

CHAPTER II

DEVELOPMENT REVIEW

2.01 Generally

All land use changes within the County shall be

required to follow the procedures and satisfy the

requirements set out below prior to development.

"Land use change," as used in these Regulations, is

a general and inclusive term, and is defined at Sec-

tion 1.13. The developer is required to attend in

person or by authorized representative all meetings

at which the project is considered, unless otherwise

notified by the Planning Department. No land use

change may be undertaken except in accordance

with and pursuant to the appropriate approvals listed

in the Review Process Chart, Section 2.03.

All land use changes must also obtain building and

construction permits pursuant to the building, fire,

plumbing, mechanical and other codes adopted by

the County, and must comply with all other applica-

ble sections contained within these Regulations.

2.02 Review Process

All land use changes must be reviewed and ap-

proved in accordance with the review process and

standards set forth in this Chapter II. The following

chart establishes the required review steps applica-

ble to different forms of approval which may be

requested. Applicants should refer to the chart to

determine which one (1) or more "APPROVAL RE-

QUESTED" under the left-hand column of the chart

applies to their proposed development. The re-

quired stages of review for each approval are shown

on the lines to the right. Submission requirements

and the specific review process for each stage are

set out in detail in the balance of these Regulations

under the appropriate headings. Unless otherwise

indicated, amendment or modification of a prior

approval follows the procedure for review of the

original application.

In the event the Planning Commission or County

department with jurisdiction under this section rec-

ommends denial of an application at any stage, the

applicant may choose to proceed to the next stage

of review or may resubmit the application at the first

stage. In the event the review stage is before the

Board of County Commissioners, the application

may not be further processed following a denial. If,

in the opinion of the Planning Director, a submittal at

any stage of review is incomplete, the matter shall

be removed from the agenda and not further pro-

cessed until deemed complete.

The Planning Commission, Board of County Com-

missioners, Board of Adjustment or Planning Direc-

tor may require at any stage of review of any land

use change the submission of any plan, study, sur-

vey or other information, in addition to that specified

in these Regulations, and at the applicant's expense,

as such body may determine necessary to enable it

to review and act upon the application in order to

determine whether the application complies with the

requirements of these Regulations.

______________________________________________

2.03 Review Process Chart

Pre-Review Preliminary Final

Approval Requested Staff PC BOCC Staff PC BOCC BOA Notes

Site Plan X X

Major Subdivision

X H H X X H SIA Req'd

Cluster Subdivision X X X H

Minor Subdivision

X X

Plat Amendment X X

Plat Vacation X X H H

Replat X X H H

PUD Subdivision X X H X X H SIA Req'd

PUD Non-subdivision X X H H

Land Use Regulations Development Review — §2.03

2-2

Pre-Review Preliminary Final

Approval Requested Staff PC BOCC Staff PC BOCC BOA Notes

Rezoning X X H H

Special Use Permit X X H H

Sign Permit X X - -

Sign Permit (Appeal) X X X X

Variance X H

Temporary Use Permit X X

H.B. 1041 Permit X X X H

If five or fewer parcels, minor subdivision process applies. If six or more parcels, major subdivision process applies.

Key: PC Planning Commission

BOCC Board of County Commissioners

BOA Board of Adjustment

X Meeting required

H Public hearing required

S/A Subdivision Improvement Agreement

______________________________________________

2.04 Public Hearing Notices

2.04.01 Published Notice

At least fourteen (14) days prior to any public

hearing for a land use change which requires

approval by the Planning Commission, Board of

County Commissioners or Board of Adjustment,

the Planning Director shall cause to be pub-

lished, in the legal section of a newspaper of

general circulation within the County, a notice of

public hearing. The notice shall specify the kind

of action requested; the hearing authority; the

time, date and location of the hearing; and the

location of the parcel under consideration, by

both address and legal description. Publication

of the notice is the responsibility of the applicant.

Applicants shall be billed directly by the news-

paper publisher and shall submit proof of publi-

cation of the notice with the hearing authority

before the hearing may take place.

2.04.02 Posted Notice

At least fourteen (14) days prior to any public

hearing which requires posted notice, the Plan-

ning Director shall cause to be prepared, and

the applicant shall post, a sign (one [1] per street

frontage) upon the parcel under consideration

for approval which provides notice of the kind of

action requested; the hearing authority; the time,

date and location of the hearing; and the loca-

tion of the parcel under consideration by both

address and legal description. The signs shall

follow a form prescribed by the County and shall

consist of at least one (1) sign facing each adja-

cent public right-of-way. Such signs shall

measure at least three (3) feet by four (4) feet,

the size of all letters shall be at least two (2)

inches high and the signs shall be erected on

posts not less than four (4) feet nor more than

six (6) feet above ground level. The fact that a

parcel was not continuously posted the full peri-

od may not, at the full discretion of the hearing

authority, constitute grounds for continuance

where the applicant can show that a good faith

effort to meet this posting requirement was

made.

2.04.03 Mailed Notice

Not less than twenty-one (21) days prior to any

public hearing which requires notification by let-

ter, the applicant shall provide to the Planning

Director the following information, as applicable

to the property under consideration:

1. A list of property owners within three hun-

dred (300) feet of the perimeter of the prop-

erty, as shown on the records of the Las

Animas County Assessor; and

Land Use Regulations Development Review — §2.04.03

2-3

2. A list of owners of mineral interests that

have been severed from the surface estate

of the subject property, as shown on the

records of the Las Animas County Clerk and

Recorder, in accordance with Section 24-

65.5-103, C.R.S.

At least fourteen (14) days prior to any public

hearing which requires notification by letter, the

applicant shall cause to be sent, by certified

mail, a letter to the owners listed above.

The letter shall include a vicinity map, a short

narrative describing the relief sought and an an-

nouncement of the date, time and location of the

scheduled hearing. The letters shall specify the

kind of action requested; the hearing authority;

the time, date and location of the hearing; and

the location of the parcel under consideration by

address or approximate address. Failure of a

property owner to receive a mailed notice will

not necessitate the delay of a hearing and shall

not be regarded as constituting inadequate no-

tice.

2.04.04 Public Notice Requirements Chart

The following chart sets out the form of notice of

public hearings for each land use change review

process:

______________________________________________

NOTICE REQUIRED

Approval Requested Published §2.04.01 Posted §2.04.02

Mailed §2.04.03

Adjacent/300 ft. Mineral Interests

Major Subdivision X X X

PUD X X X

Cluster Subdivision X X X

Replat X X

Plat Vacation X

Rezoning X X X X

Special Use X X X X

Variance X X X

______________________________________________

2.04.05 Public Notice Time Requirements

Unless otherwise provided in these Regulations,

public notice time requirements include the day

the notice is posted, appears in the newspaper,

is mailed, and is received by a recipient, and

shall also include the day of the public hearing.

2.05 Public Hearing Rules of Procedure

1. Rehearing requests: No application shall be

submitted to or accepted by the Planning Com-

mission, Board of Adjustment or Board of Coun-

ty Commissioners (whichever is the final hearing

authority) if any previous application for the

same or substantially similar request for the

same property or portion of property has been

denied during the preceding twelve (12) months.

The twelve-month time limitation contained here-

in shall commence on the date of any final de-

termination of denial by the hearing authority or

a court of record, whichever is later.

The twelve-month time limitation shall be strictly

adhered to except upon a finding by the final

hearing authority, after evidence presented by

the applicant, that a major change in physical

conditions and circumstances warrants an earli-

er hearing. Major change in physical conditions

and circumstances shall mean a significant mod-

ification in the character and nature of the pro-

posed development or use, and shall be

reflected in the intensity of the use, the external

effects on adjacent properties or such other fac-

tors as may be determined by the hearing au-

thority.

Land Use Regulations Development Review — §2.05

2-4

An exception to the twelve-month limitation may

be allowed where the applicant or a member of

the final hearing authority who voted with the

prevailing side requests a rehearing on the

same application no later than at the next regu-

lar or special meeting. The granting of such a

rehearing shall be by majority vote and shall be

based upon the submittal of new evidence which

could not have been, with due diligence, pre-

sented at the previous hearing.

2. Quasi-Judicial Matters. Any application which

involves the use and/or development of a specif-

ic parcel of land, as opposed to a county-

initiated large area or county-wide proposal, is

considered a quasi-judicial matter. Applicants,

opponents and proponents are prohibited from

making ex parte contact (that is, contact outside

of the public hearing forum) with any member of

the decision-making authority.

2.06 Expiration of Development Approval

Any preliminary or final approval shall expire and

become null and void if: (1) for preliminary or gen-

eral approvals, an application for final approval is not

filed within one (1) year of such approval; or (2) for

final approvals, a building permit is not issued for the

work authorized within one (1) year from the date of

final approval or if the work is ceased for a period of

one hundred twenty (120) days or more at any time

after work is commenced. For rezoning, planned

unit development and special use final approvals, a

public hearing before the Board of County Commis-

sioners in the manner required for final review shall

be held to confirm whether the zoning and/or permit-

ted use of the property shall revert to that in place

prior to the (expired) approval. After approval has

expired, no work shall be commenced until the de-

veloper has received new approval pursuant to the

procedures set forth in these Regulations.

Any issued building permit shall expire if the work

authorized is not commenced within one (1) year

from the date of issuance.

On the effective date of the enactment of this Sec-

tion (August 1, 2010), there exist within the County

numerous preliminary, general and final develop-

ment approvals of various types, including rezoning

approvals, planned unit development approvals,

special use permit approvals and issued building

permits. The County hereby declares that each and

every one of said approvals shall be subject to the

requirements of this Section; provided, however,

that, for the purpose of measuring the time of expira-

tion of such approvals, each and every such ap-

proval shall be deemed to have been issued on the

effective date of this Section (January 1, 2009). It is

the intent of this Section that such preexisting ap-

provals, issued prior to the effective date of this

Section, not be deprived of the full benefit of the

periods of time granted prior to expiration, all as

provided herein.

2.07 Review Fees

At the time an application for a land use change is

first submitted to the County, and prior to any review,

the applicant shall pay to the County the fee neces-

sary to cover the administrative and review costs for

each project requiring review, in the amount fixed by

Chapter XII, prior to further processing of the appli-

cation by the County. Review will be terminated

until the account is brought current. If the County

incurs costs beyond the amount deposited and the

applicant does not pay those costs within thirty (30)

days after written notice from the County, the County

shall be entitled to a lien for those costs on the land

being developed, which lien may be perfected and

foreclosed in the same manner as provided for the

collection of taxes or in any other manner permitted

by law.

2.08 Stages of the Review Process

The stages of review are:

1. The pre-review conference.

2. The preliminary submission.

3. The general submission.

4. The final submission.

2.09 Pre-Review Conference

Prior to the formal submittal of any request for ap-

proval to proceed with a land use change, an infor-

mal pre-review conference shall be held between

the applicant and the Planning Department staff.

This conference will serve to acquaint the applicant

with the requirements of these Regulations and to

allow staff to become familiar with the applicant's

development intent and design philosophy. A

schematic site plan and building concept drawings

building permit length

of time

Land Use Regulations Development Review — §2.09

2-5

will aid in discussion at this conference; however

applicants are encouraged not to prepare detailed

designs which might require extensive revision as a

result of the pre-review conference. An applicant

should bring the following information in a brief

summary:

1. General project concept.

2. Specific uses proposed, and intensity of use

proposed (floor area and parking demand).

3. Proposed construction timing.

4. General concepts concerning building size and

exterior materials and site plan concepts:

5. An exterior materials package including roof

material and color, wall treatment, glass and

glazing.

6. Site plan concepts including site organization,

landscaping, irrigation, grading, lighting and

signs.

2.10 Procedures and Requirements for Prelimi-

nary Submission

Persons proposing land use changes to be reviewed

and/or acted upon at the preliminary submission

stage shall submit the required application forms,

application fees and submittal materials to the Plan-

ning Department.

The materials shall be reviewed by the Planning

Department, which shall determine whether the

materials submitted meet the appropriate submittal

requirements for the types of proposals to be re-

viewed, whether the required number of copies have

been submitted (see Section 2.18) and whether the

materials are sufficiently clear, neat and orderly.

Incomplete or inadequate applications will not be

scheduled for action until deemed complete.

When an application is deemed complete, the appli-

cant shall be so informed and the preliminary sub-

mittal shall be scheduled for review by the Planning

Commission. Preliminary submittals not requiring

referral to outside review agencies and not requiring

a public hearing shall be scheduled for review and/or

action within not less than three (3) days nor more

than thirty-five (35) days application is deemed to be

complete.

Preliminary submittals requiring a public hearing

and/or referral to outside review agencies shall be

scheduled for review and/or action by the Planning

Commission not before, nor more than thirty-five

(35) days after, the completion of the thirty-day

referral agency review period and the period re-

quired for notification of a public hearing.

The Planning Department shall determine which if

any referral agencies (see Section 2.13) shall review

the preliminary submission. In the case of a pro-

posed rezoning, any municipality or County located

within two (2) miles of the boundaries of the land

proposed to be rezoned shall also become a referral

agency.

Upon written request by a referral agency, the Plan-

ning Commission may extend the review period an

additional fifteen (15) days upon written notice to the

applicant.

In reviewing and acting upon the proposed land use

actions submitted to the Planning Commission at the

preliminary submission stage, the Planning Com-

mission shall review and make recommendations to

the Board of County Commissioners that the appli-

cation be approved, conditionally approved or de-

nied. If the Planning Commission continues the

application, it shall be reconsidered by the Planning

Commission when all conditions that were the cause

to table further consideration have been complied

with by the applicant.

If the Planning Commission recommends denial,

said denial may be appealed to the Board of County

Commissioners which may, at its discretion, ap-

prove, conditionally approve, continue or deny the

application. Applications which are denied by the

Board of County Commissioners shall not be recon-

sidered for one (1) year.

Upon recommendation by the Planning Commission

on an application requiring action by the Board of

County Commissioners, the Planning Director shall

schedule the application for action by the Board.

Preliminary submittals not requiring a public hearing

shall be scheduled not more than thirty-five (35)

days after action by the Planning Commission.

Preliminary submittals requiring a public hearing

shall be scheduled for consideration by the Board of

County Commissioners not more than thirty-five (35)

days after the completion of the required thirty-day

notification period for a public hearing.

Land Use Regulations Development Review — §2.10

2-6

In reviewing and acting upon applications for land

use changes brought before it at the preliminary

submission stage, the Board of County Commis-

sioners may approve, conditionally approve or deny

an application or it may remand the submission to

the applicant for further modification and amend-

ment or table final action of the application if the

Board finds there is insufficient evidence to take final

action.

Approval of the preliminary submission by the Board

of County Commissioners shall not constitute nor

presume acceptance or approval of any required or

other subsequent submissions and the Board may,

at its discretion, require the fulfillment of such condi-

tions as it sees fit to impose in a conditional approv-

al, as a precondition for consideration by the

Planning Commission or the Board of any subse-

quent submissions.

2.11 Procedures and Requirements for General

Submission

Persons proposing land use changes to be reviewed

and/or acted upon to the general submission stage

review shall submit the required application forms,

application fees and submittal materials to the Plan-

ning Department.

The Planning Department shall determine that any

and all modifications, amendments and special

conditions imposed at the preliminary submission

stage as a condition for subsequent review and/or

action have been complied with.

When an application is deemed complete, it shall be

reviewed pursuant to the schedule for preliminary

submissions, except as otherwise provided for.

Notice of public hearing shall be accomplished in the

manner specified in Section 2.04.

In reviewing and acting upon the proposed land use

actions submitted to the Planning Commission at the

general submission stage, the Planning Commission

shall recommend approval, conditional approval or

denial.

Upon recommendation by the Planning Commission

or upon the submittal of the appropriate materials for

a direct action by the Board of County Commission-

ers, the Planning Director shall schedule the applica-

tions or other materials for action by the Board.

General submittals not requiring a public hearing

shall be scheduled not more than thirty-five (35)

days after action by the Planning Commission or,

not requiring review by the Planning Commission,

not more than thirty-five (35) days after acceptance

of the required submittal materials.

In reviewing and acting upon proposed land use

actions, the Board shall approve, conditionally ap-

prove or deny the application.

Approval of a general submission by the Board of

County Commissioners shall not constitute nor

presume acceptance or approval of any required or

other subsequent submissions, and the Board may,

at its discretion, require the fulfillment of such condi-

tions as it sees fit to impose in a conditional approv-

al, as a precondition for consideration by the

Planning Commission or the Board of any subse-

quent submissions.

2.12 Procedures and Requirements for Final

Submission

Persons proposing land use changes to be reviewed

and/or acted upon at the final submission stage shall

submit the required application forms, application

fees and submittal materials to the Planning De-

partment.

The Planning Department shall determine that all

modifications, amendments and special conditions

imposed at the general submission stage as a condi-

tion for subsequent review and/or action have been

complied with.

When the application is deemed complete, it shall be

reviewed pursuant to the schedule for preliminary

submissions, except as otherwise provided for.

Notice of a public hearing shall be accomplished in

the manner specified in Section 2.04.

Correction plats submitted at the final submission

stage shall be exempt from the publication of notifi-

cation of hearing, notification of property owners,

mineral lessees, referral and review requirements,

along with the final plat submission requirements, if

the sole purpose of such correction plat is to correct

one (1) or more technical errors in a plat previously

approved by the Board of County Commissioners

and when the correction plat is consistent with the

preliminary plan previously approved by the Board of

County Commissioners.

Land Use Regulations Development Review — §2.12

2-7

In reviewing and acting upon proposed land use

actions submitted to the Planning Commission at the

final submission stage, the Planning Commission

shall recommend approval, conditional approval or

denial.

Upon recommendation by the Planning Commission

or upon the submittal of the appropriate materials for

direct action by the Board of County Commissioners,

the Planning Director shall schedule the applications

or other materials for action by the Board. Final

submittals not requiring a public hearing shall be

scheduled not more than thirty-five (35) days after

action by the Planning Commission. Final submittals

not requiring a public hearing shall be scheduled not

more than thirty-five (35) days after action by the

Planning Commission or, not requiring review by the

Planning Commission, not more than thirty-five (35)

days after acceptance of the required submittal

materials by the Planning Department.

Final submittals requiring a public hearing shall be

scheduled for consideration by the Board not more

than thirty-five (35) days after the completion of the

required notification period for a public hearing.

In reviewing and acting upon proposed land use

charges submitted to the Board of County Commis-

sioners at the final submission stage, the Board shall

act to approve, conditionally approve or deny.

In acting upon applications for approval of a final

plat, the Board of County Commissioners shall not

grant approval to a final plat unless and until all

required approvals have been granted to subdivision

improvements guarantees, covenants, easements,

deeds, proposed financial security arrangements

and all other requirements and preconditions for

approval of a final plat contained in Chapter IV of

these Regulations.

Applicants shall record approved final plats and all

attendant covenants, easements, deeds and related

documents, upon payment of the required recording

fees, in the office of the Las Animas County Clerk

and Recorder.

2.13 Referral Agencies

Referral of application materials to review agencies

shall occur as follows:

1. Applications for rezoning and for non-subdivision

PUD's shall be processed for referral in accord-

ance with the procedures and provisions con-

tained in Section 2.10.

2. Applications for special use permits, the vacat-

ing of plats and replats shall be subject to refer-

ral, at the discretion of the Planning Director,

when the size, characteristics, including possible

on- or off-site impacts, or other features of a

proposed land use change would warrant review

by one (1) or more local, regional, state or fed-

eral referral agencies.

Applications for the approval of a preliminary plan for

the subdivision of land (whether or not as a PUD)

shall be subject to referral to the following review

agencies:

1. The school districts in which the land encom-

passed by the proposed subdivision is located.

2. Each County, other than Las Animas County,

and municipality within a two-mile radius of any

portion of the proposed subdivision.

3. All applicable local improvement and service

districts, ditch companies and utilities.

4. The Colorado State Forest Service, when appli-

cable.

5. Local conservation districts.

6. The Colorado Department of Public Health and

Environment and/or such County, district or re-

gional health departments as may exist.

7. The State Engineer/Colorado Division of Water

Resources, when applicable.

9. The Colorado Geological Survey.

10. Other referral agencies and potentially affected

parties as the Planning Director may, in the ex-

ercise of reasonable discretion determine to be

reasonable and appropriate in order to provide

the Planning Commission and the Board of

County Commissioners with adequate infor-

mation.

The referral agencies shall make comments and/or

recommendations within thirty-five (35) days from

the date of mailing of the preliminary plan materials,

unless a necessary extension of not more than thirty

(30) days has been consented to by both the appli-

cant and the Board of County Commissioners.

Failure of any referral agency to respond within

Land Use Regulations Development Review — §2.13

2-8

thirty-five (35) days or within the period of an exten-

sion shall, for the purposes of the hearing on the

preliminary plan, be deemed a de facto approval of

such plan except that, when such plan involves

twenty (20) or more proposed dwelling units, a

school district shall be required to submit within said

time limit specific recommendations with respect to

the adequacy of school sites and the adequacy of

school structures.

Upon written request by a referral agency, the Plan-

ning Commission shall extend the review period an

additional fifteen (15) days upon notice to the appli-

cant. In the case of proposed rezonings, special use

permits, PUDs, vacating of plats and replats in ex-

cess of one thousand (1,000) acres, the Planning

Commission may, at its discretion, extend the review

period up to an additional thirty (30) days upon

written notification to the applicant.

Final submission application materials shall, unless

the Planning Commission deems otherwise, be

submitted for review only to those referral agencies

expressing concerns or making negative recom-

mendations at the general submission stage of

review. The Planning Commission may waive any

or all of the review agency referral agencies.

2.14 Site Plan Review

The requirements of this Section apply to develop-

ment on property for which the use proposed is:

(1) use by right; and (2) subdivision or planned unit

development approval is not sought. This Section

establishes application requirements only. The

applicant shall submit the following information in a

brief summary:

1. General project concept.

2. Specific uses proposed and intensity of use

proposed (floor area and parking demand).

3. Proposed construction timing.

4. General concepts concerning building size and

exterior materials and site plan concepts, includ-

ing:

a. An exterior materials package including roof

material, wall treatment, glass and glazing.

b. Site plan concepts including site organiza-

tion, landscaping, irrigation, grading, lighting

and signs.

5. The following additional data may be required by

the Planning Department to accompany the ap-

plication:

a. A site plan showing location of structures,

number of dwelling units per structure, exist-

ing contours at an interval of two (2) feet, lo-

cation of open space to be retained, location

of off-street parking spaces, location of

common areas and their proposed usage.

b. Evidence of availability of public water and

sewer facilities, in the form of a written

commitment by a municipal or quasi-

municipal agency stating that such service

will be available to the property.

c. Other information required by the Planning

Director.

2.15 Special Uses

2.15.01 Generally

Special uses may be allowed in an eligible zon-

ing district upon review and recommendation by

the Planning Commission and favorable action

by the Board of County Commissioners. A pub-

lic hearing before the Board of County Commis-

sioners shall be conducted prior to approval or

denial of the permit. Public notice of the hearing

shall be given as set forth in Section 2.04.

Issuance of a special use permit shall be subject

to such conditions and safeguards as the Board

of County Commissioners may impose in order

that the special use comply with the general in-

tent and specific provisions of these Regulations

and be in harmony with the character of the sur-

rounding area. Each special use permit is sub-

ject to review yearly or otherwise as often as the

Board or County Commissioners deems appro-

priate.

Special uses are discretionary uses which are

clearly shown to be void or deficient in an area

and which, if properly designed, developed, op-

erated and maintained, may be approved for any

specific location within a zone district wherein

the special use is enumerated. In order to pro-

tect the public interest, the Board of County

Commissioners shall have the right to approve,

approve with conditions or deny a special use

permit request and to revoke previously ap-

proved special use permits.

Land Use Regulations Development Review — §2.15.02

2-9

2.15.02 Submittal Requirements

Application for a special use permit shall include

the following items:

1. An application on a form provided by the

Planning Department.

2. A letter of intent.

3. A site plan.

4. The current zoning of the subject property

and adjoining property.

5. Proof of ownership, deed or current title pol-

icy and, as appropriate, certification from the

owner recognizing the owner's appointed

representative.

6. Description of the current land uses on the

property, the characteristics of the land with-

in the property boundaries, and the current

land use on all adjoining property.

7. Description of the proposed use of the prop-

erty and project activities needed to bring

about that use.

8. Statement of the impacts of the proposed

use on items such as roads and fire protec-

tion services, and on the features of the

neighboring environment such as flora, fau-

na and water resources.

9. Listing of additional local, state or federal

permits required to bring about the proposed

land use and notation of which permits have

been applied for and which, if any, have

been granted.

10. A noxious weed plan that conforms with the

Integrated Weed Management Plan for Las

Animas County and Section 35-5.5-101, et

seq., C.R.S. Applicants are encouraged to

contact NRCS and/or the Las Animas Coun-

ty Weed Coordinator for consultation.

11. A dust suppression plan during construction,

if applicable.

The site plan shall include the following items:

1. A minimum sheet size of 8.5" by 11" to 24"

by 36" drawn to an appropriate scale ap-

proved by the Planning Director and show-

ing the location, height and dimensions of

each existing and proposed structure in the

proposed special use areas, the uses to be

contained within the existing and/or pro-

posed structures and the name, mailing ad-

dress and phone number of the applicant.

2. The topography and drainage characteristics

of the property and the location of any

FEMA-designated floodplain areas on the

site.

3. The existing and proposed building setbacks

and the building area with reference to

property lines, highway, street or road rights-

of-way, watercourses and other natural and

historic features of the site.

4. The location and surfacing of any existing or

proposed parking areas and the number of

existing and proposed parking spaces.

5. The location of any existing and proposed

footpaths, traffic devices, driveways and

curb cuts with an indication of how pedestri-

an and vehicular movement will be con-

trolled.

6. The location, if any, and pertinent character-

istics of existing or proposed signs, lighting

fixtures and landscaping.

7. The location of any easements on the prop-

erty.

8. A notation of the stages, if any, in which the

project will be developed.

9. A vicinity map locating the proposed special

use in relationship to the surrounding area

within five hundred (500) feet of the bounda-

ries of the proposed property and a descrip-

tion of any existing plats and improvements

on this adjacent property.

The appropriate filing fees (see Chapter XII)

shall accompany the site plan. At the discretion

of the Planning Director, any but not all of the

submission requirements may be waived in cas-

es where provision of the specified items would

prove unnecessarily burdensome or inappropri-

ate. In special cases, additional submittal items

may be required by the Planning Director.

Land Use Regulations Development Review — §2.15.03

2-10

2.15.03 Criteria for Action on a Special Use

Application

All actions by the Planning Commission in re-

viewing and making recommendations and by

the Board of County Commissioners in approv-

ing or disapproving special use permits shall be

based in general upon these Regulations and

specifically on whether the proposed special

use:

1. Is consistent with the goals, objectives, poli-

cies and requirements of Las Animas Coun-

ty as contained in these Regulations and the

Las Animas County Master Plan;

2. Is consistent with and in harmony with

neighboring land uses and future intended

land uses in the area;

3. Will not unnecessarily scar the land and be

free from loose piles of soil or other materi-

als and open, unprotected pits or holes;

4. Will not be likely to prove detrimental to the

public health, safety or welfare of County

residents nor cause hardship for neighboring

persons;

5. Will meet a proven public need in that it will

fill a void in necessary services, products or

facilities especially appropriate at the loca-

tion proposed, considering available alterna-

tives;

6. Will not create or contribute to blight in the

neighborhood by virtue of physical or opera-

tional characteristics of the proposed use;

7. Will not adversely affect adequate light and

air, nor cause significant air, water or noise

pollution;

8. Will not result in undue traffic congestion or

traffic hazards, or unsafe parking, loading,

service or internal traffic conflicts to the det-

riment of persons whether on or off the site;

9. Will be appropriately designed, including

setbacks, heights, parking, bulk, buffering,

screening and landscaping, so as to be in

harmony and compatible with the character

of the surrounding areas and neighborhood,

especially with adjacent properties;

10. Will not overburden the capacities of the ex-

isting streets, utilities, parks, schools and

other public facilities and services;

11. History of compliance by the applicant with

these Regulations requirements and prior

conditions, if any, regarding the subject

property;

12. Ability of the applicant or any permitted suc-

cessor-in-interest to continuously meet the

conditions of the proposed permit;

13. Other factors relevant to the specific applica-

tion.

2.15.04 Planning Commission Review

The Planning Commission shall hear and con-

sider any evidence or statement presented by

the applicant, County staff or any person in at-

tendance at the hearing. The Planning Com-

mission shall recommend that Board of County

Commissioners approve, approve with condi-

tions, or deny the application, basing its recom-

mendation upon the facts presented in the public

hearing in consideration of the criteria for review

above. The Planning Commission may recom-

mend conditions or stipulations, which may in-

clude physical design as well as operational and

maintenance considerations in addition to

standard development and use regulations

which apply within a particular zone district or for

a similar "permitted use." Such conditions or

stipulations may be recommended in order to

ensure compliance with the criteria for review,

which, if not complied with, shall be grounds for

revocation of the special use permit.

The Planning Commission shall specifically rec-

ommend, and the Board of County Commis-

sioners shall specifically consider, whether the

particular special use is dependent upon design,

management or operational aspects such that it

should be a personal grant of use to the owner

of the special use and not a grant which trans-

fers with the affected property, and, in that con-

nection, the Planning Commission and Board of

County Commissioners shall recommend and

decide, respectively, whether the special use:

1. Runs with the land in perpetuity;

2. Is personal to the applicant and may or may

not be inherited; and/or

Land Use Regulations Development Review — §2.15.04

2-11

3. Shall be granted only for a defined period,

after which time the special use shall expire

unless renewed subject to all of the re-

quirements of this Section.

2.15.05 Board of County Commissioners

Review

The Board of County Commissioners shall re-

view and decide upon all requests for special

uses upon recommendation of the Planning

Commission for approval or upon appeal by an

applicant of a recommendation for denial by the

Planning Commission. Notice of public hearing

shall be in the manner provided in Section 2.04.

The Board of County Commissioners, in addition

to consideration of the Planning Commission

record, shall hear additional evidence and testi-

mony presented, and either approve, approve

with conditions or deny the application, its deci-

sion being based upon all evidence presented,

with due consideration of the criteria for review.

2.15.06 Duration

A special use permit is valid so long as the con-

ditions of approval are maintained by the appli-

cant, unless a specific time limit is imposed as

part of the permit approval. If an approved spe-

cial use ceases operation for any reason for a

period of one (1) year, the permit shall be

deemed expired, unless otherwise provided in

the permit itself. If the conditions of a special

use permit become the responsibility of a person

or entity other than the applicant, the Planning

Department shall be notified in writing, identify-

ing the new person or entity responsible for

maintaining the conditions of the permit. Until

such notice is received, the applicant shall re-

main responsible for maintaining those condi-

tions. The notice shall be attached to the permit

on file with the Planning Department.

2.16 Temporary Use Permit

Applications for temporary use permits are made to

and approved or denied by the Planning Director.

All applications for a temporary use permit shall be

accompanied by the appropriate filing fee (see

Chapter XII), an application on the appropriate form

issued by the Planning Department and a plot plan

showing at an appropriate scale and in legible fash-

ion the location of the proposed structures where the

temporary use would occur, the setbacks from the

property lines, the owners of the adjacent parcels,

existing roadways on adjacent to the property, when

the proposed temporary use would occur, the zoning

districts within which the proposed temporary use

and adjacent parcels lie and the current land uses

on the property in question and adjacent parcels.

All requests for renewal of a temporary use permit

shall be submitted in writing to the Planning Director

at least fifteen (15) working days prior to the expira-

tion date of the permit; the Planning Director may at

his discretion, based on the goals, objectives, poli-

cies and other provisions of these Regulations,

renew or deny the permit.

2.17 Rezoning

2.17.01 General Information

Applications to rezone or change the zoning

classification of a parcel or parcels of land shall

comply with the common procedures described

in this Chapter II. Applications for rezoning shall

be accompanied by an application form provided

by the Planning Department, by the appropriate

submittal materials (see Section 2.18) and by

the necessary filing fees (see Chapter XII). The

requirements of this Section also apply to the

creation and amendment of Planned Unit Devel-

opments (PUDs). Rezoning applications may be

initiated by:

1. The owner of the subject property.

2. The Board of County Commissioners.

3. The Las Animas County Planning Commis-

sion.

2.17.02 Submittal Requirements

Applications for rezoning shall include a letter of

intent and a site plan providing the information

required in Section 2.15.02 for special use re-

view. In addition, applicants shall supply the fol-

lowing supplemental information and such

additional information and documentary material

as the Planning Director shall stipulate:

1. The source and quantity of water required

for the proposed uses within the areas to be

rezoned.

2. The method of wastewater treatment and

anticipated quantity of wastewater generat-

ed.

Land Use Regulations Development Review — §2.17.02

2-12

3. When water or wastewater service would be

provided by a municipality or a water, sanita-

tion or water and sanitation district or other

public entity, written confirmation that the

public entity in question is willing and able to

provide the service in question.

4. A description of any natural or man-made

hazard within or in the vicinity of the land

proposed for rezoning and a statement de-

scribing how the anticipated impact of such

hazards will be mitigated.

5. A legal description of the property to be re-

zoned.

6. A vicinity map showing to scale the pro-

posed area to be rezoned in relationship to

the surrounding areas within a distance of

two (2) miles from the boundaries of the

proposed rezoning.

7. A graphic description of all natural and man-

made water courses, retention areas,

streams, lakes and known one-hundred-year

floodplains on or adjacent to the property

along with all areas in the proposed rezon-

ing with a slope of twenty (20) percent or

greater.

8. A description of any unique features, such

as historical sites, unique land forms or sce-

nic vistas contained within the land pro-

posed for rezoning.

2.17.03 Criteria for Action on a Rezoning

Application

All actions by the Planning Commission in re-

viewing and making recommendations on a re-

zoning application and by the Board of County

Commissioners in approving or disapproving

such application shall be based in general upon

the provisions of these Regulations, and on the

following additional criteria:

1. That the existing zoning is inconsistent with

the goals, objectives or policies of the Las

Animas County Master Plan.

2. That the land proposed for rezoning or adja-

cent land has changed or is changing to a

degree such that it is in the public interest

and consistent with the intent, purpose and

provisions of these Regulations to encour-

age different densities or uses within the

land in question.

3. That the proposed rezoning is needed to

provide land for a demonstrated community

need or service and such rezoning will be

consistent with the goals, objectives and pol-

icies contained within the Las Animas Coun-

ty Master Plan.

4. That the existing zone classification current-

ly recorded on the official zoning maps of

Las Animas County is an error.

5. That the change of zone is in conformance,

or will bring the property into conformance,

with the Las Animas County Master Plan

goals, objectives and policies, comprehen-

sive land use plan and other related policies

or plans for the area.

6. That the proposed change of zone is com-

patible with the surrounding area and there

will be minimal adverse impacts considering

the benefits to be derived.

7. That there will be social, recreational, physi-

cal and/or economic benefits to the commu-

nity derived by the change of zone.

8. That adequate infrastructure/facilities are

available to serve the type of uses allowed

by the change of zone, or that the applicant

will upgrade and provide such where they do

not exist or are under capacity.

9. That the proposed rezoning will not adverse-

ly affect public health, safety or welfare by

creating excessive traffic congestion, creat-

ing drainage problems or seriously reducing

light and air to adjacent properties.

10. That the rezoning will not create an isolated

or spot zone district unrelated to adjacent or

nearby areas.

In any petition for rezoning, the applicant shall

carry the burden of demonstrating that the land

in question should be rezoned and that the ad-

vantages resulting from rezoning would out-

weigh any disadvantages that would result.

Nothing contained herein shall, however, be

construed as limiting in any way the authority of

the Board of County Commissioners to rezone

any land within unincorporated Las Animas

County or otherwise amend the Zoning Regula-

tion and Maps for any reason consistent with the

health, welfare or safety of the residents of the

Land Use Regulations Development Review — §2.17.03

2-13

County. The final decision on a change of zone

expressly rests in the exercise of the discretion

of the Board of County Commissioners and all

applicants are advised there is no right to a

change of zone property.

2.18 General Submittal Copy Requirements

All submittal materials shall be neatly and clearly

drawn, legible, clear, free of errors and inaccuracies

and, when specified, capable of clean reproduction

on conventional copying equipment. Failure to

satisfy any of these conditions shall be sufficient

reason for the Planning Director, the Planning

Commission or the Board of County Commissioners

to reject submittal materials and return them for

appropriate modification or amendment.

The following number of submittal copies shall be

required, except as otherwise provided for, as a

precondition for the acceptance and the processing

of applications for proposed land use changes and

other related actions:

1. Site Plan: 5 copies.

2. Rezoning: 10 copies.

3. Special use permit: 20 copies.

4. Temporary use permit: 2 copies.

5. Variance: 5 copies.

6. Sign permit for administrative processing only: 2

copies.

7. Sign permit requiring Planning Commission and

Board of County Commissioners review: 5 cop-

ies.

8. Sketch plan: 5 copies.

9. Preliminary plan: 20 copies.

10. Final plat/replat: 3 copies and 2 Mylars.

11. Plat amendment: 5 copies.

12. PUD application: 20 copies.

13. Vacating of plats, rights-of-way and easements:

5 copies.

14. H.B. 1041 development permit: 20 copies.

15. Building permit: 2 copies.

Mylars shall be reproducible and submitted for sig-

nature by the Planning Commission and the Board

of County Commissioners. One (1) copy shall be

submitted for recording and one (1) copy for the

Planning Commission files.

2.19 Sufficient Water Supply for Land Use Ap-

proval

All development that requires a new water use shall

provide, concurrently with the first application for any

of the approvals listed on the Review Process Chart

in Section 2.03, evidence that the water supply

proposed to serve the development will be adequate

in terms of quality, quantity, dependability and avail-

ability. The County's determination as to whether

the proposed water supply is adequate to serve the

proposed development shall be based upon:

1. Evidence that the development will be served by

a public water supply entity currently providing

treated water service within the County, which

district has been operating within the County for

no less than ten (10) years prior to the date of

application for approval of the development;

2. If requested by the Planning Department, a letter

from the state engineer commenting on such

documentation;

3. Whether the applicant has paid to a water sup-

ply entity (as defined by Section 29-20-302,

C.R.S.) a fee or charge for the purpose of ac-

quiring water for or expanding or constructing

the infrastructure to serve the proposed devel-

opment; and

4. Any other information deemed relevant by the

Planning Department, including without limitation

any information required to be submitted by the

applicant pursuant to these Regulations or state

statutes.

The County shall not approve such development

application unless it finds, in its sole discretion and

after considering the application and all of the infor-

mation provided, that the applicant has satisfactorily

demonstrated that the proposed water supply will be

adequate. The County shall make its determination

concerning adequate water supply only once during

the development approval process unless the water

demands or supply of the specific project for which

the development approval is sought are materially

changed.

3-i

CHAPTER III

ZONING REGULATIONS AND MAPS

3.01 General Provisions ........................................................................................................................................ 3-1

3.01.01 Title ............................................................................................................................................. 3-1

3.01.02 County Building Code .................................................................................................................. 3-1

3.01.03 Control Over Use......................................................................................................................... 3-1

3.01.04 Incorporation of Maps .................................................................................................................. 3-1

3.01.05 Location of the Zoning District Maps of Las Animas County ....................................................... 3-1

3.01.06 Amendments to the Zoning District Maps of Las Animas County ................................................ 3-1

3.01.07 Interpretation of District Boundaries ............................................................................................ 3-1

3.02 Zoning Districts .............................................................................................................................................. 3-1

3.02.01 Establishment of Zoning Districts ................................................................................................ 3-1

3.02.02 District Characteristics and Requirements .................................................................................. 3-2

3.03 Permitted, Conditional and Prohibited Uses in Zoning Districts ..................................................................... 3-3

3.04 Uses Not Itemized ......................................................................................................................................... 3-5

3.05 Accessory Buildings and Uses ....................................................................................................................... 3-5

3.06 Temporary Uses ............................................................................................................................................ 3-6

3.06.01 Tents, Campers and Recreational Vehicles as Temporary Residences ...................................... 3-7

3.07 Airport Protection Overlay District Requirements and Provisions .................................................................. 3-7

3.07.01 Intent ........................................................................................................................................... 3-7

3.07.02 Permitted Uses Within an APO District ....................................................................................... 3-7

3.07.03 Limitations Within an APO District ............................................................................................... 3-8

3.07.04 Submittal Requirements in an APO District ................................................................................. 3-10

3.07.05 Private Landing Strips, Helistops and Heliports .......................................................................... 3-10

3.08 Mobile Home Park and Campground Regulations ......................................................................................... 3-10

3.09 Nonconforming Uses, Lots and Buildings ...................................................................................................... 3-10

3.09.01 Meaning and Intent ..................................................................................................................... 3-10

3.09.02 Abandonment of Use................................................................................................................... 3-10

3.09.03 Restoration .................................................................................................................................. 3-11

3.09.04 Enlargement of a Nonconforming Use or Building ...................................................................... 3-11

3.09.05 Alteration of Nonconforming Buildings ........................................................................................ 3-11

3.09.06 Structures Under Construction .................................................................................................... 3-11

3.09.07 Title Default ................................................................................................................................. 3-11

3.09.08 Conforming and Nonconforming Lots .......................................................................................... 3-11

3.09.09 Nonconforming Signs .................................................................................................................. 3-11

3.10 Maximum Building Height and Yard Setback Requirements .......................................................................... 3-12

Land Use Regulations Zoning Regulations & Maps — §3.01

3-1

CHAPTER III

ZONING REGULATIONS AND MAPS

3.01 General Provisions

3.01.01 Title

The title of this zoning resolution shall be the

Las Animas County, Colorado Zoning Regula-

tions and Maps, and may be so cited and plead-

ed. Hereinafter in these Regulations, it shall be

referred to as the Las Animas County zoning

regulations.

3.01.02 County Building Code

No building or other structure shall be erected,

reconstructed or structurally altered, nor shall

any building or land be used for any purpose ex-

cept in conformity with the regulations pre-

scribed herein for the zoning district in which

such building or land is located. No building

permit shall be issued by Las Animas County

unless the plans for the proposed erection, con-

struction, reconstruction, alteration or use fully

conforms to all zoning regulations then in effect.

3.01.03 Control Over Use

After the effective date of adoption of these

Regulations and the zoning regulations herein,

and subject to the appropriate sections of these

Regulations dealing with nonconforming uses

and buildings:

1. Any new building or other structure and any

tract of land may be used;

2. The use of any existing building, other struc-

ture or tract of land may be changed or ex-

tended;

3. Any existing building or other structure may

be enlarged, reconstructed, structurally al-

tered, converted or relocated for any pur-

pose permitted or required by the

regulations for the district in which such

building or other structure or tract of land is

located, and for no other purpose. Such

use, change, extension, structural alteration,

conversion or relocation shall be subject to

all other regulations set forth or referred to in

the regulations for that district and to all oth-

er applicable regulations contained within

these Regulations.

3.01.04 Incorporation of Maps

The location and boundaries of the districts es-

tablished herein are shown on the Zoning Dis-

trict Maps of Las Animas County, which are

hereby incorporated into these regulations and

into these Regulations. The said zoning maps,

together with everything shown thereon and all

amendments thereto, shall be as much a part of

these regulations and these Regulations as if

they were fully set forth and described herein.

3.01.05 Location of the Zoning District

Maps of Las Animas County

Upon the adoption of these Regulations, the

Board of County Commissioners shall file a cer-

tified copy of the Zoning District Maps of Las

Animas County in the office of the County Clerk

and Recorder, which copy shall be available to

the public, and in such other places as desig-

nated by the Board of County Commissioners.

3.01.06 Amendments to the Zoning District

Maps of Las Animas County

All amendments made to the Zoning District

Maps of Las Animas County in accordance with

these Regulations shall be recorded on the Zon-

ing District Maps on file in the office of the Coun-

ty Clerk and Recorder.

3.01.07 Interpretation of District Bounda-

ries

Unless otherwise noted, all district boundary

lines shall be construed to lie on the centerline

of streets, roads, alleyways and rights-of-way,

on lot lines of platted subdivisions, on section

lines, on boundaries of the County and of spe-

cial districts and on the corporate limit lines of

incorporated municipalities. Disputes regarding

the exact location of any district boundary line

shall be decided by resolution of the Board of

County Commissioners, acting upon recom-

mendation of the Planning Director.

3.02 Zoning Districts

3.02.01 Establishment of Zoning Districts

In order to carry out the purpose of these Regu-

lations and implement the goals, objectives and

policies of Las Animas County, as contained

herein, the unincorporated areas of Las Animas

zoning districts

setbacks etc

Land Use Regulations Zoning Regulations & Maps — §3.02.01

3-2

County is hereby divided, or by amendment

shall become divided, into the following zoning

districts:

A Agricultural District

RR Rural Residential District

UR Urban Residential District

RA Ranchette Zone

3.02.02 District Characteristics and Re-

quirements

A—Agricultural District

This district is created for the purpose of protect-

ing the productive agricultural lands of Las Ani-

mas County and preserving the visual and

cultural values associated with agricultural life-

styles in rural, unincorporated areas of Las Ani-

mas County, mountains and plains.

Minimum lot area: 35 acres

Minimum lot width: 200 feet

Minimum front yard setback: 60 feet

Minimum side yard setback: 25 feet

Minimum rear yard setback: 30 feet

Maximum building height: 60 feet

Minimum dwelling size: 600 square feet, except for

mobile homes, where

permitted

Maximum lot coverage: 15 percent

For permitted and prohibited uses, see Section

3.03.

RR—Rural Residential District

This zone generally comprises those areas of

the County along Highway 12 from the Stone-

wall Valley to Trinidad and on the fringes of Trin-

idad which are more conducive to development

because of the general availability of public ser-

vices and facilities.

Minimum lot area: 12,500 square feet

Minimum lot width: 100 feet

Minimum front yard setback: 30 feet

Minimum side yard setback: 15 feet

Minimum rear yard setback: 25 feet

Maximum building height: 45 feet

Minimum dwelling size: 600 square feet, except for

mobile homes, where

permitted

Maximum lot coverage: 50 percent

For permitted and prohibited uses, see Section

3.03.

UR—Urban Residential District

This zone generally comprises those areas im-

mediately adjacent to incorporated cities and

towns and those unincorporated communities

which are conductive to intense development

because of the availability of utility systems.

Minimum lot area: 7,500 square feet

Minimum lot width: 50 feet

Minimum front yard setback: 25 feet

Minimum side yard setback: 5 feet

Minimum rear yard setback: 25 feet

Maximum building height: 42 feet

Minimum dwelling size: 600 square feet, except for

mobile homes, where permitted

Maximum lot coverage: 50 percent

For permitted and prohibited uses, see Section

3.03.

RA—Ranchette District

The principal purpose of this zone is to allow ru-

ral residential development compatible with agri-

cultural uses.

Minimum lot area: 5 acres

Minimum lot width: 200 feet

Minimum front yard setback: 25 feet

Minimum side yard setback: 25 feet

Minimum rear yard setback: 20 feet

Maximum building height: 60 feet

Minimum dwelling size: 600 square feet, except for

mobile homes, where

permitted

Maximum lot coverage: 15 percent

Land Use Regulations Zoning Regulations & Maps — §3.02.02

3-3

For permitted and prohibited uses, see Section

3.03.

PUD—Planned Unit Development District

All of the above standard districts may be devel-

oped in accordance with Planned Unit Develop-

ment (PUD) concepts and procedures (detailed

at Chapter V), which are intended to encourage

creative planning consistent with the goals, ob-

jectives, policies and other provisions of these

Regulations. The overall density of a PUD may

exceed the density specified in the districts in

which it is located and variances from the nor-

mal zoning and subdivision requirements, such

as those governing setbacks. They shall be

permitted only when it can be demonstrated that

such waivers would further the purpose of the

PUD and be in compliance with intent of the

provisions of these Regulations.

3.03 Permitted, Conditional and Prohibited

Uses in Zoning Districts

The table on the following pages indicates which

land uses are allowed by right, which are special

uses and which are prohibited uses in each of the

zoning districts. Uses not listed are considered to

be special uses. See Section 2.15 on special uses.

______________________________________________

Permitted, Conditional and Prohibited Uses by Zoning District

Zoning District — A RR UR RA

.01 Single-family dwelling R R R R

.02 Two single-family attached dwellings (duplex) S R R S

.03 Multiple-family dwelling S S S S

.04 Boarding and rooming houses S S S S

.05 Rest, nursing, convalescent and retirement homes P S S S

.06 Hospitals and clinics P S S S

.07 Hotels, motels and vacation lodges, including time sharing estates S S S S

.08 Restaurants and eating places, bars and lounges P S S S

.09 Public schools and educational institutions R R R R

.10 Private schools, educational institutions and training centers S S S S

.11 Day care, child care, nursery schools and homes S S S S

.12 Churches and religious institutions R R R R

.13 Public and private airports, landing strips, helistops and heliports (see also Section 3.07) S S S S

.14 Cemeteries S S S S

.15 Parks, playgrounds, golf courses or playing fields R S S R

.16 Essential public and government utility uses, facilities, services and buildings, excluding

transmission and production facilities and accessory uses (see also Section 7.09)

S S S S

.17 Other utility uses, facilities and services, including electric power transmission lines, electric

power distribution lines, electric power generation facilities, and gas pipelines and all appur-

tenant facilities, uses and structures thereto (see also Section 7.09)

S S S S

.18 Communication facilities (including radio and television transmitting and receiving stations

and towers including microwave stations and cellular towers -see also Section 7.05)

S S S S

.19 Individual Sewage Disposal Systems (ISDS), sewage treatment plants and water treatment

plants and pipelines and all appurtenant facilities, uses and structures thereto, exempting the

City of Trinidad.

S S S S

.20 Waste from other states or counties buried, stored, transferred or incinerated in Las Animas

County: solid, hazardous or radioactive (see also Section 7.04)

P P P P

.21 Waste defined as "hazardous waste" buried, stored, transferred or incinerated in Las Animas

County

P P P P

Land Use Regulations Zoning Regulations & Maps — §3.03

3-4

Zoning District — A RR UR RA

.22 Waste having any radioactive association stored (permanent or interim), buried, transferred,

or incinerated in the boundaries of Las Animas County

P P P P

.23 Sanitary landfill within the boundaries of Las Animas County S P P P

.24 Radioactive sites: long term storage, interim storage, transfer station or incineration P P P P

.25 Hazardous waste sites: interim or permanent storage, transfer station or incineration P P P P

.26 Incineration of wastes P P P P

.27 Landfills and disposal sites for toxic, radioactive and otherwise hazardous materials, includ-

ing temporary or permanent hazardous storage facilities

P P P P

.28 Nuisance uses not otherwise listed S S S S

.29 Agricultural crop production, including orchards and accessory uses and buildings R R S R

.30 Animal production, including grazing, dairy farming and accessory uses and buildings but

excluding commercial feedlots

R R S R

.31 Commercial tree farms and cutting storages and sales of commercial firewood S S S S

.32 Confined animal feeding operations, commercial feedlots and sales yard R P P S

.33 Stands for the sale of agricultural products R R R R

.34 Commercial riding stables S S P S

.35 Kennels and veterinary clinics R S S S

.36 Guest ranches and vacation lodges S S S S

.37 Camping areas and campgrounds S S S S

.38 Individual mobile homes (see Section 7.11 for special regulations governing the placement

of individual mobile homes regardless of zoning district)

R R R R

.39 Mobile home parks and mobile home subdivisions(see also Chapter VIII) S S S S

.40 Ski lifts and accessory structures and uses S S S S

.41 Outdoor amusement facilities and entertainment facilities S S S S

.42 Membership clubs and lodges S S S S

.43 Professional business offices S S S S

.44 Personal service outlets such as beauty and barber shops, Laundromats, travel agencies,

etc.

S S S S

.45 Retail or wholesale outlets S S S S

.46 Shopping malls P S S S

.47 Firearms - sales and services S S S S

.48 Shooting ranges (indoor and outdoor) S S S S

.49 Gasoline service stations S S S S

.50 Vehicle repair facilities, including storage garages as a principal or an accessory use S S S S

.51 Motor vehicle parking lots S S S S

.52 Lumber yards and sawmills S P P S

.53 Manufacture or storage of gases or aboveground storage of flammable liquids such as

gasoline for other than residential or agricultural on-site use

S S S S

.54 Railroad facilities, including repair sheds and switch yards and trucking terminals, excluding

trucks

S S S S

.55 Junk or wrecking yards when surrounded by an eight-foot-high solid fence or not visible from

any public roads

S P P S

.56 Batch plants and hot mix plants and all appurtenant accessory uses thereto S P P S

Land Use Regulations Zoning Regulations & Maps — §3.03

3-5

Zoning District — A RR UR RA

.57 Manufacture, fabrication or processing of all materials not otherwise listed and which will not

cause excessive noise, heat, dust, fumes or other adverse consequences

S S S S

.58 Manufacturing, production and other uses not otherwise listed that will cause excess noise,

heat dust, fumes or other adverse consequences

S S S S

.59 Rock quarries, sand and gravel excavation pits, oil wells and all appurtenances and acces-

sory uses thereto, but excluding strip and underground coal mines and the prospecting,

exploration for or extraction of uranium or other radioactive materials

S S S S

.60 Underground coal mines S S S S

.61 Strip mines S P P P

.62 Recycling collection centers S S S S

.63 Recycling processing facilities S S S S

.64 Group homes S S S S

.65 Correctional facilities S P P S

.66 Small wind energy systems R R R R

.67 Commercial wind farms S P P S

KEY

R = Use Allowed by Right

P = Use Prohibited

S = Special Use

A = Agricultural District

RR = Rural Residential District

UR = Urban Residential District

RA = Ranchette District

______________________________________________

3.04 Uses Not Itemized

Upon petition by any individual or organization or by

its own initiative, the Board of County Commission-

ers may, by resolution, following review and recom-

mendation by the Planning Commission, add to the

itemized list of uses in Section 3.03, any additional

uses which conform to the following criteria:

1. That the use by right, special use or prohibited

use conforms to the basic characteristics and

purpose of the district to which it would be add-

ed.

2. That, if there are zoning districts to which the

additional use would be equally or more appro-

priate, such use shall also be added to those

districts.

Before adopting any such resolution, the Board of

County Commissioners shall hold a public hearing

upon the matter, giving at least thirty (30) days'

notice of the time, place and subject matter of such

hearing by at least one (1) publication in a newspa-

per of general circulation in the County.

3.05 Accessory Buildings and Uses

An accessory building or use is a subordinate use of

a building, other structure or tract of land or a subor-

dinate building or other structure: a) which is clearly

incidental to the use of the principal building, other

structure or use of land; b) which is customary in

connection with the principal building, other structure

or use of land; or c) which is ordinarily located on the

same lot with the principal building, other structure

or use of land.

The following uses are permitted in the following

zoning districts, provided that they are incidental to

and on the same premises as a permitted or special

use:

Land Use Regulations Zoning Regulations & Maps — §3.05

3-6

ACCESSORY USES

USE ZONE

Garages for the storage of automobiles and/or commercial vehicles, including the maintenance of those vehicles. A and RA

Garages for the storage and owner maintenance of automobiles, light trucks and recreational vehicles. RR and UR

Vehicle parking and loading space. All

Home occupations or professional offices, only when operated by residents living on the premises and not exceeding

thirty (30) percent of three hundred (300) square feet of the gross floor areas, whichever is greater. Such use shall

be clearly incidental and secondary to the use of the dwelling for residential purposes and shall not change the

character thereof nor generate traffic which significantly or adversely affects the residential character of the area.

A and RA

Home occupations as permitted above, except that there shall be no exterior storage on the premises of material or

equipment used as part of the home occupation and there shall be no noise, vibration, smoke, dust, odors, heat,

glare or other effects noticeable at or beyond the property line and there shall be no exterior advertising other than

identification of the home occupation.

RR and UR

Controlled burning units incidental to residential and agricultural use. A

Household pets, private greenhouses, swimming pools and fallout shelters for personal uses so long as such acces-

sory uses pose no threat to human health, safety and welfare to owners, users or adjacent residents and so long as

they meet all applicable building, electrical and plumbing codes and have received all required local, regional and

state permits.

All

Fences or walls which are not over six (6) feet in height. Taller fences are permitted upon inspection by the County

Building Inspector, who shall issue a permit for such fences upon determination that they would not block light, sun,

air, vision or otherwise pose a health or safety hazard or a nuisance. No fence, wall, shrubs, trees, signs or any other

obstruction over three (3) feet in height, as measured from the surface of the lowest roadway of the intersection

streets or roads, shall be permitted in any setback area if it obstructs the sight of drivers at any intersection.

All

Any accessory buildings, structures or uses required in addition to and in conjunction with any use by right or ap-

proved special use.

All

3.06 Temporary Uses

Upon application to the Planning Director, a temporary use permit may be issued for the following uses in the

following zoning districts and for the following periods of time. Such permits shall be valid only for the period

of time specified, and no more than two (2) renewals of the temporary permit shall be issued by the Planning

Director. Such permits may be predicated upon a showing by the applicant that the temporary use will not

adversely affect the health, safety and welfare of the occupant(s) or surrounding properties by providing in-

formation regarding the specifics of the structure, water sources, restroom facilities, electrical power and any

other information the Planning Director deems necessary and relevant.

TEMPORARY USES

USE ZONE PERIOD

Anemometer or MET tower. These temporary structures shall comply with all applicable guidelines

for locating a wind farm (Section 7.14.02), including compliance with FAA regulations and any

additional safety provisions deemed appropriate by the Planning Director.

A and RA 36 months

Residences, including mobile homes, but excluding tents, campers and recreational vehicles. A

temporary residence permit shall be issued for utilizing a temporary structure on the premises only

after obtaining a building permit for a permanent residence.

All 6 months

Construction office and yards. These temporary structures for office space and the storage of

construction materials and equipment shall be used for the management of construction projects so

long as they are not used for living quarters.

All Life of

project

fence

Land Use Regulations Zoning Regulations & Maps — §3.06

3-7

USE ZONE PERIOD

Temporary sales offices. Temporary sales offices for the sale of residential, commercial, industrial

or other units of space shall be located within the areas of a recorded final plat and sales shall be

limited to those units within the platted subdivision in which the sales office is located.

All 6 months

Carnivals, circuses, bazaars, fairs, tent meetings, firework stands, auctions and crusades. A, UR, and RA 1 month

Non-commercial batch plants. A and RA 6 months

Such other temporary uses as may arise from time to time and which, in the opinion of the Planning

Director, furthers and contributes to the welfare of the people of the Las Animas County, Colorado.

All 3 months

______________________________________________

3.06.01 Tents, Campers and Recreational

Vehicles as Temporary Residences

Tents, campers and recreational vehicles, when

employed as temporary residences for human

occupation, are hereby declared to be a tempo-

rary use as defined within these Regulations,

and shall be treated as temporary residences,

as described in this Section 3.06. Tents, camp-

ers and recreational vehicles that are occupied

more than seven (7) days (whether or not such

days are consecutive) within any thirty-day peri-

od shall be presumed temporary residences,

and such uses must receive a temporary use

permit as required under this Section 3.06.01.

Permits allowing for the use of tents, campers or

recreational vehicles as temporary residences

shall only be valid for thirty (30) days in A and

RR districts and fifteen (15) days in UR districts.

Such permits are subject to the renewal re-

quirements set forth in this Section 3.06.

3.07 Airport Protection Overlay District Re-

quirements and Provisions

3.07.01 Intent

The Airport Protection Overlay District is a sup-

plemental district that may overlay any standard

zoning district. Any use by right or special use

permitted in the underlying district is also permit-

ted in an APO district so long as that use meets

the special conditions required in an APO dis-

trict.

The APO district is established to minimize ex-

posure of residential and other sensitive land

uses to aircraft noise areas, to avoid danger

from aircraft accidents, to reduce the possibility

for such accidents, to discourage traffic conges-

tion within the area of the district and to restrict

noncompatible land uses in proximity to and

within airport influence areas.

This zoning district shall be applied in the vicinity

of all general aviation airports and public heli-

ports (see, however, Section 3.07.05) which

would be significantly affected by air traffic,

noise or any hazard related to the establish-

ment, operation or maintenance of an airport or

heliport facility. At a minimum, the APO District

shall apply to the Perry Stokes Airport.

The degree of protection provided by this over-

lay district is considered reasonable and prudent

for land use regulatory purposes and is based

on established parameters on control.

Establishment of this district, however, does not

imply that areas outside of the district will be to-

tally free from airport- and aircraft-related haz-

ards nor that all hazards within the district will be

completely mitigated. Establishment of this dis-

trict shall not create a liability on the part of or

cause any action against Las Animas County or

any officer, employee or contractor thereof for

any damages that may result directly or indirect-

ly from reliance on the provisions contained

herein.

3.07.02 Permitted Uses Within an APO Dis-

trict

No building or land shall be used and no building

or other structure shall hereafter be erected,

Land Use Regulations Zoning Regulations & Maps — §3.07.02

3-8

converted or structurally altered except as pro-

vided for herein, and the following use provi-

sions shall apply within an APO district:

1. No use may be made of land within the dis-

trict in such a manner as to create electrical

interference with radio communication be-

tween an airport or heliport and aircraft or

make it difficult for pilots to distinguish be-

tween airport or heliport lights and other

lights, cause glare in the eyes of pilots using

the airport or heliport, impair visibility in the

vicinity of the airport or heliport or otherwise

endanger the taking off or the maneuvering

of aircraft in the vicinity of the airport or heli-

port. Noise attenuation in building design

shall be encouraged and may be required

for structures to be erected within the dis-

trict.

2. Nothing contained within this district regula-

tion shall be construed to require the remov-

al, lowering or other change or alteration of

any structure or object of natural growth not

conforming to the provisions contained here-

in or otherwise interfere with the continu-

ance of any nonconforming use, except as

specifically stated.

3. Nothing contained within this district regula-

tion shall require any change in the con-

struction, alteration or intended use of any

structure, the construction or alteration of

which was begun prior to the effective date

of adoption of these Regulations and is dili-

gently prosecuted; provided, however, that

when the nonconforming structure or non-

conforming use is destroyed or damaged to

the extent of over fifty (50) percent of the

appraised value of the nonconforming struc-

ture or use, any reuse, reconstruction or re-

placement shall be deemed a new use and

shall be subject to the applicable provisions

contained herein.

4. The owner of any nonconforming structure

or object of natural growth is hereby re-

quired to permit the installation, operation or

maintenance thereon of such markers or

lights as shall be deemed necessary by the

Board of County Commissioners or any oth-

er appropriate authority to indicate to the

operators of aircraft in the vicinity of the air-

port or heliport the presence of such non-

conforming structures or objects of natural

growth. Such markers and lights shall be

installed, operated and maintained at the

expense of the owners and/or operators.

5. Aviation easements may be required, at the

discretion of the Board of County Commis-

sioners, within a designated APO district.

3.07.03 Limitations Within an APO District

1. Height Limitations.

Height limitations within an APO district, ex-

cept as otherwise provided for herein, are

subject to the limitations of the district within

which the property is located. No structure

or object of natural growth shall be con-

structed, erected, altered, allowed to grow or

to be maintained in excess of height limits

and zones herein established.

A notice and approval from the Federal

Aviation Administration shall be required for

the construction or alteration of any structure

two hundred (200) feet or higher located

within twenty thousand (20,000) feet of the

end of any runway.

2. Surface Limitations.

Surface limitations within an APO district in-

clude all land and air space within the district

that would be hazardous to air navigation if

infringed upon. Surface limitations include

areas above imaginary surfaces and in the

clear zone and are established to regulate

the height of structures and natural objects

in the vicinity of an airport or heliport. These

surface limitations are set forth by the Fed-

eral Aviation Administration in the Federal

Aviation Regulations, Part 77, which are

hereby adopted by reference.

In addition, before any structure or natural

object is permitted to be erected, altered,

maintained or allowed to grow above the

imaginary surfaces established herein, a No-

tice of Construction or Alteration shall be

filed with the Federal Aviation Administration

for a determination of hazardous or nonhaz-

ardous conditions and of effect on the airport

Land Use Regulations Zoning Regulations & Maps — §3.07.03

3-9

rules and regulations. The Board of County

Commissioners shall not approve any such

development until after receiving and con-

sidering the Federal Aviation Administration

recommendation on the Matter.

Airport height zones, as determined by im-

aginary surfaces, shall include, but need not

be limited to, the following zones:

a. The utility runway visual approach zone,

which slopes upward twenty (20) feet

horizontally for each foot vertically, be-

ginning at the end of and at the same

elevation as the primary surface and ex-

tends to a horizontal distance of five

thousand (5,000) feet along the extend-

ed runway center-line with a lateral with

of one thousand two hundred fifty

(1,250) feet.

b. The utility runway nonprecision instru-

ment approach zone, which exhibits the

same configuration as the zone de-

scribed immediately above in Item a

above.

c. The horizontal zone, which extends one

hundred fifty (150) feet above the airport

elevation above mean sea level.

d. The STOL approach zone, which slopes

upward fifteen (15) feet horizontally for

each foot vertically beginning at the end

of and at the same elevation as the pri-

mary surface and extending to a dis-

tance of ten thousand (10,000) feet

along the extended runway centerline.

e. The transitional zone, which slopes up-

ward and outward seven (7) feet hori-

zontally for each foot vertically

beginning at the sides of and at the

same elevation as the primary surface

and the approach zones and extending

to a height one hundred fifty (150) feet

above the airport elevation above mean

sea level. In addition, there are hereby

established height limits sloping upward

and outward seven (7) feet horizontally

for each foot vertically, beginning at the

sides of and at the same elevation as

the approach zones and extending to

where they intersect with the conical

surface.

f. The STOL transitional zone, which

slopes upward and outward four (4) feet

horizontally for each foot vertically be-

ginning at the sides of and at the same

elevation as the primary surface and a

portion of the sides of the approach sur-

face and extends to an elevation of one

hundred (100) feet above the primary

surface.

g. The heliport VFR approach zone, which

slopes upward eight (8) feet horizontally

for each foot vertically beginning at the

end of and at the same elevation as the

primary surface and extending to a dis-

tance of four thousand (4,000) feet

along the primary surface centerline.

h. The heliport IFR approach zone, which

slopes upward fifteen (15) feet horizon-

tally for each foot vertically beginning at

the end of and at the same elevation as

the primary surface and extending to a

distance of ten thousand (10,000) feet

along the primary surface centerline.

i. The heliport VFR transitional zone,

which slopes upward and outward two

(2) feet horizontally for each foot verti-

cally beginning at the sides of and at the

same elevation as the primary surface

and the approach surfaces and extend-

ing a distance of one hundred fifty (150)

feet measured horizontally from and at

ninety-degree angles to the primary sur-

face centerline and extended centerline.

3. Land Use Limitations

Within APO districts in the vicinity of airports

and heliports, land use patterns will be en-

couraged that separate uncontrolled noise

sources from residential and other noise-

sensitive areas and that avoid danger to

public health and safety or to property due to

aircraft operations.

In areas subject to flight hazards, uses such

as schools, churches, hospitals and libraries

are not encouraged. Open space recrea-

tional and agricultural uses shall be encour-

aged and applicants proposing such uses

may petition for waiver of the special submit-

tal requirements (see Section 3.07.04). Any

Land Use Regulations Zoning Regulations & Maps — §3.07.03

3-10

other use proposed shall be accompanied

by written evidence that the proposed de-

velopment poses no significant threat to

public health and safety or to property. Ap-

proval may be contingent on the applicant

granting an aviation easement.

3.07.04 Submittal Requirements in an APO

District

In addition to the submission requirements oth-

erwise contained within these Regulations, the

Planning Commission may, at its discretion, re-

quire additional materials regarding any pro-

posed land use change or development project

in an APO district. These additional materials

may include, but not be limited to, any or all of

the following items:

1. A map or graphic description of existing and

proposed airport facilities including towers,

lights, terminals, hangers, aprons, parking

areas, taxiways and runways.

2. A map showing the height of all existing and

proposed structures within the contemplated

development and the relationship of these

structures to adjacent land uses.

3. Evidence of the elevation and pattern of air-

craft flights over the proposed site.

4. Information relating to noise levels on the

proposed site and written statements re-

garding sound mitigation measures, if any,

that will be used to attenuate existing or pro-

jected noise levels.

3.07.05 Private Landing Strips, Helistops

and Heliports

Compliance with the provisions of an APO dis-

trict is not required for private noncommercial

landing strips, helistops and heliports, provided

that they meet the following provisions and re-

quirements.

1. The applicant shall apply for and be granted

a special use for the propose use.

2. The applicant shall own a minimum of thirty-

five (35) contiguous acres of land on which

the landing strip would be located or five (5)

contiguous acres of land on which the heli-

stop or heliport site would be located.

3. No residential dwelling units, other than one

(1) dwelling unit owned by the applicant or

an immediate member of the applicant's

family, shall be located, within one-half (½)

mile of either end of any runway.

4. Runways will be so oriented that aircraft

takeoffs and landings will not pass within

one thousand (1,000) feet of any school,

dwelling unit or place of public assembly.

5. The applicant shall provide evidence that the

Federal Aviation Administration has been

sent an application for approval of airspace.

6. The applicant shall, at the discretion of the

Board of County Commissioners, grant an

aviation easement to Las Animas County or

other appropriate public body.

3.08 Mobile Home Park and Campground Regu-

lations

Establishment of a mobile home park or

campground in Las Animas County is procedurally

treated as a rezoning; the mobile home park and

campground regulations are contained in Chapter

VIII.

3.09 Nonconforming Uses, Lots and Buildings

3.09.01. Meaning and Intent

A nonconforming use of lot or building shall be

any use of lot or building that lawfully existed at

the time of adoption of these zoning regulations,

or zoning regulations previously adopted by Las

Animas County, and has been prohibited by the

provisions contained within these Regulations or

earlier lawfully adopted zoning resolutions of Las

Animas County.

It is the intent of these zoning regulations and

these Regulations to allow for the continuation of

such nonconforming uses of lots and buildings,

so long as they meet the provisions contained

herein, but not to encourage their enlargement

nor to allow their continuation should they be

discontinued for a reasonable period of time or

substantially damaged by fire or other causes.

3.09.02. Abandonment of Use

If active and continuous operations are not car-

ried on as a nonconforming use during a contin-

uous period of two (2) years, the building,

Land Use Regulations Zoning Regulations & Maps — §3.09.02

3-11

other structure or land where such nonconform-

ing use previously existed shall thereafter be

used and occupied only for conforming uses. A

nonconforming use of building or lot, if changed

to be a conforming use, building or lot, shall not

thereafter be changed back to a nonconforming

state.

3.09.03. Restoration

Any nonconforming building or other structure

may not be restored to the use of such structure

unless such nonconforming structure is dam-

aged or destroyed by fire or other cause to the

extent of less than fifty (50) percent of its re-

placement cost at the time of the destruction. In

cases, however, where the destruction was due

to causes beyond the control of the owner and

the destruction was less than total, the Board of

Adjustment may allow restoration upon a finding

of exceptional and undue hardship.

3.09.04. Enlargement of a Nonconforming

Use or Building

No nonconforming building or use shall be struc-

turally altered or expanded in any way that

would increase the degree or area of noncon-

formance. In matters pertaining to the restora-

tion of nonconforming buildings, the provisions

of the building, fire, plumbing, mechanical and

other codes as Las Animas County has adopted

shall apply unless such provisions are in conflict

with or inconsistent with provisions contained

within these Regulations, in which case the pro-

visions contained herein shall prevail.

3.09.05. Alteration of Nonconforming Build-

ings

Nonconforming buildings may be altered, how-

ever, upon the order of the County Building In-

spector or other County official to make that

building conform to established safety require-

ments, maintenance repairs may be undertaken

to keep the building in sound condition and al-

terations are permitted which would reduce the

degree of nonconformance or change the use to

one of conformance.

3.09.06. Structures Under Construction

Any nonconforming use or structure for which a

valid building permit has been issued before the

use or structure became nonconforming may be

completed and occupied in accordance with the

provisions of the building permit that was previ-

ously issued, subject to the other provisions of

this Section.

3.09.07. Title Default

If the title to any nonconforming lot or parcel

shall change by reason of tax delinquency and

such property is not redeemed as provided by

law, the future use of such property shall be in

conformity with the then adopted and amended

zoning regulations of the County.

3.09.08. Conforming and Nonconforming

Lots

Nonconforming lots of record at the time of

adoption of this zoning regulation may be built

upon or used provided that: the setback, floor

areas and bulk requirements for the zoning dis-

trict within which the lot is located are adhered

to, the lot was not created by private convey-

ance or in violation of the County subdivision

regulations and approval is granted by the Board

of Adjustment.

No lot which is conforming in size at the time of

adoption of this zoning regulation may be subdi-

vided according to the subdivision procedures

contained herein in such a manner that it would

become nonconforming or cause any structure

or use to become nonconforming.

The construction of single-family dwellings shall

be a permitted use on any lot made substandard

as to size by the adoption of this zoning regula-

tion or previous Las Animas County zoning reso-

lutions as long as the conditions contained in

this Section are satisfied along with the other

provisions of these Regulations, excepting the

minimum lot size requirements.

3.09.09. Nonconforming Signs

For nonconforming signs, see Section 6.04.

Land Use Regulations Zoning Regulations & Maps — §3.10

3-12

3.10 Maximum Building Height and Yard Set-

back Requirements

In computing the maximum height and minimum

yard setback requirements, the following architec-

tural features shall not be considered: unroofed

terraces and patios, cornices, sills, cupolas, belt

courses, eaves and similar features, open fire es-

capes projecting up to a distance of four (4) feet

from the face of a building, walls, rails or fences up

to a height of six (6) feet, and temporary awnings

and other shade devices. In UR (urbanizing resi-

dential) zoning districts, such architectural features

shall not, however, encroach upon the five-foot side

yard setback requirements contained in Section

3.02.02.

4-i

CHAPTER IV

SUBDIVISION REGULATIONS

4.01 General Provisions ........................................................................................................................................ 4-1

4.01.01 Title ............................................................................................................................................. 4-1

4.01.02 Types of Subdivisions and Exempted Divisions of Land ............................................................. 4-1

4.01.03 Exemptions ................................................................................................................................. 4-1

4.01.04 Acceptance of a Subdivision ....................................................................................................... 4-1

4.01.05 Sales Prohibition Prior to Platting ................................................................................................ 4-1

4.01.06 Building Permits .......................................................................................................................... 4-1

4.01.07 Zoning Compliance and Subdivision Location ............................................................................. 4-1

4.02 Dedication of Public Sites and Open Space .................................................................................................. 4-1

4.02.01 General Requirement .................................................................................................................. 4-1

4.02.02 Schedule for the Reservation and Dedication of Public Sites ...................................................... 4-2

4.02.03 Procedure and Requirements for Reservation and Dedication ................................................... 4-2

4.02.04 Payment in Lieu of Dedication ..................................................................................................... 4-3

4.02.05 Purpose ....................................................................................................................................... 4-3

4.02.06 Reservation for Common Private Use ......................................................................................... 4-3

4.02.07 Dedication and Acceptance ......................................................................................................... 4-4

4.03 Guarantee of Improvements .......................................................................................................................... 4-4

4.04 Ownership Records ....................................................................................................................................... 4-6

4.05 Guarantee by Deed and Release in Escrow .................................................................................................. 4-6

4.06 Withdrawal of Approval for Cause ................................................................................................................. 4-6

4.07 Family Transaction Exemption ....................................................................................................................... 4-6

4.08 Single Transaction Large Lot Exempt Subdivisions and Correction Plat Exempt Subdivisions ..................... 4-6

4.09 Exemption Procedures................................................................................................................................... 4-7

4.10 Minor Subdivisions ......................................................................................................................................... 4-7

4.11 Large Lot Subdivisions ................................................................................................................................... 4-7

4.12 Cluster Subdivisions ...................................................................................................................................... 4-8

4.12.01 Purpose ....................................................................................................................................... 4-8

4.12.02 Review Procedure ....................................................................................................................... 4-8

4.12.03 Standards for Review of Cluster Subdivisions ............................................................................. 4-8

4.12.04 Permitted Incentives for Application and Approval of Cluster Subdivisions ................................. 4-9

4.12.05 Conditions of Approval ................................................................................................................ 4-9

4.13 Subdivision Design Standards and Specifications ......................................................................................... 4-9

4.13.01 Subdivision Lots .......................................................................................................................... 4-9

4.13.02 Subdivision Blocks ...................................................................................................................... 4-10

4.13.03 Subdivision Streets and Roads ................................................................................................... 4-10

4.13.04 Driveway Design ......................................................................................................................... 4-13

4.13.05 Residential Mailboxes ................................................................................................................. 4-13

4.13.06 Underground Utilities ................................................................................................................... 4-14

4.13.07 Utility Easements ........................................................................................................................ 4-14

4.13.08 Drainage, Erosion, Sedimentation and Flood Control ................................................................. 4-14

4.13.09 Sanitary Sewage Disposal Systems ............................................................................................ 4-16

4.13.10 Water Service .............................................................................................................................. 4-17

4.13.11 Fire Safety and Protection ........................................................................................................... 4-18

4.13.12 Survey Monuments ..................................................................................................................... 4-19

4.13.13 Other Public Improvements ......................................................................................................... 4-19

4.13.14 Energy Conservation and Solar Access ...................................................................................... 4-19

4.13.15 General Subdivision Design Standards and Specifications ......................................................... 4-19

4.14 Wildlife Habitat Analysis ................................................................................................................................. 4-19

4.14.01 Procedure for High and Very High Impact Areas ........................................................................ 4-21

4.14.02 Standards .................................................................................................................................... 4-21

4-ii

4.15 Amendments to Approved and Recorded Plats ............................................................................................ 4-21

4.15.01 Procedures for Amendment ........................................................................................................ 4-22

4.15.02 Submission Requirements .......................................................................................................... 4-22

4.15.03 Criteria for Action on a Plat Amendment Application .................................................................. 4-23

4.15.04 Recording of Amended Plats ...................................................................................................... 4-23

4.16 Vacating of Approved and Recorded Plats, Rights-of-Way or Easements .................................................... 4-23

4.16.01 Procedure for Vacating Plats, Rights-of-Way and Easements ................................................... 4-23

4.16.02 Submittal Requirements ............................................................................................................. 4-23

4.16.03 Criteria for Action on a Vacation Application .............................................................................. 4-24

4.16.04 Vacating of Roads, Streets and Highways ................................................................................. 4-24

4.17 Submittal Requirements for Proposed Subdivisions ..................................................................................... 4-24

4.17.01 Sketch Plan/Preliminary Submission .......................................................................................... 4-24

4.17.02 Preliminary Plan/General Submission ........................................................................................ 4-26

4.17.03 Final Plat/Final Submission ........................................................................................................ 4-29

4.17.04 Plan and Plat Acceptance Provisions ......................................................................................... 4-31

Land Use Regulations Subdivision Regulations — §4.01

4-1

CHAPTER IV

SUBDIVISION REGULATIONS

4.01 General Provisions

4.01.01 Title

The title of this Subdivision resolution shall be

the Las Animas County, Colorado, Subdivision

Regulations and may be so cited and pleaded.

Hereinafter in these Regulations, it shall be re-

ferred to as the subdivision regulations.

4.01.02 Types of Subdivisions and Exempt-

ed Divisions of Land

These subdivision regulations make provision

for three (3) types of subdivisions; namely, large

lot subdivisions, regular subdivisions and mobile

home subdivisions, and for divisions of land that

are exempt from the provisions of this subdivi-

sion regulation. See Sections 4.09 on exemp-

tions, 4.11 on large lot subdivisions, 4.09 on

sketch plan exempted subdivisions and 4.08 on

single transaction large lot.

4.01.03 Exemptions

The Board of County Commissioners may, pur-

suant to rules and regulations contained herein

or by individual resolution, exempt from the defi-

nition of the terms "subdivision" or "subdivided

land" any division of land if the Board of County

Commissioners determines that such division is

not within the purposes of these Regulations or

the purposes of the subdivision laws of the State

of Colorado. See Section 1.13, Definitions, for a

listing of divisions of land exempted from the

terms "subdivision" and "subdivided land."

4.01.04 Acceptance of a Subdivision

No preliminary plan or final plat of a subdivision

nor any replat or plat vacating shall be recom-

mended for approval by the Planning Commis-

sion or be approved by the Board of County

Commissioners unless and until it conforms to

the appropriate provisions contained within the-

se subdivision regulations and elsewhere within

these Regulations.

4.01.05 Sales Prohibition Prior to Platting

No person, firm, partnership or corporation with

any interest in land located within a subdivision

or proposed subdivision shall transfer, agree to

sell, offer to sell or sell any land so located by

reference to or exhibition of or by use of a plan

or plat of that subdivision before such plan or

plat has been approved by the Board of County

Commissioners and recorded or filed in the Of-

fice of the County Clerk and Recorder.

4.01.06 Building Permits

No building or other structure shall be erected

nor shall a building permit be issued within a

subdivision or proposed subdivision before a fi-

nal plat has been approved by the Board of

County Commissioners and recorded or filed in

the Office of the County Clerk and Recorder.

4.01.07 Zoning Compliance and Subdivi-

sion Location

Subdividers shall offer to the Planning Commis-

sion and the Board of County Commissioners

satisfactory evidence that the zoning of the area

in which a subdivision, plat, replat or vacating of

a plat is proposed permits subdivision for the

use and density proposed. If the area of the

proposed land use change requires establish-

ment of a new zoning district, approval of such

rezoning shall be required before approval of a

preliminary plan is considered by the Planning

Commission or the Board of County Commis-

sioners. Lands subject to natural hazards such

as flooding, rockfalls, snowslides, wildfire, ex-

treme erosion or other natural or man-made

hazards shall not be platted for any use which

might endanger the health, safety or welfare of

the residents or users in the event that the haz-

ards present in the area cannot be adequately or

properly mitigated with acceptable control

measures.

4.02 Dedication of Public Sites and Open Space

4.02.01 General Requirement

The Board of County Commissioners, upon con-

sideration of the Master Plan, the necessity of

public buildings and facilities in the area and the

Land Use Regulations Subdivision Regulations — §4.02.01

4-2

particular type of subdivision proposed, shall re-

quire the dedication of areas or sites of a char-

acter, extent and location suitable for public use

for schools, parks, greenbelts, open space, flood

control, scenic areas or other necessary public

purposes (other than subdivision streets) ac-

cording to one (1) or more of the alternatives set

forth in Section 4.02.03.4. The Board of County

Commissioners may also require, at its discre-

tion, easements along the banks of public

streams or water courses in the subdivision for

access and recreational use. Such easements,

counting toward total required dedicated open

space, shall be provided as dedicated open

space and be governed and maintained in a

manner acceptable to the Board.

4.02.02 Schedule for the Reservation and

Dedication of Public Sites

Upon recommendation of the Planning Commis-

sion, the Board of County Commissioners shall

determine the proportion of a proposed subdivi-

sion, if any, to be reserved or dedicated to Las

Animas County for public or community uses.

Such reservation or dedication shall not exceed

twenty (20) percent of the gross area of a pro-

posed subdivision, and the Board of County

Commissioners shall make its determination up-

on request of an applicant in writing for such a

determination; and in no case shall such deter-

mination be delayed more than thirty (30) days

after submission of a sketch plan to the Planning

Commission. In considering the proportion of

land, if any, to be reserved or dedicated for pub-

lic or community proposes, including but not lim-

ited to open space, the Planning Commission

and the Board of County Commissioners shall

take into account the size, location and charac-

teristics of the proposed subdivision and the cur-

rent and likely future uses of the surrounding

area.

4.02.03 Procedure and Requirements for

Reservation and Dedication

1. Areas proposed for reservation and dedica-

tion shall be, in the opinion of the Board of

County Commissioners, suitable and usable

for the purposes and uses intended. Fac-

tors to be considered by the Planning Com-

mission and the Board of County Commis-

sioners in determining the suitability and

usability of sites include, but are not limited

to, the size, location and characteristics of

the population to use the sites and the size,

slope, drainage and other physical charac-

teristics of the sites to be reserved or dedi-

cated. The location of the sites to be

reserved and dedicated shall be determined

by the Board of County Commissioners up-

on recommendation by the Planning Com-

mission and by other public agencies, such

as a school district, with an interest in the

development and serving of the proposed

subdivision.

2. Dedication of sites to Las Animas County

shall be achieved through deed or other le-

gal transfer of the property at the time of fi-

nal plat approval and before recording of the

final plat. The Board of County Commis-

sioners shall, at its discretion, determine the

intended uses of land dedicated to Las Ani-

mas County. Any public or quasi-public

body may petition the Board of County

Commissioners for the use or ownership of

County land so dedicated for public purpos-

es or for use of the fees generated in lieu of

such dedication, and such petitions shall be

heard in a regular meeting of the Board of

County Commissioners and shall illustrate

the proposed facilities, intended uses of the

dedicated land, justification for the proposed

need and benefit to the public that would re-

sult. The decision of the Board of County

Commissioners shall be conveyed in writing

to the petitioner and recorded in the minutes

of the meeting.

3. The sites reserved for community use shall

be, in the opinion of the Planning Commis-

sion and the Board of County Commission-

ers, suitable and usable for their intended

purposes and uses based on consideration

of the factors described in this Section. The

areas reserved for community uses shall be

reserved through deed restriction, and the

maintenance of said sites shall be ensured

by specific obligations in the deed of each

lot within the subdivision or by other suitable

means acceptable to the Board of County

Commissioners.

Land Use Regulations Subdivision Regulations — §4.02.03

4-3

4. Prior to final plat approval, the developer

shall:

a. Dedicate land, interests in land or im-

provements or arrange for the construc-

tion of public facilities made necessary

as a consequence of the subdivision; or

b. Make a payment to the County of a sum

of money, to be determined by the

County in accordance with the criteria

set out below, based upon either the fair

market value of a percentage of the

acreage, a flat fee per lot or tract or, in

the case of any other method, such ba-

sis as may be agreed upon between the

County and the developer; such in-lieu

payment is to be applied against ex-

penses incurred by the County in the

provision of off-site services or facilities

made necessary or desirable by the

immediate or future increase in popula-

tion caused by or attributable to the

subdivision; or

c. Provide property by private covenant

where such property will fulfill the need-

ed recreational or amenity purposes.

d. Fulfill such other arrangements or condi-

tions, memorialized in a subdivision im-

provement agreement or development

agreement, as may be desirable or nec-

essary to alleviate the effects of or in-

crease the benefits caused by the

subdivision and to promote the public

health, safety and welfare of the present

and future subdivision residents and in-

habitants of the County as a whole.

4.02.04 Payment in Lieu of Dedication

Upon written request by an applicant, the Board

of County Commissions may accept cash pay-

ment in Lieu of dedicated land, in whole or part,

not to exceed the current market value of such

land that would have been dedicated to the

County. Current market value of the undevel-

oped land shall be determined mutually by the

subdivider and by the Board of County Commis-

sioners and, if they fail to reach a satisfactory

agreement, the current market value shall be de-

termined by the subdivider obtaining an apprais-

al of the land by a competent appraiser of his

choice and at his expense, the Board of County

Commissioners obtaining an appraisal of the

same property by an appraiser of its choice and

at its expense. The average of these two (2)

appraisals shall be deemed to be the current

market value of the property in question. All

moneys collected by the County under this Sec-

tion shall be deposited in an interest-bearing ac-

count which clearly identifies the category,

amount or fund of capital expenditure for which

the moneys were collected. Each such catego-

ry, account or fund shall be accounted for sepa-

rately. Any interest or other income earned on

such moneys shall be credited to the account.

4.02.05 Purpose

The purpose of the dedication and/or payment is

to provide the public facilities and/or services

made necessary as a consequence of the sub-

division, in an amount roughly proportional to the

impact of the subdivision upon such facilities

and/or services or the increased need for them

brought about by the subdivision. The develop-

er shall have the option, in its sole discretion, to

accept the County's calculation of the required

dedication, or to perform such studies as are

necessary to demonstrate the actual impact of

the subdivision upon public services and facili-

ties, and the resulting appropriate dedication or

other contribution.

4.02.06 Reservation for Common Private

Use

Reservation by covenant, in lieu of dedication,

may be permitted where land is to be used for

recreational or amenity purposes by the property

owners. Such areas shall be restricted to their

intended use by plats and recorded covenants

which run with the land in favor of the future

owners of property within the subdivision and

which cannot be defeated or eliminated without

the consent of the Board of County Commis-

sioners. In the event of a reservation or dedica-

tion for the use of owners of lots within a

subdivision, the subdivider shall provide for the

creation of a homeowners' association or similar

Land Use Regulations Subdivision Regulations — §4.02.06

4-4

organization with powers of assessment for

maintenance, improvements and upkeep of such

areas and the provisions contained within the

homeowners association bylaws or similar gov-

erning document shall receive approval from the

Board of County Commissioners prior to ac-

ceptance of a final plat.

4.02.07 Dedication and Acceptance

Final plat approval shall not constitute an ac-

ceptance of maintenance responsibility by Las

Animas County for the roads, streets, alleys or

other public lands indicated for dedication on

such plat. The dedication of any of these lands

for public use shall be accepted by resolution of

the Board of County Commissioners and in no

event until after inspection has shown that all

specifications of the County have been met.

Acceptance of dedicated lands shall not consti-

tute acceptance for maintenance responsibilities

of any right-of-way unless and until the following

conditions are met.

1. The Board of County Commissioners has

received a petition submitted by the land-

owners within the subdivision alleging a

need for County acceptance of responsibility

for street maintenance.

2. The Board of County Commissioners deter-

mines that the annual number of residents

or users of the roads in question justify such

acceptance.

3. The Board of County Commissioners acts

by resolution to formally accept maintenance

responsibility for such rights-of-way.

The Board of County Commissioners shall with-

hold all public street improvements and mainte-

nance from all rights-of-way which have not

been accepted for maintenance purposes by the

Board of County Commissioners. Roads ac-

cepted for maintenance purposes by the Colo-

rado Department of Transportation will be

similarly accepted by Las Animas County for

maintenance.

The location of all public or quasi-public land in-

tended to be conveyed or reserved in the deed

for use of all property owners shall be shown on

the preliminary and final plats or site plans, as

appropriate, together with the proposed method

of ownership, management, maintenance and

such other information as is necessary for the

Planning Commission and Board of County

Commissioners to evaluate the proposal.

At the time of presentation of the final plat for

approval by the Planning Commission and

Board of County Commissioners, a warranty

deed shall be presented for all land to be con-

veyed to the County, school district or other

governmental entity. The deed shall be accom-

panied by a title insurance policy or other evi-

dence that the land is free and clear from all

encumbrances.

4.03 Guarantee of Improvements

1. No final plat shall be approved by the Board of

County Commissioners until the subdivider has

submitted a subdivision improvements agree-

ment or similar contract setting forth the plan,

parties responsible and method for the construc-

tion of all required public improvements shown

on the final plat documents. The agreement or

contract shall adhere to design standards of the

County or prevailing engineering practices and

shall, in the judgment of the Board of County

Commissioners, make reasonable provision for

completing of the specified improvements in a

specified time period, with appropriate phasing,

as a condition for acceptance by the Board.

2. Suitable collateral in an amount stipulated in the

subdivision improvements agreement shall ac-

company the final plat submission to ensure

completion of the public improvements accord-

ing to design and time specifications. Such col-

lateral shall be in the form of a payment and

performance bond.

3. If the improvements required to be installed are

not constructed in accordance with the required

specifications, the County shall notify the subdi-

vider of the noncompliance and establish

schedules for the correction of the noncompli-

ance. If the Board of County Commissioners

determines that any or all of the improvements

will not be constructed in accordance with the

specifications, the County shall have the power

to annul the subdivision improvements agree-

ment, either fully or in part, and withdraw from

the deposit of collateral such funds as are nec-

essary to construct the improvements in accord-

ance with the specifications previously

established.

Land Use Regulations Subdivision Regulations — §4.03

4-5

4. Should a subdivider not provide suitable collat-

eral to insure completion of the required public

improvements, no final plat shall be accepted by

the Office of County Clerk and Recorder until

said improvements are constructed and ap-

proved by the Board of County Commissioners.

As the required public improvements in a subdi-

vision are completed, the subdivider may apply

in writing to the Board of County Commissioners

for a partial or full release of the collateral. The

Board of County Commissioners or its appointed

agent shall inspect the public improvements that

have been completed. If the Board determines

that the improvements have been made in ac-

cordance with the final plat and the subdivision

improvement agreement, a portion of the collat-

eral shall be released, provided that the Board of

County Commissioners retains sufficient collat-

eral to cover the cost of the incomplete im-

provements.

5. Concurrently with approval of the final plat, the

developer shall furnish the County with, at the

County's option, one (1) of the following: cash,

certified funds, a certificate evidencing good and

sufficient performance and payment bond or let-

ter of credit to secure the performance and

completion of the public improvements to be

dedicated to the County, in an amount equal to

one hundred fifty (150) percent of the estimated

cost of said improvements.

6. No letter of credit or performance bond drawn

upon a company, bank or financial institution

having any relationship to the developer or any

principal, director, officer or shareholder of the

developer (other than the relationship of deposi-

tor or checking account holder) shall be ac-

ceptable. The County may reject any security

for any reason.

7. From time to time, as work to be performed and

improvements to be constructed progress to

completion, the County may, upon its inspection

of and satisfaction with the completion of im-

provements or work, cause or request that so

much of the security required hereunder be re-

leased as corresponds to the completed im-

provements or work. Consent to release of

funds or security shall not constitute acceptance

by the County of such improvements or work for

maintenance purposes.

8. Prior to any subdivision, the developer shall

provide the County with a written warranty of

work in a form acceptable to the Planning De-

partment (which warranty may be part of the site

improvements agreement) with respect to the

improvements to be constructed, warranting that

the work will be free of all defects in design, ma-

terials and construction, and will remain service-

able for a period of two (2) years after

completion.

9. Except as may be provided in any subdivision

improvements agreement, the County shall not

accept responsibility for the operation or mainte-

nance of any improvements until completion of

the improvements and final acceptance thereof

by the County. Upon written application by the

developer for a certificate of completion, and

provided that all payments and other perfor-

mances herein agreed to be made and per-

formed by the developer have been made and

completed, the County shall issue a certificate of

completion. Except for defects appearing within

two (2) years after the date of the certificate, the

County will release the developer from all further

liability as to the completed improvements. Up-

on issuance of a certificate of completion, all im-

provements specified in the certificate shall be

deemed approved and accepted by the County,

whereupon the specified improvements shall be

owned, operated and maintained by the County.

10. No certificate of occupancy shall be issued for

any improvements within the development if

such agreement is in default or until the remain-

ing development improvements have been in-

stalled to serve the properties for which a

certificate of occupancy is sought, unless funds

or a performance bond sufficient to guarantee

completion and satisfactory to the County have

been provided by the developer. In the event

such funds are insufficient to complete the im-

provements, the County, in addition to any other

remedy, may revoke any or all certificates of oc-

cupancy relating to the development. No subdi-

vision may be further processed which is owned,

in whole or in part, by a developer who is in de-

fault of any site improvements agreement for

any subdivision within the County, or who is in

default of any agreement with the County for the

payment of any fee or charge.

Land Use Regulations Subdivision Regulations — §4.04

4-6

4.04 Ownership Records

So long as a subdivider continues to hold title to any

lots in a subdivision, such subdivider shall file with

the Las Animas County Assessor, no later than the

fifteenth of January of each year, a schedule of the

prior year's activity, listing the following information:

1. Name of the subdivision and date of filing of the

final plats.

2. Identification by lot and block number of the

buyer of all lots, with current buyer mailing ad-

dress, contract price and payment, the total

number of lots remaining unsold and the total

number of lots redeemed.

4.05 Guarantee by Deed and Release in Escrow

No lots within a subdivision nor any subdivided land

shall be sold or offered for sale without an absolute

guarantee by deed and release in escrow by the

land owners and lien holders, if there be any, that

merchantable title to the land sold within a subdivi-

sion shall be delivered to a purchaser who has paid

in full for said land regardless of the allocation of

payments. All sales contracts for subdivided land

and lots within a subdivision must be placed on

record not later than three (3) working days after the

expiration of any revocation period specified in the

laws of the State of Colorado and the United States.

4.06 Withdrawal of Approval for Cause

The Board of County Commissioners may withdraw

any approval previously granted to a preliminary

plan, final plat or related document if the Board

determines that any information provided by the

subdivider to the Board or to the Planning Commis-

sion, upon which such approval had been based,

was false or inaccurate.

In such cases, the Board of County Commissioners

shall give written notice to the subdivider or other

applicant stating the false or inaccurate information

allegedly provided to the Board or the Planning

Commission and directing the applicant to appear at

a public hearing, which shall be scheduled not less

than ten (10) nor more than thirty (30) days after

notice is given. At the hearing, the Board shall

determine the nature and extent of the alleged false

or inaccurate information and it may, for good cause,

withdraw any approval or require corrective

measures to be taken or direct its agents to enter

upon the property to take the corrective measures it

requires. The cost of such corrective measures shall

be assessed against the applicant.

4.07 Family Transaction Exemption

Unless the method of disposition is adopted for the

purpose of evading the provisions within these Reg-

ulations and the appropriate laws of the State of

Colorado, the terms "subdivision" and "subdivided

land" shall not apply to any division of land which is

created by the gift, transfer or sale by a parent to a

child or grandchild or by a child to a parent, so long

as the parcel created fully conforms to the zoning

and other provisions contained within these Regula-

tions. Such gift, sale or transfer shall be specifically

prohibited from creating nonconforming lots.

4.08 Single Transaction Large Lot Exempt Sub-

divisions and Correction Plat Exempt Sub-

divisions

Upon the recommendation of the Planning Commis-

sion, the Board of County Commissioners may, at its

discretion and in accordance with the procedures

described in Section 4.09, exempt from the definition

of the terms "subdivision" and "subdivided land" any

division of land which:

1. Is done for the purpose of changing the form of

ownership of a previously subdivided parcel,

provided that the change does not alter the

overall existing density of the parcel being sub-

divided.

2. Is done for the purpose of revising lot lines from

those shown on a recorded plat and which cre-

ates no more than the previously recorded num-

ber of parcels, provided that, first, any lot or

parcel which is now conforming shall remain so;

second, that any lot or parcel that is now non-

conforming shall not have its degree of noncon-

formance increased; and, third, that the plat

amendment and other appropriate provisions of

these Regulations are satisfied.

3. Is done for the purpose of correcting an engi-

neering or survey error in a recorded plat, pro-

vided that the corrections continue to meet the

applicable provisions of these Regulations.

Land Use Regulations Subdivision Regulations — §4.09

4-7

4.09 Exemption Procedures

Family transaction exemptions from these subdivi-

sion regulations require no approval; all other ex-

emptions (see Section 4.01.02) shall adhere to the

following procedures.

Applicants for such exemptions shall submit to the

Planning Commission a written request for exemp-

tion, which shall include, at a minimum, the following

information:

1. A description of the property in question, with a

vicinity map, noting the location of all property

lines, easements and rights-of-way and the loca-

tion and current and proposed future uses of all

structures on the property. The description shall

also include the size of the property in question

and the names and addresses of all adjacent

property owners.

2. A statement describing what exemptions are

requested, why they are being requested and

why they should be granted.

3. Evidence of ownership of the property in ques-

tion or clear authority from the owners to act as

their appointed agent.

Exemption requests shall be considered by the

Planning Commission, which may, at its discretion,

request such additional information as it reasonably

needs and may also submit the request to other

organizations, agencies or private parties for review

and comment. Following review of the request, the

Planning Commission shall make a recommendation

to the Board of County Commissioners. The Board

of County Commissioners shall review the request

and the recommendations and comments forwarded

to it and either approve or disapprove the request.

The Board will be deemed to have granted such

request for exemption or request for variance if it

fails to rule within thirty (30) days after the Planning

Commission submits the request to it for action.

4.10 Minor Subdivisions

Proposed subdivisions which impose a condomini-

um form of ownership upon existing built structures,

and subdivisions which meet all of the following

criteria, may be processed in accordance with the

procedures outlined in this Section as minor subdivi-

sions:

1. The subdivision results in no more than five (5)

lots or interests in land.

2. All lots are adjacent to a dedicated and accepted

public street.

3. All improvements contemplated by Sections

4.02 and 4.03 are already in existence and

available to serve each lot.

4. Each lot will meet requirements of this Chapter.

Notwithstanding the foregoing, a conveyance of

land to the County for public dedication purpos-

es, unless combined with another subdivision,

shall constitute a minor subdivision.

Upon receipt of an application for approval of a

minor subdivision, the Planning Director shall review

the application to determine whether the conditions

of this Section have been met and that the applica-

tion is properly one for a minor subdivision.

Upon a determination by the Planning Director that

the above conditions have been met, the applicant

shall submit two (2) reproducible originals and five

(5) copies of a subdivision plat in accordance with

Section 4.17.03. The applicant shall also submit a

certificate by a registered engineer that all required

improvements are already installed, available and

adequate to serve each lot of the subdivision. The

plat shall be recorded following the Planning Direc-

tor's approval.

4.11 Large Lot Subdivisions

All divisions of land which create parcels of land

each of which comprises thirty-five (35) or more but

less than one hundred sixty (160) acres and none of

which is intended for use by multiple owners shall be

exempt from these subdivision regulations. Howev-

er, by virtue of the authority granted by Title 29,

Article 20, Colorado Revised Statutes, as amended,

the Board of County Commissioners hereby de-

clares that the division or sale of such parcels shall

be accompanied by the filing of a plan with the Las

Animas County Clerk and Recorder containing the

following information:

1. A plan, drawn in ink and to an appropriate scale,

indicating the bearings, distances and curve da-

ta of all perimeter boundary lines and legal de-

scriptions and dimensions of all parcels of land

that have been so divided.

Land Use Regulations Subdivision Regulations — §4.11

4-8

2. For all such parcels not situated adjoining a

County-maintained public street or road, an ac-

cess drive easement not less than thirty (30) feet

in width shall be designated as such and bear-

ings and dimensions given between the parcel

and a public road or street.

3. The information on the plan shall include the

name of the tract if any, the current date and the

township, range and section in which it is locat-

ed.

The Provisions contained within Section 4.03 shall

run with the land and no building permits shall be

issued for such parcels of land unless and until the

parcels are in full conformance with the provisions of

Section 4.05 and any other relevant provisions of

these Regulations. Any person, firm or corporation

violating Section 4.05 of these Regulations shall be

subject to the penalties set forth in the laws of the

State of Colorado and any other legal action provid-

ed by law. Divisions of land creating parcels of land

of one hundred sixty (160) acres or more are, how-

ever, exempt from the provisions of this Section.

4.12 Cluster Subdivisions

4.12.01 Purpose

This section implements the authority granted by

Section 30-28-401, et seq., C.R.S., and amend-

ments to Section 37-92-601, et seq., C.R.S. It is

intended that this Section provide a process for

the development of parcels of land for residential

purposes that will authorize the use of cluster-

ing, water augmentation, density bonuses, not to

exceed two (2) units for each thirty-five-acre in-

crement, or other incentives, and the transfer of

development rights, and fulfill the goals of the

County to preserve open space, protect wildlife

habitat and critical areas, and enhance and

maintain the rural character of lands with conti-

guity to agricultural lands suitable for long-range

farming and ranching operations.

4.12.02 Review Procedure

1. The applicant shall submit a site plan and

subdivision plat containing the information

required by Section 4.10:

2. The application shall be reviewed by the

Planning Commission at a public hearing,

notice of which shall be provided as required

by Section 2.04.

3. The Board of County Commissioners shall

review the application at a public hearing,

notice of which shall be provided as required

by Section 2.04.

4. After the hearing, the Board of County

Commissioners shall act to approve, ap-

prove with conditions or deny the applica-

tion. In the event the application is

approved, with or without conditions, the

cluster subdivision plat, when executed,

shall be filed for record with the County

Clerk and Recorder in the same manner as

a final subdivision plat.

5. No later than ten (10) days after approval of

a cluster subdivision, the Board of County

Commissioners shall notify the state engi-

neer of such approval and shall provide the

state engineer with a copy of the approved

rural land use plan that includes the cluster

subdivision.

4.12.03 Standards for Review of Cluster

Subdivisions

The Planning Commission and Board of County

Commissioners shall be guided by the following

criteria in reviewing cluster subdivision applica-

tions:

1. That the application meets all of the mini-

mum requirements of this Section.

2. That the application fulfills the goals of the

County to preserve open space, protect

wildlife habitat and critical areas, and en-

hance and maintain the rural character of

lands with contiguity to agricultural lands

suitable for long-range farming and ranching

operations.

3. That at least two-thirds (⅔) of the total area

of the tract is reserved for the preservation

of contiguous open space.

4. That the application reduces the extension

of roads and utilities to serve the proposed

development.

5. That the proposed development will not ex-

ceed two (2) residential units for each thirty-

five-acre increment.

Land Use Regulations Subdivision Regulations — §4.12.03

4-9

6. That the application permits landowners to

implement smart growth on land that is oth-

erwise exempt from subdivision regulation.

7. That approval of the application would pre-

serve existing agricultural uses.

8. That approval of the application would pro-

tect existing view sheds of benefit to present

and future residents and visitors to the

County.

9. That a water-court approved plan for aug-

mentation shall be required and shall ac-

company any approved cluster subdivision

when water usage in the development would

exceed an annual withdrawal rate of one (1)

acre-foot for each thirty-five (35) acres within

the development; provided, however, that

this requirement shall not apply in the event

the development will be served by the use of

treated domestic water provided by any pub-

lic or private entity.

4.12.04 Permitted Incentives for Application

and Approval of Cluster Subdivi-

sions

The Planning Commission may recommend,

and the Board of County Commissioners may

consider, the following incentives which may be

spent in connection with approval of the applica-

tion:

1. Density bonuses, not to exceed a total built

density of one (1) unit for each one-hundred-

acre increment.

2. Transfer of development rights, to the extent

permitted by the County in the future.

Within ten (10) days following approval, the

County shall notify the state engineer of the ap-

proval, providing a copy of the approved plan, as

required by Section 30-28-404(3), C.R.S.

4.12.05 Conditions of Approval

The Planning Commission may recommend,

and the Board of County Commissioners may

impose, any or all of the following conditions up-

on the approval of a cluster subdivision:

1. That the cluster subdivision development

plan set aside land to preserve open space,

wildlife habitat or critical areas.

2. That a conservation easement be recorded

with the cluster subdivision plat that restricts

development of any preserved open land,

wildlife habitat or critical areas for not less

than forty (40) years from the date the plan

is approved.

4.13 Subdivision Design Standards and Speci-

fications

The following design standards and specifications

shall apply to all subdivisions to be proposed, re-

viewed, accepted or platted in Las Animas County

following the adoption of these regulations, except

as otherwise provided for within the provisions of

these Regulations.

4.13.01 Subdivision Lots

All lots in any subdivision to be proposed, re-

viewed, accepted or platted in Las Animas

County shall conform to the following specifica-

tions:

1. Lot dimensions and other characteristics

shall conform to the applicable zoning dis-

trict requirements and other appropriate pro-

visions of these Regulations.

2. All lots shall have access to a street or road,

and all streets and roads must be construct-

ed to County standards.

3. Lots with double frontage shall be avoided

except where essential and unavoidable to

provide separation from major arterials, in-

compatible land uses or topographical or

other environmental considerations.

4. Side lot lines shall be substantial at right an-

gles or radial to street right-of-way lines.

5. Wedge-shaped lots or lots fronting on cul-

de-sacs shall not be less than thirty (30) feet

in width at the front property line.

6. No lots shall be divided by County or munic-

ipal boundaries, roads or other lots.

Land Use Regulations Subdivision Regulations — §4.13.01

4-10

7. Delineation of areas for potential building

sites; that is, building envelopes, shall be

required for those lots significantly affected

by any designated or known one-hundred-

year floodplain, major drainage way, area of

excessive slope of twenty (20) percent or

greater or other identifiable natural or man-

made hazards.

8. No building permit shall be issued for con-

struction on building lots with twenty (20)

percent or greater slope where construction

would occur without an applicant submitting

a special engineering study to the County

Building Inspector prior to seeking the build-

ing permit. The study shall show the feasi-

bility of the site to allow for construction of

the intended structures, and it shall also de-

scribe the mitigation measures to be used to

overcome excessive slope problems. Lots

where there are no buildable sites with less

than twenty (20) percent slope shall be so

noted as excessive slope lots on the final

plat.

9. No nonconforming lots shall be created.

4.13.02 Subdivision Blocks

Block lengths and widths shall be acceptable to

the Board of County Commissioners and shall

be appropriate to the types of land use antici-

pated in the subdivision, consistent with the zon-

ing provisions within the districts in which the

subdivision would be located and compatible

with the terrain. The following criteria shall be

used by the Planning Commission and the

Board of County Commissioners for determining

the suitability of block characteristics:

1. Adequacy of block size for the provision of

building sites appropriate to the uses within

the proposed subdivision.

2. Adequacy of block size for convenient ac-

cess, vehicular and pedestrian circulation

and control and safety of street traffic.

3. Relationship of block characteristics to the

limitations and opportunities of topography.

4. Adequacy of block size for the placement of

leaching fields where individual septic dis-

posal systems are proposed.

5. Adequacy of block size for the location of

domestic wells where individual septic dis-

posal systems are used.

6. Block lengths shall not be longer than twelve

hundred (1,200) feet, except where they en-

ter main through-streets, nor be less than

four hundred (400) feet in length, except in

districts zoned agricultural, where the Plan-

ning Commission shall establish the maxi-

mum allowable length of blocks depending

on the characteristics of the proposed sub-

division and the terrain where it would be lo-

cated.

7. When a tract is to be subdivided into larger

parcels than ordinary building lots, such par-

cels shall be so arranged to allow the open-

ing of future rights-of-way and logical further

subdivision of the tract and adjoining lands.

4.13.03 Subdivision Streets and Roads

Streets and roads shall be constructed to the

standards and specifications as set forth herein

and in any other applicable regulations of Las

Animas County or the State of Colorado.

1. The street system shall be devised for the

most advantageous development of the en-

tire area. Principal streets in adjoining sub-

divisions shall be continued and the street

system shall provide for the future projection

of principal streets into subdivided and

unsubdivided adjoining property.

2. Except in the case of minor subdivisions, at

least two (2) means of access to the subdi-

vision shall be provided, so that all lots with-

in the subdivision are provided with

adequate ingress and egress in the event of

an emergency. In the case of large subdivi-

sions, the Planning Commission may, how-

ever, at its discretion, require more than two

(2) entrances and, in other cases, on appli-

cation and the demonstration of good cause,

the Planning Commission may waive the re-

quirement of two (2) means of access.

3. When a subdivision abuts or contains an ex-

isting or proposed major arterial street or

highway, the Planning Commission may re-

quire service roads, reverse frontage lots

Land Use Regulations Subdivision Regulations — §4.13.03

4-11

with screen planting in a reservation strip

abutting the major arterial or other such

treatment as may be necessary to protect

adequately residential properties and sepa-

rate local and through traffic serviced by a

County road. The Planning Commission

shall review the adequacy of the road to

serve the proposed development. If the

Planning Commission determines that the

traffic generated by the subdivision will re-

sult in safety hazards for drivers, pedestri-

ans or adjacent residents, or result in

substantially increased County maintenance

costs, then the Planning Commission shall

report such findings to the Board of County

Commissioners. The Board will then deter-

mine the improvements necessary to bring

the road to acceptable standards for safe

and adequate service for the present and fu-

ture owners. The subdivider and the Board

shall then agree upon a cost-sharing pro-

gram and timetable of activities to bring the

road to an acceptable condition, and such

agreement shall be incorporated into the

subdivision improvements agreement.

4. When a subdivision borders on or contains a

railroad right-of-way or a limited access

highway right-of-way, the Planning Commis-

sion may require construction of a street ap-

proximately parallel to and on each side of

such right-of-way suitable for appropriate

uses of the intervening land.

5. Upon recommendation of the Planning

Commission, the Board of County Commis-

sioners may require the paving of any street

or road which, in the Board's opinion, would

otherwise be hazardous to public health,

safety, welfare or convenience. The cost of

such paving, if it were to be required, shall

be borne by the subdivider or the purchas-

ers of lots within the subdivision, through a

homeowners' association or similar organi-

zation.

6. Streets shall have the names of existing

streets with which they are in alignment in

the County, in adjoining counties or in ad-

joining municipalities. There shall be no du-

plication of streets within the subdivision or

adjoining areas, and names of streets shall

be subject to approval by the Board of

County Commissioners. Subdividers shall

be required to furnish and install street signs

and all traffic control devices required in the

proposed subdivision.

7. Street jogs with less centerline offset than

one hundred twenty-five (125) feet shall be

avoided wherever possible.

8. Cul-de-sacs shall not be longer than one

thousand three hundred twenty (1,320) feet

in length, nor service more than twenty (20)

residential units. Every such street which

serves as the sole frontage of any lot shall

provide a turning space at its closed end at

least one hundred (100) feet in useable di-

ameter between property lines. Such

streets will be allowed only in cases where it

can be demonstrated that the street will be

passable year-round by virtue of minimum

grade and curvature, adequate parking pro-

visions and allowance for snow removal and

storage.

9. Dead-end streets (not including cul-de-sacs)

shall be prohibited unless they are platted to

the boundary of the subdivision and are so

located to provide logical connection to fu-

ture streets in adjoining undeveloped lands.

All dead-end streets shall be provided with a

temporary turnaround right-of-way easement

having a diameter of at least one hundred

(100) feet.

10. There shall be a minimum number of inter-

sections of residential streets with state and

federal highways. No more than two (2)

streets or roads shall intersect at one (1)

point. Streets shall not intersect at an angle

of less than sixty (60) degrees nor more

than one hundred twenty (120) degrees, ex-

cept under unusual circumstances. Inter-

secting streets shall be connected with each

other by a curve of at least twenty-five (25)

feet in radius.

11. Minor streets shall be laid out in fashion that

will discourage through traffic.

12. All horizontal and vertical curves shall be

laid out so that, from a point five (5) feet

above the surface, there shall be clear vision

ahead and behind within the traveled way

for a safe distance.

Land Use Regulations Subdivision Regulations — §4.13.03

4-12

13. It shall be the responsibility of subdividers to

construct, reconstruct or repair all bridges

within a proposed subdivision to meet the

following minimum requirements unless, up-

on application to the Board of County Com-

missioners and the showing that such

standards are unnecessary or would cause

undue hardship, the Board decides at its

discretion to grant a waiver or modification

of these standards.

a. Sufficient strength to accommodate an

AASHO (American Association of State

Highway Officials) H-20 live load carry-

ing capacity. It shall be the responsibil-

ity of the applicant to demonstrate that

this standard shall be met.

b. Adequate pedestrian facilities.

c. Approach grades and curvatures ade-

quate to ensure safe sight distance.

d. Hydraulic capacity to pass the maximum

one-hundred-year probable flood, as de-

termined by the drainage study or other

professionally prepared study.

14. Wherever there exists a dedicated or platted

half street or alley adjacent to the tract to be

subdivided, the other half of the street or al-

ley shall be platted or dedicated. This re-

quirement may be waived at the discretion

of the Planning Commission when the Plan-

ning Commission determines that it is in the

public interest to vacate said adjacent half

street or alleyway.

15. All subdivision streets and roads shall be

designed and constructed in a manner that

will reduce to the greatest extent practical

snow accumulation on such streets and

roads. The Planning Commission may, at

its discretion, require structural means of

mitigating snow accumulation on subdivision

streets and roads when other proposed

means are not shown to be adequate.

16. Street and road grades shall in general con-

form to the terrain and shall not, except as

provided below, be constructed at grades of

less than one (1) percent nor more than the

following percent grades:

County major highway 6%

Major street 8%

Collector street 8%

Local street 10%

Where terrain, site design considerations or

other special circumstances preclude the

construction of roads or streets within the

above grade limitations, an applicant may

petition the Planning Commission in writing

for the amendment of these standards. The

Planning Commission may, at its discretion

and upon the demonstration of sufficient

cause, allow the construction of streets and

roads with a grade that shall not be less

than three-tenths (0.3) percent nor more

than the following:

County major highway 8%

Major street 10%

Collector street 10%

Local street 12%

17. Street and road rights-of-way shall conform

to the following minimum right-of-way

widths, except as provided for below.

Major County road 80 feet

Required frontage road 50 feet

Major street 80 feet

Collector street 60 feet

Local street 50 feet

Cul-de-sac diameter 100 feet

Alleys (where required) 12 feet

Street and road roadway widths, as meas-

ured from shoulder edge to shoulder edge,

shall conform to the following minimums,

except as provided for below:

Major County road 40 feet

Required frontage road 30 feet

Major street 40 feet

Collector street 32 feet

Local street 30 feet

Alleys (where required) 12 feet

Land Use Regulations Subdivision Regulations — §4.13.03

4-13

Surfacing width requirements shall be sup-

plied on request by the Planning Commis-

sion, based on established road construction

practices in Las Animas County and special

use and terrain circumstances, as appropri-

ate. In cases where there exist special ter-

rain considerations, upon application in

writing to the Planning Commission and the

showing of due cause, the Planning Com-

mission may, at its discretion, allow a reduc-

tion of up to forty (40) percent in the required

minimum right-of-way and roadway widths

for frontage roads and residential streets

within subdivisions, so long as such reduc-

tions would not compromise the safety of

such roads for vehicle operators, pedestri-

ans or residents and so long as adequate

maintenance and snow removal operations

could be provided.

18. Subdivision roads, where not paved, shall

be constructed with an eight-inch base and

a two-inch finish of a size and quality of con-

struction material acceptable to the Board of

County Commissioners. The Board may al-

so, at its discretion, establish from time to

time by resolution additional standards and

specifications for the construction of streets

and roads within proposed subdivisions and

elsewhere in the County.

19. When a tract of land proposed for subdivi-

sion includes any part of an existing or

planned state highway, it shall be the re-

sponsibility of the subdivider to cause the

right-of-way for said state highway to be

platted and reserved for purchase by the

State of Colorado.

20. When a tract of land proposed for a subdivi-

sion includes any part of an existing or

planned County road or highway, it shall be

the responsibility of the subdivider to cause

the right-of-way or an alternative access

route acceptable to the Board of County

Commissioners and the public agency man-

aging such public domain lands to be pro-

vided in the design of the proposed

subdivision.

4.13.04 Driveway Design

All driveways adjoining County roads must ob-

tain a driveway permit from the Planning De-

partment and shall be constructed under the

following criteria:

1. All driveways must fall away from the shoul-

der of the County road at a two-percent

slope for the first ten (10) feet or over the

driveway culvert to prevent drainage into the

County road. The driveway may incline or

decline from this point. In no case shall the

driveway slope exceed four (4)percent in the

right-of-way.

2. All driveways shall be a minimum of sixteen

(16) feet wide and a maximum of twenty-two

(22) feet wide in the right-of-way or at the

approach to the road. These dimensions in-

clude flares.

3. All driveways must approach the road at

ninety (90) degrees or perpendicular to the

roads with a sight distance of no less than

three hundred (300) feet in each direction of

the road being accessed.

4. The minimum culvert size to provide drain-

age underneath a driveway shall be eight-

een (18) inches. A minimum of six (6)

inches of cover is required between the top

of the culvert and the driveway surface. If

the driveway crosses a major drainage way,

the County Road and Bridge Department

may require an increase in the size of the

culvert. Both sides of the culvert shall be

armored with riprap or rocks.

4.13.05 Residential Mailboxes

All residential mailboxes in a County road right-

of-way shall conform to the following specifica-

tions:

1. Mailboxes shall be mounted a minimum of

forty six (46) inches above grade.

2. Mailbox posts shall be a minimum of twenty

four (24) inches from the edge of the County

road shoulder.

3. Mailbox posts may be constructed of stone,

brick, large timbers or wood, etc.

Land Use Regulations Subdivision Regulations — §4.13.05

4-14

4. Any dirt work required in association with a

mailbox next to a County road shall be per-

formed by the private land owner or his con-

tractor.

Federal regulations shall override these residen-

tial mailbox provisions if there is a conflict.

4.13.06 Underground Utilities

All utilities, except major power transmission

lines, transformers, switching and terminal box-

es, meter cabinets and other facilities necessari-

ly appurtenant to such utilities, shall be placed

beneath the ground, buried to a depth specified

in the design plan and acceptable to the Plan-

ning Commission, except in cases where, upon

application in writing to the Board of County

Commissioners and the showing of excessive

hardship that would so result, the Board of

County Commissioners may grant an exemption

from this requirement of underground placement

of utilities.

The construction, installation and repair of right-

of-way openings for subsurface utilities require

the issuance of a permit from Las Animas Coun-

ty Road and Bridge Department, the posting of

an appropriate bond and evidence of adequate

insurance.

4.13.07 Utility Easements

Utility easements shall measure twelve (12) feet

on each side of rear lot lines and, on subdivision

perimeter rear lot lines adjacent to unsubdivided

property, utility easements shall measure fifteen

(15) feet in width. Side lot easements, where

necessary, shall measure ten (10) feet in width

on either side of the property line. If the location

of utility easements adjacent to rear property

lines is unsuitable for use by utility companies

due to drainage, irrigation or other obstructions,

a subdivider shall provide like-width easements

adjacent to said areas of obstruction. Utility

easements shall be subject to approval by the

applicable utility companies and, where re-

quired, additional easements shall be required

for main switching stations and substation.

Subdividers shall make the necessary arrange-

ments with each serving utility for the installation

of required utilities.

4.13.08 Drainage, Erosion, Sedimentation

and Flood Control

Subdividers shall be responsible for the design

and construction of all drainage and erosion,

sedimentation and flood control facilities re-

quired to direct and control all permanent and

seasonal water and for providing all necessary

drainage easements. All facilities shall be de-

signed by a registered professional engineer li-

censed to practice in the State of Colorado or

other individual deemed competent by the Board

of County Commissioners and qualified in the

fields of hydrology, hydraulics and soils engi-

neering. Such facilities shall be designed and

constructed in a manner that will protect all

roadways and lots, permit the unimpeded flow of

natural water courses, ensure the adequate

drainage of all low area and avoid stream deg-

radation within and downstream from the pro-

posed subdivision.

1. Drainage systems proposed as part of a

proposed subdivision shall be based on

consideration of the drainage basin as a

whole and shall be capable of accommodat-

ing not only runoff from the proposed subdi-

vision but also, where applicable, the runoff

from areas adjacent to and upstream from

the subdivision itself. Total runoff shall be

calculated using standard engineering tech-

niques, and drainage easements shall be

provided as necessary to accommodate an

expected flow in any twenty-five-year period.

2. Drainage structures shall be designed to

prevent heavy sedimentation within or ero-

sion or overtopping of channels or damage

to structures. Drainage structures shall be

designed in a manner that will not increase

the magnitude, depth or velocity of flow at

the point where channels cross the bounda-

ry line of the proposed subdivision or in-

crease the stream channel energy gradient

within or without the proposed subdivision.

3. All drainage facilities under roadways shall

be designed and constructed to withstand

an American Association of State Highway

Officials (AASHO) recommended H

0 live

loading, except as specifically exempted by

the Planning Commission, and the minimum

Land Use Regulations Subdivision Regulations — §4.13.08

4-15

accepted culvert size shall be eighteen (18)

inches in diameter. Drop structures shall be

installed as needed, as shall storm sewers

with appropriate inlets and manholes.

4. The proposed subdivision shall be designed

so as to cause minimal erosion problems.

To that end, the design and execution of the

proposal shall ensure that the proposed

subdivision be constructed in a manner

which will minimize disturbance of existing

vegetation and soil cover. Adequate provi-

sion shall be made for revegetation, and for

soil stabilization during and after develop-

ment of the site, all cuts and fills shall be de-

signed, engineered and landscaped to

control erosion as well as provide stability

for the entire mass, and natural drainage

patterns shall be preserved and protected

from increased water flows that could alter

such patters or subject existing channels

and adjacent areas to increased erosion.

5. Natural vegetation shall be preserved adja-

cent to streams, rivers, lakes and reservoirs,

and the planting of trees and bushes, where

feasible, is encouraged along open areas.

In addition, all road cuts and fills should be

replanted or reseeded to grasses suited to

the environment. Applicants should consult

with the Las Animas County Soil Conserva-

tion District and any other appropriate agen-

cies, including the Purgatoire River Water

Conservancy District, in the development of

drainage, sedimentation and erosion control

measures.

6. Portions of a proposed subdivision located

within a designated one-hundred-year flood-

plain or special flood hazard area shall be

subject to the design limitations, standards

and regulations contained in the “Flood

Damage Prevention Regulations”, and may

be developed only in accordance with a

Floodplain Development Permit (see Chap-

ter X). If land within a proposed subdivision

is currently not within a designated flood-

plain but is within a flood hazard area as

identified by the Federal Emergency Man-

agement Agency (FEMA) or as identified by

the floodplain studies within

the submission requirements portion of this

Section, an applicant may voluntarily apply

for a Floodplain Development Permit for the

identified flood hazard area. Alternately, the

applicant may request that the requisite

technical information for a floodplain study

and the floodplain study shall be reviewed

by the Colorado Water Conservation Board.

Following this review, the Board of County

Commissioners shall decide whether to des-

ignate the floodplain. Such designation, if

made, shall then require issuance of a

Floodplain Development Permit for devel-

opment in the designation area.

7. The above conditions shall be satisfied be-

fore an applicant may submit a preliminary

plan to the Planning Commission. All pro-

posed development within a designated

one-hundred-year floodplain located within a

proposed subdivision shall comply with the

provisions of Chapter X of these Regulations

and all applicable provisions of the Federal

Emergency Management Agency minimum

standards and regulations for land use and

construction in identified flood hazard areas.

8. Any activities which are planned to take

place in or adjacent to a streambed of a

proposed subdivision may require issuance

of a dredge and fill permit pursuant to Sec-

tion 404 of the Federal Clean Water Act, PL

92-500. If such a permit is required, evi-

dence of its issuance must be provided to

the Board of County Commissioners prior to

approval of a final plat.

9. A fifty-foot strip of land measured horizontal-

ly from the mean identifiable high-water

mark on each side of any running stream or

creek located within the boundaries of a

proposed subdivision shall be protected in

its natural state with the exception that foot-

paths, bridges, irrigation structures, drainage

and erosion control structures, flood control

devices and outdoor recreation fixtures may

be constructed thereon. If such stream is

located along the outer boundaries of a pro-

posed subdivision, this requirement shall

apply to that part of such stream and strip

which is located within the proposed subdi-

vision.

Land Use Regulations Subdivision Regulations — §4.13.08

4-16

10. In cases where the required setback would

cause undue hardship or be inconsistent

with a design plan or prove not in the inter-

est of the public health, safety, welfare and

convenience, and upon written application to

the Planning Commission and demonstra-

tion of sufficient cause, the Planning Com-

mission may, at its discretion, waive or

modify this requirement. The Planning

Commission may also recommend and the

Board of County Commissioners determine

that a setback in excess of fifty (50) feet and

up to one hundred (100) feet is required

along all or a portion of a setback when

steep or highly unstable or erodible slopes

are present along the stream bank or the

proposed use of the land presents a special

hazard to the water quality.

4.13.09 Sanitary Sewage Disposal Systems

No final plat shall be approved by the Board of

County Commissioners unless or until an eco-

nomical and practical method of sanitary sew-

age disposal is available for the lots within that

subdivision. Sewage disposal facilities that are

provided for all lots within a subdivision by a

community or centralized sewage disposal sys-

tem shall be favored where such systems are

practical.

1. All lots in a proposed subdivision which can-

not practically or economically be connected

to a community or centralized sewage dis-

posal system shall be provided with an on-

lot Individual Sewage Disposal System

(ISDS) prior to the occupancy or use of

buildings constructed thereon. Whenever

an ISDS is proposed, the subdivider shall ei-

ther install such facilities or require by deed

restriction or otherwise in a manner satisfac-

tory to the Board of County Commissioners

as a condition of sale of each lot within such

subdivision that the ISDS be installed by the

purchaser of said lot at the time that the

principal building is constructed and before it

be occupied. Such ISDS shall comply with

the sewage disposal system requirements

adopted by the County and with all applica-

ble State of Colorado statutes governing the

construction of such systems.

In addition, applicants shall comply with all

other regulations regarding the design and

construction of sewage disposal systems,

including the following provisions:

a. Lands made, altered or filled with non-

earth materials within the last ten (10)

years shall not be divided into building

sites to be served by soil absorption

sewage disposal systems.

b Each lot to be served by an ISDS shall

have fifty (50) percent of its minimum

required lot area or twenty thousand

(20,000) square feet, whichever is less,

in slopes of less than fifteen (15) per-

cent.

c. Any subdivision lot to be served by an

ISDS shall have a minimum distance of

eight (8) feet from the surface of the

ground to the ground water surface,

based on the annual high water level.

d. Any ISDS must be at least one hundred

(100) feet from any water supply well

and at least fifty (50) feet from any

stream or water course.

e. Soils having a percolation rate faster

than five (5) minutes per inch or slower

than sixty (60) minutes per inch shall not

be divided into building sites to be

served by an ISDS.

f. Land rated as savings severe limitations

for septic tank absorption fields by the

U.S. Soil Conservation Service shall not

be divided into lots to be used as build-

ing sites unless the applicant can

demonstrate that such sites can be ad-

equately serviced by an ISDS of a type

and design approved by a local or state

health department.

g. Applicants desiring to install an ISDS on

soils alleged to have severe limitations

for such use shall have an opportunity to

present to the Planning Commission ev-

idence contesting such classification

and analysis. Applicants wishing to do

so should present to the Planning

Commission the evidence of additional

on-site tests, including percolation tests,

Land Use Regulations Subdivision Regulations — §4.13.09

4-17

the certification of a soil scientist that

specific areas lying within the land in

question are suitable for an ISDS and

any other appropriate evidence that the

existing on-site limitations can be safely

mitigated. After hearing the matter, the

Planning Commission may, at its discre-

tion, deem the land in question suitable

for an ISDS.

2. Public sewage collection, treatment and dis-

posal facilities will normally be required in

subdivisions with a net density greater than

one (1) dwelling unit per acre of residential

land and may be required by the Board of

County Commissioners in other subdivisions

where percolation or other tests reveal soil

or other conditions unsuitable for individual

sewage disposal systems.

3. Where County, municipal or special district

plans indicate that the construction or exten-

sion of sewage collection lines may serve a

proposed subdivision within a reasonable

period of time, the Board of County Com-

missioners may require the installation of

capped sanitary sewer mains and house

connections in addition to the installation of

temporary individual sewage disposal sys-

tems. It shall be the responsibility of Las

Animas County for the design approval and

supervision of the installation of all capped

sewers, laterals and house connections or, if

there be a water and sanitation or a sanita-

tion district, that responsibility shall be as-

sumed by the district if it is willing to do so.

4.13.10 Water Service

No final plat shall be approved by the Board of

County Commissioners, unless or until a practi-

cal and reliable water supply system is available

for the lots within that subdivision. Water ser-

vice that is provided to every lot or parcel by a

community or collective water supply and distri-

bution system shall be favored where such sys-

tems are practical. Water supplies shall be

treated, as necessary, by methods acceptable to

the Colorado Department of Public Health and

Environment. Any proposed water supply sys-

tem for a proposed subdivision shall meet the

following conditions and requirements:

1. Sufficient quantity, quality, dependability and

pressure to provide an appropriate supply of

water for the type of subdivision proposed,

as determined by the review of an appli-

cant's water supply plan and/or other docu-

ments submitted to the office of the state

engineer.

In the case of centralized treatment and

supply systems, fire supply needs shall be

satisfactory to the firefighting agency within

which jurisdiction the proposed subdivision

would be located.

2. All lots in a proposed subdivision which can-

not practically be provided with a community

or centralized water treatment and distribu-

tion system shall be provided with individual

on-lot water supply systems. The subdivider

shall install such systems or shall require by

deed restriction or otherwise in a manner

satisfactory to the Board of County Commis-

sioners, as a condition of sale of each lot

within the proposed subdivision, that such

on-site water supply systems shall be in-

stalled by the purchaser of the lot at the time

of the construction of the principal building

and before it is occupied.

3. Prior to approving a final plat for a proposed

subdivision to be supplied with on-site water

supply systems and as a condition for ap-

proval of that plat, the Board of County

Commissioners reserves the right to deter-

mine that:

a. Underground aquifers are adequate to

supply the projected future needs of the

development.

b. Well permits are available from the Col-

orado Division of Water Resources.

c. Well usage would not interfere with

vested water rights.

4. Centralized water treatment and distribution

systems shall be sized hydraulically to meet

the initial and future demands of the pro-

posed subdivision and oversizing of lines

may be required for likely extensions. Such

systems shall be sized hydraulically for max-

imum day plus fire demands or peak

Land Use Regulations Subdivision Regulations — §4.13.10

4-18

hour, whichever is greater. Maximum day

demand shall be assumed to be equal to

three (3) times average day demand, and

maximum hour demand shall be assumed to

be six (6) times average hour demand un-

less other specifications are specifically ap-

proved by the Planning Commission upon

written application and the demonstration of

good cause. In addition, new centralized

water systems shall be designed with suffi-

cient treatment and storage capacity to

serve the specified maximum hour demand

for a period of six (6) hours or maximum day

demand plus hours or a maximum day de-

mand plus the required fire demand for the

specified duration. In addition, proposed

centralized water supply systems shall be

required to meet such other design and con-

struction characteristics as the Board of

County Commissioners may from time to

time establish and as have been established

by any water and sanitation district or water

district in which the proposed subdivision

would be located.

5. Fire hydrants shall be required, at the dis-

cretion of the Board of County Commission-

ers, in all subdivisions serviced by a

centralized water treatment and distribution

system. Hydrants shall be spaced not more

than one thousand (1,000) feet apart and

provided with adequate pressure, flow and

duration, as determined by prevailing un-

derwriter standards, for firefighting purpos-

es.

6. Applicants proposing subdivisions which

would utilize existing centralized water

treatment and distribution systems shall pro-

vide, prior to approval of a preliminary plat,

evidence in writing of the willingness of the

owner of said system to provide potable wa-

ter in a quantity, quality and pressure, on an

uninterrupted basis, adequate to serve the

present and future needs of the proposed

subdivision.

7. Regardless of the source of the water supply

for a proposed subdivision, applicants shall

be required to provide evidence from a repu-

table laboratory that the water available to

the proposed subdivision meets all applica-

ble state and federal drinking water stand-

ards or that it can and will be subject to

established water treatment methods that

will allow it to meet such standards.

4.13.11 Fire Safety and Protection

At the discretion of the Board of County Com-

missioners and upon a recommendation from

the Planning Commission, proposed subdivi-

sions may be required to include fire lanes

where the forested portion of a proposed subdi-

vision joins or parallels national forest bounda-

ries. Such lanes shall be of sufficient width to

allow the passage of tractors, trucks and other

heavy firefighting equipment, and the lanes to be

cleared shall be indicated on the preliminary

plan. In cases where fire lanes are required,

provision shall be made for them in the subdivi-

sion improvements agreement, including provi-

sion that all slash materials, vegetative residue,

fallen trees, limbs, roots and related material

shall be removed from the subdivision or cut for

firewood and stacked at appropriate sites. The

width and other characteristics of required fire

lanes shall be established for each proposed

subdivision by the Board of County Commis-

sioners in consultation with the Planning Com-

mission, the appropriate fire suppression

agencies and the U.S. Forest Service.

Where fire hydrants are not required in a pro-

posed subdivision, the Board of County Com-

missioners may, at its discretion and upon

recommendation by the Planning Commission,

require that a subdivider install cisterns, which

shall be of solid construction, strategically

placed and with a minimum capacity of five hun-

dred (500) gallons per dwelling unit to be pro-

tected. The location of such cisterns as may be

required shall be shown on the preliminary plan

and provision for them shall be made in the sub-

division improvements agreement.

Access to the cisterns and central water storage

shall be guaranteed to Las Animas County and

to the appropriate fire suppression agencies for

firefighting and other emergency proposes.

All proposed subdivisions shall be in compliance

with the adopted fire code.

Land Use Regulations Subdivision Regulations — §4.13.12

4-19

4.13.12 Survey Monuments

Permanent survey monuments shall be set with-

in all subdivisions pursuant to Title 38, Article

53, Colorado Revised Statutes, as amended. In

addition, No. 5 steel rebars, twenty-four (24)

inches or longer, shall be set at all lot corners

prior to selling or advertising for sale such lots.

All monuments, markers and benchmarks shall

have fixed securely to the top thereof the regis-

tration number of the land surveyor responsible

for the establishment of such monument, marker

or benchmark. Benchmarks shall be stamped

with the letters "B.M." and the elevation of the

benchmark.

Monuments located within streets shall be of

No. 5 rebar steel, thirty-six (36) inches or longer,

placed so that their tops are six (6) inches below

the final street surface. When a street is paved

or otherwise surfaced, all such monuments with-

in the paved or surfaced area shall be fitted with

monument boxes of sturdy construction, and

monuments set after paving or surfacing shall

also be provided with sturdy monument boxes.

All monuments, markers and benchmarks shall

be set or witnessed according to standard con-

struction techniques and in a fashion that is sat-

isfactory to the Board of County Commissioners.

4.13.13 Other Public Improvements

Other reasonable improvements, not specifically

mentioned herein but found appropriate and

necessary by the Board of County Commission-

ers, shall be required to be shown on the final

plat and shall be constructed at the applicant's

expense, or at an expense to be shared by the

applicant and Las Animas County, within such

reasonable time and to such reasonable specifi-

cations as the Board of County Commissioners

deems necessary and appropriate.

4.13.14 Energy Conservation and Solar Ac-

cess

Subdivision design, including the street configu-

ration and the layout of lots, shall be undertaken

in a manner calculated to provide for the con-

servation of energy by the future residents of the

proposed subdivision and allow for the maxi-

mum access to solar energy sources by those

residents.

4.13.15 General Subdivision Design Stand-

ards and Specifications

In addition to the design standards and specifi-

cations listed above, all proposed subdivisions

shall be designed to implement the goals, objec-

tives, policies and other provisions of Chapter II

of these Regulations and shall be so located and

laid out as to protect the public health, safety,

welfare and convenience of the residents of the

proposed subdivision and to preserve and en-

hance the natural terrain, vegetation, soils, natu-

ral drainages, land forms and other positive

characteristics of the site.

4.14 Wildlife Habitat Analysis

Where development of a subdivision may potentially

create adverse wildlife impacts, in the reasonable

determination of the Planning Director, the applica-

tion procedure shall be as follows:

1. An application for development will include the

applicant's analysis of the effect a proposed de-

velopment will have on wildlife and wildlife habi-

tat, if any, realizing that landowners and other

local laypersons may be qualified as experts in

their knowledge of wildlife activities on specific

properties.

2. The applicant shall be provided with wildlife

information, including maps and other data, as-

sembled by the Planning Department for use in

completing the application procedures.

3. The Planning Department shall provide the

applicant with a checklist or other standards to

be used by the Board of County Commissioners

in its review of the proposal. Further, the Plan-

ning Department shall develop and make avail-

able to the applicant alternative measures for

mitigating wildlife impact.

4. The Planning Commission shall submit an appli-

cant's exhibit to the Colorado Division of Wildlife

for review and comment prior to consideration of

the preliminary plan by the County Planning

Commission.

Land Use Regulations Subdivision Regulations — §4.14

4-20

Wildlife habitat means:

1. Buffer Zone. Some species of wildlife are

intolerant to disturbance from human activities

during portions of the year. In order to protect

these species, buffer zones with no, or limited,

human-related disturbances are necessary dur-

ing those seasons when these species occupy

specific areas.

2. Concentration Areas. Areas where high densi-

ty of wildlife species at certain times of the year

makes them highly susceptible to developments

and activities of man. Examples of concentra-

tion areas include staging areas for waterfowl

and deer, roosting areas for a number of birds

and colonies of such colonial species as swal-

lows and beaver.

3. Movement Corridors. Many species of wildlife

have daily and seasonal movement patterns

along more or less established corridors. These

may be between nesting, resting, roosting, feed-

ing and watering areas. Concentrations of ani-

mals increase the likelihood of conflict between

wildlife and humans. Many of these corridors of-

fer the only means for wildlife movements, or

their uses become so traditional that disruption

of interference could be disastrous for the spe-

cies involved.

4. Principal Feeding Areas. These include areas

containing the natural foods for a wildlife species

of sufficient quantity and quality and readily

available to sustain a normal population.

5. Production Areas. These include areas nec-

essary for prenuptial activities, breeding, young-

rearing and rearing; i.e.; spawning beds, nursery

streams and protected shoal areas for fish; per-

manent shallow water for amphibians; strutting,

booming and dancing grounds for calling perch-

es, nesting places; and protective young-rearing

cover for birds breeding grounds, calving and

fawning areas, den trees, burrows and young-

rearing cover for animals.

6. Shelter Areas. Those physical or natural fea-

tures in their habitats which provide escapement

from their enemies and adverse weather condi-

tions. Included therein are such things as rough

terrain for many species of wildlife; and rocky

bottoms and shorelines and aquatic vegetation

in and adjacent to water for protection of fish,

amphibians and aquatic-oriented species of ter-

restrial wildlife.

7. Shoreline Vegetation. Vegetation along

stream banks and the shorelines of lakes is ex-

tremely important to aquatic-related forms of ter-

restrial wildlife. Such vegetation controls water

temperatures, provides food and shelter and

protects banks from excessive erosion which

can damage or destroy wildlife habitats.

8. Special Habitat Needs. Some wildlife species

have very specific needs without which they

cannot survive. Therefore, reduction of such

needs beyond certain limits, or a complete de-

struction of these habitat features, could cause a

species to be reduced in number or perish. For

example, sagebrush is essential to the survival

of sage grouse.

9. Summer Ranges. Summer ranges relatively

free of human disturbance are highly important

to the survival of some species, especially those

requiring extended periods of time for rearing

the young.

10. Water and Minerals. A permanent water sup-

ply in sufficient quantity and quality is necessary

to support most wildlife species. In addition,

some species have special mineral needs. Con-

tinuous stream flows and conservation pools in

reservoirs are essential to the survival of fish.

Stable water levels in lakes and reservoirs are

highly desirable for fish, amphibians and many

birds, as well as to the food organisms upon

which they depend.

11. Winter Ranges. Winter ranges of sufficient

quality and quantity are critical for(2) two rea-

sons: (1) they are frequently so restricted in ar-

ea that they limit the size of an animal

population over its entire range; and (2) these

ranges are often in proximity to human popula-

tions and human activities so that the species

involved are adversely affected, or the species

may adversely affect real and personal property.

Land Use Regulations Subdivision Regulations — §4.14.01

4-21

4.14.01 Procedure for High and Very High

Impact Areas

If a development's potential impact has been de-

termined by the Colorado Division of Wildlife to

be high or very high, the following information

must accompany the application for develop-

ment.

1. Maps prepared at an easily readable scale,

showing:

a. The location of the proposed develop-

ment site, to include a certified boundary

survey.

b. The relationship of the site to surround-

ing topographic and cultural features.

c. The nature and density of the proposed

development or land use change.

d. Proposed building locations and ar-

rangements.

e. A legend which includes:

1) A complete and accurate legal de-

scription as prescribed by the devel-

opment application form. The

description shall include the total

acreage of the parcel;

2) Title, scale and north arrows;

3) Date, including revision dates, if ap-

plicable; and

4) Certificates, by a professional biolo-

gist as appropriate.

– Existing structures and land-

scape features, including the

name and location of all water

courses, ponds and other bodies

of water.

– Such additional information as

may be required by the Board of

County Commissioners, in order

to determine if the intent and

purpose of Las Animas County

has been fulfilled.

2. A report which contains:

a. A description of the nature, density and

intensity of the proposed development in

sufficient detail to allow analysis of such

land use change upon identified wildlife

habitat.

b. The applicant's analysis of the effect of

the proposed development, activity or

land use change upon those wildlife

species identified by the Division of

Wildlife of the Department of Natural

Resources, within the identified wildlife

habitat, utilizing the Potential Land

Use/Wildlife Habitat Conflicts Checklist.

c. A plan by the applicant which shall ex-

plain how he will mitigate any adverse

impacts to wildlife habitats created by

the proposed development.

d. An evaluation to the Division of Wildlife

or qualified expert regarding the appli-

cant's analysis and the effectiveness of

any proposed mitigating measures or

programs, to include any recommenda-

tions as appropriate.

4.14.02 Standards

Mitigating measures must be targeted to the

specific wildlife impact brought about by a par-

ticular development. For example, destruction

of deer winter range by development cannot be

mitigated by constructing brush piles for rabbits;

however, this impact might possibly be mitigated

by placing the development in clusters near the

periphery of the deer winter range - being care-

ful not to isolate such habitat from the deer by

encircling it with buildings. Similar techniques

might be advisable to keep an elk or deer migra-

tion route open. Development impact on small

habitat may be mitigated by constructing brush

piles, leaving standing snags, planting shrubs,

and other such measures in order to enhance

the remaining habitat. Another mitigating meas-

ure that may be advisable in many cases would

be to prohibit dogs in a new development.

4.15 Amendments to Approved and Recorded

Plats

The resubdivision of land substantial changes to a

recorded plat shall be subject to the subdivision and

Land Use Regulations Subdivision Regulations — §4.15

4-22

other applicable provisions of these Regulations.

Minor changes to an approved and recorded plat

shall not be considered a subdivision of land within

the intent and definitions of these Regulations so

long as the minor changes are not undertaken for

the purposes of circumventing these subdivision

regulations and so long as the minor changes do not

include modifications which significantly alter the

intended land uses, density, number of lots, circula-

tion system or dedicated land, or encompass more

than twenty-five (25) percent of the land included

within an overall site within an approved and record-

ed subdivision. Specifically included within the

scope of minor changes are the following actions:

the adjustment and revision of lot lines, the replatting

of lots, the reconfiguration of dedicated streets and

easements and reserved sites along with similar

minor changes to an approved and recorded plat, so

long as the minor changes create no nonconforming

lots nor significantly alter street and road location,

drainage easements or violate the subdivision de-

sign standards contained herein.

4.15.01 Procedures for Amendment

Applicants wishing to amend an approved rec-

orded plat shall submit to the Planning Commis-

sion an application on a form supplied by the

County, the appropriate submittal materials and

the required filing fees (see Chapter XII). An

application to amend an approved and recorded

plat shall be reviewed by the Planning Commis-

sion following the submission of the required

materials. The Planning Commission shall

make a recommendation on the application for

the amendment of an approved and recorded

plat and transmit the application to the Board of

County Commissioners for a decision. The

Board of County Commissioners shall consider

the application following, at its discretion, the

submission of the application to any appropriate

review agencies and interested parties, and the

decision of the Board shall be recorded in the

minutes of the meeting and transmitted in writing

to the applicant. Applications that are denied by

the Board of County Commissioners shall result

in a statement to the applicant giving the reason

for the denial.

4.15.02 Submission Requirements

Submission requirements for an application to

amend an approved and recorded plat include a

completed application, the appropriate filing fees

and the following items:

1. Proof of ownership of the lots, parcels or

subdivision plat to be amended and evi-

dence that the applicant, if not the owner,

has full legal authority to act on behalf of the

owner.

2. A copy of the approved and recorded final

plat, along with drawings done to the same

scale as the recorded final plat, indicating

the amendments proposed to be made to

the approved and recorded plat. The draw-

ings submitted with the recorded final plat

shall meet all requirements for the prepara-

tion of a final plat and be suitable for record-

ing in the office of the County Clerk and

Recorder. The drawings shall also show the

location of all structures, streets, rights-of-

way and easements within the area of the

proposed plat amendment, along with the

boundary dimensions and angle of bearing

of each lot line to be amended.

3. A narrative statement describing the pro-

posed changes to the approved and record-

ed final plat and providing an explanation of

why the proposed changes should be ap-

proved by the Planning Commission and the

Board of County Commissioners. Included

with the narrative statement shall be the

acreage or square footage of all lots before

and after adjustment, a legal description of

each lot before and after adjustment and a

statement of the current zoning of all por-

tions of the plat to be amended.

4. Applications for amendment of an approved

and recorded plat submitted to correct minor

surveying or drafting errors shall be accom-

panied by an affidavit by a Colorado li-

censed land survey attesting to the

approved and recorded final plat.

The Planning Commission may, at its discretion

and upon written request by an applicant, waive

any but not all of these submission items listed

above and the Planning Commission may also,

at its discretion, add such submission items as it

deems necessary and appropriate to evaluate

and recommend upon any application for a plat

amendment submitted to it. The Planning

Commission may also submit the application for

review to such referral agencies and interested

parties as it reasonably sees fit.

Land Use Regulations Subdivision Regulations — §4.15.03

4-23

4.15.03 Criteria for Action on a Plat

Amendment Application

All actions by the Planning Commission in re-

viewing and making recommendations on an

application to amend an approved and recorded

plat and by the Board of County Commissioners

in approving or disapproving such applications

shall be based in general upon the provisions of

these Regulations and specifically on the follow-

ing criteria:

1. That the proposed amendment meets the

qualification stated herein for a minor

change to an approved and recorded plat.

2. That the proposed amendment would be

consistent with all other provisions of these

Regulations and would not cause significant

hardship or inconvenience for adjacent or

neighboring land owners or tenants.

3. That the proposed amendment would not be

likely to prove detrimental to the public

health, safety or welfare of County residents.

4.15.04 Recording of Amended Plats

All amended plats shall be filed and recorded in

the office of the Las Animas County Clerk and

Recorder at the applicant's expense.

4.16 Vacating of Approved and Recorded Plats,

Rights-of-Way or Easements

Applicants may apply for the vacating of any plat,

right-of-way, easement or portion thereof so long as

the plat, right-of-way, easement or portion thereof

has been filed and recorded in the office of the Las

Animas County Clerk and Recorder.

4.16.01 Procedure for Vacating Plats,

Rights-of-Way and Easements

Applications to vacate approved and recorded

plats, rights-of-way, easements or portions

thereof shall be accompanied by an application

form provided by Las Animas County, by the

appropriate submittal materials and the neces-

sary filing fees (see Chapter XII). Copies of the

vacating submittal materials shall be submitted

to the school district and any other special pur-

pose districts in which the proposed vacating is

located along with all utility companies and mu-

nicipalities potentially affected by the proposed

vacating. Additional referral agencies may be

contacted by the Planning Commission, at its

discretion. The application shall be considered

by the Planning Commission and Board of

County Commissioners at public hearings, noti-

fied as provided in Section 2.04. The Planning

Commission shall recommend and the Board of

County Commissioners shall approve, approve

with conditions or deny the application.

Applications for vacating may be initiated by:

1. The Board of County Commissioners.

2. The Las Animas County Planning Commis-

sion.

3. The owner of record or duly authorized

agent of any owner of record of any ap-

proved and recorded plat right-of-way or

easement.

4.16.02 Submittal Requirements

Submission requirements for an application to

vacate an approved and recorded plat, right-of-

way or easement shall include a complete appli-

cation, the appropriate filing fees and the follow-

ing items:

1. Proof of ownership of the property to be va-

cated and evidence that the applicant, if not

the owner, has full legal authority to act on

behalf of the owner.

2. A copy of the approved and recorded plat,

right-of-way or easement and a vacating

plat. Said plat shall be prepared as a final

plat and shall be prepared by and have the

seal of a registered land surveyor, duly reg-

istered to practice in the State of Colorado.

3. A narrative statement describing the pro-

posed vacating action and providing an ex-

planation of why the proposed vacating

should be approved by the Planning Com-

mission and the Board of County Commis-

sioners. Included within the narrative should

be a legal description of the land to be va-

cated and the area, in acreage or square

feet, of the land in question.

The Planning Commission may, at its discretion

and upon written request by an applicant, waive

any but not all of the submission requirements

Land Use Regulations Subdivision Regulations — §4.16.02

4-24

listed above and the Planning Commission may

also, at its discretion, add such submission

items as it deems necessary and appropriate to

evaluate and recommend upon any application

for the vacating of a plat, right-of-way or ease-

ment.

4.16.03 Criteria for Action on a Vacation

Application

All actions by the Planning Commission in re-

viewing and making recommendations on an

application to vacate an approved and recorded

plat, right-of-way or easement and by the Board

of County Commissioners in approving or disap-

proving such applications shall be based in gen-

eral upon the provisions of these Regulations

and specifically upon the following criteria:

1. That the proposed vacating would not inter-

fere with development of or deny access via

a public thoroughfare to existing structures

within the recorded plat, adjoining proper-

ties, utility structures, facilities or sites locat-

ed beyond the plat, right-of-way or

easement to be vacated.

2. That the proposed vacating would not cause

undue hardship or inconvenience for any

utility company, special district, neighboring

landowner or tenant.

3. That the proposed vacating would not be

likely to prove detrimental to the public

health, safety or welfare of County residents.

4. That the proposed vacating would be con-

sistent with all other provisions of these

Regulations.

5. That the proposed vacating would not cause

undue financial hardship to Las Animas

County nor deprive it of needed tax base.

4.16.04 Vacating of Roads, Streets and

Highways

Any provisions contained within these Regula-

tions notwithstanding, the procedures of vacat-

ing roads, streets and highways shall conform to

the provisions contained in Section 43-2-301, et

seq., Colorado Revised Statutes, 1973, as

amended.

4.17 Submittal Requirements for Proposed

Subdivisions

Applications for approval of a subdivision shall in-

clude, in addition to a complete application on a form

provided by Las Animas County and the appropriate

filing fees, the following items. The Planning Com-

mission may, at its discretion and upon written appli-

cation by an applicant, waive any of these items not

required by the laws of the State of Colorado, and

the Planning Commission may also, at its discretion,

add such submission items as it deems necessary

and appropriate to evaluate and recommend upon

any application for approval of a subdivision.

4.17.01 Sketch Plan/Preliminary Submis-

sion

Applicants should note that some subdivision

proposals may be exempted from the sketch

plan submittal requirements. In addition, upon

written request by an applicant and at the discre-

tion of the Planning Commission, proposed sub-

divisions that are not to be phased in various

stages and which do not require a PUD permit,

may simultaneously submit a sketch plan and a

preliminary plan at the general submission stage

of the review process. All other applications for

approval of a subdivision shall comply with the

sketch plan/initial submission requirements con-

tained herein.

The sketch plan and associated documents are

submitted as a conceptual proposal that pro-

vides an overview of a proposed subdivision and

allows generalized discussion of the apparent

merits and perceived problems of a particular

subdivision configuration. Sketch plans shall be

prepared by appropriately qualified persons,

such as a landscape architect, engineer or

draftsperson, in a clear and legible manner ac-

ceptable to the Planning Director and at a scale

of one (1) inch to one hundred (100) or two hun-

dred (200) feet or another scale approved by the

Planning Director. In the case of large proposed

subdivisions requiring more than one (1) sheet

at such scale, a total area plan showing the total

area at an appropriate scale shall also be sub-

mitted.

Sketch plans shall remain valid for one (1) year

after initially presented to the Planning Commis-

sion or until another sketch plan for the site is

Land Use Regulations Subdivision Regulations — §4.17.01

4-25

presented, whichever occurs first. Any sketch

plan submitted to replace a sketch plan previ-

ously submitted to the Planning Commission

shall require a new application and filing fee if it

is a significantly revised sketch plan in the opin-

ion of the Planning Commission.

A sketch plan shall include the following infor-

mation:

1. The names, addresses and telephone num-

bers of the property owners and of the appli-

cants, if other than the owners, and the

names of the persons preparing the submit-

tal.

2. The name of the proposal.

3. The date of preparation of the sketch plan, a

north arrow and a written and a graphic

scale.

4. An accurate legal description of the property

included within the proposal and all adjacent

land owned or under option by the applicant.

5. Enumeration of the approximate acreage of

the proposed subdivision.

6. A vicinity map showing the proposed subdi-

vision in relationship to the surrounding area

with the names of adjacent subdivisions and

property owners along with the current land

uses and zoning districts within one (1) mile

of the boundaries of the proposed subdivi-

sion.

7. The current zoning on the site and any zon-

ing changes to be requested.

8. Any unique historical, archaeological, scenic

or other noteworthy features on or in close

proximity to the site.

9. A delineation of existing easements of the

site, their uses and the easement owners.

10. The existing and any proposed new means

of public access to the proposed subdivi-

sion.

11. A graphic description of all the natural and

man-made watercourses, retention areas,

streams and lakes, including any known,

identified or designated one-hundred-year

floodplains and other natural hazards, if any.

12. Evidence of all existing structures on the

site, their current uses and their future status

within the proposed subdivision.

13. The topography of the site at an appropriate

contour interval, noting all areas with slope

in excess of twenty (20) percent.

14. The average lot size, proposed density and

all public and private sources of utility facili-

ties and services.

15. The location of all existing and proposed

streets, drives and roads and the names of

existing streets within the site.

16. The approximate location of land to be re-

served and land to be dedicated to the

County.

17. A lot and street layout, indicating general

scaled dimensions of lots and blocks.

18. The location of off-street parking areas, are-

as for landscaping, the location of any com-

mercial, service, industrial, recreational or

community facilities or buildings and the fu-

ture land uses within the various portions of

the proposed subdivision.

19. Documentation concerning the suitability of

the types of soil for the uses proposed within

the site, and in areas with a known or sus-

pected potential radiation hazard, this haz-

ard shall be evaluated. Soils suitability data

should be complied in accordance with the

National Cooperative Soil Survey and be

accompanied by a table of interpretation for

the soil types shown on the soil map.

20. A description of the proposed systems for

the supply of portable water and the dispos-

al of sewage, along with adequate evidence

that a water supply system capable of de-

pendably delivering an adequate quality and

quantity of water for the proposed subdivi-

sion will be provided.

21. Evidence of any drainage, retention or wa-

tercourse diversion structures proposed for

the site.

The sketch plan shall be accompanied by a brief

narrative description of the proposal. Include all

submission information appropriately presented

in narrative form, describing briefly the scope

Land Use Regulations Subdivision Regulations — §4.17.01

4-26

and concept of the proposed subdivision and its

anticipated impact on adjoining land uses, on

water quality and supply in the area and on the

circulation system in the area. The narrative

shall also describe whether and to what extent

the proposed subdivision is consistent with and

fosters the intent of Chapter II of these Regula-

tions and particularly the goals, objectives, poli-

cies and the future land use plan contained

therein.

Included on the sketch plan and in the narrative

should be information on the phasing, if any, that

will be used in the development of the proposed

subdivision.

In preparing material for sketch plan submission,

applicants are urged to confer with staff from the

Soil Conservation Service, the Division of Wild-

life, utility companies, special districts and other

local, regional and state agencies, as appropri-

ate.

4.17.02 Preliminary Plan/General Submis-

sion

The preliminary plan which may be submitted

upon approval of the sketch plan shall incorpo-

rate all modifications of and changes to the

sketch plan agreed to by the applicant, the

Planning Commission and the Board of County

Commissioners. The purpose of a preliminary

plan is to review the proposed subdivision in the

context of the technical requirements, design

standards and improvement requirements of Las

Animas County and the various other terms and

provisions of these Regulations to ensure the

compatibility of the proposed subdivision with

these considerations and with the current and

anticipated or desired future land use patterns

within and in the vicinity of the proposed subdi-

vision. Detailed review of a preliminary plan at

the general submission stage provides further

evidence of compliance or lack of compliance of

the proposed subdivision with the Master Plan

and other provisions of these Regulations, along

with the policies and plans of other public and

quasi-public agencies in Las Animas County.

Preliminary plans shall be prepared by appropri-

ately qualified persons in a clear and legible

manner on reproducible stock in a manner ac-

ceptable to the Planning Commission and at a

scale of one (1) inch to one hundred (100) or

two hundred (200) feet or another scale ap-

proved by the Planning Director. In the case of

large proposed subdivisions requiring more than

one (1) sheet at such scale, a reproducible

composite measuring not more than twenty-four

(24) inches by thirty-six (36) inches and showing

the total area at an appropriate scale shall also

be submitted.

Preliminary plans approved by the Board of

County Commissioners shall remain valid for

one (1) year following the date of their approval

unless an extension of up to one (1) additional

year is granted by the Board of County Commis-

sioners upon submission of a written request for

such extension by the applicant prior to the expi-

ration of the initial preliminary plan. Any prelimi-

nary plan submitted for a proposed subdivision

for which a previous preliminary plan approval

has expired shall be considered a new prelimi-

nary plan and shall require a new application

and filing fee.

A preliminary plan shall require the following in-

formation:

1. The names and addresses of the property

owners and of the applicants, if other than

the owners, and the persons preparing the

preliminary plan submittal materials.

2. In the case of a corporate property owner or

corporate applicant, evidence of registration

or incorporation in the State of Colorado.

3. A copy of a certificate from a title insurance

company or an attorney licensed to practice

law in the State of Colorado setting forth the

names of all owners of property included

within the proposed subdivision and a list of

all mortgages, judgments, liens, easements,

contracts and agreements of record which

shall affect the property within the proposed

subdivision.

4. The name or identifying title of the proposed

subdivision.

5. The date of preparation of the preliminary

plan, a north arrow and a written and graph-

ic scale.

6. An accurate legal description of the property

included within the proposed subdivision

and the total acreage of the proposed subdi-

vision.

Land Use Regulations Subdivision Regulations — §4.17.02

4-27

7. The location of the proposed subdivision as

a part of a larger subdivision, if any, and with

reference to permanent survey monuments

with a tie to a section or a quarter-section

corner.

8. A location map showing the relationship of

the proposed subdivision to the characteris-

tics of the surrounding area, along with the

names of adjacent subdivisions and the cur-

rent land uses and zoning districts within

one (1) mile of the boundaries of the pro-

posed subdivision.

9. A list from the County Assessor's office of

current property owners of record and their

complete mailing address for property within

five hundred (500) feet of the boundaries of

the proposed subdivision. This distance

provision may be expanded up to two thou-

sand five hundred (2,500) feet at the discre-

tion of the Planning Commission in the case

of large subdivisions and other special cir-

cumstances that so warrant.

10. A list of the owners of subsurface mineral in-

terests and their lessees, if any, on the pro-

posed site and their complete mailing

addresses.

11. Site data in chart form presenting the total

number of proposed residential lots, the net

size of the average (mean) lot, minimum lot

size, maximum lot size, the types of land

use proposed and the area of land proposed

for each such land use.

12. The proposed sites, if any, for multifamily

residential use, business use, commercial

and industrial areas and other public and

non-public uses exclusive of single-family

residential areas within the proposed subdi-

vision.

13. The total number of projected square feet of

nonresidential floor space to be included

within the proposed subdivision.

14. The current zoning districts on the site and

any zoning changes to be requested.

15. The location and principal dimensions of all

existing and proposed streets, alleys, roads,

easements, off-street parking areas, water-

courses, streams, ponds and other signifi-

cant features of the natural and man-made

landscape within and adjacent to the pro-

posed subdivision. Such features should be

labeled by their proper names, when such

names exist or are known, and the use of all

should be clearly shown.

16. The location and current and proposed fu-

ture uses of all buildings and other struc-

tures in and within one hundred (100) feet of

the boundaries of the proposed subdivision.

17. A lot and street layout with lots and blocks

numbered consecutively, with the dimen-

sions of all lots to the nearest foot and the

acreage in each lot displayed.

18. The location of any existing or proposed

sewers, water mains, culverts, storm drains,

sidewalks, gutters, fire hydrants and the siz-

es and types thereof, along with the width

and depth of pavement or sub-grading to be

provided, the depth of burial of all under-

ground lines, pipes and tubing and typical

cross-sections of the proposed grading of

roadways and sidewalks.

19. The preliminary design for any bridges, cul-

verts or other drainage structures to be con-

structed.

20. The topography of the proposed subdivision

at two-foot contour intervals for predominant

ground slopes up to five (5) percent grade

and five-foot contours for predominant

ground slopes within the site that are over

five (5) percent grade. Upon request of and

at the discretion of the Planning Director, al-

ternate contour intervals can be used for all

or part of a site where special slope or other

conditions prevail. Elevations shall be Na-

tional Geodetic Survey sea level data.

21. The delineation of any known, identified or

designated one-hundred-year floodplains

and localized areas subject to periodic flood-

ing. Mitigation measures, if any, proposed

to overcome the consequences of periodic

inundation shall also be included in the

submission. The distance between the

mean identifiable high water mark of any

creeks, streams or rivers and the nearest

proposed development within the site shall

also be shown.

Land Use Regulations Subdivision Regulations — §4.17.02

4-28

22. The delineation of the geological character-

istics of the area with evidence regarding the

extent and intensity of any geological, radio-

logical, seismic or other related hazards

within or in close proximity to the proposed

subdivision to overcome such geological,

radiological, seismic or other hazards shall

also be included in the submission.

23. Soil suitability and interpretation information,

as required in Section 4.17.01.19, and a nar-

rative description of the mitigating

measures, if any, proposed to overcome

soils limitations present on the site of the

proposed subdivision.

24. Preliminary drainage, erosion and sedimen-

tation control plans, as required.

25. Delineation of the type and extent of vegeta-

tive cover on the site.

26. All areas to be reserved for community or

public uses and all areas to be dedicated to

Las Animas County, along with any other

areas to be used for open space and a

statement describing how such reserved,

dedicated and open space lands shall be

maintained.

27. Preliminary copies of the protective cove-

nants to be filed with the final plat.

28. Evidence that the proposed system for the

disposal of sewage will comply with State of

Colorado and Las Animas County statutes,

regulations and design requirements and

that the proposed method is both technically

feasible and environmentally sound. The

peak capacity of the sewage treatment sys-

tem shall be provided if a centralized collec-

tion and treatment system is proposed.

29. Evidence that the proposed system for the

supply of potable water would be sufficient

in terms of quantity, quality, dependability

and pressure to provide adequate water

supply to the proposed subdivision. The

peak capacity of the proposed water supply

system shall be provided if a centralized dis-

tribution system is proposed.

Evidence that a proposed system for the

supply of water is adequate shall include but

need not be limited to the following items:

a. Evidence of ownership or right of acqui-

sition of or use of existing and/or pro-

posed water rights.

b. Historic use and estimated yield of

claimed water rights.

c. Probability of existing rights to a change

in use.

d. Evidence that public or private water

users can and will supply water to the

proposed subdivision and a statement of

the amount of water available for use

within the subdivision and the feasibility

of extending service to the site.

e. Evidence demonstrating that the

potability and overall quality of the pro-

posed supply will meet or exceed State

of Colorado and federal water quality

standards for drinking water. Where the

water supply is to be provided through

individual on-lot wells, the cumulative ef-

fect of such proposed use on vested wa-

ter rights shall be discussed.

f. Where water supply or sewage collec-

tion and treatment is to be provided by

an already existing centralized system,

a letter of preliminary commitment from

the owners of that system or their duly

authorized agents, stating that there ex-

ists or will exist sufficient system capaci-

ty to supply the needs of the proposed

subdivision and that the owners of the

system are willing and able to provide

the proposed water supply or sewage

collection and treatment services.

g. A preliminary development schedule for

required and proposed improvements,

including the estimated construction

cost and the proposed methods of fi-

nancing.

h. A discussion of any special districts that

would be created wholly or partly within

the proposed subdivision, listing the

proposed boundaries of the service dis-

trict and what services it would provide.

Land Use Regulations Subdivision Regulations — §4.17.02

4-29

i. A preliminary phasing plan when the

proposed subdivision would be devel-

oped in more than one phase.

j. Other such information and submittal

items as the Planning Commission or

the Board of County Commissioners

may reasonably request to review and

act upon the preliminary plan.

4.17.03 Final Plat/Final Submission

Submission and review of a final plat is the last

stage in the subdivision review process. The

purpose of this review is to ensure that the de-

tailed plans of development are in keeping with

previous approvals granted, to incorporate

changes decided upon or mandated at the pre-

liminary plan general submission review stage

and to provide the final technical and legal doc-

uments that are a condition for approval and re-

cording of a final plat and associated materials.

The design of a final plat shall conform to the

preliminary plan, with appropriate modifications

and amendments. Applicants wishing to phase

final platting rather than provide a final plat for

an entire development may do so in accordance

with an approved preliminary phasing plan sub-

mitted under the general submission stage of

review and resubmitted and approved, with ap-

propriate modifications, as a final phasing plan.

Final plats shall be prepared by appropriately

qualified persons in a clear and legible manner

in black ink on Mylar and in a manner accepta-

ble to the Planning Commission. Final plats

shall be prepared at the same scale as prelimi-

nary plans unless the Planning Commission, at

its discretion, deems otherwise. Final plats ex-

hibiting outer dimensions of twenty-four (24)

inches by thirty-six (36) inches and showing the

total area at an appropriate scale shall also be

submitted.

Final plats submitted for a portion of a proposed

development in accordance with an approved fi-

nal phasing plan shall include a map at an ap-

propriate scale showing which portions of the

total development are being submitted for final

platting and the relationship of the portions so

submitted to the remainder of the proposed de-

velopment.

Final plats shall be submitted to the Planning

Commission for action within eighteen (18)

months after the date that a preliminary plan for

the same proposed development was granted

approval by the Board of County Commission-

ers, except that one (1) extension of up to an

additional eighteen (18) months may be granted

by the Board of County Commissioners upon the

submission of a written request for such exten-

sion by the applicant prior to the expiration of the

initial eighteen-month period. Failure to submit

an acceptable final plat within this allowable time

period or extension period, if granted, shall re-

quire that an applicant resubmit a preliminary

plan with the appropriate filing fees and associ-

ated materials.

The final plat shall contain the following infor-

mation:

1. The names and addresses of the owners of

record of the land being platted and the

same information for the applicants, if other

than the owners, along with the name, ad-

dress and seal of the certifying registered

land surveyor and other preparers of the fi-

nal plat.

2. A copy of a certificate from a title insurance

company or an attorney licensed to practice

law in the State of Colorado attesting to the

accuracy and validity of the title to the prop-

erty being platted and stating that the appli-

cant is the land owner or is duly authorized

by the land owner to plat such land.

The certificate or certification shall also list

all mortgages, liens, judgments, easements,

contracts and agreements of record regard-

ing the land to be platted, and the Board of

County Commissioners may require, at its

discretion, that the holders of such mortgag-

es, liens, judgments, easements, contracts

or agreements shall be required to join in

and approve the application for final plat ap-

proval before such final plat is accepted for

review.

3. The name or identifying title of the proposed

subdivision.

4. The date of reparation of the final plat, a

north arrow and a written and graphic scale.

Land Use Regulations Subdivision Regulations — §4.17.03

4-30

5. A complete and accurate legal description of

the property being platted and the total

acreage and number of lots being platted.

6. The township, range, section and quarter

section showing the location and full de-

scription of all monuments as required by

Section 4.13.12 of these Regulations and by

Title 38, Article 53, Colorado Revised Stat-

utes, as amended.

7. A lot and street layout with all lots and

blocks numbered consecutively, the dimen-

sions of all lots, the acreage of each lot

shown to two (2) decimal places and all

street and road names.

8. All plat boundary lines with the lengths of

courses to hundredths of a foot and bearing

to the nearest second.

9. The lengths of all arcs, radii and tangents.

10. The names and widths of all existing or rec-

orded streets and roads intersecting the plat

boundaries or paralleling them within two

hundred (200) feet, the names and map

numbers of all bordering subdivisions and

any municipal limits within two hundred

(200) of the boundaries of the plat.

11. The boundary lines and dimensions, shown

accurately, of all easements, alleyways,

sidewalks and similar features, including all

other rights-of-way not otherwise or explicitly

mentioned.

12. The purpose and owners of all easements

and statements from all utility companies, as

applicable, that the stated services will be

provided to the proposed development after

platting.

13. The boundary lines and dimensions, shown

accurately, of all property to be reserved and

dedicated, with the means of access to such

property clearly shown and its intended uses

noted.

14. A legally acceptable statement by the appli-

cant dedicating streets, rights-of-way, public

sites and other such features; the transfer of

County-dedicated land taking place by a le-

gally acceptable instrument prior to or con-

current with final plat acceptance, but before

recording.

15. Identification of lots with slope in excess of

twenty (20) percent and any other lots where

special studies are required prior to obtain-

ing a building permit.

16. Delineation of all known, identified or desig-

nated one-hundred-year floodplains and lo-

calized areas subject to periodic inundation,

along with required stream setback lines, if

any.

17. Final drainage, erosion and sedimentation

control plans along with a grading plan and

a revegetation plan. The grading plan shall

be indicated by solid line contours superim-

posed on dashed line contours of the exist-

ing topography of the area to be platted.

Provision for the contour intervals of the

grading plan shall be as specified in Section

4.17.02.20. The final drainage, erosion,

sedimentation and revegetation plans shall

be required at the discretion of the Planning

Commission, which shall set whatever rea-

sonable standards for such plans as the

conditions of the site require.

18. Certification of approval blocks for the Plan-

ning Commission and Board of County

Commissioners.

19. The final plat submission shall be accompa-

nied by a subdivision improvements agree-

ment, as provided for in Section 4.03 of

these Regulations and by copies of the deed

restrictions and/or covenants to govern the

future use of all lots and common land with

regard to water and sewer systems,

resubdivision and any other changes which

could significantly alter the proposed subdi-

vision as reviewed and approved by the

Board of County Commissioners. Deed re-

strictions shall be in conformance with or

more restrictive than the zoning regulations,

subdivision regulations and other provisions

of these Regulations and must be approved

by the Board of County Commissioners prior

to or concurrent with the granting of approv-

al of a final plat.

20. In cases where a Section 404 dredge and fill

permit from the U.S. Army Corps of Engi-

neers is required pursuant to Public Law 92-

500, evidence of an approved permit shall

be submitted as a condition for final plat ap-

proval.

Land Use Regulations Subdivision Regulations — 4.17.03

4-31

22. When a street, road or other thoroughfare to

be constructed as a part of the proposed

subdivision or to provide public access to

the proposed subdivision intersects with a

State of Colorado or U.S. Highway, a copy

of the Colorado Department of Transporta-

tion authorizing permit or other such legal

instrument as the Colorado Department of

Transportation shall issue must be submit-

ted as a condition for final plat approval.

23. The final plat submittal shall also be accom-

panied by a summary description of the pro-

posal stating:

a. Total area to be platted, the total num-

ber of proposed dwelling units, the

number of single-family units and the

number of multi-family units, and the

size of the largest lot, the smallest lot

and the average (mean) size lot.

b. The total number of square feet of non-

residential floor space.

c. The total number of off-street parking

spaces, excluding those provided for

single-family residential use.

d. The estimated peak capacity of the pro-

posed water supply system, if a central-

ized distribution system is proposed.

e. The estimated peak capacity of the

sewage treatment system, if a central-

ized collection and treatment system is

proposed.

f. The estimated construction cost and in-

tended methods of financing of all public

improvements and facilities, by category

of improvement or facility. For im-

provements not completed prior to final

plat approval, the cost estimates provid-

ed herein shall be identical to those in-

cluded in the subdivision improvements

agreement.

g. The names of the applicants and the

name or identifying title of the proposed

subdivision.

24. A list of the owners of subsurface mineral in-

terests and their lessees, if any, and their

complete mailing addresses.

25. Other plat notes and submittal items as the

Planning Commission or the Board of Coun-

ty Commissioners may reasonably request

in order to review and act upon the final plat.

4.17.04 Plan and Plat Acceptance Provi-

sions

Sketch plans, preliminary plans and final plats

which are not in compliance with the design

standards, submittal requirements or other tech-

nical provisions of this Chapter IV shall not be

acted upon by the Planning Commission or by

the Board of County Commissioners.

No plat or replat of land laid out in a subdivision

or lots shall be accepted an approved subdivi-

sion by the County Clerk and Recorder of Las

Animas County unless and until such plat or

replat shall bear thereon, by endorsement or

otherwise, the approval of the Board of County

Commissioners.

5-i

CHAPTER V

PLANNED UNIT DEVELOPMENT (PUD) REGULATIONS

5.01 Planned Unit Development (PUD) Regulation ............................................................................................... 5-1

5.02 Objectives of PUD Development ................................................................................................................... 5-1

5.03 General Provisions ........................................................................................................................................ 5-1

5.03.01 Title ............................................................................................................................................. 5-1

5.03.02 Repeal ......................................................................................................................................... 5-1

5.03.03 PUD Application .......................................................................................................................... 5-1

5.03.04 Relationship of These Regulations to the Subdivision Regulations ............................................. 5-1

5.03.05 Relationship of These Regulations to the Zoning Regulations .................................................... 5-1

5.03.06 Building Permits .......................................................................................................................... 5-2

5.03.07 Master Plan Compliance ............................................................................................................. 5-2

5.03.08 Permitted Uses Within a PUD ..................................................................................................... 5-2

5.03.09 Sales Restriction ......................................................................................................................... 5-2

5.03.10 PUD Revocation for Nonperformance or Other Cause................................................................ 5-2

5.03.11 Amendments to an Approved PUD ............................................................................................. 5-3

5.04 PUD Design Standards and Specifications .................................................................................................... 5-3

5.04.01 General Design Standards and Specifications ............................................................................ 5-3

5.04.02 Density Requirements ................................................................................................................. 5-3

5.05 Maintenance of Public Open Spaces and Common Areas ............................................................................ 5-4

5.06 Submittal Requirements ................................................................................................................................. 5-5

5.06.01 Non-Subdivision PUDs/Development Plan .................................................................................. 5-5

5.06.02 PUD Subdivisions/Sketch Plan Requirements ............................................................................ 5-6

5.06.03 PUD Subdivisions/Preliminary Plan Requirements ..................................................................... 5-7

5.06.04 PUD Subdivisions/Final Plat Requirements ................................................................................ 5-7

5.06.05 Development in a PUD and PUD Modifications .......................................................................... 5-8

Land Use Regulations PUD Regulations — §5.01

5-1

CHAPTER V

PLANNED UNIT DEVELOPMENT (PUD)

REGULATIONS

5.01 Planned Unit Development (PUD) Regula-

tion

The authority, purpose and legal standing of this

planned unit development resolution is included

within Chapter I of these Regulations and reference

is hereby explicitly made to the authorizing authority

for such resolutions contained in Section 24-67-101,

et seq., Colorado Revised Statutes, 1973, as

amended.

5.02 Objectives of PUD Development

These PUD regulations are intended to allow flexibil-

ity in development in a manner varying from the

constraints upon innovative design and creative land

use that might otherwise be imposed by zoning and

subdivision regulations when narrowly construed.

These PUD regulations are provided in order to

promote the unified and integrated development and

use of land at its highest feasible economic value

while protecting the natural physical environment of

Las Animas County and fostering development that

groups various land uses in appropriate relationship

to each other, to commonly shared open-space and

to common facilities.

5.03 General Provisions

5.03.01 Title

The title of this planned unit development resolu-

tion shall be the Las Animas County, Colorado

Planned Unit Development Regulations and may

be so cited and pleaded. Hereinafter in these

Regulations, it shall be referred to as the

planned unit development regulations or the

PUD regulations.

5.03.02 Repeal

Adoption of this regulation shall not modify or

otherwise compromise planned unit develop-

ments approved by the Board of County Com-

missioners prior to the adoption of this

regulation. Such prior planned unit develop-

ments shall be considered to be in conformity

and compliance with the provisions of these

regulations. Planned unit developments created

by issuance of the PUD permit before the adop-

tion of these Regulations shall be considered to

have met the provisions and requirements of this

Chapter as PUD zoning districts.

5.03.03 PUD Application

Applications wishing to create a PUD shall be

required to make application for a rezoning,

which rezoning shall be required in addition to

subdivision and/or any other permits and ap-

provals required herein before a planned unit

development may be constructed. A PUD appli-

cation shall be on an appropriate form provided

by Las Animas County, payment of the required

filing fees and submittal of the required infor-

mation.

5.03.04 Relationship of These Regulations

to the Subdivision Regulations

In the case of a proposed subdivision to be de-

veloped as a PUD, the provisions contained

herein are in addition to those contained within

the subdivision regulations and shall be con-

strued in conformity therewith. Where any regu-

lations or other provisions contained within this

PUD regulation overlap with or are incompatible

or inconsistent with any regulation or provision

of the subdivision regulations, the Planning

Commission shall, at its discretion, determine

which standard, requirement or other provision

shall apply to an applicant. In making such de-

cisions, the Planning Commission shall take into

consideration the current and proposed uses of

the land, the size, location and characteristics of

the proposed PUD subdivision and all other rel-

evant provisions of these Regulations.

5.03.05 Relationship of These Regulations

to the Zoning Regulations

Planned unit developments are permitted in any

zoning district within Las Animas County.

Planned unit developments may include all uses

allowed by right and any special uses allowed by

the zoning regulations in the districts in which

the PUD would be located. Approval of a PUD

application by the Board of County Commis-

sioners and the granting of a PUD shall be con-

sidered de facto approval of the proposed

Land Use Regulations PUD Regulations — §5.03.05

5-2

special uses, and the applicant shall not be re-

quired to apply for or receive a special use per-

mit for a special use, as specified in Section

2.15, when such proposed special uses are con-

tained within a PUD proposal.

5.03.06 Building Permits

No building or other structure shall be erected

nor shall a building permit be issued within a

planned unit development or proposed planned

unit development before a PUD rezoning, subdi-

vision and/or any other additional permits and

approvals have been granted by Las Animas

County, except, however, that temporary uses

as provided for in Section 3.06 shall be allowed

if they meet the requirements and provisions

contained therein.

5.03.07 Master Plan Compliance

All planned unit development application materi-

als, site design characteristics and other PUD

characteristics shall be in compliance with the

goals, objectives, policies and other provisions

of the Las Animas County Master Plan.

5.03.08 Permitted Uses Within a PUD

Any use that is not specifically prohibited within

the zoning districts in which a PUD is to be lo-

cated (see Section 3.03 on permitted, condition-

al and prohibited uses within zoning districts)

may be an allowed use within a PUD. As long

as these uses are not specifically prohibited in a

zoning district that underlies a proposed PUD,

they may include, but need not be limited to:

1. Single- and multi-family residences.

2. Sale and rental of commercial goods or ser-

vices.

3. Recreational facilities and open space.

4. Offices.

5. Convention and meeting facilities.

6. Lodging facilities of all types.

7. Eating and drinking facilities.

8. Schools, churches and other institutional

uses.

9. Additional commercial and industrial uses.

5.03.09 Sales Restriction

No developer, subdivider, applicant or other per-

son shall transfer, or sell, any lot, tract, parcel or

other piece of property which is within a pro-

posed PUD until such PUD has been granted

the required rezoning, subdivision and/or any

other required permits and approvals by Las

Animas County.

5.03.10 PUD Revocation for Nonperfor-

mance or Other Cause

When proposed new construction or a new use

of the land was the basis for the approval of a

PUD, the Board of County Commissioners shall

declare such PUD approval to be revoked and

invalid if a building permit has not been applied

for and granted for a substantial part of said new

construction within one (1) year of the date the

PUD was approved or, if final platting is re-

quired, one (1) year from the date that a final

plat of the area encompassed within the PUD

was approved by the Board of County Commis-

sioners.

Said building permits shall not be issued by the

County Building Inspector unless and until he

finds that said new construction or new use is

substantially in accord with the descriptive mate-

rial, drawings and other materials submitted by

the PUD applicant to and approved by the Board

of County Commissioners.

Following a recommendation by the Planning

Commission, the Board of County Commission-

ers may not grant more than one (1) extension

of up to one (1) year duration before the re-

quired revocation of a PUD permit rezoning for

nonperformance. Application for such extension

must be made in writing to the Board of County

Commissioners prior to the expiration of the ini-

tial one-year time period.

Failure to conform to a development plan sub-

mitted as part of a PUD permit application shall

also be considered adequate reason for revoca-

tion of a PUD approval, but such revocation

Land Use Regulations PUD Regulations — §5.03.10

5-3

shall not occur except upon recommendation by

the Planning Commission and following a hear-

ing before the Board of County Commissioners.

5.03.11 Amendments to an Approved PUD

Any change in the size, type, location or uses or

other significant characteristics of an approved

PUD shall be considered a proposed amend-

ment to the previously approved PUD. Pro-

posed amendments shall require review and

recommendation by the Planning Commission,

review at public hearing and the granting of ap-

proval by the Board of County Commissioners

before such changes may be authorized and

implemented.

The conditions of any waiver or modification au-

thorized by the Board of County Commissioners

shall be stated in writing in the minutes of the

Board, along with the justification for the grant-

ing or denial of such waiver or modification.

5.04 PUD Design Standards and Specifications

5.04.01 General Design Standards and

Specifications

Planned unit developments shall be designed in

such manner that wherever possible they protect

and enhance the environmental assets of the

site and the surrounding area. Such assets

shall include but need not be limited to vegeta-

tion, wildlife, watercourses, scenic vistas, promi-

nent physical landmarks and features of

agricultural production.

The design and layout of a PUD shall include

adequate, safe and convenient arrangements for

pedestrian circulation, roadways, driveways, ac-

cess for the purpose of egress and ingress, off-

street parking and load space and related fea-

tures. Setbacks and lot widths and other such

dimensions shall be as required in the zoning

regulations (see Chapter III of these Regula-

tions) unless provided for otherwise by the ap-

plicant in the PUD design and with the approval

of the Planning Commission and the Board of

County Commissioners.

The PUD design shall bear a carefully thought-

out relationship to the surrounding area in order

to avoid adverse affects to the proposed devel-

opment caused by natural or man-made effects.

The minimum land area of a PUD shall not be

less than ten (10) acres, and a minimum land

area of five (5) acres shall be required for any

single construction phase of a PUD. These min-

imum size requirements shall be calculated on

the total land area of the proposed PUD, includ-

ing all rights of ways and easements.

Visual screening and buffers of an appropriate

height and construction shall be provided to

separate incompatible uses and to block from

view unattractive features of the man-made and

natural environment.

The right-of-way, roadway width and other de-

sign features of the circulation system shall be

as specified in the subdivision regulations (see

Chapter IV), except as allowed for otherwise in

the design of the PUD and with the approval of

the Planning Commission and the Board of

County Commissioners.

Parking and off-street loading spaces shall be

provided in connection with every residential,

commercial, recreational, industrial and other

use within a PUD concurrent with the completion

of said PUD element.

The underground placement of utilities and the

requirements and specifications regarding the

supply of potable water and the disposal of sew-

age shall be as specified in the subdivision regu-

lations (see Chapter IV), except as otherwise

allowed for in the design of the PUD and ap-

proved by the Planning Commission and the

Board of County Commissioners.

5.04.02 Density Requirements

1. Common Open Space

A minimum of twenty (20) percent of the ar-

ea within a PUD shall be devoted to useable

public open space, which shall be defined as

open areas designed and developed for use

by the residents of the proposed develop-

ment or by other persons for uses including

but not limited to recreation, parks, gardens,

bodies of water, greenbelts and walkways.

The terms shall not include private institu-

tional uses nor space devoted to streets,

roads, loading areas or land dedicated to the

County or other public or quasi-public enti-

ties for schools, fire or police facilities or

Land Use Regulations PUD Regulations — §5.04.02

5-4

other related institutional needs. Land re-

quired to be dedicated under Section 4.02 of

these Regulations for parks, open space,

scenic easements and water and erosion

control facilities may be used to satisfy this

useable public open space requirement so

long as such lands are so designed and de-

veloped that they provide adequate access

and adequate opportunity for open space

use.

2. Residential Density

The overall net residential density in a PUD

shall be the density allowable in the zoning

districts in which the PUD is to be located,

plus an additional twenty-percent density

bonus for the establishment of a PUD.

Residential density within a PUD shall be

calculated by dividing the number of pro-

posed residential units into the land area of

the PUD excluding: (1) all property to be

used for nonresidential uses; (2) all land to

be used for streets, right-of-way, parking

and loading facilities; and (3) open space

areas associated with nonresidential uses.

3. Density of Other Uses

The overall average net density of that por-

tion of the PUD devoted to uses other than

residential shall not be less than a land-to-

floor area ratio of two to one (2:1). The

land-to-floor area ration shall be calculated

by dividing the proposed floor area of all

nonresidential uses into the land area of the

PUD excluding: (1) all property to be used

for residential purposes; (2) land to be used

for streets and rights-of-way; and (3) parking

and open space areas associated with resi-

dential uses.

4. Parking and Loading Requirements

The parking and loading space requirements

for a PUD shall be the same as those re-

quired for various uses under the zoning

regulation (see Section 7.01) contained in

these Regulations, except where the Plan-

ning Commission, at its discretion and upon

written request by an applicant, has author-

ized other standards and requirements.

5.05 Maintenance of Public Open Spaces and

Common Areas

Public open spaces and common areas, including

those spaces used or to be used as public or private

recreation sites, shall be protected by adequate

covenants running with the land, or by conveyances

or dedications or other appropriate legal instruments

acceptable in form and content to the Board of

County Commissioners. Approval of such legal

instruments, granted in writing by the Board of

County Commissioners, shall be a prior condition to

issuance of a PUD.

The applicant for a PUD shall provide for and shall

establish or provide for the establishment of an

organization for the ownership and maintenance of

the common open space and the construction of

improvements, if any, thereon for the benefit of the

residents, occupants and owners of the PUD. Such

organization shall not be dissolved and shall not

dispose of the common open space by sale or oth-

erwise, except to an organization conceived and

established to own and maintain the common open

space for the benefit of the PUD; and thereafter,

such organization shall not be dissolved or dispose

of the common open space without first offering to

dedicate the common open space to Las Animas

County.

In the event that the organization established to own

and maintain common open space, or any succes-

sor organization, shall at any time after establish-

ment of the PUD fail to maintain the common open

space or any portion thereof, in reasonable order

and condition or fail to establish or maintain said

common open space in accordance with the PUD

plan or other application materials, the Board of

County Commissioners may serve written notice

upon such organization or upon the residents or

owners of the PUD. Such written notice shall set

forth the manner in which the organization has failed

to maintain the common open space in reasonable

condition or failed to comply with the PUD plan or

other application materials. Said notice shall include

a demand that the deficiencies of maintenance or

improvements be remedied within sixty (60) days

thereof and shall state the date and place of a hear-

ing thereon, which shall be held within fifteen (15)

days of the notice. At such hearing, the Board of

County Commissioners may, at its discretion, modify

the terms of the original notice as to the deficiencies

Land Use Regulations PUD Regulations — §5.05

5-5

previously described and may grant an extension of

time up to an additional one hundred twenty (120)

days within which time the deficiencies shall be

corrected.

If the deficiencies set forth in the original notice or in

the modification thereto are not corrected within the

original sixty-day time period or any extensions

granted thereto, the Board of County Commission-

ers or its duly appointed agents, in order to preserve

the taxable value of the properties contained within

the PUD, and to prevent the common open space

from becoming a public nuisance, may enter upon

said common open space and maintain it for a peri-

od of up to one (1) year or take such measures as

are necessary to bring it into compliance with the

PUD plan and other submittal materials. Said entry,

improvement or maintenance shall not vest in the

public any right to use the common open space

except when the commercial open space has been

voluntarily dedicated to the public by the owners of

the PUD or their duly established association or by

the original applicant.

Before the expiration of the one-year period, the

Board of County Commissioners shall, upon its own

initiative or upon the written request of the organiza-

tion responsible for the maintenance of the common

open space, call a public hearing upon fifteen (15)

days' written notice to such organization or to the

residents, occupants and owners of the PUD. At

this hearing, to be held by the Board of County

Commissioners, such organization or the residents

and/or owners of the PUD shall show cause why

such maintenance by Las Animas County shall not,

at the discretion of the County, continue for a suc-

ceeding year. If the Board of County Commission-

ers determines that such organization or a

successor organization is ready and able to maintain

the common open space in reasonable condition,

the Board of County Commissioners shall cease to

maintain said open space at the end of said year. If

the Board of County Commissioners determines that

such organization or its successors is not ready and

able to maintain said common open space in rea-

sonable condition, the Board of County Commis-

sioners may, at its discretion, continue to maintain

said common open space during the next succeed-

ing year and, subject to a similar hearing and deter-

mination, in each year thereafter.

The cost of such maintenance or improvements by

Las Animas County shall be assessed ratably

against the properties within the PUD that have a

right of enjoyment of the common open space, and

shall become a tax lien on said properties. The

Board of County Commissioners, at the time of

entering upon said common open space for the

purpose of maintenance or improvements, shall file

a notice of such lien in the office of the County Clerk

and Recorder upon the properties affected by such

lien within the PUD, and the lien shall be discharged

by the County upon payment, as with other liens.

5.06 Submittal Requirements

Application for a PUD shall include, in addition to a

complete application on a form provided by Las

Animas County and the appropriate filing fees, the

following items. The Planning Commission may, at

its discretion and upon written application by an

applicant, waive any but not all of these items and

the Planning Commission may also, at its discretion,

add such submission items as it deems necessary

and appropriate to evaluate and recommend ap-

proval of a PUD permit.

5.06.01 Non-Subdivision

PUDs/Development Plan

The following submittal requirements shall be

required of applicants proposing developments

with multi-family dwellings when no subdivision

of the site into individual lots or parcels will take

place and when the proposed development is

exempt from the provisions of Chapter IV, the

subdivision regulations or has already complied

with the final plat provisions of the subdivision

regulations.

A development plan for a non-subdivision PUD

shall include the following information:

1. The information enumerated in Items 1

through 6, inclusive, of the preliminary

plan/general submission requirements of the

subdivision regulations (see Section 4.17.02

for a listing of these items).

2. The zoning, present land uses and location

of structures, including all improvements, lo-

cated within one (1) mile of the proposed

PUD.

3. The proposed residential density, expressed

in dwelling units per net acre, within the

PUD and the density, expressed as the ratio

of floor area to land area, of all nonresiden-

tial development within the proposed PUD.

Land Use Regulations PUD Regulations — §5.06.01

5-6

4. The location, width, surfacing and other rel-

evant features of all existing and proposed

streets, roads, easements and other rights-

of-way, including streets and roads to be

used for access to and from the proposed

PUD.

5. The location, dimensions and size of all pro-

posed off-street parking and loading facili-

ties.

6. A description of the location and characteris-

tics of all land to be dedicated or reserved

for parks, parkways, recreation areas and

common open space with evidence that the

land to be set aside for common open space

meets or exceeds the common open space

provisions contained within this regulation.

7. Copies of all agreements, provisions, cove-

nants and related legal instruments that

would be used to govern the use, mainte-

nance, improvement and continued protec-

tion of all public lands within the PUD,

including but not necessarily limited to

common open space.

8. A grading plan, drainage plan and landscap-

ing plan, showing existing and proposed

grading, drainage and landscaping and con-

forming to the requirements for such plans

contained within Chapter IV, the subdivision

regulations.

9. The location, height and dimensions of each

proposed structure within the PUD, with

building footprint sites on plan, drawn to

scale and dimensionalized.

10. Description of how the structures within the

proposed PUD would be provided with pota-

ble water supply and sewage collection and

treatment in a manner meeting the stand-

ards and requirements for water supply and

sewage disposal contained within Chapter

IV of these Regulations.

11. Description of any additional public im-

provements to be included within the pro-

posed PUD, along with adequate provision

for the dedication of any or all public right-of-

way.

12. A detailed analysis of the soil types on the

site, their characteristics and their develop-

ment limitations, if any.

13. Drawings to scale of all signs that would be

erected within the development.

14. A statement by the landowners whose prop-

erty is included within the proposed devel-

opment, giving written consent for the

development and the names and addresses

of all adjoining landowners.

Applicants for a permit for a non-subdivision

PUD shall be required to provide suitable collat-

eral to ensure the completion of the construction

of the proposed public improvements. The pro-

cedures and other provisions governing the col-

lection and management of this collateral shall

be as specified in Section 4.03.

All maps provided to meet these development

plan submittal requirements shall conform to the

preliminary plan/general submission require-

ments for maps contained in Section 4.17.02.

Dimensionalized site plans shall be filed with the

Office of County Clerk and Recorder within five

(5) working days of their approval by the Board

of County Commissioners. All dimensionalized

site plans and other map materials submitted by

an applicant shall contain signature approval

blocks for the Planning Commission and the

Board of County Commissioners. Any proposed

changes from a previously approved site plan

shall be resubmitted to the Planning Commis-

sion for review and recommendation and to the

Board of County Commissioners for final action

prior to the start of construction.

Compliance with the provisions contained herein

does not exempt an applicant from compliance

with the provisions of Title 38, Article 53 of the

Colorado Revised Statutes, 1973, as amended.

5.06.02 PUD Subdivisions/Sketch Plan Re-

quirements

In addition to the submittal requirements for

subdivision sketch plans listed in Section

4.17.01, the following additional information shall

be submitted at the sketch plan/initial submis-

sion stage for PUD's that also require subdivi-

sion:

Land Use Regulations PUD Regulations — §5.06.02

5-7

1. Proposed land uses within the PUD, includ-

ing the locations, size and densities of areas

to be devoted to specific uses.

2. Areas which would be conveyed, dedicated

or reserved as common open space and as

sites for public facilities and services.

3. The internal traffic circulation system, off-

street parking and loading areas and points

of access to public rights-of-way.

4. The proportion of land to be left in a natural

or semi-natural condition as common open

space within the various parts of the PUD.

5. Proposed building heights, size and location.

6. A vicinity map and descriptive material

showing the relationship of the proposed

PUD to the land to be subdivided if the

boundaries of the PUD and the proposed

subdivision are not coterminous, and an ex-

planation of the phasing, if any, of the over-

all PUD design.

7. Any additional information deemed pertinent

by the Planning Commission or by the appli-

cant to aid in evaluating the proposed PUD.

8. A statement by the landowners whose prop-

erty is included within the proposed devel-

opment giving written consent for the

development and the names and addresses

of adjoining landowners.

5.06.03 PUD Subdivisions/Preliminary Plan

Requirements

In addition to the submittal requirements for pre-

liminary plans listed in Section 4.17.02, the fol-

lowing additional information shall be submitted

at the preliminary plan/general submission stage

of review for PUD's that also require subdivision.

1. A description of the objectives to be

achieved by the PUD, including descriptions

of the buildings and sketches and elevations

as may be required to illustrate how these

objectives will be accomplished.

2. A development schedule indicating the ap-

proximate date when construction of the

PUD or individual phases of the PUD can be

expected to start and to be completed.

3. A description of proposed methods of snow

removal and disposal or storage of snow ac-

cumulated during peak precipitation periods

along with alternate emergency off-street

parking provisions for periods of high snow-

fall.

4. A complete description of the proposed

methods of providing for the permanent

maintenance of all public or common build-

ings, facilities, areas and thoroughfares.

5. Copies of all special agreements, convey-

ances, restrictions, covenants and related

legal instruments that will govern the use,

maintenance and perpetual protection of the

PUD and its common and public areas.

6. Building plans including but not necessarily

limited to general dimensions, floor plans,

elevations and general types of construction,

including materials and exterior color

schemes.

7. Landscape and site improvement plans in-

cluding but not necessarily limited to de-

tailed planting plans, the location and size of

signs, exterior lighting, irrigation systems

and recreation and service areas and facili-

ties.

8. Detailed utility plans including but not nec-

essarily limited to line location plans, trans-

former and terminal box locations, sewer

profiles and fire hydrant and manhole loca-

tions with the proposed depth of burial of all

underground lines.

9. Any additional information deemed pertinent

by the Planning Commission or by the appli-

cant to aid in evaluating the proposed PUD.

5.06.04 PUD Subdivisions/Final Plat Re-

quirements

In accordance with the common procedures

provisions of these Regulations, final PUD ap-

proval decisions will be made at the final sub-

mission stage of proposal review (see Chapter

II), concurrent with final plat approval. Proposed

subdivisions for which a PUD approval has al-

ready been granted or for which a PUD approval

is pending, whether for a portion or for all of the

Land Use Regulations PUD Regulations — §5.06.04

5-8

subdivision, shall be required to submit the fol-

lowing additional material in addition to the final

plat submittal requirements for proposed subdi-

visions contained in Section 4.17.03.

1. A notation prominently shown on the cover

sheet of the final plat that the proposed sub-

division is a PUD subdivision.

2. Inclusion of the approved phasing plan for

the construction of improvements.

3. A final draft of the approved legal instru-

ments for the preservation in perpetuity and

the maintenance of all common open space

along with the location and exact dimen-

sions of such open space shown on the final

plat.

4. A description on the final plat of the uses to

which each portion or each lot within the

PUD will be devoted. This information shall

be made a part of the final plat and recorded

therewith and may be shown by reference to

lot and block numbers or other convenient

means.

5.06.05 Development in a PUD and PUD

Modifications

Building permits for construction within a PUD

shall be issued only on the basis of approved

plans and plats. Any change in an approved

plan or plat shall be submitted to the Board of

County Commissioners, which may, upon con-

sultation with the review by the Planning Com-

mission, approve or deny the proposed change.

No substantial modification, amendment, re-

moval or release of the approved design and

provisions of the PUD shall be permitted by the

Board of County Commissioners except upon a

finding by the Board, following a properly noticed

public hearing, that the modification, amend-

ment, removal or release is consistent with the

efficient development and preservation of the

PUD, that it does not adversely effect either the

PUD as it currently exists or neighboring resi-

dents and that it is consistent with the purpose,

intent and various provisions of these Regula-

tions.

6-i

CHAPTER VI

SIGN CODE REGULATIONS

6.01 General Provisions ........................................................................................................................................ 6-1

6.01.01 Title and Application .................................................................................................................... 6-1

6.01.02 Relationship to Other Regulations ............................................................................................... 6-1

6.01.03 Exemptions ................................................................................................................................. 6-1

6.02 Sign Standards and Requirements ................................................................................................................ 6-2

6.02.01 Prohibited Signs .......................................................................................................................... 6-2

6.02.02 Setback Requirements ................................................................................................................ 6-2

6.02.03 Illumination .................................................................................................................................. 6-2

6.02.04 Signs Within Planned Unit Development ..................................................................................... 6-3

6.02.05 Construction and Maintenance .................................................................................................... 6-3

6.02.06 On-Site Signs .............................................................................................................................. 6-3

6.02.07 Off-Premise Signs ....................................................................................................................... 6-4

6.02.08 Signs Located in Airport Protection Overlay Districts .................................................................. 6-4

6.03 Sign Permit Procedures ................................................................................................................................. 6-4

6.03.01 Submittal Requirements .............................................................................................................. 6-4

6.03.02 Permit Issuance by the Planning Director ................................................................................... 6-5

6.03.03 Permit Review and Issuance by the Board of County Commissioners ........................................ 6-5

6.04 Nonconforming Signs..................................................................................................................................... 6-5

6.05 Measurement ................................................................................................................................................. 6-5

Land Use Regulations Sign Code Regulations — §6.01

6-1

CHAPTER VI

SIGN CODE REGULATIONS

6.01 General Provisions

6.01.01 Title and Application

The title of this regulation shall be the Las Ani-

mas County Sign Code and may be so cited and

pleaded. Hereinafter in these Regulations, it

shall be referred to as the sign code. This code

shall apply to applications for a permit to erect,

alter or move signs and outdoor advertising de-

vices in unincorporated Las Animas County. No

sign or outdoor advertising device shall hereafter

be erected, altered or moved unless or until

such sign conforms to the regulations contained

within this code and unless or until a permit for

such sign has been issued by Las Animas

County unless said sign is expressly exempted

herein from the provisions of this code.

6.01.02 Relationship to Other Regulations

Nothing in this code shall be construed as ex-

empting an applicant for a sign permit from any

other requirements of Las Animas County or

from other State of Colorado or federal laws,

regulations or requirements, including but not

limited to those contained within Section 43-1-

401, et seq., Colorado Revised Statutes, as

amended and the Rules and Regulations Per-

taining to Outdoor Advertising promulgated by

the Colorado Department of Transportation as

amended.

The provisions of this code are hereby declared

to be supplemental to and in addition to the pro-

visions contained within Chapter IV of these

Regulations and within the Rules and Regula-

tions Pertaining to Outdoor Advertising promul-

gated by the Colorado Department of

Transportation as amended. To the extent that

the requirements of this code differ from or are

not in accordance with any other applicable re-

quirements of these Regulations or with the Col-

orado Department of Transportation rules and

regulations cited above, the more restrictive re-

quirements, as determined by the Planning

Commission, shall apply, unless an applicant for

a sign permit petitions otherwise to the Planning

Commission and the Planning Commission, at

its discretion, so determines that the less restric-

tive requirement shall apply.

6.01.03 Exemptions

No signs of any nature shall be allowed, con-

structed, erected or maintained, except as here-

in specifically provided. The following signs

shall be exempt from the requirements of this

Chapter:

1. Signs with a surface area of six (6) square

feet or less, provided, however, that only

one (1) such exempt sign may be located on

any individual lot, tract or parcel of land.

2. Civic signs used by churches, synagogues

or other civic organizations. Such signs may

be erected not earlier than two (2) weeks

prior to the opening of the event and shall be

removed not later than one (1) week after

the activity is over.

3. Holiday signs and decorations.

4. Political signs of eight (8) square feet or

less.

5. Signs showing underground or public utili-

ties.

6. Interior window signs.

7. Private warning signs (no hunting, etc.).

8. Vending machine signs, including ATM

signs.

9. Public informational service signs of less

than twelve (12) square feet.

10. Real estate signs not to exceed six (6)

square feet in sign area, and located on the

ground floor level of the property which is

being advertised. One (1) sign is allowed on

each street frontage. Real estate signs may

not be affixed to live trees. Such signs shall

be removed seven (7) days following clos-

ing. Real estate parcels one (1) acre or

larger may have a real estate sign not in ex-

cess of sixteen (16) square feet and ten (10)

feet high.

11. Garage sale signs. Signs shall not be

placed in the County rights-of-way.

12. Gravestones, commemorative signs, cor-

nerstones and plaques not exceeding four

(4) square feet.

Land Use Regulations Sign Code Regulations — §6.01.03

6-2

13. Signs required or specifically authorized for

public purpose by any city, county or state

law, statute or ordinance (e.g., directional

signs).

14. Flags of any state, nation, government or

corporation if the latter is flown in conjunc-

tion with any of the preceding flags. Flags

may not exceed fifty (50) square feet in size

and no flagpole may be higher than thirty-

five (35) feet in all zone districts except resi-

dential zones, in which the maximum height

shall be twenty-five (25) feet.

15. Barber poles. Barber poles may not exceed

eight (8) feet in height and shall be used in

conjunction with a barber shop.

16. Scoreboards, including any advertising.

17. Not more than one (1) sign identifying a

home occupation or cottage industry, at-

tached to the building and not in excess of

six (6) square feet in area.

18. Not more than two (2) signs identifying the

house number and the names of the occu-

pants, not to exceed one-half (½) square

foot each.

19. Ranch gateway or brand signs, not to ex-

ceed one hundred twenty-eight (128) square

feet.

6.02 Sign Standards and Requirements

6.02.01 Prohibited Signs

The following types of signs shall be prohibited

in all zoning districts:

1. Signs that are not securely affixed to any

structure or securely mounted.

2. Signs mounted, attached or painted on mo-

tor vehicles, trailers, boats or other mobile

fixtures when such signs are used as addi-

tional advertising devices on or near a busi-

ness premises.

3. Signs with revolving beacons, flashing lights

or with any type of animation or intermittent

lighting effects, except for uses approved as

a part of a special use permit so long as

such signs do not, in the judgment of the

Planning Commission, represent a potential

safety threat.

4. Any sign designed to emit sounds.

5. Signs located in a public right-of-way.

6. Signs located so as to conflict with the clear

and obvious appearance and meaning of

public signs and devices controlling traffic

movement.

7. Roof-mounted signs or signs which project

above the highest point of a roof line or fas-

cia of a building.

8. Archway signs across any public right-of-

way unless such archway signs indicate

clearly in lettering highly visible to motor ve-

hicle operators that the roadway is a public

right-of-way and, if a County road, stating

the County road number.

9. Signs attached to a building and projecting a

perpendicular distance of more than three

(3) feet from the wall of the building.

10. Signs attached to a building and projecting

in parallel a distance of more than three (3)

feet from the wall of the building.

11. Signs announcing a proposed development

prior to the granting of final approval for

such development or zoning.

12. Signs intended to be read by passing motor

vehicle operators but which are difficult or

impossible to read due to insufficient size or

deteriorated condition.

6.02.02 Setback Requirements

The minimum yard setback for signs on all state

highway systems and paved County roads shall

not be less than twenty-five (25) feet from the

property line. Where this requirement may con-

flict with a yard setback otherwise required in a

given zoning district, the larger yard setback re-

quirement shall prevail. Temporary "for sale,"

"for lease" or "for rent" signs advertising land,

buildings and personal possessions shall be ex-

empt from this provision.

6.02.03 Illumination

Signs with exterior illumination shall have the il-

lumination shielded from public rights-of-way

and from residential uses and lodging facilities.

Land Use Regulations Sign Code Regulations — §6.02.04

6-3

6.02.04 Signs Within Planned Unit Devel-

opment

Signs located or to be located within a PUD shall

conform with the provisions of this Chapter ex-

cept when differing sign provisions are incorpo-

rated in the development plan for the PUD and

approved as a part of the development plan by

the Board of County Commissioners.

6.02.05 Construction and Maintenance

All signs and sign structures shall be well con-

structed from materials of sufficient strength and

quality to withstand premature weathering or de-

terioration by wind, moisture and other natural

elements, and they shall be maintained at all

times in a state of good repair with all braces,

bolts, clips, supporting framework, fastenings

and lettering and design work free from deterio-

ration, insect damage, rot, rust, loosening or ex-

cess peeling. The County Planning Director

shall have the authority to order the repair, alter-

ation or removal of a sign or structure which

constitutes a hazard to health, safety or proper-

ty. In the event that such a sign has not been

removed, altered or repaired within thirty (30)

days after written notification by the County

Planning Director, the Board of County Commis-

sioners shall have the authority to remove said

sign or structure at the expense of the owner of

the property on which the sign is located.

6.02.06 On-Site Signs

The following on-site signs shall be permitted:

1. Temporary "for sale", "for rent" and "for

lease" signs advertising vacant land, provid-

ed that the total surface area of all such

signs on a property so advertised shall not

exceed one hundred (100) square feet nor

shall the total face area of any one (1) sign

exceed fifty (50) square feet. All such signs

shall maintain a twenty-five-foot setback

from all property lines.

2. One (1) identification sign per use by right or

approved special use, provided that the sur-

face area of such sign does not exceed thir-

ty-two (32) square feet, except that home

occupation signs shall remain limited to size

of no more than six (6) square feet.

3. Signs advertising the sale of products pro-

duced or raised on the premises, provided

that the total number of signs does not ex-

ceed four (4), that they are not illuminated

and that the total surface area of such signs

does not exceed forty (40) square feet nor

the surface area of any one (1) sign exceed

twenty (20) square feet.

4. Identification signs for residential develop-

ments, provided that only one (1) sign shall

be allowed for each subdivision entrance,

the surface area of such sign shall not ex-

ceed forty-eight (48) square feet, the maxi-

mum height of such signs shall not, except

for archway signs, exceed eight (8) feet in

height, and that such signs shall not be lo-

cated closer than twenty-five (25) feet from

rights-of-way.

5. Temporary advertising signs for the sale,

rental or lease of dwelling units under con-

struction or approved for construction, pro-

vided that no more than one (1) sign is

erected adjacent to each access street to

the subdivision and provided that the sur-

face area of each sign does not exceed for-

ty-eight (48) square feet and its height does

not exceed eight (8) feet.

6. One (1) identification sign per model home

within an approved subdivision, provided

that the surface area of each sign does not

exceed twenty-four (24) square feet and

such signs shall be required to meet the

minimum yard setback requirements of the

zoning district in which they are located.

7. Directional signs are allowed and not count-

ed as part of the total sign area allowed per

individual use or per shopping center, busi-

ness, commercial or industrial park, provid-

ed that the total number of signs shall not

exceed four (4) and provided that the sur-

face area of each sign does not exceed

eighteen (18) square feet. Directional signs

shall not be required to meet minimum yard

setback requirements of the district in which

they are located, but they shall be placed to

avoid impairing traffic visibility.

8. One (1) temporary "for sale," "for rent" or

"for lease" sign per each street frontage

shall not be counted as part of the total sign

Land Use Regulations Sign Code Regulations — §6.02.06

6-4

area allowed per individual use or per shop-

ping center, business, commercial or indus-

trial park, provided that such signs shall be

required to meet a twenty-five-foot setback

from all property lines, provided that the total

surface area of each sign does not exceed

one hundred (100) square feet per each sign

and provided that the sign does not restrict

traffic visibility.

9. Individual businesses located on a corner lot

shall be allowed one (1) sign per each front-

age abutting a public street at the rate of

one (1) square foot of sign area per one (1)

linear foot of street frontage up to a maxi-

mum of one hundred (100) square feet.

10. Each use shall be entitled to a facial sign ar-

ea of fifty (50) square feet at a minimum.

Such facial sign area may be increased at

the rate of one (1) square foot of sign area

per each linear foot of street frontage in ex-

cess of fifty (50) linear feet up to a maximum

of one hundred (100) square feet of facial

sign area. Uses with a lease or rental area

in excess of one hundred thousand

(100,000) square feet shall be permitted a

maximum of two hundred (200) square feet

of facial sign area per wall area visible to a

public right-of-way.

11. One (1) freestanding identification sign per

street frontage shall be allowed to identify

individual uses, shopping centers or busi-

ness, commercial or industrial parks, provid-

ed that the top of such signs do not extend

more than fifteen (15) feet above ground

level and provided that the surface area of

such signs does not exceed one (1) square

foot of sign area per each three (3) feet of

linear street frontage to a maximum of two

hundred (200) square feet per sign.

12. One (1) directory sign shall be allowed iden-

tifying individual businesses within a shop-

ping center or business, commercial or

industrial park per entrance, provided that

the surface area of such sign does not ex-

ceed seventy-five (75) percent of the area of

the identification sign for the center or park.

6.02.07 Off-Premise Signs

Off-premise signs are permitted in all zoning dis-

tricts to identify uses or services oriented to

highway travelers, to provide directional signs

for emergency services and as advertising

signs, provided that such signs meet the follow-

ing criteria:

1. The uses or services for highway travelers,

emergency services or advertising must be

located in Las Animas County.

2. Each use or service shall be limited to one

(1) off-premise sign per highway approach.

3. The off-premise sign shall not be more than

ten (10) feet high nor extent more than twen-

ty (20) feet above ground level nor be more

than fifty (50) square feet in sign area.

4. The minimum distance between off-premise

signs shall not be less than six hundred sixty

(660) linear feet.

6.02.08 Signs Located in Airport Protection

Overlay Districts

All signs to be located in an established airport

protection overlay district shall conform to the

special height and other requirements and pro-

visions of that district.

6.03 Sign Permit Procedures

Applications for sign permits shall be made to the

County Planning Director who shall, except as speci-

fied otherwise herein, administer this sign code.

Upon payment of the required application fee (see

Chapter XII) and the submission of the required

application materials, the County Planning Director

shall decide, on the basis of the provisions con-

tained herein, whether to issue a sign permit,

whether to deny the permit or whether to refer the

permit application to the Board of County Commis-

sioners.

6.03.01 Submittal Requirements

Applications for a sign permit shall include, in

addition to the application fee and an application

on a form supplied by Las Animas County, a leg-

ibly done rendering, in ink, fully dimensioned,

showing the sign message and a site plan show-

ing the location, setbacks, height, construction

materials and sign area of all proposed signs

and sign alterations. The Planning Commission

may, at its discretion, require additional infor-

mation for sign applications submitted to it for

review.

Land Use Regulations Sign Code Regulations — §6.03.02

6-5

6.03.02 Permit Issuance by the Planning Di-

rector

Sign permit applications meeting the require-

ments contained herein shall be approved by the

Planning Director so long as such applications

do not expressly require Board of County Com-

missioner approval. Sign permit applications

failing to meet the requirements contained here-

in shall be denied by the Planning Director.

6.03.03 Permit Review and Issuance by the

Board of County Commissioners

Any person denied a sign permit by the Planning

Director may appeal that decision to the Board

of County Commissioners within sixty (60) days

of the denial. The Board of County Commis-

sioners and the Planning Commission shall base

their actions on the following criteria:

1. That there exists a clear and reasonable

need for the sign at the proposed location.

2. That the type, style, size and other charac-

teristics of the proposed sign are consistent

with the character of the proposed location.

3. That the benefits that the sign would provide

to residents of Las Animas County and the

motoring public outweigh any esthetic or

other negative impacts of the proposed sign.

4. That the location, character and other fea-

tures of the proposed sign are consistent

with the applicable provisions of these

Regulations.

The Planning Commission shall review and

make recommendations to the Board of County

Commissioners on all sign permit applications

denied by the Planning Director and appealed to

the Board of County Commissioners. The Plan-

ning Director shall promptly issue such sign

permits as the Board of County Commissioners

authorizes.

6.04 Nonconforming Signs

All signs that are or that become nonconforming at

the time of adoption of this Chapter may be main-

tained so long as they are kept in a state of good

repair as specified in Section 3.09 and so long as

they are not relocated, replaced, structurally altered,

abandoned for a period of more than six (6) months

or damaged by wind, fire or other cause to the ex-

tent that fifty (50) percent or more of their value has

been destroyed. Such abandoned or damaged

signs shall not be allowed to continue as noncon-

forming uses.

6.05 Measurement

In measuring the area of signs, the structure or

bracing of the sign shall be omitted from the meas-

urement unless such structure or bracing is made

part of the message or face of the sign. Where a

sign has two (2) or more display faces, the area of

all faces shall be included in determining the area of

the sign. In determining the surface area of a sign,

the County Planning Director shall measure the

smallest single continuous perimeter enclosing the

extreme limits of the display surfaces of the sign

including borders and nonstructural trim.

7-i

CHAPTER VII

SUPPLEMENTARY REGULATIONS

7.01 General Requirements for Off-Street Parking ................................................................................................ 7-1

7.01.01 Specific Off-Street Parking Requirements ................................................................................... 7-1

7.01.02 Off-Street Loading Requirements ................................................................................................ 7-1

7.02 Scenic Corridor Setbacks .............................................................................................................................. 7-2

7.03 Requirements for Solar Energy Access ......................................................................................................... 7-2

7.04 Solid Waste Disposal Sites (Landfills) ........................................................................................................... 7-3

7.05 Communication Facilities ............................................................................................................................... 7-3

7.05.01 Co-Location ................................................................................................................................. 7-3

7.05.02 Building and Roof-Mounted Communication Facilities ................................................................ 7-4

7.05.03 Communication Towers ............................................................................................................... 7-4

7.05.04 General Communication Facility Requirements .......................................................................... 7-4

7.06 Maintenance of Structures and Sites ............................................................................................................. 7-4

7.07 Performance Bonds ....................................................................................................................................... 7-5

7.08 Vested Property Rights .................................................................................................................................. 7-5

7.09 H.B. 1041 Regulations ................................................................................................................................... 7-5

7.10 Oil and Gas Development .............................................................................................................................. 7-6

7.11 Individual Mobile Home Placement ................................................................................................................ 7-6

7.12 Storage of Inoperable Motor Vehicles ............................................................................................................ 7-6

7.13 Small Wind Energy Systems .......................................................................................................................... 7-6

7.14 Wind Farms ................................................................................................................................................... 7-7

7.14.01 Application Requirements ........................................................................................................... 7-7

7.14.02 Guidelines for Locating a Wind Farm .......................................................................................... 7-9

7.14.03 Performance Standards .............................................................................................................. 7-9

7.14.04 Project Reclamation .................................................................................................................... 7-10

7.15 Regulations for Crossing Over or Under a County Road ............................................................................... 7-10

7.15.01 Overhead Wires Crossing a County Road .................................................................................. 7-10

7.15.02 Underground Pipes or Wires Crossing a County Road ............................................................... 7-10

7.15.03 Permit Applications...................................................................................................................... 7-11

7.16 Regulations for Burning of Trash ................................................................................................................... 7-11

7.16.01 Non-Commercial Burning ............................................................................................................ 7-11

7.16.02 Authorization ............................................................................................................................... 7-11

7.16.03 Commercial Sites ........................................................................................................................ 7-11

7.17 Reserved ....................................................................................................................................................... 7-11

Land Use Regulations Supplementary Regulations — §7.01

7-1

CHAPTER VII

SUPPLEMENTARY REGULATIONS

7.01 General Requirements for Off-Street Park-

ing

For every building hereafter erected or structurally

altered, off-street parking spaces shall be provided.

Each space shall measure at least eight (8) feet by

eighteen (18) feet and shall be paved or gravel-

surfaced.

Areas included in driveways or otherwise required to

move cars in and out of parking spaces shall not be

considered to meet off-street parking space re-

quirements. Parking spaces shall be arranged in

such a manner that vehicles will not back directly

from an off-street parking space into a public right-

of-way.

Each off-street parking area containing more than

fifty (50) parking spaces shall provide one (1) or

more landscaped areas dispersed within the parking

areas and which shall be a portion of the overall site

landscaping requirement and shown on an appropri-

ate landscaping plan.

Residential off-street parking spaces shall be locat-

ed on the same lot as the dwellings they serve. All

other required parking spaces located more than two

hundred (200) feet from the building or structure

they serve, measured in a straight line from the

nearest corner of the building, must first be ap-

proved by the Board of Adjustment as a variance.

Off-street parking in a planned unit development

shall comply with the requirements of this Section

except when a separate development plan incorpo-

rating alternate off-street parking provisions is re-

viewed by the Planning Commission and approved

by the Board of County Commissioners.

Parking requirements shall apply to all zoning dis-

tricts. When more than one (1) use is conducted on

a single lot or parcel, parking shall be required for all

uses, even though one is accessory to another.

7.01.01 Specific Off-Street Parking Re-

quirements

The following types of uses shall require the fol-

lowing number of off-street parking spaces, as a

minimum requirement, for both principal and ac-

cessory uses.

Use

No. of

Spaces

1. Single-family dwellings 2

2. Multiple-family dwellings, studio or one-

bedroom

3. Multiple-family dwellings, more than one

bedroom

4. Lodgings, space per rental unit 1

5. Retail and service facilities per thousand

square feet of GLA (Gross Leasable Area)

6. Shopping centers per thousand square feet

of GLA

7. General and professional offices per

thousand square feet of GLA

8. Restaurants and taverns per every three

persons designed seating capacity, plus

employee parking

9. Auditoriums and public assembly facilities

per hundred square feet of floor areas used

for assembly or seating

10. Bowling alleys, per alley, plus employee

parking

11. Industrial facilities per thousand square feet

of manufacturing floor area

1.5

12. Industrial facilities per thousand square feet

of floor area for a wholesale establishment,

warehouse or rail and truck terminal

Requirements for types of buildings and uses

not specifically enumerated herein shall be de-

termined by the Board of County Commissioners

upon review and recommendation from the

Planning Commissions, based upon the re-

quirements of comparable uses listed above.

In adding to, deleting from or otherwise amend-

ing the above enumeration of off-street parking

space requirements, the Planning Commission

and the Board of County Commissioners shall

follow the procedures described in Section 3.04,

Uses Not Itemized.

7.01.02 Off-Street Loading Requirements

For the purpose of providing off-the-street load-

ing and unloading of goods, buildings or struc-

tures to be built or substantially altered which

receive and distribute materials and merchan-

dise by truck shall provide and maintain off-

street loading berths in sufficient number and

size to accommodate the needs of the particular

use.

Land Use Regulations Supplementary Regulations — §7.01.02

7-2

The minimum number of berths required, if the

gross floor areas of the building is less than ten

thousand (10,000) square feet, shall be one (1)

berth; if greater than ten thousand (10,000)

square feet, the number of berths provided shall

be one (1) for each additional fifteen thousand

(15,000) square feet, or fraction thereof, of gross

floor areas over and above the first ten thousand

(10,000) square feet.

A loading berth shall contain, at a minimum, a

space ten (10) feet wide and thirty-five (35) feet

in length and maintain a vertical clearance of at

least fourteen (14) feet. Where the vehicles rou-

tinely used for loading or unloading exceed the-

se dimensions, the Planning Commission may

increase the required size of loading berths cor-

respondingly.

7.02 Scenic Corridor Setbacks

The purpose of the establishment of scenic corridors

is the preservation of the County's major scenic

vistas. Designation of these corridors does not

preclude development thereon; but the Planning

Commission and the Board of County Commission-

ers may require that the development be sited,

constructed and finished in a manner that is compat-

ible with, in harmony with and does not intrude upon

the existing scenic vistas or the wildlife.

1. In addition to the other setback provisions con-

tained within these Regulations, and except as

otherwise allowed herein, all buildings con-

structed along a State of Colorado or U.S. des-

ignated highway must maintain a setback from

the highway right-of-way of at least one hundred

(100) feet.

2. Where a State of Colorado or U.S. highway is

located within a scenic corridor, the minimum

setback distance from the highway right-of-way

shall be increased to two hundred (200) feet.

3. All buildings constructed along County main-

tained roads must maintain a setback from the

roadway right-of-way of at least fifty (50) feet.

4. Where a County maintained road is located

within a scenic corridor, that minimum setback

distance from the roadway right-of-way shall be

increased to one hundred (100) feet.

7.03 Requirements for Solar Energy Access

When considering whether to approve, recommend

approval of or issue a permit for the construction,

reconstruction or alteration of any structure, the

Board of County Commissioners, the Planning

Commission and the County Planning Director shall

take into consideration whether the location, height,

yard setbacks, bulk or other characteristics of the

proposed structure or proposed structural alterations

would significantly reduce access to sunlight for any

solar energy device installed on or in or under con-

struction on or in any neighboring buildings or other

structures. Evidence that the proposed structure or

structural alteration would in fact significantly reduce

or limit access to sunlight for such solar energy

devices is hereby declared to be sufficient reason to

disapprove, to recommend the disapproval of or to

deny the issuance of a permit for the proposed

structure or structural alteration.

No plan, plat, plot map or other instrument requiring

a written or graphic description of the location of

easements on a given lot, parcel or property shall be

submitted to Las Animas County for consideration in

any land use changes or other actions enabled by

these Regulations unless the instrument in question

notes relocation and terms, conditions, provisions

and restrictions of any solar easements established

on or adjacent to that lot, parcel or property.

In addition, any covenant, restriction or condition

contained in any deed, contract, security instrument

or other instrument affecting the transfer or sale of,

or any interest in, real property solely on the basis of

aesthetic considerations which effectively prohibits

or restricts the installation or use of a solar energy

device is hereby declared to be void and unenforce-

able.

In determining whether difficulties to, or hardship

upon, the owner of a lot, parcel or other property

exists, the Board of Adjustment shall properly con-

sider the adequacy of access to sunlight for solar

energy devices installed on or after January 1, 1980.

See also Section 1.11 on the Board of Adjustment.

Moreover, the addition of a solar energy device to a

building or other structure shall not necessarily be

considered a structural alteration for the purpose of

determining whether that building or other structure

represents a nonconforming use (see Section 3.09).

Land Use Regulations Supplementary Regulations — §7.04

7-3

7.04 Solid Waste Disposal Sites (Landfills)

Any person proposing to operate a facility for solid

waste disposal within the boundaries of Las Animas

County shall apply to the Las Animas County Plan-

ning Commission for a certificate of designation.

The certificate of designation application shall con-

sist of an engineering design and operation report,

which establishes the site, design, construction and

operational suitability of a proposed type of solid

waste disposal, and demonstrates that the imple-

mentation of proposed designs will result in compli-

ance with these Regulations and all other applicable

regulations during construction, operations and post-

closure.

The certificate of designation application shall in-

clude additional copies as needed of data as defined

by the Colorado Department of Public Health and

Environment and/ or Subtitle D.

Pre-established sites shall meet existing standards

already set by the Colorado Department of Public

Health and Environment. The existing City of Trini-

dad landfill is exempt from County permitting re-

quirements associated with the provisions of this

Section 7.04.

Should any change of ownership of an established

site occur, the procedure established in Section 2.15

shall apply.

7.05 Communication Facilities

All proposed communication facilities shall be re-

viewed pursuant to the following procedures:

1. Building and roof-mounted communication facili-

ties shall be reviewed by the Planning Depart-

ment for compliance with the requirements of

these Regulations.

2. Communication towers must receive a special

use permit.

7.05.01 Co-Location

A proposal for a new communication facility shall

not be approved unless it can be shown by the

applicant that the telecommunication equipment

planned for the proposed communication facility

cannot be accommodated:

1. On an existing or approved communication

facility that is within the following minimum

distance requirements between communica-

tion facilities:

a. Within a one-mile radius of another

structure over one hundred ninety-nine

(199) feet tall;

b. Within a one-half-mile radius for struc-

tures under one hundred ninety-nine

(199) feet; or

c. Within one-quarter (¼) mile for struc-

tures under eighty (80) feet, due to the

following reasons:

1) The planned equipment would ex-

ceed the structural capacity of the

existing or approved communication

tower or building, as documented by

a qualified and licensed professional

engineer, and the existing or ap-

proved structure cannot be rein-

forced, modified or replaced to

accommodate planned or equivalent

equipment at a reasonable cost.

2) The planned equipment would cause

interference, materially impacting the

usability of other existing or planned

equipment at the structure as docu-

mented by a qualified radio frequen-

cy engineer and the interference

cannot be prevented at a reasonable

cost.

3) Existing structures within the search

radius cannot accommodate the

planned equipment at a height nec-

essary to function reasonably as

documented by a qualified engineer,

regardless of whether its location is

regulated by the County or adjacent

municipality.

4) In spite of its best efforts, the appli-

cant was unable to obtain approval

within sixty (60) days, to co-locate on

an existing or approved structure.

The applicant's efforts must be doc-

umented in writing and sent by certi-

fied mail.

5) Other reasons that make it impracti-

cal to locate the planned telecom-

munications equipment upon an

existing or approved structure.

Land Use Regulations Supplementary Regulations — §7.05.02

7-4

7.05.02 Building and Roof-Mounted Com-

munication Facilities

Such facilities shall be architecturally compatible

with and colored to match the building to which

they are attached.

The maximum protrusion of building-mounted

communication facilities from the building face to

which they are attached shall be two (2) feet.

Building-mounted whip antennas shall extend no

more than ten (10) feet above the highest point

of the building to which they are attached.

The visual impact of such facilities from adjacent

property and public rights-of-way shall be miti-

gated to the degree practicable.

Roof-mounted communication facility accessory

structures shall extend no more than seven (7)

feet above any parapet of a flat roof upon which

they may be placed, and shall not be permitted

on a sloped roof.

7.05.03 Communication Towers

The maximum height of a new communication

tower shall be one hundred ninety-nine (199)

feet, unless:

1. US Fish and Wildlife Service guidelines are

addressed, as appropriate to the site;

2. Determination of no hazard to air navigation

is provided by the FAA; and

3. Co-location on an existing freestanding

communication facility is not possible (see

Section 7.05.01)

A communication tower shall be setback from

the facility's base of at least 1.5 times the struc-

tures height to a public or private road and at

least 1.5 times the structure's height to the near-

est property line.

The visual impact of communication towers from

adjacent property and public rights-of-way shall

be mitigated to the degree practicable.

Screening, landscaping and/or exterior finishes

and color coding for a communication tower

shall be compatible with the existing character of

the site and adjacent properties and shall be de-

termined as part of the special use permit review

process.

7.05.04 General Communication Facility

Requirements

All communication facilities shall be in compli-

ance with all federal, state and local building,

electrical and other relevant codes and regula-

tions. Evidence of compliance with all regulatory

requirements shall be provided to the Planning

Department as appropriate.

The construction and use of a communication

facility shall not cause interference to other ad-

jacent communication facilities. The County

shall be held harmless if interference occurs.

Communication facilities which are abandoned

by disconnection of power service, equipment

removal or loss of lease for greater than six (6)

months shall be removed by the Communication

facility owner or operator. Should the owner or

operator fail to remove the facilities, the County

may do so at its option, and the costs thereof

shall be a charge against the owner. Applicants

shall provide, at the time of application, a copy

of the lease or other instrument obligating them

to remove the communication facility upon ces-

sation of operations at the site.

No commercial messages nor any other signs

beyond safety warnings and an identification

sign of not greater than six (6) square feet shall

be placed on any communication facility.

Communication facilities located within ten (10)

miles from the external boundaries of the Airport

Protection Overlay District (APO) or an FAA-

approved airstrip (if such airstrip is located out-

side of an APO), whichever is greater, shall pro-

vide evidence of FAA consent.

7.06 Maintenance of Structures and Sites

All structures, and all elements and features of any

site (including, without limitation, buildings, fences,

walls, parking areas, driveways, sidewalks, signs,

landscaping, utility lines and irrigation systems) for

which the owner thereof or his or her predecessor-

in-interest obtained approval from the County for the

construction or establishment, shall be maintained in

good repair and in substantially the form, condition

and nature which was represented at the time they

were constructed. It is the intention of this Section

that such structures, elements and features of sites

within the County, having once been approved for

construction or development, shall not be allowed to

Land Use Regulations Supplementary Regulations — §7.06

7-5

deteriorate to a condition which is in any respect

inferior to the condition or state upon which the

original approval for construction or development

was based. For purposes of this Section, the owner

or tenant of the structure or real property shall be

considered the responsible party. The County, after

notice to the property owner, may enter upon the

property and correct the condition in the event the

owner fails to do so. The cost of such correction

may be assessed against the property and collected

by the County in any manner permitted by law.

7.07 Performance Bonds

The Board of County Commissioners may, at its

discretion, require an applicant to furnish a perfor-

mance bond to secure site improvement, repair or

restoration. If required, such improvement guaran-

tee shall be made in accordance with the provisions

of Section 4.03.

7.08 Vested Property Rights

For all land use changes, the final approval step,

irrespective of its title, which occurs prior to building

permit shall be considered the "site specific devel-

opment plan" for purposes of Article 68 of Title 24,

C.R.S.

In the event an applicant for approval of a land use

change wishes said approval to have the effect of

creating vested property rights pursuant to Article 68

of Title 24, C.R.S., the applicant must so request, in

writing, at least thirty (30) days prior to the date said

approval is to be considered. Failure to so request

renders the approval not a "site specific develop-

ment plan," and no vested rights shall be deemed to

have been created thereby.

In the event amendments to a site specific develop-

ment plan are proposed and approved, the effective

date of such amendments, for purposes of duration

of a vested property right, shall be the date of the

approval of the original site specific development

plan, unless the Board of County Commissioners

specifically finds to the contrary and incorporates

such finding in its approval of the amendment.

The Board of County Commissioners may revoke a

vested property right for failure to abide by the terms

and conditions of such vested property right. Prior

to taking action to revoke a vested property right, the

Board of County Commissioners shall provide a

hearing to the affected landowner and shall provide

at least fourteen (14) days' prior written notice

mailed to the property address of record in the

County Assessor's office, as well as provide notice

in the same manner as the posting or publishing of

ordinances and resolutions. The mailed notice to

the landowner shall specifically identify the terms

and conditions which are not in compliance with the

site specific development plan approval. During the

period of determining compliance with the terms and

conditions of a site specific development plan ap-

proval, the County may administratively withhold any

building, utility, excavation, road cut or other County

permit, and may withhold acceptance of additional

development applications or processing of existing

development applications for the property subject to

the site specific development plan.

A pending site specific development plan application

will be governed by the duly adopted laws and regu-

lations in effect at the time the application is submit-

ted, with the exception that the County reserves the

right pursuant to Section 24-68-102.5(2), C.R.S., to

enforce new or amended laws or regulations to

pending applications when such law or regulation is

necessary for the immediate preservation of public

health and safety, including temporary development

restrictions duly adopted by resolution for the pur-

poses of preparing planning studies and considering

land use regulations related to public health and

safety or for the purpose of promoting concurrency

of essential public infrastructure, equipment or ser-

vices with increased demand.

Nothing in this Section is intended to create any

vested property right, but only to implement the

provisions of Article 68 of Title 24, C.R.S. In the

event of the repeal of said Article or a judicial deter-

mination that said Article is invalid or unconstitution-

al, this Section shall be deemed to be repealed and

the provisions hereof no longer effective.

7.09 H.B. 1041 Regulations

Areas and Activities of Local Concern and State

Interest (H.B. 1041 Regulations) have been adopted

by the Board of County Commissioners pursuant to

the authority vested in it by Section 24-65.1-101, et

seq., C.R.S. A copy of the H.B. 1041 regulations

are included as Chapter XI of these Regulations.

Land Use Regulations Supplementary Regulations — §7.10

7-6

7.10 Oil and Gas Development

Oil and gas development activity is regulated by the

"Oil and Gas Regulations for Las Animas County,"

(Oil and Gas Regulations) adopted by the Board of

County Commissioners on April 2, 2002. A copy of

the Oil and Gas Regulations are included as Chap-

ter IX of these Regulations.

7.11 Individual Mobile Home Placement

Individual mobile homes (see Chapter VIII for mobile

home parks) are permitted in unincorporated Las

Animas County as a permitted use subject to an

applicant adhering to the following requirements:

1. Make application on a form provided by Las

Animas County.

2. Provide a site plan drawn to an appropriate

scale and in legible form showing the location of

the proposed mobile home, setbacks from prop-

erty lines, the location of roadways on the tract

and on neighboring parcels and the current land

use on the tract and on neighboring parcels.

3. Included with the application shall be evidence

that a water supply source of adequate quantity

and quality can and will be provided on the tract.

4. Included with the application shall be evidence

that an effective and environmentally sound in-

dividual sewage disposal system, as approved

by the County Health Department, will be pro-

vided.

5. Submit the appropriate application fees (see

Chapter XII).

Required site improvements shall include the follow-

ing:

1. A graveled or paved driveway at least eight (8)

feet in width connecting to designated public

road or street and two (2) graveled or paved off-

street parking spaces of the minimum size

specified in Chapter VIII. The mobile home site

shall have a minimum of four (4) tie-down stir-

rups and concrete pads located at stress points

pursuant to the manufacturer's specifications or,

in place of pads, it shall be attached to a perma-

nent foundation with the wheels and axles re-

moved. Mobile homes attached to pads shall be

equipped

with skirting of a rigid material which shall be in-

stalled, if required, within thirty (30) days after

the mobile home has been moved to its site.

2. The mobile home shall be sited within the mini-

mum setback requirements of the zone in which

it is located and located so that its exposure to

view from nearby public roadways and adjoining

property is kept to a minimum; evidence that

these requirements will be met shall be included

with the application.

7.12 Storage of Inoperable Motor Vehicles

It is illegal to store, keep or maintain on any residen-

tial premises a motor vehicle which is unlicensed or

is being junked, dismantled or wrecked, unless such

vehicle is located within an enclosed building or

otherwise fully screened from view of any member of

the general public. However, this regulation does

not apply to unlicensed vehicles being actively main-

tained for racing or competitive purposes nor to

vehicles defined as collector's items by Section 42-

12-101, et seq., Colorado Revised Statutes, as

amended, nor to vehicles used for farming or ranch-

ing purposes in agricultural districts.

7.13 Small Wind Energy Systems

Small wind energy systems shall be a permitted use

in all zoning classifications. Applicants for a small

wind energy system shall:

1. Make application on a form provided by Las

Animas County.

2. Comply with the following requirements:

a. The minimum lot size for a small wind ener-

gy system shall be one-half (½) acre.

b. For property sizes between one-half (½)

acre and one (1) acre, the tower height shall

be limited to eighty (80) feet above the

grade of the fixed portion of the tower, ex-

cluding the wind turbine itself. For lot sizes

of one (1) acre or more, there is no limitation

on tower height, except as imposed by FAA

regulations.

c. Small wind energy systems shall be set

back from property lines a minimum of 1.5

times the tower height. No part of the wind

system structure, including guy wire an-

chors, may extend closer than ten (10) feet

to a property line.

Land Use Regulations Supplementary Regulations — §7.13

7-7

d. Small wind energy systems shall maintain a

circular clear zone that has a radius which is

equivalent to 1.5 times the tower height plus

the length to the tip of the blade. This clear

zone shall be maintained free of any occu-

pied structures, tanks containing combus-

tible or flammable liquids and aboveground

telephone or electrical lines.

e. Small wind energy systems shall not exceed

state standards for maximum noise levels.

f. Applications for small wind energy systems

shall be accompanied by standard drawings

of the wind turbine structure, including the

tower, base and footings. An engineering

analysis of the tower showing compliance

with the County Building Code and certified

by a licensed professional engineer shall al-

so be submitted.

g. Small wind energy systems must comply

with applicable FAA regulations, including

any necessary approvals for installations

within ten (10) miles of an airport, measured

from the external boundary of an APO Dis-

trict or an FAA-approved airstrip (if such air-

strip is located outside of an APO),

whichever is greater.

h. Applications for small wind energy systems

shall be accompanied by a line drawing of

the electrical components in sufficient detail

to allow for a determination that the manner

of installation conforms to the National Elec-

trical Code.

i. No small wind energy system shall be in-

stalled until evidence has been given that

the utility company has been informed of the

customer's intent to install an interconnected

customer-owned generator. Off-grid sys-

tems shall be exempt from this requirement.

j. No signs beyond safety warnings of not

greater than six (6) square feet shall be

placed on any small wind energy system.

k. Small wind energy systems which are aban-

doned by disconnection of utility service for

greater than six (6) months shall be re-

moved by the owner. Should the owner fail

to remove the structure, the County may do

so at its option, and the costs thereof shall

be a charge against the owner.

7.14 Wind Farms

Wind farms shall be a special use in the Agricultural

(A) and Ranchette (RA) zoning districts.

7.14.01 Application Requirements

All applications for a wind farm shall be on a

form provided by Las Animas County and ac-

companied by the following information:

1. Evidence that the applicant is the owner of

the property or has written permission of the

owner to make such application;

2. Name, address and phone number of the

applicant and owner and the applicant's con-

tact person for the project.

3. Relevant background information on the pro-

ject, including timeframe and project life,

phases of development, likely markets for

the electricity produced and the possibilities

for future expansion.

4. A conceptual development plan of the pro-

posed wind farm drawn to scale and in suffi-

cient detail to provide a clear description of

the project and accompanied by sufficient

data to support the conceptual plan.

5. An estimated economic cost/benefit analysis

describing the impact of the project on the

local and state economy with respect to the

following:

a. The amount of property taxes to be

generated by the project.

b. The amount of sales taxes to be gener-

ated by the project.

c. The amount of other applicable taxes to

be generated by the project.

d. The construction dollars to be spent lo-

cally.

e. The number of construction jobs and es-

timated construction payroll.

f. The number of permanent jobs and es-

timated continuing payroll.

Land Use Regulations Supplementary Regulations — §7.14.01

7-8

g. Costs associated with the impact on

roads or other County infrastructure in

the project area.

6. In the absence of a required environmental

analysis by a state or federal agency which

encompasses the entire project area, pro-

vide a project impact review and a proposed

impact mitigation plan. The project impact

review and mitigation plan shall address all

of the following:

a. Wildlife and wildlife habitat on the site

and in a biologically significant area sur-

rounding the site.

b. Any endangered or threatened species

on the site and in a biologically signifi-

cant area surrounding the site.

c. Avian population, including migratory

birds.

d. Flora on the site.

e. Soil erosion and drainage, to be coordi-

nated with the local soil conservation

district.

f. Water quality and water supply in the

area.

g. Historic, cultural or archaeological re-

sources within wind farm project area.

h. Dust from project activities, and dust

mitigation.

i. Distance from residential dwellings and

vacant platted subdivision lots within two

(2) miles of any proposed wind turbine

in the project boundary.

j. A-weighted and C-weighted noise levels

at the residence nearest to the project

boundary and at the property line of

such residence nearest to the project

boundary.

k. Any wastes, either municipal solid waste

or hazardous waste, generated by the

project.

l. Electromagnetic fields and communica-

tions interference, including interference

with radar, generated by the project.

m. Public safety in regard to the potential

hazards to adjacent properties, public

roadways, communities, aviation, etc.,

that may be created.

n. A general discussion of any potential

changes to the above assessment items

that could be anticipated when consider-

ing the cumulative impacts of other ad-

jacent wind energy projects.

7. A statement of the useful life of the project, a

general description of the decommissioning,

and the final land reclamation plan in the

event the project is abandoned or terminat-

ed. Evidence, acceptable to the Board of

County Commissioners, shall be presented

demonstrating that the applicant has entered

into an agreement with the property owner

that ensures proper final reclamation of the

wind farm project. If the applicant does not

have a reclamation agreement with the land

owner that is suitable to the Board of County

Commissioners, the applicant shall comply

with all the provisions of Section 7.14.04 of

these Regulations.

8. A conceptual transportation plan that shows

the following:

a. Anticipated locations of the project's

service road ingress and egress access

points onto State or County roads. Any

proposed access onto the State or

County road system must meet state or

County requirements, as applicable.

b. The general layout of the proposed wind

farm service road system and the extent

to which roads are planned to be up-

graded. All roads servicing manned or

occupied accessory buildings need to

be constructed to the standards of the

International Fire Code.

c. The plan for utilizing existing roadways

to service the project area. To the

greatest extent possible, the applicant

must make use of existing roadways.

Land Use Regulations Supplementary Regulations — §7.14.01

7-9

d. The anticipated volume and designated

route for traffic, including routes for

oversized and heavy equipment needed

for construction, maintenance and re-

pairs.

e. The proposed methodology of assuring

to the public entities responsible for the

roads that repairs and on-going mainte-

nance of roads and bridges to be used

in both the construction and operation

phases will be carried out.

7.14.02 Guidelines for Locating a Wind

Farm

The following guidelines shall be considered by

the Planning Commission and the Board of

County Commissioners in evaluating the appro-

priateness of a proposed wind farm location:

1. A wind farm should not be located in large

impact areas such as wilderness study are-

as, areas of critical environmental concern,

County and state parks, historic trails and

special management areas.

2. A wind farm should not significantly impact

important wildlife habitat.

3. A wind farm should avoid those visual corri-

dors that are designated as scenic corridors.

4. A wind farm should maintain visual unity

among clusters of turbines. To promote vis-

ual uniformity, the towers of all turbines in an

array should appear similar.

5. To avoid visual clutter, intra-project power

lines having a voltage of 34,500 volts or less

should be buried unless the applicant can

sufficiently demonstrate that burying the

lines will violate other guidelines/standards,

violate applicable law, render the project

economically infeasible, or be hidden from

public view. Transformers and other electric

equipment should be hidden from view or

otherwise constructed in harmony with the

surrounding landscape.

6. A wind farm should avoid erosion. Disturb-

ance and construction on erodible slopes

should be minimized.

7. The number of improved roads and con-

struction staging areas should be kept to a

minimum. The grading width of roads

should be minimized. One-lane roadways

with turn-outs are recommended. The num-

ber and size of staging areas and crane pad

sites should be minimized.

8. A wind farm should avoid sites with known

sensitive historical, cultural or archeological

resources.

9. The health and safety of any person that

may reside within two (2) miles of a pro-

posed wind energy turbine.

7.14.03 Performance Standards

A wind farm shall be developed in a manner that

utilizes sound engineering practices and consid-

ers public safety in regard to the potential haz-

ards to adjacent properties, public roadways,

communities, aviation, etc., that may be created.

The following standards are to be achieved by

each wind farm project:

1. Design, construction, operation, mainte-

nance and decommissioning of all wind farm

facilities and infrastructure in compliance

with County, state and federal laws and reg-

ulations. This shall include compliance with

all applicable industry standards, including

the American National Standards Institute

and the National Electrical Commission.

2. Certification by a Professional Engineer prior

to construction that the design of the founda-

tions and towers is within accepted profes-

sional standards, given soil and climate

conditions on the wind farm site.

3. The noise level caused by the operation of

the project shall not exceed state standards

for maximum noise levels.

4. Wind farms towers shall not use lattice-type

construction or other designs that provide

perches for avian predators.

5. To provide visual order to a wind farm pro-

ject, all individual turbines shall have the

same number of rotor blades and all rotor

blades shall spin in the same direction in re-

lation to the wind. To promote visual uni-

formity, all turbines at a similar ground

elevation shall have the same height from

blade tip to the ground.

Land Use Regulations Supplementary Regulations — §7.14.03

7-10

6. Except during construction, reconstruction or

removal, outdoor storage is not permitted

within the project boundary except at loca-

tions that are screened from view.

7. To avoid cluttering the skyline, inverters and

pendant power cables shall be located in-

side the wind turbine tower, nacelle or struc-

ture.

8. No telecommunications dishes, antennas,

cellular telephone repeaters or other similar

devices shall be attached to wind turbine

towers.

9. Aircraft obstruction markings of the turbines

by use of alternating red and white bands

shall be prohibited.

10. No billboards or advertising signs of any

kind shall be located on the turbines.

11. Individual wind turbines shall be set back

from all property lines coincident with or out-

side of the project boundary a distance

equal to 1.5 times the tower height.

12. Individual wind turbines shall be set back

from all public roads a distance equal to at

least 1.5 times the tower height.

13. Individual wind turbine heights and markings

shall comply with Federal Aviation Admin-

istration (FAA) regulations. If lighting of tur-

bines or other structures is required,

"daytime white-nighttime red" shall be the

only type of lighting allowed unless prohibit-

ed by law.

14. All turbines and towers shall be a shade of

white or light grey in color.

7.14.04 Project Reclamation

If, in the assessment of the Board of County

Commissioners, the applicant cannot provide

acceptable evidence demonstrating that the ap-

plicant has entered into an agreement with the

property owner that ensures proper final recla-

mation of the wind farm project, the applicant

shall comply with the following requirements:

1. A reclamation bond shall be furnished to the

County not later than thirty (30) days before

commencement of project construction that

will be used to restore the site surface to a

condition consistent with the preconstruction

environment.

2. The reclamation bond shall be in an amount

equal to one hundred (100) percent of such

costs, where such amount is determined by

the Board of County Commissioners based

upon estimates from knowledgeable con-

tractors, except that the landowner should

be given the option to maintain access roads

for demonstrated ranching or farming pur-

poses as approved by the Board of County

Commissioners.

3. The reclamation bond shall not be can-

celled, released or in any way terminated

without prior written approval from the Coun-

ty, and shall continue as long as such tur-

bines or other above-ground improvements

exist.

4. The reclamation bond shall be written so as

to survive any sale or other form of transfer

of ownership of such turbines and other im-

provements.

5. The company providing the reclamation

bond shall be authorized to provide bonds in

the State of Colorado and be acceptable to

the Board of County Commissioners.

6. All underground equipment and foundation

systems of a wind farm shall be removed.

7.15 Regulations for Crossing Over or Under a

County Road

7.15.01 Overhead Wires Crossing a County

Road

Any proposed crossing of a County road with

overhead wires must be cleared with the Road

and Bridge Supervisor prior to installation of the

material crossing the road. Las Animas County

requires a minimum height of eighteen (18) feet.

7.15.02 Underground Pipes or Wires Cross-

ing a County Road

Las Animas County requires a minimum depth

of forty-eight (48) inches for the installation of

pipes or wires crossing County roads.

Land Use Regulations Supplementary Regulations — §7.15.03

7-11

7.15.03 Permit Applications

The permit regulating the overhead or under-

ground crossing of a County road shall be ob-

tained from the Road and Bridge Supervisor.

7.16 Regulations for Burning of Trash

7.16.01 Non-Commercial Burning

Burning of tree limbs can legally take place if it is

not within a landfill boundary and a burning per-

mit is obtained from the Sheriff's Department or

the fire district, as applicable.

7.16.02 Authorization

No permit shall be issued which will allow the

County to exceed primary and secondary ambi-

ent air quality standards as proscribed by federal

laws and regulations adopted by the Colorado

Department of Public Health and Environment

Air Pollution Control.

7.16.03 Commercial Sites

The development or establishment of a com-

mercial burning site must comply with federal,

state and County regulations.

7.17 Reserved

Reserved.

8-i

CHAPTER VIII

MOBILE HOME PARK AND CAMPGROUND REGULATIONS

8.01 Purpose and Intent ........................................................................................................................................ 8-1

8.01.01 Building Permit Required ............................................................................................................. 8-1

8.01.02 Occupancy .................................................................................................................................. 8-1

8.02 Special Use Permits for Mobile Home Parks and Campgrounds ................................................................... 8-1

8.03 Mobile Home Park and Campground Design Standards and Specifications ................................................. 8-1

8.03.01 Site Selection Criteria .................................................................................................................. 8-1

8.03.02 Size and Density Restrictions ...................................................................................................... 8-1

8.03.03 Mobile Home Tie Down and Skirting Requirements .................................................................... 8-1

8.03.04 Setback Requirements ................................................................................................................ 8-2

8.03.05 Mobile Home Space Requirements ............................................................................................. 8-2

8.03.06 Access and Interior Roadways .................................................................................................... 8-2

8.03.07 Walkways, Paving and Lighting ................................................................................................... 8-2

8.03.08 Public Sites, Recreation and Open Space .................................................................................. 8-2

8.03.09 Parking Requirements ................................................................................................................. 8-3

8.03.10 Storage Areas ............................................................................................................................. 8-3

8.03.11 Service Buildings ......................................................................................................................... 8-3

8.03.12 Utilities ......................................................................................................................................... 8-3

8.04 Waiver of Mobile Home Park and Campground Design Standards and Specifications ................................. 8-4

8.05 Submittal Requirements ................................................................................................................................. 8-4

8.06 Criteria for Action on a Special Use Permit for a Mobile Home Park or Campground as a Special Use ........ 8-5

8.07 Guarantee of Performance ............................................................................................................................ 8-6

8.08 Permit Conditions: Occupant Registration and Residency ............................................................................ 8-6

8.08.01 Registration of Occupants ........................................................................................................... 8-6

8.08.02 Maximum Residency ................................................................................................................... 8-6

8.08.03 Management and Maintenance ................................................................................................... 8-6

Land Use Regulations Mobile Home Park & Campground Regulations — §8.01

8-1

CHAPTER VIII

MOBILE HOME PARK AND

CAMPGROUND REGULATIONS

8.01 Purpose and Intent

The specific purpose and intent of these Regulations

shall be to:

1. Establish, maintain and enforce minimum stand-

ards governing the site selection, development,

alteration, maintenance and operation of mobile

home parks and campgrounds.

2. Establish, maintain and enforce minimum stand-

ards governing the provision of utilities, physical

facilities and other conditions needed to make

mobile home parks and campgrounds safe,

sanitary and fit for human habitation.

3. Establish, maintain and enforce the minimum

responsibilities of owners and operators of mo-

bile home parks and campgrounds.

8.01.01 Building Permit Required

No person shall engage in the construction, de-

velopment or alteration of a mobile home park or

campground unless or until that person has

been issued a special use permit to do so by the

Board of County Commissioners in compliance

with the provisions of this regulation and other

applicable provisions contained within these

Regulations.

8.01.02 Occupancy

No mobile home or mobile home unit or

campsite or camping unit shall be occupied on

any site until or unless all improvements have

been completed as shown on approved submit-

tal materials and as required by this regulation

and until complete and proper inspection of such

improvements have been undertaken by the

County Building Inspector.

8.02 Special Use Permits for Mobile Home

Parks and Campgrounds

The site selection, development or alteration of a

mobile home park or campground is only allowed as

a special use in an allowable zoning district upon

review and recommendation by the Planning Com-

mission and favorable action by the Board of County

Commissioners.

8.03 Mobile Home Park and Campground De-

sign Standards and Specifications

The following design standards and specifications

shall apply to all mobile home parks and

campgrounds to be proposed, reviewed, accepted or

issued a special use permit for site selection, devel-

opment or alteration:

8.03.01 Site Selection Criteria

Existing zoning, building and construction, mas-

ter plan, health and other rules, resolutions, reg-

ulations and laws of Las Animas County, the

State of Colorado and the United States shall be

taken into consideration and adhered to as an

integral part of the site selection process for a

mobile home park or campground. Sparsely to

moderately wooded sites providing shade trees

and natural buffering from the environment and

from public view are preferred. Mobile home

parks and campgrounds shall be situated on

well drained sites that will not cause adverse

drainage or other environmental consequences

on surrounding property. Existing streams and

other natural amenities shall be preserved. Mo-

bile home parks and campgrounds shall not be

sited in areas subject to flooding, fire or other

safety hazards nor shall be located in proximity

to chronic nuisances such as noise, smoke,

fumes or odors. The topography of the pro-

posed site shall be favorable to minor grading,

free from natural hazards and subject to ready

access and ease of maintenance.

8.03.02 Size and Density Restrictions

The gross density of a mobile home park shall

not exceed eight (8) mobile home units per acre.

The gross density of campgrounds shall not ex-

ceed twenty-five (25) camping units per acre.

A mobile home park shall contain a minimum of

ten (10) acres and a campground site shall con-

tain a minimum of five (5) acres.

8.03.03 Mobile Home Tie Down and Skirting

Requirements

All mobile homes shall be tied down and skirted

in accordance with the requirements contained

in Section 7.11.

Land Use Regulations Mobile Home Park & Campground Regulations — §8.03.04

8-2

8.03.04 Setback Requirements

All mobile home parks and campgrounds shall

set aside along the perimeter of the site the fol-

lowing minimum setbacks, which shall be land-

scaped with suitable flora, except for roadways

and walkways:

1. Fifty (50) feet abutting a state or federally

designed highway or municipally designed

major arterial.

2. Twenty-five (25) feet abutting any other type

or category of public right-of-way or alley.

3. Fifteen (15) feet abutting any other exterior

boundary.

4. Five (5) feet abutting any interior street, alley

or walkway.

All mobile homes and camping units shall be sit-

uated so that there remains a minimum of fifteen

(15) feet between units. Mobile homes or camp-

ing units parked end-to-end shall maintain an

end-to-end clearance of no less than ten (10)

feet. Enclosed additions to a mobile home unit

and extensions to a camping unit shall be con-

sidered a part of the respective unit in establish-

ing and measuring minimum required yard

distances.

Mobile home units and camping units shall not

be parked in any manner that any part of the unit

would obstruct or block any portion of a roadway

or walkway.

Only mobile home and camping units for which

there are available spaces conforming to this

Chapter shall be occupied and all such occupied

units shall be located in available spaces.

8.03.05 Mobile Home Space Requirements

The minimum size of a mobile home space shall

be three thousand five hundred (3,500) square

feet.

Groups or clusters of mobile homes may be

placed on a combined space if the size of the

combined space is equal to or greater than the

minimum area for an equal number of mobile

homes on standard spaces and where the mini-

mum setback requirements contained herein are

honored on the perimeter line of the combined

space. The application submittal requirements

for such clustered sites may be expanded by the

Planning Commission, at its discretion, to in-

clude any or all of the submittal requirements

contained within the planned unit development

regulations (Chapter V).

8.03.06 Access and Interior Roadways

All mobile home and campground spaces shall

have direct access to a public street or roadway,

which shall conform, at a minimum, to the front-

age road requirements contained in Section

4.13.03. Access roads shall be provided to mo-

bile home or camping unit spaces. Interior

roadways shall conform, at a minimum, to the

residential, local and collector street require-

ments contained in Section 4.13.03. All surfac-

ing shall meet the road construction standards

adopted by or in prevailing use by Las Animas

County. Mobile home parks and campgrounds

shall be designed and constructed so that all

spaces for units and all accessory uses shall

abut an interior roadway.

8.03.07 Walkways, Paving and Lighting

All park walkways and campground walkways

shall be gravel or hard surfaced. Walkway

widths shall not be less than four (4) feet. All

mobile home park and campground walkways

and roadways shall be provided with illumination

of not less than twenty-five-watt lamps at inter-

vals of not more than one hundred (100) feet.

8.03.08 Public Sites, Recreation and Open

Space

Mobile home parks and campgrounds shall ded-

icate or reserve areas or sites of a character, ex-

tent and location suitable for public use for

arterial streets, schools, parks, floodways, his-

toric sites, scenic areas and/or other necessary

or convenient public uses according to one (1) of

the following options acceptable to the applicant

and the Planning Commission:

1. Up to five (5) percent of the total gross area

of mobile home park or campground shall be

dedicated to a public agency for one (1) or

more public purposes. The proportion of

land, if any, so dedicated shall be deter-

mined by the Board of County Commission-

ers upon recommendation by the Planning

Commission.

Land Use Regulations Mobile Home Park & Campground Regulations — §8.03.08

8-3

2. Ten (10) percent of the total gross area of

the mobile home park or campground shall

be dedicated as a private park or recrea-

tional areas for the use of the residents or

users of the facility.

Applicants shall submit a warranty deed or file a

plat of the site to assure the dedication of all

easements and public or private park lands prior

to the issuance of a special use permit for such

mobile home park or campground.

Land to be provided for public and/or private rec-

reational use and/or open space shall not in-

clude any area dedicated as a roadway, mobile

home or campground space, storage area nor

any area required for setbacks as specified in

Section 8.03.04.

8.03.09 Parking Requirements

A minimum of two (2) off-street parking spaces

shall be provided for each mobile home space

and each campground space, the minimum size

of each such off-street parking space being eight

(8) feet by twenty (20) feet. The second

campground space shall be the space for camp-

ing purposes or for the camping unit.

Upon application to the Planning Commission

and at the Commission's discretion, on-street

parking in mobile home parks may be permitted

in place of the required off-street parking by

constructing wider roadways. In such cases, on-

street parking shall be equal to the minimum ar-

ea required for an equal number of off-street

parking spaces, calculated at a minimum on-

street parking space width of eight (8) feet.

8.03.10 Storage Areas

An outdoor storage area or areas surfaced with

gravel, asphalt, concrete or similar surface shall

be provided for boats, trailers, camping units,

horse trailers and similar items in an amount

equal to one hundred (100) square feet per mo-

bile home space. Area beneath mobile homes

shall not be used to fulfill this requirement.

8.03.11 Service Buildings

Every mobile home park with more than twenty-

five (25) units shall provide sanitary facilities for

emergency use in a service building or office

building. These facilities shall consist of at least

one (1) flush toilet, one (1) lavatory and one (1)

shower.

Every campground shall provide one (1) or more

service buildings adequately equipped with flush

toilets, lavatories, showers and laundry facilities

meeting Colorado Department of Public Health

and Environment standards and subject to Colo-

rado Department of Public Health and Environ-

ment approval, along with compliance with all

applicable Las Animas County codes.

Service buildings shall be well-lighted, equipped

with appropriate signs and shall be well-

ventilated with screened openings.

Business sales outlets in mobile home park are

subject to all applicable Las Animas County zon-

ing regulations.

8.03.12 Utilities

An accessible, adequate, safe, reliable portable

water supply meeting all applicable water supply

standards shall be provided in each mobile

home park or campground and the system shall

be capable of furnishing an adequate supply, as

determined by the Planning Commission upon

due deliberation of the matter, per day per mo-

bile home or camping space. The number of

spaces to be occupied shall be limited to the

quantity of water available to supply each such

space with the minimum requirements. Where a

public supply of water is available, connection

shall be made thereto and its supply shall be

used exclusively. The development of an inde-

pendent water supply to serve a mobile home

park or campground shall be made only after

plans and specifications for such system have

received the required and appropriate approvals

from the Colorado Department of Public Health

and Environment.

Mobile home parks and campgrounds shall be

served by a public sewage collection and treat-

ment system or by a private central collection

and treatment system. The development of a

private central collection and treatment system

shall be undertaken only after plans and specifi-

cations for the proposed system have been ap-

proved by the Colorado Department of Public

Land Use Regulations Mobile Home Park & Campground Regulations — §8.03.12

8-4

Health and Environment and the Colorado Wa-

ter Pollution Control Commission; the granting of

such required approvals shall be a precondition

for the issuance of a special use permit.

All sewage disposal facilities, including all appur-

tenances thereto, shall be constructed, main-

tained and operated so as not to create a

nuisance or a health hazard. Each mobile home

space shall be provided with at least a four-inch

sewer connection. The sewer connection shall

be securely closed when not linked to a mobile

home and shall emit no odors. The mobile

home drain shall be watertight and self-draining

and constructed of material in compliance with

local plumbing codes and applicable State of

Colorado rules and regulations.

All campgrounds shall provide sufficient facilities

at sanitary stations for the sole purpose of re-

moving and disposing of wastes from all camp-

ing unit holding tanks in a clean, efficient and

convenient manner.

1. Each sanitary station shall consist of a

drainage basin constructed of impervious

material, containing a disposal hatch and

self-closing cover and related washing facili-

ties.

2. The disposal hatch of sanitary station units

shall connect to campground sewage dis-

posal systems. The related facilities re-

quired to wash holding tanks and the

general area of the sanitary station shall be

connected to the campground water supply

system.

3. Sanitary stations shall meet requirements of

and be approved by the Colorado Depart-

ment of Public Health and Environment.

Electrical outlets supplying 110 volts AC or

110/120 volts AC shall be provided for each mo-

bile home space but are not required for

campground spaces. Such installations shall

comply with all County electrical and other

codes requirements.

The storage, collection and disposal of refuse in

a mobile home park or campground shall be so

managed as to create no health hazards, rodent

harboring, insect-breeding areas, accident haz-

ards or air or water pollution. All refuse shall be

stored in containers resistant to water, insects

and rodents and shall be provided in sufficient

numbers, capacity and various locations as to

prevent any refuse from overflowing or blowing

away.

In mobile home parks, such containers shall be

provided in permanent locations screened by

appropriate flora and/or fencing. Methods of

storage, collection and disposal of refuse in all

mobile home parks and campgrounds shall

comply with all applicable County and State of

Colorado rules, regulations and laws.

Consideration shall be given to the provision of

other services such as natural gas, propane, tel-

ephone and cable television.

All mobile home parks and campgrounds shall

be equipped at all times with fire-extinguishing

equipment in good working order and of such

type, size and number and so located as pre-

scribed by the County Building Inspector.

8.04 Waiver of Mobile Home Park and

Campground Design Standards and Speci-

fications

The mobile home park and campground design

standards and specifications contained in Section

8.03 may be waived or amended in accordance with

the procedures and criteria contained within Section

1.11.

8.05 Submittal Requirements

Application for a special use permit for a mobile

home park or campground as a special use shall

require: (1) submission of an application on a form

provided by Las Animas County; (2) submission of a

letter of intent; and (3) submission of the special

application materials specified within this regulation.

The appropriate filing fees (see Chapter XII) shall

accompany submission of these materials.

At the discretion of the Planning Commission, and

upon written request of the applicant, any but not all

of these submission requirements may be waived in

cases where the applicant demonstrates that provi-

sion of the specific items would prove unnecessarily

burdensome or inappropriate. In special cases, the

Planning Commission may require, at its discretion,

the submission of additional technical information

and plans not specified herein.

Land Use Regulations Mobile Home Park & Campground Regulations — §8.05

8-5

The specific submittal materials to be submitted to

the Planning Commission, in addition to a completed

application form and the required filing fees, shall

include:

1. A letter of intent including the items required by

Section 2.15.02.

2. A site plan at a scale of not less than one (1)

inch equaling fifty (50) feet or other scale ac-

ceptable to the Planning Commission. Such site

plan shall include, at a minimum, the following

information and other such additional items as

the applicant shall wish to include:

a. The applicant's name, legal mailing address

and telephone number and, if different, the

same information for the proposed operator/

managers.

b. The name, legal mailing address and tele-

phone number of the persons and/or organi-

zations preparing the site plan.

c. A north arrow, scale and scale bar required

on all maps submitted in conformance.

d. Township, range and section numbers.

3. Typical plot plans for individual mobile home

and/or camping unit spaces at a scale of one (1)

inch equaling ten (10) feet.

4. Typical street and walkway sections.

5. The number, location and size of all mobile

home and/or campground spaces and the gross

density of such spaces.

6. The location and width of roadways, sidewalks

and pedestrian ways including details on all ad-

ditions to the public roadway system and written

approvals, as required, from the Colorado De-

partment of Transportation and all other appro-

priate agencies for construction of the proposed

roadway system, including access roads and

highway access.

7. The location, size and surfacing of motor vehicle

parking lots and recreation and open space and

all other dedicated and reserved land and all

easements.

8. The location or service buildings and all other

proposed structures.

9. Grading and drainage plans including:

a. A drainage plan showing existing and pro-

posed installations and structures, including

but not limited to channels, culverts and in-

lets and volumes of discharge calculated in

CFS that may affect the site and adjacent

public or private lands.

b. An overlay grading plan shall be furnished,

at the discretion of the Planning Commis-

sion, when proposed grading would signifi-

cantly modify the existing drainage.

c. A portrayal of areas subject to periodic

flooding within the site and proposed struc-

tural and nonstructural mitigation measures

proposed to address problems of periodic

flooding on and adjacent to the site.

10. The proposed source of water supply, electrical

and other services and sewage and rubbish dis-

posal.

11. Plans and specifications for all buildings, utilities

and other improvements to be constructed or al-

tered within the mobile home park or

campground.

12. The location and type of flora to be planted and

areas to be seeded or sodded as part of the

overall landscaping program.

13. A plat of the proposed development site showing

the location of all existing and proposed utilities

and all land to be dedicated to the public prior to

the issuance of a special use permit. This item

may be included on the site plan described in

Paragraph 2. above.

14. The type, size and location of all screening and

fencing.

15. Such additional information and data as may be

reasonably specified by the Planning Commis-

sion.

8.06 Criteria for Action on a Special Use Permit

for a Mobile Home Park or Campground as

a Special Use

All actions by the Planning Commission in reviewing

and making recommendations on a special use

permit for the site selection, development or altera-

tion of a mobile home park or campground as a

Land Use Regulations Mobile Home Park & Campground Regulations — §8.06

8-6

special use and by the Board of County Commis-

sioners in approving or disapproving such applica-

tions shall be based in general upon the provisions

of these Regulations and specifically on the follow-

ing criteria:

1. The criteria contained in Section 2.15.03.

2. That a demonstrated need exists for the pro-

posed development and that its proposed site is

consistent will all County and other local and re-

gional master plans and service plans.

3. That all required application materials have been

properly prepared and submitted to Las Animas

County that all filing fees have been paid and

that the proposed mobile home park or

campground development plan will meet the de-

sign standards and specifications contained in

Section 4.03.

8.07 Guarantee of Performance

Prior to the issuance of said special use permit, the

applicant shall surrender to Las Animas County

suitable collateral in an amount mutually satisfactory

to the applicant and to the Board of County Com-

missioners. Said collateral shall be in the form of a

payment and performance bond to cover in full the

cost of all proposed and required site improvements.

As such site improvements are completed, the col-

lateral shall be released by the Board of County

Commissioners in accordance with the procedures

specified in Section 8.03.

8.08 Permit Conditions: Occupant Registration

and Residency

No special use permit for a mobile home park or

campground shall be issued by the Board of County

Commissioners unless and until the following condi-

tions are made a part of the permit and are agreed

to by the applicant:

8.08.01 Registration of Occupants

It shall be the duty of each permittee or operator

of a mobile home park or campground if other

than the permittee to maintain a register of all

mobile home or camping unit owners and occu-

pants within the park or campground. The regis-

ter shall contain the following information:

1. The name and address of the owners or oc-

cupants of each mobile home or camping

unit.

2. The make, model, year of manufacture and

license number of each mobile home or

camping unit and motor vehicle.

3. The jurisdiction issuing such licenses.

4. The date of arrival and the date of departure

of each mobile home or camping unit.

The mobile home park or campground shall

keep the register available for inspection at all

times by law enforcement personnel, public

health officials and agents and employees of

Las Animas County whose duties require use of

the information contained therein. The register

record shall be maintained and kept on file for a

previous twelve-month period.

8.08.02 Maximum Residency

No camping unit shall be allowed to occupy

space within a campground for a period exceed-

ing six (6) months.

8.08.03 Management and Maintenance

The permittee or, if other than the permittee, the

operator of a mobile home park or campground

shall operate such mobile home park or

campground in compliance with this regulation

and the other applicable provisions of these

Regulations and all additional rules, regulations

and laws of Las Animas County and provide ad-

equate supervision to maintain the park or

campground together with its facilities and

equipment in good repair and in clean and sani-

tary condition at all times.

9-i

CHAPTER IX

OIL AND GAS REGULATIONS

9.01 Authority ......................................................................................................................................................... 9-1

9.01.01 Purpose ....................................................................................................................................... 9-1

9.01.02 Jurisdiction .................................................................................................................................. 9-1

9.01.03 General Procedures .................................................................................................................... 9-1

9.01.04 Minor Oil and Gas Facilities: Processing .................................................................................... 9-2

9.01.05 Major Facilities: Processing ........................................................................................................ 9-3

9.01.06 Submittal Requirements .............................................................................................................. 9-5

9.01.07 Fee Schedule .............................................................................................................................. 9-5

9.01.08 Review and Referrals: Major Facilities ....................................................................................... 9-5

9.01.09 Major Facilities Review Criteria ................................................................................................... 9-6

9.01.10 Record of Comments .................................................................................................................. 9-6

9.01.11 Duration, Modifications, Pre-Existing Uses, Severability ............................................................. 9-7

9.01.12 Severability .................................................................................................................................. 9-7

9.01.13 Violation and Enforcement .......................................................................................................... 9-7

9.01.14 Emergency Preparedness Plan Required ................................................................................... 9-8

9.02 Oil and Gas Performance Standards ............................................................................................................. 9-9

9.02.01 Compliance ................................................................................................................................. 9-9

9.02.02 Land Use Coordination Standards .............................................................................................. 9-9

9.02.03 Environmental Quality Standards ................................................................................................ 9-10

9.02.04 Surface Disturbance Standards .................................................................................................. 9-12

9.02.05 Miscellaneous Provisions ............................................................................................................ 9-13

9.02.06 Special Exceptions ...................................................................................................................... 9-13

9.02.07 Board Review of Granted Permit ................................................................................................. 9-13

9.03 Oil and Gas Definitions .................................................................................................................................. 9-13

Land Use Regulations Oil & Gas Regulations — §9.01

9-1

CHAPTER IX

OIL AND GAS REGULATIONS

9.01 Authority

Title 29, Article 30 and Title 30, Article 28 of the

Colorado Revised Statutes, as amended, authorize

the Regulations. Any reference to, or incorporation

of, requirements imposed by the Colorado Oil and

Gas Conservation Commission (COGCC) shall not

be construed as providing independent authority to

Las Animas County to enforce such requirements.

9.01.01 Purpose

This Chapter is enacted to protect and promote

the health, safety, morals, convenience, order,

prosperity or general welfare of the present and

future residents of Las Animas County. It is the

County's intent by enacting this Chapter to facili-

tate the development of oil and gas resources

within the unincorporated area of Las Animas

County while mitigating potential land use con-

flicts between such development and existing,

as well as planned, land uses. It is recognized

that, under Colorado law, the surface and min-

eral estates are separate and distinct interests in

land and that one may be severed from the oth-

er. Owners of subsurface mineral interests have

certain legal rights and privileges, including the

right to use that part of the surface estate rea-

sonably required to extract and develop their

subsurface mineral interests, subject to compli-

ance with the provisions of this Chapter and any

other applicable statutory and regulatory re-

quirements. Similarly, owners of the surface es-

tate have certain legal rights and privileges,

including the right to have the mineral estate de-

veloped in a reasonable manner and to have

adverse land use impacts upon their property,

associated with this Chapter minimized. Should

it be established by competent evidence that a

proposed major facility, as defined herein, can-

not be operated in compliance with this Chapter,

County land use approval for such a facility may

be denied.

9.01.02 Jurisdiction

This Chapter shall apply to all lands within the

unincorporated area of Las Animas County, ex-

cept only to the degree and to the extent the

County's jurisdiction is preempted by federal or

state law, or by direct federal jurisdiction (Pinon

Canyon Maneuver site).

9.01.03 General Procedures

Development of oil and gas facilities within the

unincorporated areas of Las Animas County

shall be subject to the provisions of this Chapter

and any other applicable regulations of Las

Animas County, as well as any state or federal

entities or agencies having jurisdiction over such

development.

Construction, installation and operation of oil

and gas facilities which are subject to this Chap-

ter shall not commence until administrative ap-

proval has been granted by the Planning

Director or after recommendation following pub-

lic review by the Planning Commission and ap-

proval and granting of a permit by the Board of

County Commissioners.

Minor oil and gas facilities, as defined herein,

which comply with the applicable standards and

requirements of this Chapter shall be granted

approval by the Planning Director upon the ap-

plicant's submittal of satisfactory documentation,

in the manner prescribed, that the facility is in

compliance with the standards set forth herein.

Special mitigation measures may be required for

minor facilities, which do not comply with the

standards set forth herein. The Planning Direc-

tor shall grant approval for minor facilities requir-

ing special mitigation measures, provided that

the applicant submits satisfactory documentation

to the Planning Director that an appropriate miti-

gation plan for the facility will be implemented in

accordance with this Chapter.

Planning Commission review and recommenda-

tion together with Board review and approval

shall be required for activities and facilities clas-

sified as major facilities.

The Planning Director and his or her designee,

unless otherwise provided by the Board of

County Commissioners, shall be the authorized

representative of Las Animas County with re-

gard to the application of this Chapter. The re-

quirements of all applicable chapters of these

Regulations, to the extent not in conflict with the

requirements of this Chapter, also apply to oil

and gas facilities, it being the intention of the

Land Use Regulations Oil & Gas Regulations — §9.01.03

9-2

County that this Chapter not be the exclusive

regulation of such facilities. As an example, but

not by way of limitation, the General Provisions

of Chapter 1, the Sign Code Regulations of

Chapter VI and the fee, enforcement, violations

and penalties provisions of Chapters XI and XII

also apply to oil and gas facilities.

9.01.04 Minor Oil and Gas Facilities: Pro-

cessing

Applications for County land use approval for

proposed minor facilities as defined herein shall

be processed administratively by the Planning

Director, provided that the information in the ap-

plication establishes that the proposed use

complies with the minimum requirements for

such facilities as set forth in this Chapter. Appli-

cations for such minor oil and gas facilities shall

receive approval without Planning Commission

or Board of County Commissioners hearing or

review, in accordance with the procedures set

forth herein. An application that the Planning Di-

rector finds to comply with the relevant stand-

ards shall be granted administrative approval

within fourteen (14) working days, with notifica-

tion to the applicant as soon as possible but in

no event later than twenty (20) working days of

the filing of the application.

Should the Planning Director fail to notify the

applicant of his or her decision on the applica-

tion within twenty (20) working days, the applica-

tion shall be deemed approved.

1. Application: Submittal Procedure. The ap-

plication shall include information and/or

documentation establishing that the pro-

posed minor facility complies with all appli-

cable requirements of this Chapter and shall

be in the form prescribed by Section 9.01.06

herein. The application shall contain a certi-

fication from the applicant or its designated

agent (accompanied by a written designa-

tion of agent in the form prescribed by the

County) that the proposed facility complies

with all applicable provisions of this Chapter,

and that the information in the application,

as well as in any documentation submitted,

is true and accurate.

2. Administrative Determination of Compliance.

a. If the application is found to be com-

plete, containing all information and/or

documentation required by this Chapter,

the Planning Director shall then review

the application for the compliance with

applicable standards and requirements.

The Planning Director shall complete

this review within fourteen (14) working

days of submittal. Should the infor-

mation in the application and any ac-

companying documentation establish

that the proposed minor facility will be

constructed and operated in compliance

with all applicable standards and re-

quirements of this Chapter, then the

Planning Director shall issue written ap-

proval for the proposed minor facility.

Within six (6) working days of adminis-

trative approval for a minor facility, the

Planning Director shall provide written

notification of the decision to the appli-

cant or its designated agent. Should the

Planning Director determine that the

proposed minor facility will not or cannot

be constructed and operated in compli-

ance with all applicable standards and

requirements of this Chapter, then he or

she shall issue a written denial of the

application, stating with specificity the

grounds for its decision. The Planning

Director shall issue such written notifica-

tions within six (6) working days of ad-

ministrative approval or denial.

b. The visual impact and visual mitigation

provisions of this Chapter shall apply if:

1) The well or facility is located within

three hundred fifty (350) feet of an

existing residential dwelling, unless a

waiver is obtained in writing from the

homeowner; or

2) Public facilities, including public

parks, schools, hospitals or similar

facilities, are within a one-thousand-

foot radius of the well or facility; un-

less a waiver is obtained in writing

from the County, school district, hos-

pital association or other public enti-

ty; or

3) If the facility or well is located within

two hundred (200) feet of a main-

tained public highway.

Land Use Regulations Oil & Gas Regulations — §9.01.04

9-3

3. Appeal of Administrative Denial

Should Planning Director deny administra-

tive approval, the applicant may request

County land use approval by the filing of a

written appeal with the Board of County

Commissioners within ten (10) days of re-

ceipt of written notification of such denial.

Such an appeal shall be in writing and state

with specificity the grounds for approval.

The Board of County Commissioners shall

proceed to consider and decide the appli-

cant's appeal within thirty (30) working days

of its receipt. Upon request of the applicant,

the Board of County Commissioners shall

provide it with an opportunity to be heard on

such an appeal. Should the applicant re-

quest a hearing on its appeal, the Planning

Director shall be notified and given an op-

portunity to present evidence at the hearing.

Should the applicant provide satisfactory

documentation that the proposed minor facil-

ity complies with all applicable requirements

of this Chapter, the Board of County Com-

missioners shall approve the application

forthwith.

4. Notice to Property Owners.

An application for approval of a proposed

minor facility when submitted to Planning Di-

rector shall include a written certification by

the applicant or its designated agent that

written notice of the application has been

made as follows:

a. To the current owner or owners of the

parcel of land within which the minor fa-

cility is proposed to be located.

b. By posting a sign at the intersection of

the leasehold access road and the

nearest maintained public highway, or at

the request of the applicant such other

place as may be approved by the Plan-

ning Director, which is the same sign

and/or contains the same information

required for posting at the site per

COGCC Rule 305, et seq. The sign to

be posted must be not less than twenty-

two (22) inches wide and not less than

twenty-six (26) inches high composed of

letters not less than one (1) inch in

height.

c. By publication in a local newspaper of

the notice contained in Paragraph

9.01.05.3.b. below.

5. Notice to Property Owners by County.

Upon receipt of an application, the Planning

Director will send notice to all surface own-

ers within one thousand (1,000) feet of a

wellhead of the application by certified mail.

The sufficiency of said notice by Planning

Director will not affect the processing of the

application.

6. Expedited Approval Upon Emergency Cir-

cumstances.

The Planning Director may issue a permit in

less than ten (10) days' time if an operator

files a sworn statement and demonstrates to

the satisfaction of the Planning Director that

the operator had the right or obligation under

the terms of an existing contract to drill a

well and that the right or ability to drill will be

lost or terminated unless the operator can

immediately drill.

9.01.05 Major Facilities: Processing

All applications for major facilities (as defined

under Section 9.03 of this Chapter) shall be

scheduled for public review before the Planning

Commission and the Board of County Commis-

sioners in accordance with the provisions of this

Chapter. The Planning Commission shall review

such applications at a scheduled public meeting

and forward a recommendation for approval,

conditional approval or denial with appropriate

findings to the Board of County Commissioners

for final action. Board action on an application

for a major facility shall be scheduled for a public

hearing within thirty (30) days of the date of the

Planning Commission's action on the applica-

tion. Final actions of the Board of County Com-

missioners shall contain appropriate findings

based upon competent evidence in the record

before the Board of County Commissioners.

1. Application: submittal procedure.

The major facility application shall consist of

all items identified in Section 9.01.06 of this

Chapter. Prior to formal submittal of the ap-

plication, the Planning Director shall meet

with the applicant to discuss and identify any

additional information required to adequately

review the proposed facility.

Land Use Regulations Oil & Gas Regulations — §9.01.05

9-4

2. Determination of completeness.

The Planning Director will review the appli-

cation for completeness within fourteen (14)

working days of submittal. If the application

is deemed complete, the Planning Director

will commence project review as described

in Sections 9.01.08 and 9.01.09 of this

Chapter. If the application is incomplete, the

applicant will be notified of the deficiency

and the application shall be withdrawn from

the review process until the required infor-

mation is submitted. If the Planning Director

fails to advise the applicant that the applica-

tion is incomplete, the application shall be

deemed complete for processing purposes.

Major facility applications must be complete

at least fourteen (14) days prior to a sched-

uled Planning Commission meeting at which

said application is scheduled for review.

The Planning Commission shall conduct a

noticed public meeting for review of the pro-

posed major facility. The application shall

be considered at a scheduled Planning

Commission meeting held no less than four-

teen (14) days following public notice of

hearing. On the basis of competent evi-

dence received at such a public meeting, the

Planning Commission shall make its rec-

ommendation to the Board of County Com-

missioners regarding approval, conditional

approval or denial of the application. Such

Planning Commission actions shall contain

appropriate findings or reasons in support of

the recommendation. The Planning Com-

mission may continue a public meeting on

an application to a date certain, not to ex-

ceed sixty (60) days. The Planning Com-

mission shall render its written decision

regarding a recommendation on the pro-

posed facility within thirty (30) days of the

evidentiary phase of the public meeting.

3. Notice of Planning Commission Review.

Not less than fourteen (14) days prior to the

public meeting established to consider the

major facility application, a legal notice of

the public meeting before the Planning

Commission shall be published in a news-

paper of general circulation within the Coun-

ty and written notice shall be given

individually to the following:

a. The owners, as recorded in the records

of the County Assessor, of any land ad-

jacent to or located within one-half (½)

mile (2,640 feet) of any portion of the

subject site, said notice to be sent by

the applicant by certified mail at the ap-

plicant's expense.

b. The Public Notice of Planning Commis-

sion Review shall take a form prescribed

by the Planning Director and shall in-

clude the following:

1) A description of the location (includ-

ing a legal and practical location de-

scription), applicant/ operator and

proposed activity under review.

2) Time and place of the Planning

Commission's public meeting.

3) The name and address of the appli-

cant and/or its designated agent, and

a statement that additional infor-

mation may be obtained from the

Planning Director.

4. Notice upon request.

Notice shall be sent to any other person,

agency or organization that has filed a writ-

ten request with the Planning Director to re-

ceive notice of major facilities undergoing

public review, said notice to be sent by the

Planning Director.

5. Planning Commission review.

The Planning Commission shall conduct a

public meeting for review of a major facility

no earlier than fourteen (14) days following

submittal of a complete application. The

Planning Commission shall issue a recom-

mendation to the Board of County Commis-

sioners concerning the facility's compliance

with applicable standards and requirements

as well as the appropriateness of the facility

in the location proposed in accordance with

the review criteria set forth in Section

9.01.09.

6. Board of County Commissioners review.

The Board of County Commissioners shall

conduct a public hearing for review of the

major facility within thirty (30) days of the

Land Use Regulations Oil & Gas Regulations — §9.01.05

9-5

date of issuance of the Planning Commis-

sion recommendation. The Board of County

Commissioners may continue a public hear-

ing to a date certain not to exceed thirty (30)

days in order to receive additional testimony

or information. The applicant may request a

continuation of the public hearing for good

cause shown, satisfactory to the Board of

County Commissioners, to a date certain,

not to exceed thirty (30) days. The Board of

County Commissioners shall render its writ-

ten decision on the application within thirty

(30) days of the close of the hearing.

9.01.06 Submittal Requirements

Submittal requirements are as found in the fol-

lowing table:

Elements Minor Major

1. Application X X

2. Narrative, including:

operating plan X

estimated number of site visits by

vehicles

other site specific information,

identified and requested at a

preapplication conference

3. Emergency contact (telephone, person) X

4. Site plan (map prepared for survey and

location purposes by the applicant's

surveyor may be used as per state and

federal requirements), including

north arrow and appropriate scale X X

existing improvements X X

utility easements, right-of-way X X

irrigation ditches crossing or within

100 feet of site

X X

drainage plans (onsite, offsite) X

proposed facilities X X

other site specific information

identified and requested at a

preapplication conference

current surface ownership of facility

site

X X

5. Vicinity maps (county assessor's or

U.S.G.S. quad maps may be used as

base map), including

section, township and range X X

Elements Minor Major

site boundary X X

north arrow and scale X X

major geographic features, to include

bodies of water, roads, utility

corridors

current surface ownership within one-

half mile of site, to include names of

platted subdivisions and approximate

locatin of residences

The submittal requirements of this table may be

met by submission of the applicable COGCC

APD (Forms 2 and 2A). Applicants will not be

required to provide duplicative information but

will be required to supply information not con-

tained within the COGCC APD.

9.01.07 Fee Schedule

The application fees to be imposed pursuant to

this Chapter are set forth in Chapter XII.

9.01.08 Review and Referrals: Major Facili-

ties

The Planning Director may, at his or her sole

discretion, refer the application to other govern-

ment agencies or entities for review and com-

ment. For major facilities, the reviewing

agencies will be asked to return their comments

within ten (10) days of the receipt of the referral,

or as otherwise provided by state law:

Oil and gas facilities shall also be reviewed for

general consistency with the standards and poli-

cies set forth in the following documents:

1. The Las Animas County Oil and Gas Regu-

lations.

2. The Las Animas County Land Use Regula-

tions.

3. The Las Animas County Master Plan.

4. Colorado Department of Transportation

Drainage Design Specifications and Stand-

ards.

5. Plans and regulations of municipalities in

Las Animas County if applicable.

6. Other applicable local, county, state and

federal plans, policies and regulations.

Land Use Regulations Oil & Gas Regulations — §9.01.09

9-6

9.01.09 Major Facilities Review Criteria

The Board of County Commissioners' decision

to approve or deny an application for a major fa-

cility shall be made and determined based upon

its compliance with all applicable performance

standards and other requirements of this Chap-

ter and by applying the following evaluative crite-

ria to the evidence in the record of proceedings

before the Board of County Commissioners:

1. Need.

The demonstrated need for the facility, in the

location proposed, to serve the applicant's

existing and projected oil and gas develop-

ment, production and operational require-

ments. Primary consideration should be

given to a mineral owner or lessees' desire

to remove, extract and/or transport its min-

erals.

2. Suitability.

Suitability of the location of the proposed fa-

cility given its size, design and operational

characteristics. Factors to be considered in-

clude noise levels, impacts on air and water

quality, vibration and odor levels, fire protec-

tion and access requirements, visual im-

pacts, wildlife impacts and public safety.

These factors will be evaluated in accord-

ance with applicable State, County and

Federal standards and criteria.

3. Adequacy of Existing Roads and Access to

the Site.

Factors to be considered are topography,

natural hazards (landslides, flooding, wild-

fire), current resource values (open space

corridor, prime farmland as designated by

Natural Resource Soil Conservation Service,

wildlife habitat).

4. Compatibility.

Compatibility with existing uses and those

which can be projected, based upon present

subdivision and land use approvals for

properties located within or around the af-

fected area as determined by the Board of

County Commissioners based upon compe-

tent evidence in the record. A facility's com-

patibility with land uses in the surrounding

area, which the Board of County Commis-

sioners finds will be effected by its opera-

tion, shall be determined by the facilities'

estimated or projected ability to mitigate the

impacts which it generates, as set forth in

the facility operational plan, and in accord-

ance with applicable County, state and fed-

eral rules, regulations and standards.

5. Decision.

The Board of County Commissioners' deci-

sion shall be based upon competent evi-

dence in the record. Following the

conclusion of the public hearing, the Board

may proceed to render its decision on the

application, or it may take the matter under

advisement to an announced date certain

not to exceed thirty (30) days, at which time

it shall render its decision. A written resolu-

tion shall be adopted as its final action or

decision on the application. This written

resolution shall set forth findings based upon

competent evidence in the record of pro-

ceedings before the Board of County Com-

missioners and any applicable federal, state

or County statutes, rules, regulations or poli-

cies. The Board of County Commissioners

shall prepare the written resolution for the

Board of County Commissioners' considera-

tion within thirty (30) days of the public hear-

ing. For the purposes of judicial review, the

Board of County Commissioners' final action

or decision on an application shall be

deemed to have been made as of the date

upon which the Board of County Commis-

sioners executes the written resolution,

which shall constitute the Board of County

Commissioners' final action or decision.

9.01.10 Record of Comments

Where applications are scheduled for public re-

view, the Planning Commission shall provide for

comments on the application at the meeting pre-

scribed in Section 9.01.05 of this Chapter.

Comments from the reviewing agencies will also

be provided. Comments from interested mem-

bers of the public will be received at the meeting

and incorporated into the written transcript of the

meeting. A written draft copy of the minutes will

be made available to any interested party within

ten (10) days of said meeting, by the Planning

Director.

Land Use Regulations Oil & Gas Regulations — §9.01.10

9-7

For minor facility applications, the record of

comments shall consist of the contents of the

project file.

9.01.11 Duration, Modifications, Pre-

Existing Uses, Severability

1. Duration

Approval granted for minor and major facili-

ties shall expire or be considered revoked if

construction of the facility has not com-

menced within one (1) year of the date of

approval. The applicant may request in writ-

ing an extension on an application of six (6)

months, and must be approved by the Plan-

ning Director and/or the Board of County

Commissioners.

2. Modifications.

Where a minor or major facility has been

approved and the applicant desires to modi-

fy the subject facility by changes to equip-

ment, site lay-out, approved operating plan,

etc., an amendment to the original applica-

tion shall be required if the level of impact as

defined in the Oil and Gas Performance

Standards will be increased as a result of

the modification. The activity described in

the amendment to a minor or major facility

will be granted administrative approval if it

complies with the Performance Standards.

(In cases where the amendment would con-

sist of the addition of a major facility, public

review shall be required as described in

Section 9.01.05, Major Facilities: Pro-

cessing.)

Modifications which the applicant deter-

mines in good faith are required in order for

the facility to continue operating and which

must be done immediately in order to main-

tain the existing level of production or opera-

tion may be done on an emergency basis,

without prior notice or approval by the Plan-

ning Director, provided that such modifica-

tions do not include the addition of

equipment or operations associated with a

major facility. The applicant shall provide

the Planning Director with notification of

such emergency modifications by filing a

written amendment to the application, speci-

fying the modifications, within two (2) work-

ing days of their completion.

For modifications for existing facilities that

have received an SUP through the Las Ani-

mas County SUP process as of the effective

date of the amendments to the Regulations

(expected to be amended as of April 2,

2002), the fee for a permit for such modifica-

tion shall be one thousand dollars

($1,000.00) and the applicant shall have the

choice of proceeding to apply for modifica-

tion through the former Las Animas County

SUP process or under this Chapter. The

ability to choose the mode by which modifi-

cation can be requested either through the

former SUP process or under the proce-

dures and standards set forth in this Chapter

shall exist for a period of one (1) year from

the effective date of amendments (anticipat-

ed to be April 2, 2002). Future amendments

to this Chapter, if any, shall not serve to ex-

tend this ability to choose between the SUP

or this Regulation process unless specifical-

ly stated therein.

3. Effective Date, Pre-Existing/Nonconforming

Uses.

This Chapter shall become effective on the

date specified in the adopting Resolution of

the Board of County Commissioners in ac-

cordance with Colorado law. The provisions

of this Chapter shall apply to all minor and

major facilities for which drilling has not

commenced or a building permit has not

been issued as of the effective date.

9.01.12 Severability

Each section, sentence, clause and phase here-

to is declared severable. If a court of competent

jurisdiction adjudges any section, sentence,

clause or phrase of this code to be invalid, the

decision shall not affect the validity of the re-

maining portions of this code.

9.01.13 Violation and Enforcement

1. Unlawful to construct or install unapproved

oil and gas facilities.

It is unlawful to construct, install or cause to

be constructed or installed any oil and gas

facility within the unincorporated areas of

Las Animas County, not subject to state and

federal jurisdiction, unless administrative

approval has been granted by the Planning

Director or approval by the Board of County

Commissioners.

Land Use Regulations Oil & Gas Regulations — §9.01.13

9-8

2. Penalty.

Subject to the provisions of Section 30-28-

124, C.R.S., as amended, any person, firm,

corporation or legal entity which owns, leas-

es or operates a minor or major oil and gas

facility, as defined herein, and which con-

structs, installs or uses, or which causes to

be constructed, installed or used, any minor

or major oil and gas facility without first re-

ceiving administrative approval from the

Planning Director, for minor facilities and

minor facilities requiring special mitigation,

or approval from the Board of County Com-

missioners for major facilities, shall be guilty

of a misdemeanor and, upon conviction

thereof, shall be punished by a fine of not

more than one hundred dollars ($100.00)

per day.

3. Civil action.

In case any building or structure is or is pro-

posed to be erected, constructed, recon-

structed, altered or used, or any land is or is

proposed to be used, in violation of any pro-

vision of this Chapter, the Las Animas Coun-

ty Attorney, or where the Board of County

Commissioners deems it appropriate, the

District Attorney, in addition to the other

remedies provided by law, ordinance or res-

olution, may institute an injunction, manda-

mus, abatement or other appropriate action

or proceeding to prevent, enjoin, abate or

remove such unlawful erection, construction,

reconstruction, alteration or use.

4. False or inaccurate information.

The Board of County Commissioners may

revoke approval of a facility if it is deter-

mined at a public meeting, held on at least

thirty (30) days' notice to the applicant, that

the applicant provided information and/or

documentation upon which approval was

based, which the applicant, its agents, serv-

ants and employees, knew or reasonably

should have known, was false, misleading,

deceptive or inaccurate. The applicant and

the Planning Director shall be provided with

an opportunity to be heard at the public

meeting prior to the Board of County Com-

missioners rendering its decision.

5. Liability insurance.

Each applicant for a permit shall maintain

general liability insurance for property dam-

age and bodily injury to third parties as re-

quired by the COGCC, and such policy shall

include Las Animas County as a certificate

holder so that the County may receive ad-

vance notice of cancellation.

6. Performance security.

The applicant shall provide one (1) form of

the following security to assure compliance

with mitigation requirements set forth in the

Regulations, damage to County roads and

specific conditions of approval for minor and

major facilities: five thousand dollar

($5,000.00) performance bond for each mi-

nor or major facility; fifty thousand dollars

($50,000.00) countywide blanket bond for all

facilities operated by the applicant within the

County; irrevocable letter of credit; or equiv-

alent financial security acceptable to the

County.

7. Right to enter.

For the purpose of implementing and enforc-

ing this Chapter, County personnel may en-

ter onto subject property upon notification of

the permittee, lessee, surface owner or oth-

er party holding a legal interest in the prop-

erty; if such entry is denied, the County shall

have the right to obtain an order from a court

of competent jurisdiction to obtain entry.

9.01.14 Emergency Preparedness Plan Re-

quired

Each operator with facilities in Las Animas

County is required to provide an emergency

preparedness plan. No application for a minor

or major facility shall be considered until the op-

erator has provided said plan to the County.

The plan shall be filed with the County and up-

dated on an annual basis or as conditions

change (responsible field personnel change,

ownership changes, etc.). The emergency plan

shall consist of the following information, as a

minimum:

1. Name, address and phone number, includ-

ing a 24-hour emergency number of at least

two (2) persons responsible for emergency

field operations.

Land Use Regulations Oil & Gas Regulations — §9.01.14

9-9

2. An as-built facilities map showing the

name, location and description of all minor

and major facilities, including the size and

type of all pipelines and isolation valves

(note: isolation valves shall not be operated

by anyone except the owner of the pipeline).

The map shall be prepared either manually

on U.S.G.S. 7.5 Minute Series maps

(1"=2000'), or digitally on the County Geo-

graphic Information System Parcel Maps, if

available. The as-built facilities map which

includes the information regarding the loca-

tion of isolation valves shall be held confi-

dentially by the County's Emergency

Management Staff and shall only be dis-

closed in the event of an emergency. The

County's Emergency Management Staff

shall deny the right of inspection of the as-

built facilities map to the public pursuant to

Section 24-72-204(3)(a)(IV), C.R.S. An op-

erator who is new to Las Animas County

and has no facility shall supply the infor-

mation in this Paragraph within six (6)

months of commencement of operations.

3. Provide a written response plan for the po-

tential emergencies that may be associated

with the operation of the facilities. This may

include any or all of the following: explo-

sions, fires, gas or water pipeline leaks or

ruptures, hydrogen sulfide or other toxic gas

emissions, or hazardous material vehicle

accidents or spills.

4. Project specific emergency preparedness

plans are required for any project (minor or

major) that involves drilling or penetrating

through known zones of hydrogen sulfide

gas, as determined by the County's Emer-

gency Management Staff. This plan shall be

coordinated with and approved by the Coun-

ty's Emergency Management Staff prior to

beginning field operations.

9.02 Oil and Gas Performance Standards

9.02.01 Compliance

All oil and gas facilities granted administrative

approval by the Planning Director, recommend-

ed for approval by the Planning Commission

and/or approved by the Board of County Com-

missioners must comply with the standards con-

tained herein. Failure to comply with these

standards shall be grounds for denial. For major

facilities, the Planning Director shall determine

the level of detail required in a submittal based

on the potential adverse impacts of the pro-

posed facility on the unique characteristics of the

proposed site and activity.

All mitigation measures shall be determined with

regard to the actual situation and actual land use

existing at the time of an application for a minor

or major facility. Thus, among the factors to be

considered are any building permits obtained

prior to the filing of an application for a minor or

major facility.

9.02.02 Land Use Coordination Standards

Purpose: to minimize conflicts between differing

land users.

1. Setbacks.

The visual impact and visual mitigation pro-

visions of this Chapter shall apply if:

a. The well or facility is located within three

hundred fifty (350) feet of an existing

residential dwelling, unless a waiver is

obtained in writing from the homeowner;

b. Public facilities, including public parks,

schools, hospitals or similar facilities are

within a one-thousand-foot radius of the

well or facility; unless a wavier is ob-

tained in writing from the County, school

district, hospital association or other

public entity; or

c. If the facility or well is located within two

hundred (200) feet of a maintained pub-

lic road.

2. Nuisance.

a. Security fencing and a locked gate for

minor and major facilities shall be re-

quired in the following locations:

1) Where there are four (4) or more ex-

isting residences within six hundred

sixty (660) feet of the facility site pe-

rimeter;

2) Where there is a public or private

school within six hundred sixty (660)

feet of the facility site perimeter;

Land Use Regulations Oil & Gas Regulations — §9.02.02

9-10

3) Where there is any other existing

structure with commercial occupancy

as defined by the Uniform Building

Code within six hundred sixty (660)

feet of the facility site perimeter;

4) Where there is an existing recrea-

tional facility designated by an ap-

propriate federal, state, local

authority within six hundred sixty

(660) feet of the facility site perime-

ter.

b. Safety practices generally accepted by

the oil and gas industry shall be used at

all times during drilling and production to

minimize the danger to the general pub-

lic.

c. Open-ended discharge valves on all

storage tanks, pipelines and other con-

tainers shall be secured where the facili-

ty site is unattended and/or accessible

to the general public.

d. All land within twenty-five (25) feet of

any tank, pit or other structure contain-

ing flammable or combustible materials

shall be kept free of dry weeds, grass or

rubbish.

e. Where the applicant's visual mitigation

plan specifies alternative security fenc-

ing, the alternative fencing shall apply.

9.02.03 Environmental Quality Standards

1. Visual impacts.

a. To the extent possible, minor and major

oil and gas facilities shall be located

away from prominent natural features

such as distinctive rock and landforms,

river crossings and other landmarks.

b. To the extent possible, minor and major

facilities shall be located to avoid cross-

ing hills and ridges or silhouetting.

c. To the extent possible, the applicant

shall use structures of minimal size to

satisfy present and future functional re-

quirements.

d. When clearing trees and vegetation for

construction of minor and major facili-

ties, the applicant shall feather and thin

edges of vegetation.

e. To the extent possible, the applicant

shall locate facilities at the base of

slopes to provide a background of to-

pography and/or natural cover.

f. The applicant shall replace earth adja-

cent to water crossings at slopes less

than the natural angle of repose for the

soil type of the site.

g. To the extent possible, the applicant

shall align access roads to follow exist-

ing grades and minimize cuts and fills.

h. Minor and major facilities shall be paint-

ed as follows:

1) Uniform, non-contrasting, non-

reflective color tones, similar to

Munsell Soil Color coding system.

2) Color matched to land, not sky,

slightly darker than adjacent land-

scape.

i. The applicant shall minimize damage to

existing trees and vegetation.

j. Pad dimensions for a minor facility shall

be the minimum size necessary to pro-

vide a safe work area and minimize sur-

face disturbance.

k. Reserved.

l. One (1) or more of the following land-

scape practices may be applied, on a

site specific basis:

1) Establishment of ground cover.

2) Shaping cuts and fills to appear as

natural forms.

3) Cutting rock areas to create irregular

forms.

4) Designing the facility to utilize natural

or planted screens.

Land Use Regulations Oil & Gas Regulations — §9.02.03

9-11

5) Construction of fences for use with or

instead of landscaping.

m. Exterior lighting shall be directed away

from residential areas, or from said are-

as.

n. The provisions of Paragraphs

9.02.03.a.1 through 9.02.03.a.7 shall be

waived if the operator notifies the Coun-

ty that geologic considerations preclude

compliance.

2. Visual mitigation plan.

If the visual mitigation requirements of this

Chapter are triggered by the setback provi-

sions noted in Paragraph 9.02.02.a above:

a. A visual mitigation plan may be required

for all new minor and major facilities.

The plan should incorporate the appro-

priate design elements of items 1.a

through 1.m above, and include the de-

sign information in Paragraph b. below.

The County Planning Director may

waive the requirement for a visual miti-

gation plan if a plan is deemed unnec-

essary. The Planning Director or Board

of County Commissioners designee ap-

pointed by resolution shall have discre-

tion to choose what combination of

elements are required mitigation under

Paragraph 1.l above for minor facilities.

The Board of County Commissioners

shall have discretion with regard to the

same matter as to major facilities.

b. Visual mitigation plan minimum re-

quirements:

1. Scaled drawing.

2. Site boundary dimensions and de-

scriptions.

3. Existing and proposed contours and

pad elevations.

4. Existing conditions and site features

that incorporate and surround said

site to be developed.

5. Existing and proposed access.

6. Cross-section of existing and pro-

posed contours, if applicable.

7. Orientation and dimensions of facili-

ties (pump jacks, buildings, etc.).

8. Description of existing and proposed

vegetation.

9. Location, height and extent of perim-

eter berms, if applicable.

10. Type, location and amount of mulch

materials, if applicable.

11. Type, location and height of fencing,

if applicable.

12. Delineate drainage and run-off pat-

terns and mitigation.

13. Direction and type of lighting, if ap-

plicable.

14. Written maintenance and irrigation

plan for at least one (1) year after

reclamation.

15. Title block:

a) Name of development.

b) Name of applicant or developers.

c) Project number.

d) Date of preparation.

e) Section, township and range.

16. Vicinity map.

a) Major roads, adjacent subdivi-

sions and town boundaries.

b) Section, township and range.

c) Rivers, streams, ponds and wet-

lands.

c. Performance security: For sites requir-

ing a visual mitigation plan, performance

security shall remain in place for at least

one (1) year after installation of the plant

and landscape materials. The perfor-

mance security shall be of an amount

sufficient to cover the costs of the pro-

posed improvements or the amount re-

quired by Section 9.01.13.6, whichever

is greater.

Land Use Regulations Oil & Gas Regulations — §9.02.03

9-12

3. Wildlife.

a. Impact zone.

When a major facility is located within a

designated moderate, high or very high

impact area on the Environmental Con-

straints Map based on information pro-

vided by the Division of Wildlife, the

applicant shall consult with the Division

of Wildlife to obtain recommendations

for appropriate site specific and cumula-

tive impact mitigation procedures. Major

facility and cumulative impact recom-

mendations shall be submitted for re-

view and approval by the Planning

Director, not to exceed the recommen-

dations of Division of Wildlife.

b. Site specific.

The following mitigation measures shall

be included as appropriate in the site

specific wildlife mitigation procedures

required under Paragraph a. above, as

appropriate.

1) Avoid construction activities during

critical use periods. (Examples: near

eagle nests during nesting, on big

game winter ranges during winter.)

2) Avoid conducting on-site operation

and maintenance activities during

critical use hours.

3) Confine vehicular access to estab-

lished roads except under emergen-

cy circumstances.

4) Forbid use of firearms in project are-

as.

5) Install gates that can be locked at the

first property boundary crossed when

accessing facility from closest public

road.

6) Conduct work in streams in a man-

ner that minimizes siltation and ero-

sion and at a period of little or no

flow.

7) Place pipe below channel scour

depths in streams and rivers to avoid

partial diversion or channel dis-

charges.

8) Stabilize excess material at stream

and river crossings in place or re-

move offsite.

9) Complete fueling and lubrication of

construction equipment away from

aquatic environments.

c. Non-mitigable impacts.

As to major facilities non-mitigable im-

pacts from oil and gas facilities that

threaten endangered species (as identi-

fied by the U.S. Fish and Wildlife Ser-

vice) shall be considered grounds for

denial.

4. Water.

On-site containment and disposal of water

associated with minor and major facilities

shall be in accordance with any applicable

federal and state requirements.

5. Geologic hazard areas, floodplains.

Major facilities shall not be located in geo-

logic hazard areas (as determined by the

Planning Director). Major facilities shall

comply with the adopted County Floodplain

Ordinance when they are located in a one-

hundred-year floodplain area.

9.02.04 Surface Disturbance Standards

Purpose: to encourage minimal damage to sur-

face activities and surface conditions.

1. Roads and access.

Installation of major facilities which are ac-

cessible by non-maintained roads included

in the County road system, which the Coun-

ty Road Supervisor determines are inade-

quate to safely accommodate the additional

traffic associated with the operation of the

facility, shall be permitted only if such roads

are improved and maintained by the appli-

cant to a level which the County Road Su-

pervisor determines is necessary to allow

such traffic to use such roads in accordance

with applicable state and County standards.

2. Waste disposal.

a. When a minor or major facility becomes

operational, all construction-related de-

bris shall be removed from the site. The

Land Use Regulations Oil & Gas Regulations — §9.02.04

9-13

site shall be maintained free of debris

and excess materials at all times during

operation.

b. No burning of trash shall occur on-site.

The appropriate fire district must ap-

prove all controlled burns.

3. Weed control.

a. The applicant shall be responsible for

ongoing minor and major facility sites

and access road weed control during

construction and operation of the facility,

until the OGCC reclamation bond is re-

leased or operation of the major facility

is terminated.

b. The appropriate weed control methods

and species to be controlled shall be de-

termined through review and recom-

mendation by NRCS and Las Animas

County Weed Coordinator.

9.02.05 Miscellaneous Provisions

1. Oil and gas facilities shall be located and

designed so as to provide access by fire or

other emergency response personnel and

vehicles.

2. The operator shall undertake appropriate

dust abatement measures related to their

operations as approve by the Planning Di-

rector with respect to unpaved leasehold or

County roads.

3. All storage tank batteries shall be bermed,

subject to requirements placed on oil and

gas facilities according to COGCC rules and

regulations.

4. The operator shall, upon plugging and

abandonment of any well, remove all

pumps, tank batteries and other equipment

from the location, and restore the surface of

the land, including revegetation, in accord-

ance with the COGCC requirements.

9.02.06 Special Exceptions

The applicant may request special exceptions to

the Oil and Gas Performance Standards. All

applications where a special exception is re-

quested not provided elsewhere in this Chapter

will be processed as a major facility. Requests

for special exceptions for proposed facilities may

include but not be limited to one (1) or more of

the following factors:

1. Topographic characteristics of the site.

2. Duration of use of the facility.

3. Proximity of occupied structures to the facili-

ty.

4. Ownership status of adjacent and/or affect-

ed land.

5. Construction of adequate infrastructure to

serve the project.

6. Planned replacement and/or upgrading of

facility equipment.

7. Conflicts with the Oil and Gas Conservation

Act and/or the Colorado Oil and Gas Con-

servation Planning Commission rules.

If the Board of County Commissioners finds,

based upon the competent evidence in the rec-

ord, that compliance with regulations is impossi-

ble, a special exception may be granted by the

Board of County Commissioners.

9.02.07 Board Review of Granted Permit

The Board of County Commissioners retains the

right to review all permits for a major facility pre-

viously granted on a yearly basis or otherwise as

often as the Board of County Commissioners

deems appropriate and reasonable.

9.03 Oil and Gas Definitions

Abandonment: Presumption of permanent

abandonment of a major facility shall be based

upon non-use or operation for one (1) year with-

out notification to the Planning Department of in-

tent to resume operations under specified

conditions.

Agricultural: Currently in use for farm or ranch

purposes, including pasture.

Applicant: That person, corporation or other

legal entity possessing the legal right to develop

the mineral resource or any other use proposed

in connection thereof for the site in question;

generally, the applicant will be the owner or les-

see of the mineral estate.

Land Use Regulations Oil & Gas Regulations — §9.03

9-14

Collection line: A pipeline to a well designed to

collect produced or waste water and transport it

to a central disposal area (evaporation pit or in-

jection well).

Compatible: Able to exist or act together har-

moniously, considering noise levels, odors, po-

tential fire hazard, visual impacts, effects to

surface and ground water quality/quantity, ade-

quacy of the road system, air quality and sur-

rounding land uses.

Compressor station: An installation consisting

of one (1) or more individual compressors, lo-

cated on a gathering or transmission line, or

both.

Corridor: The route within which a pipeline

right-of-way is located.

Critical use hours: That time of day when dis-

turbance is most likely to increase stress to and

negatively impact wildlife.

Critical use period: That portion of the year

(weeks or months) when disturbance is most

likely to increase stress to and negatively impact

wildlife.

D.O.T.: United States Department of Transpor-

tation

Designated agent: Agent designated by the

owner or lessee as defined by O.G.C.C.

Developable: Land is considered to be devel-

opable for residential purposes if it does not

have slopes exceeding thirty (30) percent, and is

not located within a geologic hazard area, feder-

ally defined floodway, drainage channel or wet-

land area greater than one (1) acre. (See

Residential.)

Easement: Authorization by a property owner

for use of a designated portion of his property by

another, for a specified purpose.

Evaporation pit: An excavated pit used for

storing and evaporating wastewater produced in

degasification activities during drilling or produc-

tion or both, sometimes lined.

Gas well: A well having a pressure and volume

of natural gas.

Gathering system: A system consisting of well

(or gathering), lateral and trunk pipelines trans-

porting oil, gas or other products derived from oil

and gas production to a central facility of trans-

mission line, and so classified under the D.O.T.

regulations.

Lessee: The individual or firm leasing mineral

rights for development purposes from the owner;

may also be the permittee, for the purposes of

this Chapter.

Major oil and gas facilities:

1. Compressor stations and associated facili-

ties, including their pipelines, which serve

multiple, wells employing engines and/or

motors with a cumulative horsepower rating

of 200 bhp or more.

2. Any facility related to the production of oil

and/or gas, which contains engines and/or

motors with a cumulative horsepower rating

of 200 bhp or more.

3. Gas treating facilities, which serve multiple

wells, or gathering systems.

4. Pipelines for which the power of eminent

domain is available. All pipelines formerly

required to proceed through the Las Animas

County special use permit/conditional use

permit process as set forth in the Las Ani-

mas County Land Use Guide prior to the im-

plementation of this Chapter.

Minor oil and gas facilities:

1. An individual well site built and operated to

produce petroleum and/or natural gas, in-

cluding auxiliary equipment required for

such production; i.e., separators, dehydra-

tors, pumping units, tank batteries and other

equipment located within the perimeter of

the well site pad, employing engines or mo-

tors with a cumulative horsepower rating of

less than 200 bhp, provided that it complies

with all applicable standards and require-

ments.

Land Use Regulations Oil & Gas Regulations — §9.03

9-15

2. Gas gathering lines and water collection

lines serving minor oil and gas facilities, in-

cluding trunk and lateral lines, shall not be

subject to the setback standards required for

such facilities, but shall comply with other

applicable standards in this Chapter.

3. Facilities which are in place for more than

three (3) months associated with gas gather-

ing lines and water collection lines, such as:

drip stations, vent stations, pigging facilities,

chemical injection stations, transfer pump

stations and valve box, where such equip-

ment or facilities employ engines or motors

with a cumulative horsepower rating of more

than 100 bhp and less than 200 bhp, which

comply with all applicable standards and re-

quirements in this Chapter.

4. An individual well head compression and

multiple well compression facility powered

by motors or engines with a cumulative

horsepower rating of more than 100 bhp and

less than 200 bhp, which complies with all

applicable standards and requirements in

this Chapter.

5. Water injection stations and associated facil-

ities.

Multiple completion well: A well equipped to

produce oil and/or gas separately from more

than one (1) reservoir.

Nuisance: A facility which is not being con-

structed, operated or installed in substantial

compliance with the Regulations and any appli-

cable conditions of approval and as to which the

applicant has failed or refused to abate, correct

or discontinue the violation of this Chapter after

being ordered to do so by the Board of County

Commissioners.

O.G.C.C.: Oil and Gas Conservation Commis-

sion of the State of Colorado.

Operating plan: A general description of a fa-

cility identifying purpose, use, typical staffing

pattern, seasonal or periodic considerations,

routine hours of operating, source of ser-

vice/infrastructure and any other information re-

lated to regular functioning of that facility.

Operator: That individual or firm engaged in all

or a portion of the extraction operations at a well

or other facility; usually the lessee of the mineral

estate, although day-to-day operations may be

contracted to another firm.

Pollution: The contamination or other substan-

tial degradation of the physical, chemical or bio-

logical properties of water or air.

Producing, in production: The development

stage in which marketable oil and gas are ex-

tracted from a well; may also signify the extrac-

tion level at which the quantitative terms of the

lease are fulfilled.

Quiet zone: Area within one-half (½) mile of a

school, hospital, institution of learning, court,

rest home or other designated area where ex-

ceptional quiet is necessary, while the same are

in use.

10-i

CHAPTER X

FLOOD DAMAGE PREVENTION REGULATIONS

10.01 Statutory Authorization ................................................................................................................................... 10-1

10.02 Findings of Fact ............................................................................................................................................. 10-1

10.03 Statement of Purpose .................................................................................................................................... 10-1

10.04 Methods of Reducing Flood Losses ............................................................................................................... 10-1

10.05 Definitions ...................................................................................................................................................... 10-1

10.06 Basis for Establishing the Special Flood Hazard Area ................................................................................... 10-6

10.07 Lands to Which This Chapter Applies ............................................................................................................ 10-6

10.08 Establishment of Floodplain Development Permit ......................................................................................... 10-6

10.09 Compliance .................................................................................................................................................... 10-6

10.10 Abrogation and Greater Restrictions .............................................................................................................. 10-6

10.11 Interpretation .................................................................................................................................................. 10-6

10.12 Warning and Disclaimer of Liability ................................................................................................................ 10-6

10.13 Designation of the Floodplain Administrator .................................................................................................. 10-6

10.14 Duties and Responsibilities of the Floodplain Administrator .......................................................................... 10-7

10.15 Permit Procedures ......................................................................................................................................... 10-7

10.16 Variance Procedures ..................................................................................................................................... 10-8

10.17 General Standards ......................................................................................................................................... 10-9

10.18 Specific Standards ......................................................................................................................................... 10-10

10.19 Standards for Areas of Shallow Flooding (AO/AH Zones) ............................................................................. 10-11

10.20 Floodways ...................................................................................................................................................... 10-11

10.21 Alteration of a Watercourse ........................................................................................................................... 10-12

10.22 Properties Removed From the Floodplain by Fill ........................................................................................... 10-12

10.23 Standards for Subdivision Proposals ............................................................................................................. 10-13

10.24 Standards for Critical Facilities ...................................................................................................................... 10-13

Land Use Regulations Flood Damage Prevention Regulations — §10.01

10-1

CHAPTER X

FLOOD DAMAGE

PREVENTION REGULATIONS

10.01 Statutory Authorization

The Legislature of the State of Colorado has, in Title

29, Article 20 of the Colorado Revised Statutes,

delegated the responsibility of local governmental

units to adopt regulations designed to minimize flood

losses.

10.02 Findings of Fact

1. The flood hazard areas of Las Animas County

are subject to periodic inundation, which can re-

sult in loss of life and property, health and safety

hazards, disruption of commerce and govern-

mental services, and extraordinary public ex-

penditures for flood protection and relief, all of

which adversely affect the health, safety and

general welfare of the public.

2 These flood losses are created by the cumula-

tive effect of obstructions in floodplains which

cause an increase in flood heights and veloci-

ties, and by the occupancy of flood hazard areas

by uses vulnerable to floods and hazardous to

other lands because they are inadequately ele-

vated, floodproofed or otherwise protected from

flood damage.

10.03 Statement of Purpose

It is the purpose of this Chapter to promote public

health, safety and general welfare and to minimize

public and private losses due to flood conditions in

specific areas by provisions designed to:

1. Protect human life and health;

2. Minimize expenditure of public money for costly

flood control projects;

3. Minimize the need for rescue and relief efforts

associated with flooding and generally under-

taken at the expense of the general public;

4. Minimize prolonged business interruptions;

5. Minimize damage to critical facilities, infrastruc-

ture and other public facilities such as water,

sewer and gas mains; electric and communica-

tions stations; and streets and bridges located in

floodplains;

6. Help maintain a stable tax base by providing for

the sound use and development of flood-prone

areas in such a manner as to minimize future

flood blight areas; and

7. Ensure that potential buyers are notified that

property is located in a flood hazard area.

10.04 Methods of Reducing Flood Losses

In order to accomplish its purposes, this Chapter

uses the following methods:

1. Restrict or prohibit uses that are dangerous to

health, safety or property in times of flood, or

cause excessive increases in flood heights or

velocities;

2. Require that uses vulnerable to floods, including

facilities which serve such uses, be protected

against flood damage at the time of initial con-

struction;

3. Control the alteration of natural floodplains,

stream channels and natural protective barriers,

which are involved in the accommodation of

flood waters;

4. Control filling, grading, dredging and other de-

velopment which may increase flood damage;

5. Prevent or regulate the construction of flood

barriers which will unnaturally divert floodwaters

or which may increase flood hazards to other

lands.

10.05 Definitions

100-year flood: A flood having a recurrence interval

that has a one-percent chance of being equaled or

exceeded during any given year (1-percent-annual-

chance flood). The terms one-hundred-year flood

and one percent chance flood are synonymous with

the term 100-year flood. The term does not imply

that the flood will necessarily happen once every

one hundred years.

100-year floodplain: The area of land susceptible

to being inundated as a result of the occurrence of a

one-hundred-year flood.

500-year flood: A flood having a recurrence interval

that has a 0.2 percent chance of being equaled or

exceeded during any given year (0.2-percent-

chance-annual-flood). The term does not imply that

the flood will necessarily happen once every five

hundred years.

Land Use Regulations Flood Damage Prevention Regulations — §10.05

10-2

500-year floodplain: The area of land susceptible

to being inundated as a result of the occurrence of a

five-hundred-year flood.

Alluvial fan flooding: A fan-shaped sediment

deposit formed by a stream that flows from a steep

mountain valley or gorge onto a plain or the junction

of a tributary stream with the main stream. Alluvial

fans contain active stream channels and boulder

bars, and recently abandoned channels. Alluvial

fans are predominantly formed by alluvial deposits

and are modified by infrequent sheet flood, channel

avulsions and other stream processes.

Area of shallow flooding: A designated Zone AO

or AH on a community's Flood Insurance Rate Map

(FIRM) with a one percent chance or greater annual

chance of flooding to an average depth of one (1) to

three (3) feet where a clearly defined channel does

not exist, where the path of flooding is unpredictable

and where velocity flow may be evident. Such flood-

ing is characterized by ponding or sheet flow.

Base Flood Elevation (BFE): The elevation shown

on a FEMA Flood Insurance Rate Map for Zones

AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30,

AR/AH, AR/AO, V1-V30 and VE that indicates the

water surface elevation resulting from a flood that

has a one-percent chance of equaling or exceeding

that level in any given year.

Basement: Any area of a building having its floor

sub-grade (below ground level) on all sides.

Channel: The physical confine of stream or water-

way consisting of a bed and stream banks, existing

in a variety of geometries.

Channelization: The artificial creation, enlargement

or realignment of a stream channel.

Code of Federal Regulations (CFR): The codifica-

tion of the general and permanent Rules published

in the Federal Register by the executive depart-

ments and agencies of the Federal Government. It

is divided into fifty (50) titles that represent broad

areas subject to Federal regulation.

Community: Any political subdivision in the State of

Colorado that has authority to adopt and enforce

floodplain management regulations through zoning,

including but not limited to cities, towns, unincorpo-

rated areas in the counties, Indian tribes and drain-

age and flood control districts.

Conditional Letter of Map Revision (CLOMR):

FEMA's comment on a proposed project, which does

not revise an effective floodplain map, that would,

upon construction, affect the hydrologic or hydraulic

characteristics of a flooding source and thus result in

the modification of the existing regulatory floodplain.

Critical facility: A structure or related infrastruc-

ture, but not the land on which it is situated, as spec-

ified in Section 10.24, that, if flooded, may result in

significant hazards to public health and safety or

interrupt essential services and operations for the

community at any time before, during and after a

flood.

Development: Any man-made change in improved

and unimproved real estate, including but not limited

to buildings or other structures, mining, dredging,

filling, grading, paving, excavation or drilling opera-

tions or storage of equipment or materials.

DFIRM database: Database (usually spreadsheets

containing data and analyses that accompany

DFIRMs). The FEMA Mapping Specifications and

Guidelines outline requirements for the development

and maintenance of DFIRM databases.

Digital Flood Insurance Rate Map (DFIRM): FE-

MA digital floodplain map. These digital maps serve

as “regulatory floodplain maps” for insurance and

floodplain management purposes.

Elevated building: A non-basement building: (i)

built, in the case of a building in Zones A1-30, AE, A,

A99, AO, AH, B, C, X and D, to have the top of the

elevated floor above the ground level by means of

pilings, columns (posts and piers) or shear walls

parallel to the flow of the water; and (ii) adequately

anchored so as not to impair the structural integrity

of the building during a flood of up to the magnitude

of the base flood. In the case of Zones A1-30, AE,

A, A99, AO, AH, B, C, X and D, elevated building

also includes a building elevated by means of fill or

solid foundation perimeter walls with openings suffi-

cient to facilitate the unimpeded movement of flood

waters.

Existing manufactured home park or subdivi-

sion: A manufactured home park or subdivision for

which the construction of facilities for servicing the

lots on which the manufactured homes are to be

affixed (including, at a minimum, the installation of

utilities, the construction of streets and either final

site grading or the pouring of concrete pads) is

Land Use Regulations Flood Damage Prevention Regulations — §10.05

10-3

completed before the effective date of the floodplain

management regulations adopted by a community.

Expansion to an existing manufactured home

park or subdivision: The preparation of additional

sites by the construction of facilities for servicing the

lots on which the manufactured homes are to be

affixed (including the installation of utilities, the con-

struction of streets and either final site grading or the

pouring of concrete pads).

Federal register: The official daily publication for

Rules, proposed Rules and notices of Federal agen-

cies and organizations, as well as executive orders

and other presidential documents.

FEMA: Federal Emergency Management Agency,

the agency responsible for administering the Nation-

al Flood Insurance Program.

Flood or flooding: A general and temporary condi-

tion of partial or complete inundation of normally dry

land areas from:

1. The overflow of water from channels and reser-

voir spillways;

2. The unusual and rapid accumulation or runoff of

surface waters from any source; or

3. Mudslides or mudflows that occur from excess

surface water that is combined with mud or other

debris that is sufficiently fluid so as to flow over

the surface of normally dry land areas (such as

earth carried by a current of water and deposited

along the path of the current).

Flood control structure: A physical structure

designed and built expressly or partially for the

purpose of reducing, redirecting or guiding flood

flows along a particular waterway. These special-

ized flood modifying works are those constructed in

conformance with sound engineering standards.

Flood Insurance Rate Map (FIRM): An official map

of a community, on which the Federal Emergency

Management Agency has delineated both the Spe-

cial Flood Hazard Areas and the risk premium zones

applicable to the community.

Flood Insurance Study (FIS): The official report

provided by the Federal Emergency Management

Agency. The report contains the Flood Insurance

Rate Map, as well as flood profiles for studied flood-

ing sources that can be used to determine Base

Flood Elevations for some areas.

Floodplain or flood-prone area: Any land area

susceptible to being inundated as the result of a

flood, including the area of land over which floodwa-

ter would flow from the spillway of a reservoir.

Floodplain Administrator: The community official

designated by title to administer and enforce the

floodplain management regulations.

Floodplain development permit: A permit required

before construction or development begins within

any Special Flood Hazard Area (SFHA). If FEMA

has not defined the SFHA within a community, the

community shall require permits for all proposed

construction or other development in the community,

including the placement of manufactured homes, so

that it may determine whether such construction or

other development is proposed within flood-prone

areas. Permits are required to ensure that proposed

development projects meet the requirements of the

NFIP and this Chapter.

Floodplain management: The operation of an

overall program of corrective and preventive

measures for reducing flood damage, including but

not limited to emergency preparedness plans, flood

control works and floodplain management regula-

tions.

Floodplain management regulations: Zoning

resolutions, subdivision regulations, building codes,

health regulations and other applications of police

power. The term describes such state or local regu-

lations, in any combination thereof, which provide

standards for the purpose of flood damage preven-

tion and reduction.

Floodproofing: Any combination of structural

and/or non-structural additions, changes or adjust-

ments to structures which reduce or eliminate flood

damage to real estate or improved real property,

water and sanitary facilities, structures and their

contents.

Floodway (regulatory floodway

): The channel of a

river or other watercourse and adjacent land areas

that must be reserved in order to discharge the base

flood without cumulatively increasing the water

surface elevation more than a designated height.

The Colorado statewide standard for the designated

height to be used for all newly studied reaches shall

be one-half (½) foot (six [6] inches). Letters of Map

Revision to existing floodway delineations may

continue to use the floodway criteria in place at the

time of the existing floodway delineation.

Land Use Regulations Flood Damage Prevention Regulations — §10.05

10-4

Freeboard: The vertical distance in feet above a

predicted water surface elevation intended to pro-

vide a margin of safety to compensate for unknown

factors that could contribute to flood heights greater

than the height calculated for a selected size flood,

such as debris blockage of bridge openings and the

increased runoff due to urbanization of the water-

shed.

Functionally dependent use: A use which cannot

perform its intended purpose unless it is located or

carried out in close proximity to water. The term

includes only docking facilities, port facilities that are

necessary for the loading and unloading of cargo or

passengers, and ship building and ship repair facili-

ties, but does not include long-term storage or relat-

ed manufacturing facilities.

Highest adjacent grade: The highest natural ele-

vation of the ground surface prior to construction

next to the proposed walls of a structure.

Historic structure: Any structure that is:

1. Listed individually in the National Register of

Historic Places (a listing maintained by the De-

partment of Interior) or preliminarily determined

by the Secretary of the Interior as meeting the

requirements for individual listing on the National

2. Certified or preliminarily determined by the Sec-

retary of the Interior as contributing to the histor-

ical significance of a registered historic district or

a district preliminarily determined by the Secre-

tary to qualify as a registered historic district;

3. Individually listed on a state inventory of historic

places in states with historic preservation pro-

grams which have been approved by the Secre-

tary of Interior; or

4. Individually listed on a local inventory of historic

places in communities with historic preservation

programs that have been certified either:

a. By an approved state program as deter-

mined by the Secretary of the Interior; or

b. Directly by the Secretary of the Interior in

states without approved programs.

Letter of Map Revision (LOMR): FEMA's official

revision of an effective Flood Insurance Rate Map

(FIRM) or Flood Boundary and Floodway Map

(FBFM), or both. LOMRs are generally based on the

implementation of physical measures that affect the

hydrologic or hydraulic characteristics of a flooding

source and thus result in the modification of the

existing regulatory floodway, the effective Base

Flood Elevations (BFEs) or the Special Flood Haz-

ard Area (SFHA).

Letter of Map Revision Based on Fill (LOMR-F):

FEMA’s modification of the Special Flood Hazard

Area (SFHA) shown on the Flood Insurance Rate

Map (FIRM) based on the placement of fill outside

the existing regulatory floodway.

Levee: A man-made embankment, usually earthen,

designed and constructed in accordance with sound

engineering practices to contain, control or divert the

flow of water so as to provide protection from tempo-

rary flooding. For a levee structure to be reflected

on the FEMA FIRMs as providing flood protection,

the levee structure must meet the requirements set

forth in 44 CFR 65.10.

Levee system: A flood protection system which

consists of a levee or levees and associated struc-

tures, such as closure and drainage devices, which

are constructed and operated in accordance with

sound engineering practices.

Lowest floor: The lowest floor of the lowest en-

closed area (including basement). Any floor used

for living purposes which includes working, storage,

sleeping, cooking and eating, or recreation or any

combination thereof. This includes any floor that

could be converted to such a use such as a base-

ment or crawl space. The lowest floor is a determi-

nate for the flood insurance premium for a building,

home or business. An unfinished or flood-resistant

enclosure, usable solely for parking or vehicles,

building access or storage in an area other than a

basement area, is not considered a building's lowest

floor; provided that such enclosure is not built so as

to render the structure in violation of the applicable

non-elevation design requirement of Section 60.3 of

the National Flood insurance Program regulations.

Material Safety Data Sheet (MSDS): A form with

data regarding the properties of a particular sub-

stance. An important component of product stew-

ardship and workplace safety, it is intended to

provide workers and emergency personnel with

procedures for handling or working with that sub-

stance in a safe manner, and includes information

such as physical data (melting point, boiling point,

flash point, etc.), toxicity, health effects, first aid,

reactivity, storage, disposal, protective equipment

and spill-handling procedures.

Land Use Regulations Flood Damage Prevention Regulations — §10.05

10-5

Mean sea level: For purposes of the National Flood

Insurance Program, the North American Vertical

Datum (NAVD) of 1988 or other datum, to which

Base Flood Elevations shown on a community's

Flood Insurance Rate Map are referenced.

National Flood Insurance Program (NFIP):

FEMA’s program of flood insurance coverage and

floodplain management administered in conjunction

with the Robert T. Stafford Relief and Emergency

Assistance Act. The NFIP has applicable Federal

regulations promulgated in Title 44 of the Code of

Federal Regulations. The U.S. Congress estab-

lished the NFIP in 1968 with the passage of the

National Flood Insurance Act of 1968.

New manufactured home park or subdivision: A

manufactured home park or subdivision for which

the construction of facilities for servicing the lots on

which the manufactured homes are to be affixed

(including, at a minimum, the installation of utilities,

the construction of streets and either final site grad-

ing or the pouring of concrete pads) is completed on

or after the effective date of floodplain management

regulations adopted by a community.

No-rise certification: A record of the results of an

engineering analysis conducted to determine wheth-

er a project will increase flood heights in a floodway.

A no-rise certification must be supported by tech-

nical data and signed by a registered Colorado

Professional Engineer. The supporting technical

data should be based on the standard step-

backwater computer model used to develop the 100-

year floodway shown on the Flood Insurance Rate

Map (FIRM) or Flood Boundary and Floodway Map

(FBFM).

Physical Map Revision (PMR): FEMA’s action

whereby one (1) or more map panels are physically

revised and republished. A PMR is used to change

flood risk zones, floodplain and/or floodway delinea-

tions, flood elevations and/or plan features.

Special flood hazard area: The land in the flood-

plain within a community subject to a one percent or

greater chance of flooding in any given year; i.e., the

100-year floodplain.

Start of construction: The date the building permit

was issued, including substantial improvements,

provided that the actual start of construction, repair,

reconstruction, rehabilitation, addition, placement or

other improvement was within one hundred eighty

(180) days of the permit date. The actual start

means either the first placement of permanent con-

struction of a structure on a site, such as the pouring

of slab or footings, the installation of piles, the con-

struction of columns or any work beyond the stage

of excavation; or the placement of a manufactured

home on a foundation. Permanent construction

does not include land preparation, such as clearing,

grading and filling; nor does it include the installation

of streets and/or walkways; nor does it include exca-

vation for basement, footings, piers or foundations or

the erection of temporary forms; nor does it include

the installation on the property of accessory build-

ings, such as garages or sheds not occupied as

dwelling units or not part of the main structure. For a

substantial improvement, the actual start of con-

struction means the first alteration of any wall, ceil-

ing, floor or other structural part of a building,

whether or not that alteration affects the external

dimensions of the building.

Substantial damage: Damage of any origin sus-

tained by a structure whereby the cost of restoring

the structure to its before-damaged condition would

equal or exceed fifty percent (50%) of the market

value of the structure just prior to when the damage

occurred.

Substantial improvement: Any reconstruction,

rehabilitation, addition or other improvement of a

structure, the cost of which equals or exceeds fifty

percent (50%) of the market value of the structure

before Start of Construction of the improvement.

The value of the structure shall be determined by the

local jurisdiction having land use authority in the

area of interest. This includes structures which have

incurred Substantial Damage, regardless of the

actual repair work performed. The term does not,

however, include either:

1. Any project for improvement of a structure to

correct existing violations of state or local health,

sanitary or safety code specifications which

have been identified by the local code enforce-

ment official and which are the minimum neces-

sary conditions; or

2. Any alteration of a historic structure, provided

that the alteration will not preclude the struc-

ture's continued designation as a historic struc-

ture.

Threshold Planning Quantity (TPQ): A quantity

designated for each chemical on the list of extremely

hazardous substances that triggers notification by

facilities to the State that such facilities are subject

to emergency planning requirements.

Land Use Regulations Flood Damage Prevention Regulations — §10.05

10-6

Variance: A grant of relief to a person from the

requirement of this Chapter when specific enforce-

ment would result in unnecessary hardship. A vari-

ance, therefore, permits construction or

development in a manner otherwise prohibited by

this Chapter.

Violation: The failure of a structure or other devel-

opment to be fully compliant with the community's

floodplain management regulations. A structure or

other development without the elevation certificate,

other certifications or other evidence of compliance

required in this Chapter is presumed to be in viola-

tion until such time as that documentation is provid-

ed.

Water surface elevation: The height, in relation to

the North American Vertical Datum (NAVD) of 1988

(or other datum, where specified), of floods of vari-

ous magnitudes and frequencies in floodplains.

10.06 Basis for Establishing the Special Flood

Hazard Area

The Special Flood Hazard Areas identified by the

Federal Emergency Management Agency in a scien-

tific and engineering report entitled, "The Flood

Insurance Study for Las Animas County," dated

September 1977, with accompanying Flood Insur-

ance Rate Maps and/or Flood Boundary-Floodway

Maps (FIRM and/or FBFM) and any revisions thereto

are hereby adopted by reference and declared to be

a part of this Chapter. These Special Flood Hazard

Areas identified by the FIS and attendant mapping

are the minimum area of applicability of this Chapter

and may be supplemented by studies designated

and approved by Las Animas County. The Flood-

plain Administrator shall keep a copy of the Flood

Insurance Study (FIS), DFIRMs, FIRMs and/or

FBFMs on file and available for public inspection.

10.07 Lands to Which This Chapter Applies

This Chapter shall apply to all Special Flood Hazard

Areas and areas removed from the floodplain by the

issuance of a FEMA Letter of Map Revision Based

on Fill (LOMR-F) within the jurisdiction of Las Ani-

mas County, Colorado.

10.08 Establishment of Floodplain Development

Permit

A Floodplain Development Permit shall be required

to ensure conformance with the provisions of this

Chapter.

10.09 Compliance

No structure or land shall hereafter be located, al-

tered or have its use changed within the Special

Flood Hazard Area without full compliance with the

terms of this Chapter and other applicable regula-

tions. Nothing herein shall prevent Las Animas

County from taking such lawful action as is neces-

sary to prevent or remedy any violation. These

regulations meet the minimum requirements as set

forth by the Colorado Water Conservation Board and

the National Flood Insurance Program.

10.10 Abrogation and Greater Restrictions

This Chapter is not intended to repeal, abrogate or

impair any existing easements, covenants or deed

restrictions. However, where this Chapter and an-

other regulation, easement, covenant or deed re-

striction conflict or overlap, whichever imposes the

more stringent restrictions shall prevail.

10.11 Interpretation

In the interpretation and application of this Chapter,

all provisions shall be:

1. Considered as minimum requirements;

2. Liberally construed in favor of the governing

body; and

3. Deemed neither to limit nor repeal any other

powers granted under State statutes.

10.12 Warning and Disclaimer of Liability

The degree of flood protection required by this

Chapter is considered reasonable for regulatory

purposes and is based on scientific and engineering

considerations. On rare occasions, greater floods

can and will occur and flood heights may be in-

creased by man-made or natural causes. This

Chapter does not imply that land outside the Special

Flood Hazard Area or uses permitted within such

areas will be free from flooding or flood damages.

This Chapter shall not create liability on the part of

the County or any official or employee thereof for

any flood damages that result from reliance on this

Chapter or any administrative decision lawfully made

there under.

10.13 Designation of the Floodplain Administra-

tor

The Planning Director is hereby appointed as Flood-

plain Administrator to administer, implement and

Land Use Regulations Flood Damage Prevention Regulations — §10.13

10-7

enforce the provisions of this Chapter and other

appropriate sections of 44 CFR (National Flood

Insurance Program Regulations) pertaining to flood-

plain management.

10.14 Duties and Responsibilities of the Flood-

plain Administrator

Duties and responsibilities of the Floodplain Admin-

istrator shall include, but not be limited to, the follow-

ing:

1. Maintain and hold open for public inspection all

records pertaining to the provisions of this Chap-

ter, including the actual elevation (in relation to

mean sea level) of the lowest floor (including

basement) of all new or substantially improved

structures and any floodproofing certificate re-

quired by Section 10.15.

2. Review, approve or deny all applications for

Floodplain Development Permits required by

adoption of this Chapter.

3. Review Floodplain Development Permit applica-

tions to determine whether a proposed building

site, including the placement of manufactured

homes, will be reasonably safe from flooding.

4. Review permits for proposed development to

assure that all necessary permits have been ob-

tained from those Federal, State or local gov-

ernmental agencies (including Section 404 of

the Federal Water Pollution Control Act

Amendments of 1972, 33 U.S.C. 1334) from

which prior approval is required.

5. Inspect all development at appropriate times

during the period of construction to ensure com-

pliance with all provisions of this Chapter, includ-

ing proper elevation of the structure.

6. Where interpretation is needed as to the exact

location of the boundaries of the Special Flood

Hazard Area (for example, where there appears

to be a conflict between a mapped boundary

and actual field conditions), the Floodplain Ad-

ministrator shall make the necessary interpreta-

tion.

7. When Base Flood Elevation data has not been

provided in accordance with Section 10.07, the

Floodplain Administrator shall obtain, review and

reasonably utilize any Base Flood Elevation data

and Floodway data available from a Federal,

State or other source, in order to administer the

provisions of this Chapter.

8. For waterways with Base Flood Elevations for

which a regulatory Floodway has not been des-

ignated, no new construction, substantial im-

provements or other development (including fill)

shall be permitted within Zones A1-30 and AE

on the community's FIRM, unless it is demon-

strated that the cumulative effect of the pro-

posed development, when combined with all

other existing and anticipated development, will

not increase the water surface elevation of the

base flood more than one-half (½) foot at any

point within the community.

9. Under the provisions of 44 CFR Chapter 1,

Section 65.12, of the National Flood Insurance

Program regulations, a community may approve

certain development in Zones A1-30, AE and AH

on the community's FIRM which increases the

water surface elevation of the base flood by

more than one-half (½) foot, provided that the

community first applies for a conditional FIRM

revision through FEMA (Conditional Letter of

Map Revision), fulfills the requirements for such

revisions as established under the provisions of

Section 65.12 and receives FEMA approval.

10. Notify, in riverine situations, adjacent communi-

ties and the State Coordinating Agency, which is

the Colorado Water Conservation Board, prior to

any alteration or relocation of a watercourse,

and submit evidence of such notification to FE-

MA.

11. Ensure that the flood-carrying capacity within the

altered or relocated portion of any watercourse

is maintained.

10.15 Permit Procedures

Application for a Floodplain Development Permit

shall be presented to the Floodplain Administrator

on forms furnished by him or her and may include,

but not be limited to, plans in duplicate drawn to

scale showing the location, dimensions and eleva-

tion of proposed landscape alterations, existing and

proposed structures, including the placement of

manufactured homes, and the location of the forego-

ing in relation to the Special Flood Hazard Area.

Additionally, the following information is required:

1. Elevation (in relation to mean sea level) of the

lowest floor (including basement) of all new and

substantially improved structures;

2. Elevation in relation to mean sea level to which

any nonresidential structure shall be

floodproofed;

Land Use Regulations Flood Damage Prevention Regulations — §10.15

10-8

3. A certificate from a registered Colorado Profes-

sional Engineer or architect that the nonresiden-

tial floodproofed structure shall meet the

floodproofing criteria of Section 10.18;

4. Description of the extent to which any water-

course or natural drainage will be altered or re-

located as a result of proposed development.

5. Maintain a record of all such information in ac-

cordance with Section 10.14.

Approval or denial of a Floodplain Development

Permit by the Floodplain Administrator shall be

based on all of the provisions of this Chapter and the

following relevant factors:

1. The danger to life and property due to flooding

or erosion damage;

2. The susceptibility of the proposed facility and its

contents to flood damage and the effect of such

damage on the individual owner;

3. The danger that materials may be swept onto

other lands to the injury of others;

4. The compatibility of the proposed use with exist-

ing and anticipated development;

5. The safety of access to the property in times of

flood for ordinary and emergency vehicles;

6. The costs of providing governmental services

during and after flood conditions, including

maintenance and repair of streets and bridges,

and public utilities and facilities such as sewer,

gas, electrical and water systems;

7. The expected heights, velocity, duration, rate of

rise and sediment transport of the flood waters

and the effects of wave action, if applicable, ex-

pected at the site;

8. The necessity to the facility of a waterfront loca-

tion, where applicable;

9. The availability of alternative locations, not sub-

ject to flooding or erosion damage, for the pro-

posed use;

10. The relationship of the proposed use to the

comprehensive plan for that area.

10.16 Variance Procedures

1. The Appeal Board, as established by the com-

munity, shall hear and render judgment on re-

quests for variances from the requirements of

this Chapter.

2. The Appeal Board shall hear and render judg-

ment on an appeal only when it is alleged there

is an error in any requirement, decision or de-

termination made by the Floodplain Administra-

tor in the enforcement or administration of this

Chapter.

3. Any person or persons aggrieved by the deci-

sion of the Appeal Board may appeal such deci-

sion in the courts of competent jurisdiction.

4. The Floodplain Administrator shall maintain a

record of all actions involving an appeal and

shall report variances to the Federal Emergency

Management Agency upon request.

5. Variances may be issued for the reconstruction,

rehabilitation or restoration of structures listed

on the National Register of Historic Places or the

State Inventory of Historic Places, without re-

gard to the procedures set forth in the remainder

of this Chapter.

6. Variances may be issued for new construction

and substantial improvements to be erected on

a lot of one-half (½) acre or less in size contigu-

ous to and surrounded by lots with existing

structures constructed below the base flood lev-

el, provided that the relevant factors in Section

10.15 have been fully considered. As the lot

size increases beyond the one-half acre, the

technical justification required for issuing the

variance increases.

7. Upon consideration of the factors noted above

and the intent of this Chapter, the Appeal Board

may attach such conditions to the granting of

variances as it deems necessary to further the

purpose and objectives of this Chapter as stated

in Section 10.03.

8. Variances shall not be issued within any desig-

nated floodway if any increase in flood levels

during the base flood discharge would result.

Land Use Regulations Flood Damage Prevention Regulations — §10.16

10-9

9. Variances may be issued for the repair or reha-

bilitation of historic structures upon a determina-

tion that the proposed repair or rehabilitation will

not preclude the structure's continued designa-

tion as a historic structure and the variance is

the minimum necessary to preserve the historic

character and design of the structure.

10. Prerequisites for granting variances:

a. Variances shall only be issued upon a de-

termination that the variance is the minimum

necessary, considering the flood hazard, to

afford relief.

b. Variances shall only be issued upon:

1) Showing a good and sufficient cause;

2) A determination that failure to grant the

variance would result in exceptional

hardship to the applicant; and

3) A determination that the granting of a

variance will not result in increased flood

heights, additional threats to public safe-

ty, extraordinary public expense, create

nuisances, cause fraud on or victimiza-

tion of the public, or conflict with existing

local laws or regulations.

c. Any applicant to whom a variance is granted

shall be given written notice that the struc-

ture will be permitted to be built with the

lowest floor elevation below the Base Flood

Elevation, and that the cost of flood insur-

ance will be commensurate with the in-

creased risk resulting from the reduced

lowest floor elevation.

11. Variances may be issued by a community for

new construction and substantial improvements

and for other development necessary for the

conduct of a Functionally Dependent Use, pro-

vided that:

a. The criteria outlined in Paragraphs 1.

through 9. are met, and

b. The structure or other development is pro-

tected by methods that minimize flood dam-

ages during the base flood and create no

additional threats to public safety.

10.17 General Standards

In all Special Flood Hazard Areas, the following

provisions are required for all new construction and

substantial improvements:

1. All new construction or substantial improve-

ments shall be designed (or modified) and ade-

quately anchored to prevent flotation, collapse or

lateral movement of the structure resulting from

hydrodynamic and hydrostatic loads, including

the effects of buoyancy.

2. All new construction or substantial improve-

ments shall be constructed by methods and

practices that minimize flood damage.

3. All new construction or substantial improve-

ments shall be constructed with materials re-

sistant to flood damage.

4. All new construction or substantial improve-

ments shall be constructed with electrical, heat-

ing, ventilation, plumbing and air conditioning

equipment and other service facilities that are

designed and/or located so as to prevent water

from entering or accumulating within the compo-

nents during conditions of flooding.

5. All manufactured homes shall be installed using

methods and practices which minimize flood

damage. For the purposes of this requirement,

manufactured homes must be elevated and an-

chored to resist flotation, collapse or lateral

movement. Methods of anchoring may include,

but are not limited to, use of over-the-top or

frame ties to ground anchors. This requirement

is in addition to applicable State and local an-

choring requirements for resisting wind forces.

6. All new and replacement water supply systems

shall be designed to minimize or eliminate infil-

tration of flood waters into the system.

7. New and replacement sanitary sewage systems

shall be designed to minimize or eliminate infil-

tration of flood waters into the system and dis-

charge from the systems into flood waters.

8. On-site waste disposal systems shall be located

to avoid impairment to them or contamination

from them during flooding.

Land Use Regulations Flood Damage Prevention Regulations — §10.18

10-10

10.18 Specific Standards

In all Special Flood Hazard Areas where base flood

elevation data has been provided as set forth in this

Chapter, the following provisions are required:

1. Residential construction

New construction and Substantial Improvement

of any residential structure shall have the lowest

floor (including basement), electrical, heating,

ventilation, plumbing and air conditioning

equipment and other service facilities (including

ductwork), elevated to one (1) foot above the

base flood elevation. Upon completion of the

structure, the elevation of the lowest floor, in-

cluding basement, shall be certified by a regis-

tered Colorado Professional Engineer, architect

or land surveyor. Such certification shall be

submitted to the Floodplain Administrator.

2. Nonresidential construction

With the exception of Critical Facilities, outlined

in Section 10.24, new construction and Substan-

tial Improvements of any commercial, industrial

or other nonresidential structure shall either

have the lowest floor (including basement), elec-

trical, heating, ventilation, plumbing and air con-

ditioning equipment and other service facilities

(including ductwork), elevated to one (1) foot

above the base flood elevation or, together with

attendant utility and sanitary facilities, be de-

signed so that, at one (1) foot above the base

flood elevation, the structure is watertight with

walls substantially impermeable to the passage

of water and with structural components having

the capability of resisting hydrostatic and hydro-

dynamic loads and effects of buoyancy.

A registered Colorado Professional Engineer or

architect shall develop and/or review structural

design, specifications and plans for the con-

struction, and shall certify that the design and

methods of construction are in accordance with

accepted standards of practice as outlined in

this Subsection. Such certification shall be

maintained by the Floodplain Administrator.

3. Enclosures

New construction and substantial improvements,

with fully enclosed areas below the lowest floor

that are usable solely for parking of vehicles,

building access or storage in an area other than

a basement and which are subject to flooding,

shall be designed to automatically equalize hy-

drostatic flood forces on exterior walls by allow-

ing for the entry and exit of floodwaters.

Designs for meeting this requirement must either

be certified by a registered Colorado Profes-

sional Engineer or architect or meet or exceed

the following minimum criteria:

a. A minimum of two (2) openings having a to-

tal net area of not less than one (1) square

inch for every square foot of enclosed area

subject to flooding shall be provided.

b. The bottom of all openings shall be no high-

er than one (1) foot above grade.

c. Openings may be equipped with screens,

louvers, valves or other coverings or devic-

es, provided that they permit the automatic

entry and exit of floodwaters.

4. Manufactured homes

All manufactured homes that are placed or sub-

stantially improved within Zones A1-30, AH and

AE on the community's FIRM on sites (i) outside

of a manufactured home park or subdivision, (ii)

in a new manufactured home park or subdivi-

sion, (iii) in an expansion to an existing manu-

factured home park or subdivision or (iv) in an

existing manufactured home park or subdivision

on which manufactured home has incurred sub-

stantial damage as a result of a flood, be elevat-

ed on a permanent foundation such that the

lowest floor of the manufactured home, electri-

cal, heating, ventilation, plumbing and air condi-

tioning equipment and other service facilities

(including ductwork), are elevated to one (1) foot

above the base flood elevation and be securely

anchored to an adequately anchored foundation

system to resist flotation, collapse and lateral

movement.

All manufactured homes placed or substantially

improved on sites in an existing manufactured

home park or subdivision within Zones A1-30,

AH and AE on the community's FIRM that are

not subject to the provisions of the above Para-

graph shall be elevated so that either:

a. The lowest floor of the manufactured home,

electrical, heating, ventilation, plumbing and

air conditioning equipment and other service

facilities (including ductwork), are one (1)

foot above the base flood elevation; or

Land Use Regulations Flood Damage Prevention Regulations — §10.18

10-11

b. The manufactured home chassis is support-

ed by reinforced piers or other foundation

elements of at least equivalent strength that

are no less than thirty-six (36) inches in

height above grade and be securely an-

chored to an adequately anchored founda-

tion system to resist flotation, collapse and

lateral movement.

5. Recreational vehicles

All recreational vehicles placed on sites within

Zones A1-30, AH and AE on the community's

FIRM either:

a. Be on the site for fewer than one hundred

eighty (180) consecutive days;

b. Be fully licensed and ready for highway use;

c. Meet the permit requirements of Section

10.15, and the elevation and anchoring re-

quirements for manufactured homes in Par-

agraph 4. of this Section.

A recreational vehicle is ready for highway use if

it is on its wheels or jacking system, is attached

to the site only by quick disconnect type utilities

and security devices and has no permanently at-

tached additions.

6. Prior approved activities

Any activity for which a Floodplain Development

Permit was issued by Las Animas County or a

CLOMR was issued by FEMA prior to {date of

adoption} may be completed according to the

standards in place at the time of the permit or

CLOMR issuance and will not be considered in

violation of this Chapter if it meets such stand-

ards.

10.19 Standards for Areas of Shallow Flooding

(AO/AH Zones)

Located within the Special Flood Hazard Area estab-

lished in Section 10.07 are areas designated as

shallow flooding. These areas have special flood

hazards associated with base flood depths of one

(1) to three (3) feet where a clearly defined channel

does not exist, where the path of flooding is unpre-

dictable and where velocity flow may be evident.

Such flooding is characterized by ponding or sheet

flow; therefore, the following provisions apply:

1. Residential construction

All new construction and Substantial Improve-

ments of residential structures must have the

lowest floor (including basement), electrical,

heating, ventilation, plumbing and air condition-

ing equipment and other service facilities (in-

cluding ductwork) elevated above the highest

adjacent grade at least one (1) foot above the

depth number specified in feet on the communi-

ty's FIRM (at least three [3] feet if no depth

number is specified). Upon completion of the

structure, the elevation of the lowest floor, in-

cluding basement, shall be certified by a regis-

tered Colorado Professional Engineer, architect

or land surveyor. Such certification shall be

submitted to the Floodplain Administrator.

2. Nonresidential construction

With the exception of Critical Facilities, outlined

in Section 10.24, all new construction and Sub-

stantial Improvements of non-residential struc-

tures, must have the lowest floor (including

basement), electrical, heating, ventilation,

plumbing and air conditioning equipment and

other service facilities (including ductwork) ele-

vated above the highest adjacent grade at least

one (1) foot above the depth number specified in

feet on the community's FIRM (at least three [3]

feet if no depth number is specified) or, together

with attendant utility and sanitary facilities, be

designed so that the structure is watertight to at

least one (1) foot above the base flood level with

walls substantially impermeable to the passage

of water and with structural components having

the capability of resisting hydrostatic and hydro-

dynamic loads of effects of buoyancy. A regis-

tered Colorado Professional Engineer or

architect shall submit a certification to the

Floodplain Administrator that the standards of

this Chapter are satisfied.

Within Zones AH or AO, adequate drainage

paths around structures on slopes are required

to guide flood waters around and away from

proposed structures.

10.20 Floodways

Floodways are administrative limits and tools used to

regulate existing and future floodplain development.

The State of Colorado has adopted Floodway

standards that are more stringent than the FEMA

minimum standard (see definition of Floodway in

Section

Land Use Regulations Flood Damage Prevention Regulations — §10.20

10-12

10.05). Located within Special Flood Hazard Areas

established in this Chapter are areas designated as

Floodways. Since the Floodway is an extremely

hazardous area due to the velocity of floodwaters

which carry debris, potential projectiles and erosion

potential, the following provisions shall apply:

1. Encroachments are prohibited, including fill, new

construction, substantial improvements and oth-

er development within the adopted regulatory

Floodway unless it has been demonstrated

through hydrologic and hydraulic analyses per-

formed by a licensed Colorado Professional En-

gineer and in accordance with standard

engineering practice that the proposed en-

croachment would not result in any increase (re-

quires a No-Rise Certification) in flood levels

within the community during the occurrence of

the base flood discharge.

2. If Paragraph 1. above is satisfied, all new con-

struction and substantial improvements shall

comply with all applicable flood hazard reduction

provisions of this Chapter.

3. Under the provisions of 44 CFR Chapter 1,

Section 65.12, of the National Flood Insurance

Regulations, a community may permit en-

croachments within the adopted regulatory

floodway that would result in an increase in

Base Flood Elevations, provided that the com-

munity first applies for a CLOMR and floodway

revision through FEMA.

10.21 Alteration of a Watercourse

For all proposed developments that alter a water-

course within a Special Flood Hazard Area, the

following standards apply:

1. Channelization and flow diversion projects shall

appropriately consider issues of sediment

transport, erosion, deposition and channel mi-

gration and properly mitigate potential problems

through the project as well as upstream and

downstream of any improvement activity. A de-

tailed analysis of sediment transport and overall

channel stability should be considered, when

appropriate, to assist in determining the most

appropriate design.

2. Channelization and flow diversion projects shall

evaluate the residual 100-year floodplain.

3. Any channelization or other stream alteration

activity proposed by a project proponent must be

evaluated for its impact on the regulatory flood-

plain and be in compliance with all applicable

Federal, State and local floodplain rules, regula-

tions and resolutions.

4. Any stream alteration activity shall be designed

and sealed by a registered Colorado Profes-

sional Engineer or Certified Professional Hydrol-

ogist.

5. All activities within the regulatory floodplain shall

meet all applicable Federal, State and Las Ani-

mas County floodplain requirements and regula-

tions.

6. Within the Regulatory Floodway, stream altera-

tion activities shall not be constructed unless the

project proponent demonstrates through a

Floodway analysis and report, sealed by a regis-

tered Colorado Professional Engineer, that there

is not more than a 0.00-foot rise in the proposed

conditions compared to existing conditions

Floodway (otherwise known as a No-Rise Certi-

fication) resulting from the project, otherwise

known as a No-Rise Certification, unless the

community first applies for a CLOMR and

Floodway revision in accordance with Section

10.20.

7. Maintenance shall be required for any altered or

relocated portions of watercourses so that the

flood-carrying capacity is not diminished.

10.22 Properties Removed From the Floodplain

by Fill

A Floodplain Development Permit shall not be is-

sued for the construction of a new structure or addi-

tion to an existing structure on a property removed

from the floodplain by the issuance of a FEMA Letter

of Map Revision Based on Fill (LOMR-F), unless

such new structure or addition complies with the

following:

1. Residential construction

The lowest floor (including basement), electrical,

heating, ventilation, plumbing and air condition-

ing equipment and other service facilities (in-

cluding ductwork) must be elevated to one (1)

foot above the Base Flood Elevation that existed

prior to the placement of fill.

Land Use Regulations Flood Damage Prevention Regulations — §10.22

10-13

2. Nonresidential construction

The lowest floor (including basement), electrical,

heating, ventilation, plumbing and air condition-

ing equipment and other service facilities (in-

cluding ductwork) must be elevated to one (1)

foot above the Base Flood Elevation that existed

prior to the placement of fill or, together with at-

tendant utility and sanitary facilities, be designed

so that the structure or addition is watertight to

at least one (1) foot above the base flood level

that existed prior to the placement of fill with

walls substantially impermeable to the passage

of water and with structural components having

the capability of resisting hydrostatic and hydro-

dynamic loads of effects of buoyancy.

10.23 Standards for Subdivision Proposals

1. All subdivision proposals including the place-

ment of manufactured home parks and subdivi-

sions shall be reasonably safe from flooding. If

a subdivision or other development proposal is

in a flood-prone area, the proposal shall mini-

mize flood damage.

2. All proposals for the development of subdivi-

sions including the placement of manufactured

home parks and subdivisions shall meet Flood-

plain Development Permit requirements of this

Chapter.

3. Base Flood Elevation data shall be generated

for subdivision proposals and other proposed

development including the placement of manu-

factured home parks and subdivisions which is

greater than fifty (50) lots or five (5) acres,

whichever is lesser, if not otherwise provided

pursuant to this Chapter.

4. All subdivision proposals including the place-

ment of manufactured home parks and subdivi-

sions shall have adequate drainage provided to

reduce exposure to flood hazards.

5. All subdivision proposals including the place-

ment of manufactured home parks and subdivi-

sions shall have public utilities and facilities such

as sewer, gas, electrical and water systems lo-

cated and constructed to minimize or eliminate

flood damage.

10.24 Standards for Critical Facilities

A Critical Facility is a structure or related infrastruc-

ture, but not the land on which it is situated, as spec-

ified in Rule 6 of the Rules and Regulations for

Regulatory Floodplains in Colorado, that, if flooded,

may result in significant hazards to public health and

safety or interrupt essential services and operations

for the community at any time before, during and

after a flood.

1. Classification of critical facilities

It is the responsibility of Las Animas County to

identify and confirm that specific structures in

their community meet the following criteria:

Critical Facilities are classified under the follow-

ing categories: (a) Essential Services; (b) Haz-

ardous Materials; (c) At-risk Populations; and (d)

Vital to Restoring Normal Services.

a. Essential services facilities include public

safety, emergency response, emergency

medical, designated emergency shelters,

communications, public utility plant facilities

and transportation lifelines.

These facilities consist of:

1) Public safety (police stations, fire and

rescue stations, emergency vehicle and

equipment storage and emergency op-

eration centers);

2) Emergency medical (hospitals, ambu-

lance service centers, urgent care cen-

ters having emergency treatment

functions and non-ambulatory surgical

structures, but excluding clinics, doctors'

offices and non-urgent care medical

structures that do not provide these

functions);

3) Designated emergency shelters;

4) Communications (main hubs for tele-

phone, broadcasting equipment for ca-

ble systems, satellite dish systems,

cellular systems, television, radio and

other emergency warning systems, but

excluding towers, poles, lines, cables

and conduits);

5) Public utility plant facilities for genera-

tion and distribution (hubs, treatment

plants, substations and pumping sta-

tions for water, power and gas, but not

including towers, poles, power lines,

buried pipelines, transmission lines, dis-

tribution lines and service lines); and

Land Use Regulations Flood Damage Prevention Regulations — §10.24

10-14

6) Air Transportation lifelines (airports

[municipal and larger], helicopter pads

and structures serving emergency func-

tions, and associated infrastructure [avi-

ation control towers, air traffic control

centers, and emergency equipment air-

craft hangars]).

Specific exemptions to this category include

wastewater treatment plants (WWTP), non-

potable water treatment and distribution sys-

tems and hydroelectric power-generating

plants and related appurtenances.

Public utility plant facilities may be exempted

if it can be demonstrated to the satisfaction

of Las Animas County that the facility is an

element of a redundant system for which

service will not be interrupted during a flood.

At a minimum, it shall be demonstrated that

redundant facilities are available (either

owned by the same utility or available

through an intergovernmental agreement or

other contract) and connected, the alterna-

tive facilities are either located outside of the

100-year floodplain or are compliant with the

provisions of this Chapter, and an opera-

tions plan is in effect that states how redun-

dant systems will provide service to the

affected area in the event of a flood. Evi-

dence of ongoing redundancy shall be pro-

vided to Las Animas County on an as-

needed basis upon request.

b. Hazardous materials facilities include facili-

ties that produce or store highly volatile,

flammable, explosive, toxic and/or water-

reactive materials.

These facilities may include:

1) Chemical and pharmaceutical plants

(chemical plant, pharmaceutical manu-

facturing);

2) Laboratories containing highly volatile,

flammable, explosive, toxic and/or wa-

ter-reactive materials;

3) Refineries;

4) Hazardous waste storage and disposal

sites; and

5) Aboveground gasoline or propane stor-

age or sales centers.

Facilities shall be determined to be Critical

Facilities if they produce or store materials in

excess of threshold limits. If the owner of a

facility is required by the Occupational Safe-

ty and Health Administration (OSHA) to

keep a Material Safety Data Sheet (MSDS)

on file for any chemicals stored or used in

the work place, AND the chemical is stored

in quantities equal to or greater than the

Threshold Planning Quantity (TPQ) for that

chemical, then that facility shall be consid-

ered to be a Critical Facility. The TPQ for

these chemicals is: either five hundred

(500) pounds or the TPQ listed (whichever is

lower) for the three hundred fifty-six (356)

chemicals listed under 40 C.F.R. § 302

(2010), also known as Extremely Hazardous

Substances (EHS); or ten thousand (10,000)

pounds for any other chemical. This thresh-

old is consistent with the requirements for

reportable chemicals established by the

Colorado Department of Public Health and

Environment. OSHA requirements for

MSDS can be found in 29 C.F.R. § 1910

(2010). The Environmental Protection

Agency (EPA) regulation “Designation, Re-

portable Quantities, and Notification,” 40

C.F.R. § 302 (2010) and OSHA regulation

“Occupational Safety and Health Stand-

ards,” 29 C.F.R. § 1910 (2010) are incorpo-

rated herein by reference and include the

regulations in existence at the time of the

promulgation this Chapter, but exclude later

amendments to or editions of the regulations

Specific exemptions to this category include:

1) Finished consumer products within retail

centers and households containing haz-

ardous materials intended for household

use, and agricultural products intended

for agricultural use.

2) Buildings and other structures contain-

ing hazardous materials for which it can

be demonstrated to the satisfaction of

the local authority having jurisdiction by

hazard assessment and certification by

a qualified professional (as determined

by the local jurisdiction having land use

authority) that a release of the subject

hazardous material does not pose a ma-

jor threat to the public.

Land Use Regulations Flood Damage Prevention Regulations — §10.24

10-15

3) Pharmaceutical sales, use, storage and

distribution centers that do not manufac-

ture pharmaceutical products.

These exemptions shall not apply to build-

ings or other structures that also function as

Critical Facilities under another category

outlined in this Chapter.

c. At-risk population facilities include medical

care, congregate care, and schools.

These facilities consist of:

1) Elder care (nursing homes).

2) Congregate care serving twelve (12) or

more individuals (day care and assisted

living).

3) Public and private schools (pre-schools,

K-12 schools), before-school and after-

school care serving twelve (12) or more

children).

d. Facilities vital to restoring normal services,

including government operations.

These facilities consist of:

1) Essential government operations (public

records, courts, jails, building permitting

and inspection services, community

administration and management,

maintenance and equipment centers).

2) Essential structures for public colleges

and universities (dormitories, offices and

classrooms only).

These facilities may be exempted if it is

demonstrated to Las Animas County that the

facility is an element of a redundant system

for which service will not be interrupted dur-

ing a flood. At a minimum, it shall be

demonstrated that redundant facilities are

available (either owned by the same entity

or available through an intergovernmental

agreement or other contract), the alternative

facilities are either located outside of the

100-year floodplain or are compliant with

this Chapter, and an operations plan is in ef-

fect that states how redundant facilities will

provide service to the affected area in the

event of a flood. Evidence of ongoing re-

dundancy shall be provided to Las Animas

County on an as-needed basis upon re-

quest.

2. Protection for critical facilities

All new and substantially improved Critical Fa-

cilities and new additions to Critical Facilities lo-

cated within the Special Flood Hazard Area shall

be regulated to a higher standard than struc-

tures not determined to be Critical Facilities. For

the purposes of this Chapter, protection shall in-

clude one (1) of the following:

a. Location outside the Special Flood Hazard

Area; or

b. Elevation of the lowest floor or floodproofing

of the structure, together with attendant utili-

ty and sanitary facilities, to at least two (2)

feet above the Base Flood Elevation.

3. Ingress and egress for new critical facilities

New Critical Facilities shall, when practicable as

determined by Las Animas County, have contin-

uous non-inundated access (ingress and egress

for evacuation and emergency services) during

a 100-year flood event.

11-i

CHAPTER XI

REGULATIONS FOR AREAS AND ACTIVITIES OF LOCAL CONCERN AND

STATE INTEREST (H.B. 1041 REGULATIONS)

11.01 Introduction .................................................................................................................................................... 11-1

11.02 General Provisions ........................................................................................................................................ 11-1

11.02.01 Title ............................................................................................................................................. 11-1

11.02.02 Reasons for Designation ............................................................................................................. 11-1

11.02.03 Purpose and Findings ................................................................................................................. 11-1

11.02.04 Applicability ................................................................................................................................. 11-1

11.02.05 Repeal ......................................................................................................................................... 11-2

11.02.06 Boundaries of Designated Areas ................................................................................................. 11-2

11.02.07 Maps ........................................................................................................................................... 11-2

11.02.08 Mapping and Boundary Disputes ................................................................................................ 11-2

11.02.09 Duties of the Board of County Commissioners ............................................................................ 11-3

11.02.10 Warning and Disclaimer .............................................................................................................. 11-3

11.03 Exemptions .................................................................................................................................................... 11-3

11.04 Identification of Matters of Local Concern and State Interest ......................................................................... 11-3

11.05 Designation of Matters of Local Concern and State Interest .......................................................................... 11-4

11.05.01 Moratorium on Development ....................................................................................................... 11-4

11.06 Public Hearing Requirement and Provisions for Designation ......................................................................... 11-4

11.06.01 Publication and Distribution of Notice of Public Hearing .............................................................. 11-4

11.06.02 Matters to be Considered at Designation Hearings ..................................................................... 11-5

11.06.03 Record of the Designation Proceeding ........................................................................................ 11-5

11.06.04 Adoption of Designation and Regulations ................................................................................... 11-5

11.06.05 Reserved ..................................................................................................................................... 11-6

11.06.06 Recording of Notice of Designation ............................................................................................. 11-6

11.06.07 Effect of Designation: Moratorium Until Final Determination ...................................................... 11-6

11.07 Development Permit Provisions and Requirements ....................................................................................... 11-6

11.07.01 Notice of Permit Hearing ............................................................................................................. 11-6

11.07.02 Conduct of Permit Hearing .......................................................................................................... 11-7

11.07.03 Approval or Denial of the Permit Application ............................................................................... 11-7

11.07.04 Combined Designation and Permit Hearing ................................................................................ 11-8

11.07.05 Issuance of Permits ..................................................................................................................... 11-8

11.08 Financial Security .......................................................................................................................................... 11-8

11.09 Reserved ....................................................................................................................................................... 11-9

11.10 Revocation or Suspension of Permits ............................................................................................................ 11-9

11.10.01 Violation of Permits ..................................................................................................................... 11-9

11.10.02 Public Hearing and Revocation or Suspension ........................................................................... 11-10

11.11 Inspection and Enforcement .......................................................................................................................... 11-10

11.12 Building Permits ............................................................................................................................................. 11-10

11.13 Relationship to Other Regulations and Requirements ................................................................................... 11-10

11.14 Complaints ..................................................................................................................................................... 11-11

11.15 Definitions ...................................................................................................................................................... 11-11

11.16 Reserved ....................................................................................................................................................... 11-13

11.17 Reserved ....................................................................................................................................................... 11-13

11.18 Reserved ....................................................................................................................................................... 11-13

11.19 Reserved ....................................................................................................................................................... 11-13

11.20 Regulations for Site Selection and Development of New Communities ......................................................... 11-13

11.20.01 Purpose and Intent ...................................................................................................................... 11-13

11.20.02 Applicability ................................................................................................................................. 11-14

11.20.03 Relationship to Other Regulations and Requirements................................................................. 11-14

11-ii

11.21 Designation of Site Selection and Development of New Communities ......................................................... 11-14

11.21.01 Boundaries of Area Covered by the Designation ........................................................................ 11-14

11.21.02 Reasons for Designation ............................................................................................................ 11-14

11.22 Permit Program for Site Selection and Development of New Communities .................................................. 11-14

11.22.01 Permit Requirement ................................................................................................................... 11-14

11.22.02 Procedural Requirements ........................................................................................................... 11-14

11.22.03 Application Fees ......................................................................................................................... 11-14

11.22.04 Submittal Requirements ............................................................................................................. 11-15

11.22.05 Waiver of Submittal Requirements ............................................................................................. 11-17

11.22.06 Approval of a Permit Application ................................................................................................ 11-18

11.22.07 Denial of a Permit Application .................................................................................................... 11-19

11.23 Regulations for Site Selection and Construction of Major New Domestic Water and Sewage

Treatment Systems ....................................................................................................................................... 11-19

11.23.01 Purpose and Intent ..................................................................................................................... 11-19

11.23.02 Applicability ................................................................................................................................ 11-19

11.23.03 Nonconforming Uses .................................................................................................................. 11-19

11.23.04 Relationship to Other Regulations and Requirements ................................................................ 11-20

11.24 Designation of Site Selection and Construction of Major New Domestic Water and Sewage

Treatment Systems ....................................................................................................................................... 11-20

11.24.01 Boundaries of Area Covered by the Designation ........................................................................ 11-20

11.24.02 Reasons for Designation ............................................................................................................ 11-20

11.25 Permit Applications and Permits ................................................................................................................... 11-20

11.25.01 Application Procedures .............................................................................................................. 11-20

11.25.02 Prohibition on the Site Selection and Construction of Major New Domestic Water and

Sewage Treatment Systems ...................................................................................................... 11-21

11.25.03 Application for a Permit .............................................................................................................. 11-21

11.25.04 Submittal Requirements ............................................................................................................. 11-21

11.25.05 Waiver of Submittal Requirements ............................................................................................. 11-24

11.25.06 Approval of a Permit Application ................................................................................................ 11-24

11.25.07 Denial of a Permit Application .......................................................................................

............. 11-25

11.26 Regulations for Major Extension of Existing Domestic Water and Sewage Treatment Systems ................... 11-25

11.26.01 Purpose and Intent ..................................................................................................................... 11-25

11.26.02 Applicability ................................................................................................................................ 11-25

11.26.03 Nonconforming Uses .................................................................................................................. 11-25

11.26.04 Relationship to Other Regulations and Requirements ................................................................ 11-25

11.27 Designation of Major Extension of Existing Domestic Water and Sewage Treatment Systems .................... 11-25

11.27.01 Boundaries of the Area Covered by the Designation .................................................................. 11-25

11.27.02 Reasons for Designation ............................................................................................................ 11-25

11.28 Permit Applications and Permits ................................................................................................................... 11-26

11.28.01 Application Procedures .............................................................................................................. 11-26

11.28.02 Prohibition on Major Extensions of Existing Domestic Water and Sewage Treatment

Systems ...................................................................................................................................... 11-26

11.28.03 Application for a Permit .............................................................................................................. 11-26

11.28.04 Submittal Requirements ............................................................................................................. 11-26

11.28.05 Waiver of Submittal Requirements ............................................................................................. 11-26

11.28.06 Approval of a Permit Application ................................................................................................ 11-26

11.28.07 Denial of a Permit Application .................................................................................................... 11-27

11.29 Reserved....................................................................................................................................................... 11-27

11.30 Reserved....................................................................................................................................................... 11-27

11.31 Reserved....................................................................................................................................................... 11-27

11.32 Regulations for Efficient Utilization of Municipal and Industrial Water Projects ............................................. 11-27

11.32.01 Title and Citation ........................................................................................................................ 11-27

11.32.02 Purpose and Intent ..................................................................................................................... 11-27

11.32.03 Applicability ................................................................................................................................ 11-27

11.32.04 Relationship to Other Regulations and Requirements ................................................................ 11-27

11.32.05 Designation of Municipal and Industrial Water Projects ............................................................. 11-27

11.32.06 Reasons for Designation ............................................................................................................ 11-27

11-iii

11.32 Regulations for Efficient Utilization of Municipal and Industrial Water Projects (Cont'd)

11.32.07 Application Procedure ................................................................................................................. 11-27

11.32.08 Prohibition on Development of Municipal and Industrial Water Projects ..................................... 11-28

11.32.09 Application for a Permit ............................................................................................................... 11-28

11.32.10 Submittal Requirements .............................................................................................................. 11-28

11.32.11 Waiver of Submission Requirements .......................................................................................... 11-30

11.32.12 Approval of a Permit Application ................................................................................................. 11-30

11.32.13 Denial of a Permit Application ..................................................................................................... 11-30

11.32.14 Administration, Enforcement and Penalties ................................................................................. 11-30

11.33 Designation of Site Selection and Construction of Major Facilities of a Public Utility ..................................... 11-30

11.33.01 Purpose and Intent ...................................................................................................................... 11-31

11.33.02 Applicability ................................................................................................................................. 11-31

11.33.03 Relationship of Regulations to Other County, State and Federal Requirements Affecting

Major Facilities of a Public Utility ................................................................................................. 11-31

11.33.04 Boundaries of Area Covered by Designation .............................................................................. 11-31

11.33.05 Reasons for Designation ............................................................................................................. 11-31

11.33.06 Restriction to Corridors ................................................................................................................ 11-32

11.33.07 Prohibition of Site Selection and Construction of a Major Facility of a Public Utility Without

Permit .......................................................................................................................................... 11-32

11.33.08 Prohibition on Placement of Compressor Stations or Power Plants Within a One-Mile

Radius of any Residence ............................................................................................................ 11-32

11.33.09 Noise Level Requirements for Major Facilities of a Public Utility ................................................. 11-32

11.33.10 Procedural Requirements ............................................................................................................ 11-32

11.33.11 Preapplication Conference .......................................................................................................... 11-33

11.33.12 Preliminary Application ................................................................................................................ 11-34

11.33.13 Application Submittal Requirements............................................................................................ 11-36

11.33.14 Approval of Permit Application .................................................................................................... 11-40

Land Use Regulations H.B. 1041 Regulations — §11.01

11-1

CHAPTER XI

REGULATIONS FOR AREAS AND

ACTIVITIES OF LOCAL CONCERN AND

STATE INTEREST (H.B. 1041 REGULATIONS)

11.01 Introduction

The authority, scope, purpose and legal standing of

these H.B. 1041 regulations for areas and activities

of local concern and state interest are included with

Chapter I of these Regulations and reference is

hereby made that these H.B. 1041 regulations are

specifically authorized by Section 24-65.1-101, et

seq., Colorado Revised Statutes, as amended, and

inter alia, Sections 29-20-101, et seq., and 24-32-

111, Colorado Revised Statutes, as amended.

The common procedures used to review applica-

tions for a permit pursuant to these H.B. 1041 regu-

lations are contained in Section 11.07, the relevant

fee structure for applications is contained in Chapter

XII, enforcement provisions for these H.B. 1041

regulations are contained in Section 11.13, submittal

copy requirements are contained in Section 11.19

and definitions are included in Section 11.32 of

these Regulations.

11.02 General Provisions

11.02.01 Title

The title of this Chapter shall be the Las Animas

County Regulations for Areas and Activities of

Local Concern and State Interest and may be so

cited and pleaded. Hereinafter it shall be re-

ferred to as the H.B. 1041 regulations.

11.02.02 Reasons for Designation

The reasons for the designation of the areas and

activities of local concern and state interest con-

tained herein, the dangers that would result from

uncontrolled conduct of the designated activities

and the advantages of conducting the designat-

ed activities in a coordinated manner are as

stated in the following resolutions of the Board of

County Commissioners: June 30, 1976; Octo-

ber 4, 1977; October 19, 1993; September 15,

1998; September 5, 2000; and July 27, 2010.

11.02.03 Purpose and Findings

The purpose of these H.B. 1041 regulations are

to facilitate identification, designation and admin-

istration of matters of local concern and state

interest consistent with the statutory require-

ments and criteria set forth in Section 24-65.1-

101, et seq., Colorado Revised Statutes, as

amended, as well as to provide certain inclu-

sions in the Las Animas County Master Plan

pursuant to Section 24-32-111, Colorado Re-

vised Statutes, as amended.

The Board of County Commissioners hereby

finds that:

1. The notice and public hearing requirements

of Section 24-65.1-404, Colorado Revised

Statutes, as amended, have been followed.

2. These H.B. 1041 regulations are necessary

because of the intensity of current and fore-

seeable future development pressures on

and within the jurisdiction.

3. These H.B. 1041 regulations apply to the

entire unincorporated area of Las Animas

County.

4. These H.B. 1041 regulations interpret and

apply any regulations adopted for specific

areas and activities of local concern and

state interest which have been or may be

designated by the Board of County Com-

missioners.

11.02.04 Applicability

These H.B. 1041 Regulations shall apply to all

proceedings concerning identification and des-

ignation of and developments in any area of lo-

cal concern and state interest or any activity of

local concern and state interest which has been

or may hereafter be designated by the Board of

County Commissioners. Designated matters of

local concern and state interest include the fol-

lowing matters:

1. Flood hazard areas.

2. Site selection and development of new

communities.

3. Sites selection and construction of major

new domestic water and sewage treatment

systems.

4. Major extensions of existing domestic water

and sewage treatment systems.

5. Site selection and construction of major fa-

cilities of a public utility.

Land Use Regulations H.B. 1041 Regulations — §11.02.04

11-2

6. Efficient utilization of municipal and industri-

al water projects.

Proposed designations and amendments or rev-

ocations of designations of matters of local con-

cern and state interest to conduct a designated

activity of local concern and state interest shall

require compliance with the publication and dis-

tribution of notice of public hearing, scheduling,

record keeping and all other provisions and re-

quirements of Section 2.04. In the event of in-

consistencies between the procedures and other

provisions contained therein and those con-

tained herein, the procedures and other provi-

sions contained therein shall prevail.

11.02.05 Repeal

All regulations, resolutions and amendments to

regulations and resolutions of Las Animas Coun-

ty pertaining to the designation and regulation of

areas and activities of state interest adopted

pursuant to Section 24-65.1-101, et seq., Colo-

rado Revised Statutes, as amended, are hereby

repealed only to the extent such regulations are

inconsistent herewith. It is the intent of this Sec-

tion to restate, with amendments, all H.B. 1041

regulations of Las Animas County previously

adopted by resolutions of the Board of County

Commissioners, as such resolutions are listed in

Section 11.02.02 hereof. The repeal of any of

these prior regulations or resolutions does not

revive any other regulations or resolution or por-

tion thereof. This repeal shall not affect nor pre-

vent the prosecution or punishment for the

violation of any resolution or regulation or por-

tion thereof repealed, for any offense committed

prior to the repeal.

11.02.06 Boundaries of Designated Areas

The location and boundaries of any area desig-

nated and regulated pursuant to this Chapter XI

shall be as they appear on the maps adopted by

this Chapter and referred to in Section 11.02.07.

The boundary lines shall be determined by use

of the scale appearing on the maps. Where in-

terpretation is needed as to the exact location of

a boundary line or where there appears to be a

conflict between a mapped boundary and actual

field conditions, the Planning Director shall make

such determinations.

11.02.07 Maps

Each map referred to in designations and regu-

lations for any particular matter of local concern

and state interest adopted by Las Animas Coun-

ty is deemed adopted therein as if set out in full.

Maps referred to in any such designation and

regulation shall be filed with and available for in-

spection in the office of the Las Animas County

Clerk and Recorder.

11.02.08 Mapping and Boundary Disputes

Any person contesting the location of an adopt-

ed boundary line or the existence of designated

conditions within such area shall be provided

with a reasonable opportunity to present his

case to the Planning Commission and the Board

of County Commissioners. The Board of County

Commissioners may, at its discretion and upon

the showing of good cause, exclude the property

in question from the designated area.

Applicants wishing to so contest the location of

an adopted boundary line or the existence of

designated conditions within an area shall sub-

mit sufficient technical information from reliable

sources in support of their case. Such infor-

mation shall be submitted to the Planning Com-

mission for review and recommendation and the

recommendation, along with the supporting in-

formation, shall be forwarded to the Board of

County Commissioners for a determination.

The Board of County Commissioners shall not

grant an exclusion unless the technical evidence

presented clearly and conclusively establishes

that the map location of the line is incorrect or

inappropriate or that, in a designated hazard ar-

ea, hazard conditions do not in fact present a

significant hazard to the public health, safety or

welfare or to property at the specific location

within the hazard area boundary for the particu-

lar proposed uses.

If the Board of County Commissioners grants an

exclusion, the Board shall cause such exclusion

to be noted on the official designation maps and

shall, without further cost or delay to the appli-

cant, undertake any necessary proceedings to

redesignate or amend the area to reflect the

amendment of the official designation map.

Land Use Regulations H.B. 1041 Regulations — §11.02.09

11-3

11.02.09 Duties of the Board of County

Commissioners

Unless otherwise specifically provided for, it

shall be the duty of the Board of County Com-

missioners to perform all functions set forth in all

provisions of these H.B. 1041 regulations re-

garding areas and activities of local concern and

state interest, including serving as the Permit

Authority.

11.02.10 Warning and Disclaimer

The provisions of these H.B. 1041 regulations

do not in any way assure or imply that areas

outside any hazard areas designated herein will

be free from any natural or manmade hazards.

11.03 Exemptions

These H.B. 1041 regulations shall not apply to any

development in an area of local concern and state

interest or to any activity of local concern and state

interest if, on May 17, 1974:

1. The specific development or activity was cov-

ered by a current building permit issued by Las

Animas County.

2. The specific development or activity was directly

approved by the electorate of the State of Colo-

rado or Las Animas County, provided that ap-

proval by the electorate of any bond issue by

itself shall not be construed as approval of the

specific development or activity.

3. The specific development or activity is on land

which has been finally approved, with or without

conditions, for planned unit development or for a

use other than a subdivision substantially the

same as planned unit development.

4. The specific development activity is on land

which was zoned or rezoned in response to an

application, which specifically contemplated said

specific development or activity.

5. The specific development or activity is on land

with respect to which a final plat for a subdivi-

sion had been approved, pursuant to the provi-

sions of Sections 30-28-101, 30-28-110, 30-28-

133, 30-28-136 and 30-28-137, Colorado Re-

vised Statutes, as amended.

11.04 Identification of Matters of Local Concern

and State Interest

The technical step in identification in any matter of

local concern and state interest shall be made by

report and must be completed for the appropriate

matter of local concern and state interest before

identification be adopted.

After completion of the technical step, identification

by the Planning Commission is completed when

adopted as part of the Las Animas County Master

Plan or when a designation or regulation based

thereon is adopted by the Board of County Commis-

sioners.

Adoption of identification shall be accomplished

under the same procedures followed for adoption of

a master plan, as well as the following additional

procedures:

1. The "careful and comprehensive surveys" upon

which the master plan must be based according

to Sections 30-28-107 and 31-23-107, Colorado

Revised Statutes, as amended, shall include the

technical step as described above.

2. At least thirty (30) days before adoption of offi-

cial identification as part of the master plan, a

summary of the proposed official identification

shall be submitted to the division of local gov-

ernment, Colorado Department of Local Affairs,

or its successor, for review and advisory rec-

ommendations. If any other local governmental

jurisdiction would be directly or indirectly affect-

ed, the proposed identification similarly shall be

submitted to such governments.

3. The Planning Commission's adoption of the

identification as part of the master plan shall be

made by resolution.

4. Before adoption, the Planning Commission shall

hold at least one (1) public hearing thereon, with

notice of the hearing given by publication in a

newspaper of general circulation in Las Animas

County and with the notice of the hearing being

given to all members of the news media in the

County as determined to be appropriate by the

Planning Commission.

Land Use Regulations H.B. 1041 Regulations — §11.04

11-4

5. Adoption shall refer to all maps and descriptive

matter intended to be part of the identification.

The action taken shall be recorded on any such

map or descriptive matter by the signature of the

chairman, or in the chairman's absence, the sec-

retary of the Planning Commission.

6. Once the identification is adopted as part of the

master plan, the Planning Commission shall cer-

tify a copy of the identification to the division of

local government, Colorado Department of Local

Affairs, or its successor.

11.05 Designation of Matters of Local Concern

and State Interest

Designations and amendments or revocations of

designations of matters of local concern and state

interest may be initiated in any of the following ways:

1. After a matter of local concern and state interest

has been identified, as provided for in these H.B.

1041 regulations, the Board of County Commis-

sioners may designate such matter in accord-

ance with the provisions contained herein.

2. If the Board of County Commissioners finds that

it would be inappropriate to await identification of

any matter of local concern and state interest by

the Planning Commission, the Board of County

Commissioners may designate such matter prior

to the adoption of identification.

3. If the Board of County Commissioners receives

a petition signed by a number of qualified voters

equal to at least eight (8) percent of the total

number of votes cast for all candidates for gov-

ernor in the last general election in Las Animas

County requesting designation of any matter of

local concern and state interest, the Board of

County Commissioners shall begin designation

proceedings on the matter of local concern and

state interest as set forth below.

11.05.01 Moratorium on Development

After the Board of County Commissioners has

elected to consider designation of a matter of lo-

cal concern and state interest within the jurisdic-

tion of Las Animas County, no person shall

engage in development in the area or conduct

the activities under consideration until the Board

of County Commissioners has held its hearing

and issued its order relating thereto.

11.06 Public Hearing Requirement and Provi-

sions for Designation

The Board of County Commissioners shall hold a

public hearing before designating any matter of local

concern and state interest and adopting regulations

for the administration thereof. Said hearing shall be

held not less than thirty (30) nor more than sixty (60)

days after notice of the same pursuant to Section

11.06.01.

11.06.01 Publication and Distribution of No-

tice of Public Hearing

When a public hearing on designation is to be

held, the Planning Director shall prepare a no-

tice of the designation hearing which shall in-

clude:

1. The time and place of the hearing.

2. The place at which materials relating to the

matter to be considered for designation and

any guidelines and regulations for the ad-

ministration thereof may be examined.

3. A telephone number where inquiries may be

answered.

4. A description of the area or activity to be

designated, the description being in suffi-

cient detail to provide reasonable notice as

to property which would be included. The

notice shall include, when practical, both the

legal description of the property as well as

any general or popular names of the proper-

ty.

The Planning Director shall maintain a mailing

list of the names of those persons requesting

that their names addresses be placed on the list

and paying an annual fee, the amount of which

shall be determined from time to time by the

Board of County Commissioners. In order to

have a name and address retained on said mail-

ing list, persons shall resubmit their names and

addresses and pay such fee before January 31

of each year.

At least thirty (30) days but not more than sixty

(60) days before the public hearing, the Planning

Director shall publish the notice in a newspaper

Land Use Regulations H.B. 1041 Regulations — §11.06.01

11-5

of general circulation in Las Animas County and

shall mail the notice by first-class mail to the fol-

lowing parties:

1. State and federal agencies as deemed ap-

propriate at the discretion of the Planning Di-

rector.

2. Persons on the mailing list maintained by

the Planning Director.

3. Any other persons, at the discretion of the

Planning Director, considered likely to be af-

fected by the proposed designation.

4. At the discretion of the Planning Director,

members of the news media.

5. If, in the option of the Planning Director, any

other local government jurisdiction would be

directly or indirectly affected by the pro-

posed designation, notice similarly shall be

mailed to such governmental jurisdictions.

11.06.02 Matters to be Considered at Des-

ignation Hearings

At the public hearing described above, the

Board of County Commissioners shall consider

such evidence as may appear appropriate, in-

cluding but not necessarily limited to:

1. The intensity of current and foreseeable de-

velopment pressures.

2. The matters and considerations set forth in

and applicable guidelines for identification

any designation.

3. The boundaries of the proposed area.

4. Reasons why the particular area or activity

is of local concern and state interest, the

dangers that would result from uncontrolled

development of any such area or uncon-

trolled conduct of such activity, and the ad-

vantages of development of such area or

conduct of such activity in a coordinated

manner.

5. Any master plan pertaining to or affected by

the area or activity under consideration.

The Board of County Commissioners may hear

testimony and receive evidence including:

1. Recommendations submitted by the Plan-

ning Commission upon prior review of the

matter.

2. Relevant testimony and documents present-

ed.

11.06.03 Record of the Designation Pro-

ceeding

The Planning Director will collect and preserve a

record of the public hearing including, at a mini-

mum:

1. Notice of the hearing.

2. Certification of publication of the notice.

3. Names and addresses of persons who pre-

sented written and oral statements.

4. Evidence of the identification of the matter of

local concern and state interest proposed to

be designed.

5. Written findings regarding each of the mat-

ters referred to in Section 6.06.02.

6. A written or electronic record of all testimony

and evidence presented.

Any person may, at that person's expense, pro-

vide for the recording of the hearing and tran-

scription thereof; provided, however, that a copy

of the recording or transcript shall be furnished

free of charge to the Planning Director and shall

become part of the record of the hearing.

11.06.04 Adoption of Designation and

Regulations

At the conclusion of such hearing, the Board of

County Commissioners may adopt, adopt with

modification or reject the proposed designation

that was the subject of the public hearing. If

designation and regulation under Section 24-

65.1-101, et seq., Colorado Revised 1973, as

amended, is rejected, the Board of County

Commissioners may regulate the matter under

any other available land use control authority or

it may, at its discretion, reject regulation of the

matter entirely.

Land Use Regulations H.B. 1041 Regulations — §11.06.04

11-6

Such action as the Board of County Commis-

sioners may take shall be taken by resolution.

In the event that the Board of County Commis-

sioners finally determines that any matter is a

matter of local concern and state interest, it shall

be the duty of the Board to designate such mat-

ter and adopt regulations for the administration

thereof.

Each designation order adopted by the Board of

County Commissioners shall, at a minimum:

1. Specify the boundaries of the designated

area of local concern and state interest or

the boundary of the area in which an activity

of local concern and state interest has been

designated.

2. State reasons why the particular area or ac-

tivity is of local concern and state interest,

the dangers that would result from uncon-

trolled development of such area or the un-

controlled conduct of such activity, and the

advantages of development of such area or

conduct of such activity in a coordinated

manner.

3. Specify the H.B. 1041 regulations applicable

to the designated matter of local concern

and state interest.

11.06.05 Reserved

11.06.06 Recording of Notice of Designation

A notice of the designation shall be certified by

the Board of County Commissioners to the office

of the County Clerk and Recorder for filing in the

same manner as any document affecting real

property.

11.06.07 Effect of Designation: Moratorium

Until Final Determination

After a matter of local concern is designated

pursuant to these H.B. 1041 regulations, no per-

son shall engage in development in such area

and no such activity shall be conducted until the

designation and regulations for such area or ac-

tivity are finally determined as required by Sec-

tion 24-65.1-404(4), Colorado Revised Statutes,

as amended.

11.07 Development Permit Provisions and Re-

quirements

Any person desiring to engage in development in a

designated area of local concern and state interest

or to conduct a designated activity of local concern

and state interest must obtain a permit form the

Board of County Commissioners prior to undertaking

such development.

An application for development under these H.B.

1041 regulations shall not be accepted for review

and decision until and unless the application is com-

plete. If the Board of County Commissioners deter-

mines that an application is incomplete, the Board of

County Commissioners shall specify to an applicant

what additional information is required and, when a

completed application is submitted to the Board of

County Commissioners, the Board of County Com-

missioners or its duly appointed representative shall

note upon the face of the application the date and

hour of its receipt.

When an applicant seeks to obtain a permit to en-

gage in development in more than one (1) area of

local concern and state interest and/or to conduct

more than one (1) activity of local concern and state

interest and/or engage in development in one (1)

area of local concern and state interest and to con-

duct one (1) activity of local concern and state-

interest, a single application may, upon request of

the applicant and at the discretion of the Board of

County Commissioners, be completed for all such

activities or developments and may be reviewed by

the Board of County Commissioners in one (1) con-

solidated public hearing.

Applications for a permit require, in addition to the

application form and such additional materials as

may be specified by the Board of County Commis-

sioners, an application fee; see Chapter XII for the

fee structure.

11.07.01 Notice of Permit Hearing

Not later than thirty (30) days after receipt of a

completed application for a permit, the Board of

County Commissioners shall set and publish no-

tice of a date, time and place for a hearing on

said application. Such notice shall be published

once in a newspaper of general circulation in

Las Animas County, not less than thirty (30)

Land Use Regulations H.B. 1041 Regulations — §11.07.01

11-7

days nor more than sixty (60) days before the

date set for the hearing, and said notice shall al-

so be given to other persons and entities in the

same manner as set forth above for the notice of

designation hearing in Section 11.06.01 of these

H.B. 1041 regulations.

11.07.02 Conduct of Permit Hearing

The Board of County Commissioners shall con-

duct the public hearing in such a manner as to

afford due process to the applicant as well as to

any person opposing the issuance of the re-

quested permit. The public hearing regarding

the issuance of a H.B. 1041 development permit

shall be considered a general submission action

by the Board of County Commissioners. In its

capacity as the Permit Authority, the Board of

County Commissioners shall hear testimony and

receive evidence, including but not necessarily

limited to staff recommendations, relevant testi-

mony presented in person or by written commu-

nication and documents submitted as evidence.

Although the Colorado Rules of Civil Procedure

do not govern the conduct of the hearing, all

persons present at the hearing in person or by

counsel shall be afforded the right of cross-

examination, at the discretion of the Board of

County Commissioners, as well as reasonable

opportunity to offer evidence in rebuttal.

Any person may, at that person's own expense,

provide for the recording of the hearing and

transcription thereof; provided, however, that a

copy of the recording or transcript thereof, if

transcribed, shall be furnished free of charge to

the Board of County Commissioners and shall

become a part of the record.

The Planning Director shall collect and preserve

the following record of the public hearing:

1. The permit application.

2. Any written statements or documents pre-

sented in support of or in opposition to the

permit application.

3. The names and addresses of all persons

making oral or written statements, appearing

as witnesses or offering documentary evi-

dence.

4. Any recording or transcript of the hearing, as

provided in this Section.

5. Written minutes of the Board of County

Commissioners relating to the public hear-

ing.

6. The resolution of the Board of County

Commissioners granting or denying the

permit application.

7. A copy of the permit, if issued.

11.07.03 Approval or Denial of the Permit

Application

If the Board of County Commissioners finds that

there is not sufficient information concerning any

material feature of a proposed development of

activity, the Board of County Commissioners

may deny the application or it may continue the

hearing until the additional information has been

received. However, no such continuance may

exceed sixty (60) days unless agreed to by the

applicant.

The Board of County Commissioners shall ap-

prove an application for a permit to engage in

development in an area of local concern and

state interest or for the conduct of an activity of

local concern and state interest if the proposed

development or activity complies with the provi-

sions of the regulations governing such area or

activity. If the proposed development does not

comply with such regulations and with the Las

Animas County Master Plan, the permit shall be

denied.

Upon reaching a decision, the Board of County

Commissioners, when conducting a hearing

pursuant to this Section, shall state in writing the

reasons for its decision and its findings and con-

clusions.

The Board of County Commissioners shall reach

a decision on a permit application within one

hundred twenty (120) days after the completion

of the permit hearing or the permit application

shall be deemed approved.

Land Use Regulations H.B. 1041 Regulations — §11.07.04

11-8

11.07.04 Combined Designation and Permit

Hearing

If a person proposes to engage in development

in an area of local concern and state interest or

to conduct an activity of local concern and state

interest not previously identified, designated or

for which regulations have not been adopted,

the Board of County Commissioners alone may

hold one (1) hearing for determination of identifi-

cation, designation and regulation, as well as for

granting or denying the permit. No permit that is

granted at the conclusion of any such hearing

shall be authority to engage in development or

to conduct an activity until the identification, des-

ignation and regulations are finally determined.

11.07.05 Issuance of Permits

Permits issued under the provisions of these

H.B. 1041 regulations shall be issued on a form

adopted by and provided by Las Animas County.

Such permits may be issued for an indefinite

term or for a specified period of time.

Copies or notice of the permit shall be sent to

any person or organization requesting a copy

thereof on payment of the cost of reproduction.

A copy of the permit shall be certified by the

Board of County Commissioners to the office of

the County Clerk and Recorder of Las Animas

County for recording in the same manner as any

other document relating to real property, and the

certified copy of the permit shall be presented by

the Board of County Commissioners to the Clerk

and Recorder for recording at the expense of the

applicant.

11.08 Financial Security

Before any permit is issued under the provisions of

these H.B. 1041 regulations, the Board of County

Commissioners may, at its discretion, require the

applicant to file a performance bond deemed ade-

quate by the Board of County Commissioners and

payable to Las Animas County.

The purpose of said financial guarantee shall be to

assure that the applicant or permittee shall faithfully

perform all requirements and stipulations of the

permit or applicable regulations adopted by Las

Animas County.

The amount of said financial guarantee shall be

established by the Board of County Commissioners

upon consideration of the following applicable crite-

ria:

1. The estimated cost of returning the site of the

permitted development or activity to its original

condition or to a condition acceptable to Las

Animas County in accordance with standards

adopted by Las Animas County for the matter of

local concern and state interest for which the

permit is being or was granted.

2. The estimated cost of completing the permitted

development or activity.

3. The estimated cost of complying with any condi-

tion of the permit.

Estimated cost shall be based on the applicant's

submitted cost estimate plus the Board of County

Commissioners estimate of the additional cost to Las

Animas County of bringing in personnel and equip-

ment to accomplish any unperformed provisions of

the financial guarantee. The Board of County

Commissioners will consider the duration of the

development or activity and compute a reasonable

projection of increases due to inflation. The Board

of County Commissioners may require as a condi-

tion of the permit that the financial security shall be

adjusted upon receipt of bids.

At least ten (10) percent of the amount of the finan-

cial guarantee shall be in cash deposited with Las

Animas County's Treasurer and shall be placed in

an earmarked escrow account mutually agreeable to

the Board of County Commissioners and to the

applicant.

The financial guarantee shall be released only when:

1. The permit has been surrendered to Las Animas

County before commencement of any physical

activity on the site of the permitted development

or activity; or

2. The development or activity has been aban-

doned and the site thereof has been returned to

the original condition or to a condition accepta-

ble to the Board of County Commissioners in

accordance with standards adopted by Las Ani-

mas County for the matter of local concern and

state interest for which the permit is being or has

been issued; or

Land Use Regulations H.B. 1041 Regulations — §11.08

11-9

3. The project has been satisfactorily completed; or

4. The applicable guarantee conditions have been

satisfied.

Any security may be canceled by a surety only upon

receipt of the Board of County Commissioners'

written consent, which may be granted only when

such cancellation will not detract from the purposes

of the security.

If the license to do business in Colorado of any

surety upon a security filed pursuant to this regula-

tion is suspended or revoked by any state authority,

then the applicant or permittee, within sixty (60) days

after receiving notice thereof, shall substitute a good

and sufficient surety licensed to do business in the

State of Colorado. Upon failure of the permittee to

make substitution of surety within the time allowed,

the Board of County Commissioners shall suspend

the permit until proper substitution has been made.

If the Board of County Commissioners determines

that a financial guarantee should be forfeited be-

cause of any violation of the permit or any applicable

regulations adopted by the Board of County Com-

missioners, it shall provide written notice to the

surety and to the permittee that the financial guaran-

tee will be forfeited unless the permittee makes

written demand to the Board of County Commis-

sioners within thirty (30) days after the permittee's

receipt of notice, requesting a hearing before the

Board of County Commissioners. If no demand is

made by the permittee within the said period, the

Board of County Commissioners shall order the

financial guarantee forfeited.

The Board of County Commissioners shall hold a

hearing within thirty (30) days after the receipt of the

demand by the permittee. At the hearing, the per-

mittee may present for consideration of the Board of

County Commissioners statements, documents and

other information with respect to the alleged viola-

tion. At the conclusion of the hearing, the Board of

County Commissioners shall either withdraw the

notice of violation or enter an order forfeiting the

financial guarantee.

The cash deposit described in this Section 11.08

may be used by the Board of County Commissioners

in the event of the default or alleged default of the

permit holder only for the purpose of recovering on

the surety or for fulfilling the permit obligations of the

permit holder. In the event that the ultimate review-

ing court determines that there has been no default

by the permit holder, that portion of any monies

expended by Las Animas County from the escrow

funds relating to such default shall be replaced in the

escrow account by Las Animas County immediately

following such determination.

Las Animas County may arrange with a lending

institution, which provides money for the permit

holder, that said institution may hold in escrow any

funds required for said cash deposit. Funds shall be

distributed out of escrow by the institution to Las

Animas County upon the County's demand for the

purposes specified in this Section.

If the forfeiture results in inadequate revenues to

cover the costs of accomplishing the purposes of the

financial guarantee, legal representatives and

agents of Las Animas County shall take such steps

as are proper and necessary to recover such costs

where recovery is deemed possible.

11.09 Reserved

11.10 Revocation or Suspension of Permits

11.10.01 Violation of Permits

When it comes to the attention of the Board of

County Commissioners that the provisions of

any permit or the terms of any regulation for

administration under these H.B. 1041 regula-

tions have been violated by a holder of a permit,

the Board of County Commissioners may tem-

porarily suspend the permit for a period of thirty

(30) days.

Before making such a temporary suspension,

the Board of County Commissioners shall give

the permit holder written notice of the specific

violation and shall allow the permit holder a pe-

riod of at least fifteen (15) days to correct the vi-

olation. If the permit holder does not concur that

violations have occurred, the permittee shall,

within fifteen (15) days of receipt of said notice,

show cause to the Board of County Commis-

sioners why temporary suspension shall not be

ordered. A hearing shall then be held within

said thirty-day period.

Land Use Regulations H.B. 1041 Regulations — §11.10.02

11-10

11.10.02 Public Hearing and Revocation or

Suspension

Either prior to or subsequent to a temporary

suspension, the Board of County Commission-

ers may permanently revoke or suspend the

permit after conducting a public hearing in sub-

stantially the same manner and after substantial-

ly the same notice as if required for permit

hearings under the provisions of these H.B.

1041 regulations if the Board of County Com-

missioners finds:

1. A violation of the provisions of the permit or

any applicable regulation for administration

which may have been adopted by the Board

of County Commissioners; or

2. That the applicant has failed to take sub-

stantial steps to initiate the permitted devel-

opment or activity within twelve (12) months

from the date of issuance of the permit or, if

such steps have been taken, the applicant

has failed to complete the development or

activity with reasonable diligence.

11.11 Inspection and Enforcement

The use, occupation or development of or activity in

each and every area or activities subject to these

H.B. 1041 regulations, are subject to the inspection

and enforcement provisions of Chapter XIII of these

H.B. 1041 regulations.

If a violation shall be found to exist, the Planning

Commission or its authorized representative shall by

written order direct that such remedial action be

taken forthwith as will result in full compliance with

the applicable regulations. The issuance of such

order, however, shall in no way or manner be

deemed a prerequisite to the institution of such

enforcement proceedings as are set forth in these

H.B. 1041 regulations, and compliance with such

order shall not necessarily be deemed to be a de-

fense to any alleged violation of this or any other

applicable regulations of Las Animas County in any

court action instituted seeking full compliance there-

with.

11.12 Building Permits

No building or other structure shall be erected nor

shall a building permit be issued within an area of

local concern and state interest or for an activity of

local concern and state interest unless and until all

applicable identification, designation, administration

and permit provisions of these H.B. 1041 regulations

have been met.

11.13 Relationship to Other Regulations and

Requirements

Nothing in these H.B. 1041 regulations shall be

construed as exempting an applicant for a permit

from any other requirements of Las Animas County

or other State of Colorado or federal laws, regula-

tions or requirements provided, however, that in the

event a special use permit under Section 2.15 of

these Regulations is required for a proposed activity

which is also governed by these HB 1041 Regula-

tions, review of the required permit under these HB

1041 Regulations may be combined with review of

the special use permit application pursuant to the

following procedure:

1. The submission requirements for a special use

permit set forth in Section 2.15.02 may be com-

bined with those for the relevant permit under

these HB 1041 Regulations and duplication

eliminated.

2. The Planning Commission hearing required by

Section 2.15.04 for a special use permit must

precede the Board of County Commissioners

hearing on the relevant permit under these HB

1041 Regulations.

3. The Board of County Commissioners hearing on

the special use permit may be combined with

the Board of County Commissioners hearing on

the relevant permit under these HB 1041 Regu-

lations.

4. At the close of the combined hearing, the Board

of County Commissioners shall act first on the

special use permit application, and either ap-

prove, approve with conditions or deny the same

as contemplated by Section 2.15.05.

5. In the event the special use permit is denied, the

Board of County Commissioners shall not act

upon the application for the relevant permit un-

der these HB 1041 Regulations, in recognition of

the fact that no permit under these HB 1041

Regulations may be issued if another required

County permit is not obtained or is denied.

Land Use Regulations H.B. 1041 Regulations — §11.10.02

11-11

6. In the event the special use permit application is

approved, with or without conditions, the Board

of County Commissioners shall proceed to take

action on the application for the relevant permit

under these HB 1041 Regulations. Subsequent

to approval of a special use permit under this

combined procedure, the permit holder shall, if

required by the terms of the special use permit,

apply for renewals of the same in the manner

prescribed by Section 2.15.04.

To the extent that the requirements of these H.B.

1041 regulations differ from any other applicable

requirements, the more restrictive requirements shall

apply.

11.14 Complaints

Any person aggrieved by a violation or alleged viola-

tion of any provision of these H.B. 1041 regulations

may file a written complaint with the Planning Direc-

tor, who shall promptly investigate such complaint

and report his or her findings to the Board of County

Commissioners.

11.15 Definitions

Appurtenant facilities means any buildings,

structures or other property which are clearly in-

cidental to, and customarily found in connection

with, major facilities of public utilities and are

operated and maintained for the benefit or con-

venience of the occupants, employees, custom-

ers or visitors of such major facilities.

Aquifer recharge area means any area where

surface waters may infiltrate to a water-bearing

stratum of permeable rock, sand or gravel. This

definition will also include wells used for disposal

of wastewater or other toxic pollutants.

Efficient use of water means the employment

of methods, procedures, techniques and con-

trols to ensure that the amount of water and the

purpose for which water is used will yield the

greatest possible benefit to the greatest number

of people. Such benefits will consider, but not

be limited to, economic, social, aesthetic, envi-

ronmental; agricultural, aquicultural and recrea-

tional.

Land Use Regulations H.B. 1041 Regulations — §11.15

11-12

Major facilities of a public utility means:

1. Transmission lines, power plants and sub-

stations of electrical utilities;

2. Pipelines and storage areas of utilities

providing natural gas or other petroleum de-

rivatives; and

3. Other appurtenant facilities of a public utility

which in the opinion of the Board of County

Commissioners, either by itself or in con-

junction with other major facilities of a public

utility, are likely to cause a major impact on

the health, welfare or safety of the citizens of

Las Animas County, or upon the physical,

social or economic environment of Las Ani-

mas County or this region. As used in these

H.B. 1041 Regulations, major facilities of a

public utility shall not include small wind

energy systems as defined in Section 7.13

of these Regulations or wind farms as de-

fined in Section 7.14 of these Regulations.

Major extension of an existing domestic wa-

ter treatment system: The expansion of exist-

ing domestic water treatment plants or any

extension of existing domestic water service

lines to serve an additional population equivalent

of twenty-five (25) single-family dwellings or the

equivalent thereof in other areas.

Major extension of an existing sewage treat-

ment system: Any modification of an existing

sewage treatment system to increase hydraulic

capacity or to upgrade treatment capability or

any extension of existing main collector sewer

lines or any extensions to service a population of

twenty (20) or more people or the equivalent

thereof in other uses.

Major new domestic sewage treatment sys-

tem: A new sewage treatment system and col-

lector system capable of treating the wastewater

generated by twenty (20) or more people

through domestic uses or the equivalent thereof

in commercial and/or industrial needs.

Major new domestic water system: A system

for provision to the public of piped water for hu-

man consumption if such system is proposed to

serve a population equivalent of twenty-five (25)

or more single-family dwelling units or the

equivalent thereof in other uses.

Matter of local concern and state interest: An

area or an activity of local concern and state in-

terest or both. The meaning is also identical to

"matter of state interest," "area of state interest"

and "activity of state interest" as these terms are

used in Section 24-65.1-101, et seq., Colorado

Revised Statutes, as amended.

Municipal and industrial water project means

a system and all integrated components thereof

through which a municipality and/or industry de-

rives its water supply from either surface or sub-

surface sources. This includes a system and all

integrated components thereof through which a

municipality or industry derives water exchanged

or traded for water it uses for its own needs.

This term also includes stormwater and

wastewater disposal systems of a municipality

and/or industry.

New community or new communities:

1. The establishment of urbanized growth cen-

ters in the unincorporated territory of Las

Animas County.

2. Any activity within the unincorporated territo-

ry of Las Animas County which falls within

one (1) or more of the following criteria is

defined as "site selection and development

of new communities" and requires applica-

tion to the Planning Commission for a permit

to conduct such activity:

a. Is planned for a population or work force

of five hundred (500) persons or two

hundred fifty (250) dwelling units within

five (5) years of implementation of the

activity or for an ultimate population or

labor force of two thousand five hundred

(2,500) persons or one thousand two

hundred fifty (1,250) dwelling units.

b. Is planned for or requires the expansion

and/or extension of any existing water

and/or sewer district or association with-

in any twenty-four-month period which is

equal to or greater than fifty (50) percent

of the population or land area served by

the district or association at the begin-

ning of said period.

c. Is planned for or requires a change in

existing zoning that provides for a one-

hundred-percent or greater increase in

allowable density on more than six hun-

dred forty (640) acres of land.

Land Use Regulations H.B. 1041 Regulations — §11.15

11-13

d. Is planned for or requires an ultimate

contiguous zoning district or conditional

use permit for commercial, industrial

and/or public use on three hundred

twenty (320) or more acres of land.

Pipelines mean any pipeline and appurtenant

facilities designed for, or capable of, transporting

natural gas or other petroleum derivatives of ten

(10) inches diameter or larger which creates a

hoop stress of twenty (20) percent or more at

their specified minimum yield strength.

Power plant means any electrical energy gen-

erating facility with a generating capacity of fifty

(50) megawatts or more, and any facilities ap-

purtenant thereto, or any addition thereto in-

creasing the existing design capacity of the

facility by fifty (50) megawatts or more. As used

in these H.B. 1041 regulations, power plant

shall not include small wind energy systems as

defined in Section 7.13 of these Regulations or

wind farms as defined in Section 7.14 of these

Regulations.

Proposed development: A major new domes-

tic water or sewage treatment system, and in-

cludes any proposed land development directly

related to such system if such development is to

be located within Las Animas County and if such

development specifically generates the need for

the system. The term development area, as

used herein, is included within the meaning of

proposed development.

Public utilities, as used in these H.B. 1041

regulations, means that term as defined in Sec-

tion 40-1-103, C.R.S., as amended.

Recycling means the treatment of wastewater

in a manner that will replenish its quality to the

standard established by the Colorado Depart-

ment of Public Health and Environment where

permissible by Colorado water law.

Site selection means the process for determin-

ing the location of major facilities of a public utili-

ty or the expansion of existing major facilities of

a public utility.

Source development area means that geo-

graphic area or region wholly or partially within

the unincorporated territory of the County which

will be developed or altered in connection with

the development of a municipal or industrial wa-

ter project, as these terms are defined here-

inabove.

Storage area means any facility, including ap-

purtenant facilities, designed to store fifty million

(50,000,000) cubic feet or more of natural gas or

thirty-five thousand (35,000) barrels or more of

petroleum derivatives, or any expansion of any

existing storage facilities to accommodate an

additional fifty million (50,000,000) cubic feet or

more of natural gas or thirty-five thousand

(35,000) barrels or more of petroleum deriva-

tives.

Substation means any facility designed to pro-

vide switching, voltage transformation or voltage

control required for the transmission of electricity

at 115 kilovolts or greater.

Transmission lines means those electrical

lines and appurtenant facilities which meet all

the following criteria:

1. Either a series of three (3) or more struc-

tures and appurtenant facilities erected

above ground which support one (1) or more

conductors or a power line placed under-

ground; and

2. Which lines emanate from a power plant or

a substation/transition site and terminate at

a substation/transition site; and

3. Which are designed to transmit electrical

voltages of 115 kV or greater.

11.16 Reserved

11.17 Reserved

11.18 Reserved

11.19 Reserved

11.20 Regulations for Site Selection and Devel-

opment of New Communities

11.20.01 Purpose and Intent

The purpose and intent of the H.B. 1041 new

communities regulations contained herein shall

be:

1. To provide for transportation, waste dispos-

al, schools and other government services in

a manner that will not overload facilities of

existing communities of the region.

Land Use Regulations H.B. 1041 Regulations — §11.20.01

11-14

2. To provide for the development of total

communities which provide for commercial

and industrial activity as well as residences

and for internal transportation and circulation

patterns.

3. To achieve planned and orderly land use

development.

4. To promote efficient and economical use of

public resources.

5. To encourage the provision of transporta-

tion, commercial, recreational and educa-

tional facilities conveniently located to

housing of all types and designs.

6. To encourage innovations in residential,

commercial and industrial development and

renewal so that the growing demands of

population may be met by a greater variety

in type, design and layout of buildings and

by the conservation and more efficient use

of open space ancillary to said buildings.

7. To encourage the planning and building of

new communities which incorporate the best

features of design and planning.

8. To ensure minimal adverse environmental,

social and economic impacts in such sites

and in such impact areas.

9. To encourage the review of new communi-

ties at the earliest possible point in the plan-

ning process.

11.20.02 Applicability

These regulations apply to applications for per-

mits to engage in the development of new com-

munities within unincorporated Las Animas

County.

11.20.03 Relationship to Other Regulations

and Requirements

The relationship of this regulation to other regu-

lations and requirements shall be exactly as the

relationship provisions contained in Section

11.13 of these H.B. 1041 regulations.

11.21 Designation of Site Selection and Devel-

opment of New Communities

Having considered the intensity of current and

foreseeable development pressures, it is the or-

der of the Board of County Commissioners that

site selection and development of new commu-

nities be designed a matter of local concern and

state interest pursuant to the provisions of this

regulation.

11.21.01 Boundaries of Area Covered by the

Designation

The site selection and development of any new

communities within the unincorporated bounda-

ries of Las Animas County, except as otherwise

prohibited by law, shall be subject to this desig-

nation and regulation.

11.21.02 Reasons for Designation

Site selection and designation of any new com-

munity is hereby designated a matter of local

concern and state interest for the reasons stated

in Section 11.20.01 of these H.B. 1041 regula-

tions.

11.22 Permit Program for Site Selection and

Development of New Communities

11.22.01 Permit Requirement

No person may locate a new community in unin-

corporated Las Animas County without first ob-

taining a permit pursuant to these H.B. 1041

regulations.

11.22.02 Procedural Requirements

The procedures concerning permit applications,

notice and conduct of permit hearings, review of

Board of County Commissioners decisions and

the issuance and content of permits to engage in

development of a designated new community

shall comply with the provisions set for in Sec-

tions 11.07 through 11.10 of these H.B. 1041

regulations adopted by Las Animas County.

11.22.03 Application Fees

See Chapter XII on application fees for a permit

to engage in the development of a new commu-

nity.

Land Use Regulations H.B. 1041 Regulations — §11.22.04

11-15

11.22.04 Submittal Requirements

An application for a permit to locate or develop a

new community shall be accompanied by the fol-

lowing items:

1. An abstract of the proposal indicating the

scope, timing and need for the development.

2. A general plan for the development of the

new community, to include the following in-

formation.

a. A statement of goals and objectives.

b. A site location analysis of the total area

proposed for the new community. This

site analysis should include:

1) The criteria, data assumptions, and

conditions used in determining the

site location.

2) The natural and man-made features,

conditions, trends and hazards which

affected the selection of the site.

3) A comparison of alternative potential

sites and the feasibility of each, in-

cluding any sites which may be sug-

gested by the Planning Director.

c. A description, including maps at a scale

acceptable to the Planning Director, of

the characteristics of the natural envi-

ronment of the site and impact area, in-

cluding the following items:

1) Topography.

2) Climatological conditions.

3) Geomorphology, geology and soils

by type and suitability.

4) Potential natural hazards.

5) Plant communities.

6) Terrestrial and aquatic wildlife com-

munities.

7) All water bodies including all major

surficial waters, groundwater aqui-

fers and groundwater recharge are-

as.

8) Air quality.

9) Archaeological and historical sites.

10) Scenic qualities.

d. A description, including maps at a scale

acceptable to the Planning Director, of

existing and proposed features of the

man-made environment of the new

community site and impact area, includ-

ing the following items:

1) Housing of all types for all income

groups.

2) Industrial facilities and sites.

3) Commercial establishments and

sites.

4) Recreational facilities and sites and

open spaces.

5) Transportation systems and facilities

and parking facilities.

6) Agricultural uses by classification.

7) Services and utilities, including water

supply systems, sewage systems,

storm drainage systems, solid waste

disposal systems, gas and electrical

utilities and communication utilities.

8) Public institutions and structures, in-

cluding schools, government build-

ings and other community facilities.

9) Public lands and open space.

e. An analysis of the environmental im-

pacts of the new community, as deline-

ated in Paragraph d. above, based on

the following considerations:

1) Water quality, including surficial wa-

ter, groundwater aquifers and

groundwater aquifer recharge areas.

2) Ambient air quality, including indirect

sources.

3) Plant communities.

4) Aquatic and terrestrial wildlife com-

munities.

Land Use Regulations H.B. 1041 Regulations — §11.22.04

11-16

5) Geomorphology, geology and soils.

6) Climate.

7) Scenic quality.

8) Noise.

9) Historical and archaeological re-

sources.

f. A description, including maps at a scale

acceptable to the Planning Director, of

the proposed social environment of the

new community and analyses of the im-

pacts of the social environment of the

new community on the existing social

environment in the new community site

and the impact area, including the fol-

lowing items:

1) Current population.

2) Proposed population.

3) Past population trends.

4) Population forecasts.

5) Existing housing.

6) Types of housing proposed to meet

the needs of the new population, in-

cluding low and moderate income

housing.

7) Price range of the proposed housing

types.

8) Residential density.

9) Housing market conditions.

10) Existing community facilities.

11) Planned community programs.

12) Diversity of facilities and programs

to meet the needs of the population.

13) Cultural services to be available.

14) Expected school enrollment.

15) Distances of schools from neighbor-

hoods.

16) Transportation of students.

17) New school facilities required.

18) Existing facilities at the site and in

the impact area.

19) Existing and proposed hospitals and

medical clinics.

20) Existing and proposed emergency

health services.

21) Existing and proposed medical per-

sonnel.

22) Police services.

23) Fire services.

23) Rescue services.

25) Social services.

26) Recreational facilities including pre-

sent and future adequacy and need,

present and future open space ac-

quisitions and accessibility to open

space.

g. A description of governmental infrastruc-

ture within the new community site and

the impact area.

1) A map at a scale acceptable to the

Planning Director and a description

of existing and proposed local gov-

ernment institutions, special districts

or other jurisdictions, the types of

services to be provided by each and

the proposed method of governance

of each.

2) Proposed methods of generating

public revenue through existing and

proposed government jurisdictions.

3) Estimated revenue-generating ca-

pacity of each method described in

Item 2) above and identification of

any new sources of revenue created

by the community.

4) Estimated operating revenue and

expenditures of proposed new public

and publicity funded services and fa-

cilities.

Land Use Regulations H.B. 1041 Regulations — §11.22.04

11-17

5) Estimated public debt expected as a

result of development of new public

and publicity funded services and fa-

cilities.

6) Evaluation of the capacity of existing

services to meet needs.

h. A description of the economic profile of

the planned new community and impact

area, including:

1) Type of industry, commerce and oth-

er private enterprises contributing to

the economic base of the new com-

munity.

2) An analysis of employment charac-

teristics and the labor market of the

new community and the impact area.

3) A description of the potential eco-

nomic effects of the new community

on the impact area.

i. A description of the proposed public im-

provements, including:

1) A list of the proposed public im-

provements and to which jurisdic-

tions they would by dedicated.

2) The proposed terms of the perfor-

mance guarantees.

3) A description of the proposed

maintenance programs.

4) The proposed phasing of the dedica-

tions.

j. A description of area-wide planning and

development, including:

1) The relationship of the new commu-

nity development plan with local

master plans, regional and state

plans and federal plans and pro-

grams of jurisdictions in the impact

area.

2) The relationship of the new commu-

nities development plan with ap-

proved and proposed public projects

and capital improvements programs

in the impact area.

k. A description of the likely impacts of the

proposed land uses in the new commu-

nity on existing land use patterns in the

impact area.

l. A description of the proposed develop-

ment schedule, including:

1) A detailed schedule of development

and plan for its implementation.

2) The proposed phasing, if any, of the

development schedule, with a table

showing the relationship of the public

facilities construction schedule to the

expected population base of the new

community.

m. Evidence demonstrating the technical

and administrative capability of the ap-

plicant to plan and develop a new com-

munity on the scale proposed, including

past experience of the applicant and

other principal participants and previous

projects undertaken.

n. Evidence demonstrating the financial

capability of the applicant, including:

1) All anticipated costs of development

public and privately financed ser-

vices and facilities.

2) How and from where development

costs will be met, including a sched-

ule showing anticipated revenues

from the development, the financial

resources of the applicant and other

principal participants, borrowing ca-

pacity with letters of credit, if availa-

ble, and special district revenues

anticipated.

3) Written procedures to allow for peri-

odic updating of the financial plan

and implementation program to ac-

count for changes in costs, reve-

nues, market conditions and other

relevant changes affecting the de-

velopment.

4) The proposed marketing strategy for

residential, commercial and industrial

property.

Land Use Regulations H.B. 1041 Regulations — §11.22.05

11-18

11.22.05 Waiver of Submittal Requirements

The submittal requirements for permit applica-

tions for site selection and development of new

communities may be waived by the Board of

County Commissioners as allowed for in Section

11.19.03. In addition, the submittal require-

ments contained in Paragraphs 10.22.04.2.i, and

j. may be waived by the Board of County Com-

missioners, at its discretion, upon submission by

the applicant of a final environmental impact

statement prepared in compliance with the re-

quirements of the National Environmental Policy

Act (NEPA), as amended.

11.22.06 Approval of a Permit Application

The Board of County Commissioners shall ap-

prove an application for a permit for site selec-

tion and construction of a new community only if

the proposed site selection and development

complies with these regulations and other rele-

vant guidelines and regulations and meets all of

the following criteria:

1. All required information has been submitted.

2. There is a clear and defined need for the

new community as proposed.

3. The public health, safety and welfare of the

residents of Las Animas County will be

served by the new community.

4. The natural and socioeconomic environ-

ments of Las Animas County and the impact

area will be protected and enhanced.

5. All reasonable alternatives to the proposed

action have been adequately assessed and

the proposed action represents the best al-

ternative for satisfying all requirements of

this regulation.

6. A program to minimize and mitigate all likely

adverse impacts has been presented.

7. The characteristics and location of the pro-

posed new community satisfies all applica-

ble provisions of Chapter II of these

Regulations and other regional, state and

federal plans affecting Las Animas County.

8. The characteristics and location of the pro-

posed new community complement the ex-

isting and reasonably foreseeable needs of

the jurisdictions in the impact area.

9. The new community design, at a minimum,

provides for adequate and necessary trans-

portation, waste disposal, schools and other

governmental services in a manner that will

not overload the facilities of existing com-

munities in the impact area.

10. Priority is given to the development of a total

community which provides for commercial

and industrial activity as well as residences

and for internal transportation patterns.

11. The characteristics and location of the new

community will not create increases in the

demand for services beyond the reasonable

capacity of the new community and sur-

rounding jurisdictions affected to provide

such services, as determined by the Board

of County Commissioners.

12. The characteristics and location of the new

community will not unduly interfere with any

existing easements for or rights-of-way for

other utilities, canals, mineral claims or

roads.

13. Adequate electric, gas, telephone, water,

sewage and other utilities exist or can and

shall be developed to service the new com-

munity.

14. The characteristics and location of the new

community will not interfere with any signifi-

cant wildlife habitat or adversely affect any

threatened wildlife species, unique natural

resource or historical or archaeological

landmark within the new community and the

impact area.

15. The characteristics and location of the new

community, including expected growth and

development related to the new community,

will not significantly deteriorate air quality in

the new community site or the impact area.

16. The existing water quality of affected waters

will not be adversely affected, unless and to

the degree permitted by law.

Land Use Regulations H.B. 1041 Regulations — §11.22.06

11-19

17. The sites for the proposed uses in the pro-

posed new community are suitable consider-

ing location, size, topography, micro-climate

and soil characteristics and the harmonious

relationship of these uses with surrounding

jurisdictions.

18. The land use and transportation circulation

plans and the population density and distri-

bution pattern are planned in such a way as

to promote harmonious human relationships

and optimum internal accessibility.

19. Provision has been made to preserve such

natural features as water bodies and steep

slopes and to establish and maintain an ac-

cessible open space network for conserva-

tion, visual satisfaction and recreation.

20. Measures have been taken to prevent envi-

ronmental pollution, reduce potential natural

hazards and minimize noise problems.

21. The development plan utilizes current de-

sign concepts and technology for energy

conservation with respect to land utilization,

materials and methods of construction and

the provision of community facilities and

services, and it encourages innovations in

meeting social and economic problems of

the new community and the impact area.

22. The development provides housing for all

income groups and age groups, unless spe-

cifically exempted from doing so by the

Board of County Commissioners.

23. The proposed new community appears to be

economically feasible as determined by the

Board of County Commissioners on the ba-

sis of the information provided in the appli-

cation.

24. The applicant had demonstrated the tech-

nical and financial capability to plan and de-

velop completely the new community within

a reasonable period of time.

25. The existing and proposed governmental ju-

risdictions will be able to govern adequately

the new community.

11.22.07 Denial of a Permit Application

A permit application shall be denied if a pro-

posed development does not meet all of the ap-

plicable criteria listed in Section 11.19.06.

11.23 Regulations for Site Selection and Con-

struction of Major New Domestic Water

and Sewage Treatment Systems

11.23.01 Purpose and Intent

The purpose and intent of the H.B. 1041 major

new domestic water and sewage treatment sys-

tem regulations contained herein shall be:

1. To ensure that new domestic water and

sewage treatment systems are constructed

in areas which will result in the proper utili-

zation of existing treatment plants and the

orderly development of domestic water and

sewage systems of adjacent communities.

2. To ensure that site selection and construc-

tion of major new domestic water and sew-

age treatment systems are conducted in

such a manner as to minimize environmen-

tal impacts associated with such develop-

ment.

3. To ensure that site selection and construc-

tion of major new domestic water and sew-

age treatment systems are planned and

developed in a manner so as not to impose

an undue economic burden on existing or

proposed communities.

11.23.02 Applicability

These H.B. 1041 major new domestic water and

sewage treatment system regulations shall apply

to the site selection for all major new domestic

water and sewage treatment systems and the

construction thereof. They shall not apply to the

expansion of existing domestic water or sewage

treatment systems.

11.23.03 Nonconforming Uses

The provisions of these H.B. 1041 regulations

shall not apply to any nonconforming use exist-

ing on the date the area is initially designated or

subjected to regulation; provided that, when a

Land Use Regulations H.B. 1041 Regulations — §11.23.03

11-20

nonconforming use shall be discontinued for six

(6) months or more or a nonconforming structure

is damaged or destroyed to the extent of at least

fifty (50) percent of the appraised value, any re-

use, reconstruction or replacement of such

structure shall be deemed a new use and shall

be subject to the provisions of these regulations.

Any alteration, addition or repair to any noncon-

forming structure or significant change in land

use permitted pursuant to these regulations shall

be designed and conducted so as to minimize,

mitigate or avoid the significant adverse impact

by or to mineral resource utilization. For the

purpose of this H.B. 1041 regulation for site se-

lection and construction of major new domestic

water and sewage treatment systems, seasonal

use shall include but not be limited to irrigation

systems and recreational areas that operate less

than six (6) months per year.

11.23.04 Relationship to Other Regulations

and Requirements

The relationship of this regulation to other regu-

lations and requirements shall be exactly as the

relationship provisions contained in Section

11.13 of these H.B. 1041 regulations with the

exception of the addition that permit require-

ments included in this regulation shall be in addi-

tion to and in conformance with all applicable

state and federal water quality laws, rules and

regulations, including but not limited to the fol-

lowing:

1. Section 25-8-701, et seq., C.R.S, as

amended, "Domestic Wastewater Treatment

Works," which requires approval from the

Colorado Water Quality Control Division for

site location and design of construction or

enlargement in capacity of existing domestic

wastewater treatment works.

2. Section 25-8-501, Colorado Revised Stat-

utes, as amended, point source pollutant

discharge permit.

3. Section 208 (33 U.S.C. § 1288) area-wide

waste water treatment management plan-

ning.

4. Section 303 (33 U.S.C. § 1313) river basic

water quality management planning.

5. Disposal of sewage sludge (33 U.S.C.

§ 1345.)

6. Section 32-1-201, Colorado Revised Stat-

utes, 1973, as amended, Special District

Control Act.

11.24 Designation of Site Selection and Con-

struction of Major New Domestic Water

and Sewage Treatment Systems

Having considered the intensity of current and fore-

seeable development pressures, it is the order of the

Board of County Commissioners that site selection

and construction of major new domestic water and

sewage treatment systems be designated a matter

of local concern and state interest and be regulated

pursuant to the provisions of these H.B. 1041 regu-

lations.

11.24.01 Boundaries of Area Covered by the

Designation

The site selection and construction of any major

new domestic water and sewage treatment sys-

tems within the unincorporated boundaries of

Las Animas County, except as otherwise prohib-

ited by law, shall be subject to this designation

and regulation.

11.24.02 Reasons for Designation

Site selection and construction of any major new

domestic water and sewage treatment systems

is hereby designated as a matter of local con-

cern and state interest for the reasons stated in

Section 11.23.01.

11.25 Permit Applications and Permits

11.25.01 Application Procedures

The procedures concerning permit applications,

notice and conduct of permit hearings, review of

Planning Commission decisions and the issu-

ance and content of permits to engage in site

selection and development of major new domes-

tic water and sewage treatment systems shall

comply with the provisions set forth in Sections

11.07 through 11.10 of these H.B. 1041 regula-

tions adopted by Las Animas County.

Land Use Regulations H.B. 1041 Regulations — §11.25.02

11-21

11.25.02 Prohibition on the Site Selection

and Construction of Major New

Domestic Water and Sewage

Treatment Systems

No person may locate a major new domestic

water or sewage treatment system in Las Ani-

mas County without first obtaining a permit pur-

suant to these H.B. 1041 regulations.

No local authority shall issue a building permit

for purposes of selecting a site for or construct-

ing a major new domestic water or sewage

treatment system without the applicant first hav-

ing obtained a permit pursuant to these H.B.

1041 regulations.

11.25.03 Application for a Permit

Any person seeking to locate or construct a ma-

jor new domestic water or sewage treatment

system in Las Animas County shall apply for a

permit from Las Animas County. For sewage

systems, the site application form used by the

Colorado Water Quality Control Commission

shall be completed and attached to the applica-

tion form for a permit from Las Animas County.

Applications for a permit to locate or construct a

major new domestic water or sewage treatment

system shall be accompanied by an application

fee. See Chapter XII of these Regulations on

application fees.

Applications for a permit to locate or construct a

major new domestic water or sewage treatment

system shall be accompanied by the following

documents and information:

1. An abstract of the proposal indicating the

scope and need for the development.

2. Preliminary review and comment on the

proposal by the appropriate agency of the

Colorado Department of Natural Resources

and the Colorado Department of Public

Health and Environment within sixty (60)

days of the date of submittal of the proposal

for review.

3. Alternative potential site locations and the

degree of feasibility of each.

4. For each alternative site or expansion area

under consideration by the applicant, the

submittal requirements specified in Section

11.25.03.

Any demographic data needed to satisfy the re-

quirements of this regulation shall be consistent

with those used or required by or for the federal-

ly established Section 208 area-wide waste

treatment management planning.

11.25.04 Submittal Requirements

1. Proponents of Proposal

a. Names, addresses and business of all

local interests proposing site selection

and construction of a major new water

or sewage treatment system.

b. Name and qualifications of the person

responding to the requirements con-

tained within this regulation.

2. Scope of Proposal

a. Provide detailed plans of the proposal,

including proposed system capacity and

service area plans mapped at a scale

acceptable to the Planning Commission.

b. Provide a description of all existing or

approved proposed domestic water or

sewage treatment systems within the

development area.

c. Describe the design capacity of each

domestic water or sewage treatment

system facility proposed and the distri-

bution or collection network proposed in

the development area.

d. Describe the excess capacity of each

treatment system and distribution or col-

lection network in the community or de-

velopment area.

e. Provide an inventory of total commit-

ments already made for current water or

sewage services.

f. Describe the operational efficiency of

each existing system in the area, includ-

ing the age, state of repair and level of

treatment.

g. Describe the source, rights and quality

of the existing water supply.

h. Describe the existing water utilization,

including the historic yield from rights

and use by category such as agricultur-

al, municipal and industrial supply obli-

gations to other systems.

Land Use Regulations H.B. 1041 Regulations — §11.25.04

11-22

3. Demonstrate the Need for a New Water or

Sewage Treatment System.

a. Provide population trends for the devel-

opment area, including present popula-

tion, population growth and growth

rates, documenting the sources used.

b. Specify the predominant types of devel-

opments to be served by the proposed

new water and/or sewage systems.

c. Specify at what percentage of the de-

sign capacity the current system is now

operating:

1) Water treatment system.

2) Wastewater treatment system.

d. Specify whether or not present facilities

can be upgraded to accommodate ade-

quately the ten-year projected increase

needed in treatment and/or hydraulic

capacity.

4. Land Use.

a. Provide a map at a scale acceptable to

the Planning Commission describing ex-

isting land uses of the proposed devel-

opment and the project service area,

including peripheral lands which may be

impacted. The land use map shall in-

clude but need not necessarily be lim-

ited to the following categories:

residential, commercial, industrial, ex-

tractive transportation, communication

and utility, institutional, open space,

outdoor recreation, agricultural, forest

land and water bodies.

b. All immediately affected public land

boundaries should be indicated on the

map. Potential impacts of the proposed

development upon public lands will be

visually illustrated on the map as well as

described in the text.

c. Specify whether the proposed project

conforms to the Las Animas County

Master Plan.

d. Specify whether the proposed project

conforms to regional and state planning

policies.

e. Specify whether the proposed project

conforms to federal land management

policies.

f. Describe the present use of the land in

the development area.

g. Describe the present zoning in the de-

velopment area.

h. Describe the agricultural productivity

capability of the land in the development

area, using SCS soils classification da-

ta.

i. Specify how the proposed development

will use existing easements or rights-of-

way for new associated distribution or

collector networks.

j. Describe the probability that the system

may be significantly affected by earth-

quakes, floods, fires, snow, slides, ava-

lanches, rockslides or landslides and

any measures taken to reduce the im-

pact of such events upon the system.

k. Specify if excess service capabilities

created by the proposed development

will prove likely to generate sprawl or

strip development.

l. Specify whether the demand for this

project is associated with development

within or contiguous to existing service

areas.

5. Water Resources.

a. Describe and indicate on a map at a

scale acceptable to the Planning Com-

mission relevant surface water bodies,

including streams, lakes, reservoirs and

groundwater aquifers in the area and

their uses. Describe the potential ef-

fects of the proposed project on the

above detailed water features, including

the effects on present water quality and

current uses.

b. On the same or another map, indicate

any floodplains associated with the pro-

posed development, including documen-

tation of historical flooding activity.

Land Use Regulations H.B. 1041 Regulations — §11.25.04

11-23

c. Describe the potential adverse effects of

the proposed development on plant and

animal life dependent on the water re-

sources in question.

d. Describe potential effects of the pro-

posed development on eutrophication,

waste load allocations and water quality

of rivers, streams, aquifers and/or any

existing or proposed reservoirs in Las

Animas County.

e. Describe potential effects of the pro-

posed development project on above-

described water features in the devel-

opment area, including the effects on

present water quality and current uses.

Include a detailed statement of impacts

on the proposed project on federal and

State water quality standards.

6. Air Quality.

Detail the impact, both direct and indirect, of the

proposed development on ambient air quality in

the vicinity of the development.

7. Environmentally Sensitive Factors.

Identify and locate on a map at a scale appro-

priate to the Planning Commission the spatial re-

lationship of any of the following features

present in the proposed development and its

environs and describe the potential impact of the

proposed development on each relevant feature:

a. Marshlands and wetlands.

b. Groundwater recharge areas.

c. Potential natural hazards.

d. Forests and woodlands.

e. Critical wildlife habitat.

f. Public outdoor recreation.

g. Unique areas of archaeological, geolog-

ical and historical importance.

h. Critical aquatic life habitat.

i. Agricultural areas.

8. Aesthetics and Nuisance Factors.

Identify any significant deterioration of existing

natural aesthetics, creation of visual blight, noise

pollution or obnoxious odors which may result

from the development.

9. Describe what impact the development will

have on transportation impacts in the area.

10. The financial impact analysis of site selec-

tion and construction of major new water

and sewage treatment facilities shall include

but need not be limited to the following

items:

a. A review and summary of any existing

engineering and/or financial feasibility

studies, assessed taxable property val-

uations and all other matters of financial

aid and resources in determining the

feasibility of the proposed new facility,

including:

1) Service area and/or boundaries.

2) Applicable methods of transmitting,

storing, treating and delivering water

and collecting, transmitting, treating

and discharging sewage, including

effluent and/or sludge disposal.

3) Estimated construction costs and pe-

riod of construction of each new facil-

ity component.

4) Assessed valuation of the property to

be included within the service area

boundaries.

5) Revenues and operating expenses

of the proposed new facility, includ-

ing but not limited to historical and

estimated property taxation, service

charges and rates, assessments,

connection and tap fees, standby

charges and all other anticipated

revenues of the proposed new facili-

ty.

6) Amount and security of the proposed

debt and method and estimated cost

of debt service.

Land Use Regulations H.B. 1041 Regulations — §11.25.04

11-24

7) Provide the details of any substantial

contract or agreement for revenues

or for services to be paid, furnished

or used by or with any person, asso-

ciation, corporation or governmental

body.

11. Provide a debt retirement schedule based

on anticipated service fees and the tax base.

12. Identify the person, association, corporation

and government bodies that will benefit by,

use and pay any or all of the revenues.

13. If the new water or sewage treatment sys-

tem exceeds the proposed ten-year popula-

tion growth needs as described by the

appropriate region's Section 208 planning

demographic projections, then describe the

reasons for the proposed excess service

capacity and the cost of such excess capaci-

ty to the community.

11.25.05 Waiver of Submittal Requirements

The submittal requirements for permit applica-

tions for site selection and development of new

communities may be waived by the Board of

County Commissioners as allowed for in Section

11.19.03.

11.25.06 Approval of a Permit Application

A permit application for site selection and con-

struction of a major new domestic water or sew-

age treatment system shall be approved if the

proposed development complies with the follow-

ing criteria:

1. New domestic water and sewage treatment

systems shall be constructed in areas which

will result in the proper utilization of existing

treatment plants and the orderly develop-

ment of domestic water and sewage treat-

ment systems of adjacent communities.

2. The proposed development does not conflict

with an approved local master plan or mas-

ter plan or other applicable regional, state or

federal land use or water plan.

3. The proposed development does not ad-

versely affect either surface or subsurface

water rights of upstream or downstream us-

ers.

4. Adequate water supplies, as determined by

the Colorado Department of Public Health

and Environment, are available for efficient

operation.

5. Existing domestic water treatment systems

servicing the area must be at or greater than

eighty (80) percent of operational capacity.

6. Existing domestic sewage treatment sys-

tems servicing the area must be at or great-

er than eighty (80) percent of operational

capacity.

7. The scope and nature of the proposed de-

velopment will not compete with existing wa-

ter and sewage services or create duplicate

services.

8. The age of existing water and sewage sys-

tems, operational efficiency, state or repair

or level of treatment is such that replace-

ment is warranted.

9. Area and community development and pop-

ulation trends clearly demonstrate a need for

such development.

10. Existing facilities cannot be upgraded or ex-

panded to meet waste discharge permit

conditions of the Colorado Water Quality

Control Division.

11. Appropriate easements can be obtained for

any associated collector or distribution sys-

tem that will serve existing and proposed

needs.

12. Such development will not encourage strip

or leapfrog development.

13. The benefits of the proposed development

outweigh the losses of any natural resources

or agricultural lands rendered unavailable as

a result of the proposed development.

14. The proposed development will not de-

crease the quality of peripheral or down-

stream surface or subsurface water

resources below that designated by the Col-

orado Water Quality Control Commission.

15. The proposed development or its associated

collector or distribution system or new ser-

vice areas will not violate federal or state air

quality standards.

Land Use Regulations H.B. 1041 Regulations — §11.25.06

11-25

16. The proposed development or its associated

collector or distribution system will not signif-

icantly deteriorate aquatic habitats, marsh-

lands and wetlands, groundwater recharge

areas, steeply sloping or unstable terrain,

forests and woodland, critical wildlife habitat,

big game migratory routes, calving grounds,

migratory ponds, nesting areas and the

habitats of rare and endangered species,

public outdoor recreation areas and unique

areas of geological, historical or archaeolog-

ical significance.

17. The proposed development or its associated

collector or distribution system will not signif-

icantly degrade existing natural scenic char-

acteristics, create blight or cause other

nuisances such as excessive noise or ob-

noxious odors.

18. The proposed development or its associated

collector or distribution system will not cre-

ate an undue financial burden on existing or

future residents of the area or community.

19. The development site of a major new do-

mestic water or sewage treatment system is

not subject to a significant risk from earth-

quakes floods, fires or other disasters or

hazards which could cause a system opera-

tional breakdown.

11.25.07 Denial of a Permit Application

A permit application shall be denied if an appli-

cant's application fails to meet all the relevant

criteria described in Section 11.25.06.

11.26 Regulations for Major Extension of Exist-

ing Domestic Water and Sewage Treat-

ment Systems

11.26.01 Purpose and Intent

The purpose and intent of the H.B. 1041 major

extension of existing domestic water and sew-

age treatment system regulations contained

herein are to ensure that anticipated growth and

development that may occur as a result of major

extensions of domestic water and sewage

treatment systems can be accommodated within

the financial and environmental capacity of the

area to sustain such growth and development.

11.26.02 Applicability

These H.B. 1041 major extension of existing

domestic water and sewage treatment system

regulations shall apply to the site selection and

construction of all major extensions of existing

domestic water and sewage treatment systems.

11.26.03 Nonconforming Uses

The provisions of this regulation governing non-

conforming uses shall be exactly as the noncon-

forming use provisions contained in Section

11.23.03 of these H.B. 1041 regulations.

11.26.04 Relationship to Other Regulations

and Requirements

The relationship of this regulation to other regu-

lations and requirements shall be exactly as the

relationship provisions that are contained in Sec-

tion 11.13 of these H.B. 1041 regulations, with

the addition of the supplemental requirements

requiring conformance with the applicable state

and federal water quality laws, rules and regula-

tion contained in Section 11.23.04.

11.27 Designation of Major Extension of Exist-

ing Domestic Water and Sewage Treat-

ment Systems

Having considered the intensity of current and fore-

seeable development pressures, it is the order of the

Board of County Commissioners that major exten-

sions of existing domestic water and sewage treat-

ment systems be designated as a matter of local

concern and state interest and be regulated pursu-

ant to the provisions of Section 11.27.

11.27.01 Boundaries of the Area Covered by

the Designation

Major extensions of existing domestic water and

sewage treatment systems within the unincorpo-

rated boundaries of Las Animas County, except

as otherwise prohibited from law, shall be sub-

ject to this designation and regulation.

11.27.02 Reasons for Designation

Major extension of existing domestic water and

sewage treatment systems are hereby designat-

ed as a matter of local concern and state inter-

est for the reasons stated in Section 11.26.01.

Land Use Regulations H.B. 1041 Regulations — §11.28

11-26

11.28 Permit Applications and Permits

11.28.01 Application Procedures

The procedures concerning permit applications,

notice and conduct of permit hearing, review of

Planning Commission decisions and the issu-

ance and content of permits to engage in major

extensions of existing domestic water and sew-

age treatment systems shall comply with the

provisions set forth in Sections 11.07 through

11.10 of these H.B. 1041 regulations adopted by

Las Animas County.

11.28.02 Prohibition on Major Extensions of

Existing Domestic Water and Sew-

age Treatment Systems

No person may engage in a major extension of a

domestic water or sewage treatment system in

Las Animas County without first obtaining a

permit pursuant to these H.B. 1041 regulations.

No local authority shall issue a building permit

for purposes of a major extension of a domestic

water or sewage treatment system without the

applicant first having obtained a permit pursuant

to these H.B. 1041 regulations.

11.28.03 Application for a Permit

Any person seeking to develop a major exten-

sion of a domestic water or sewage treatment

system in Las Animas County shall apply for a

permit from the Board of County Commission-

ers. For sewage systems, the site application

form used by the Colorado Water Quality Con-

trol Commission shall be completed and at-

tached to the application form for a permit form

Las Animas County.

Any application for a permit to construct a major

extension of an existing domestic water or sew-

age treatment system shall be accompanied by

an application fee. See Chapter XII of these

Regulations on application fees.

An application for a permit to develop a major

extension of an existing domestic water or sew-

age treatment system shall be accompanied by

the documents and information required in Sec-

tions 11.25.03. and 11.25.04.

11.28.04 Submittal Requirements

Applicants shall comply with the submittal re-

quirements contained in Section 11.25.03 of

these regulations including, unless exempted

under Section 11.28.05, all items required within

Section 11.25.04.

11.28.05 Waiver of Submittal Requirements

The submittal requirements for permit applica-

tions for major extensions of domestic water and

sewage treatment systems may be waived by

the Board of County Commissioners as allowed

for in Section 11.19.03.

11.28.06 Approval of a Permit Application

A permit application for a major extension of ex-

isting domestic water or sewage treatment sys-

tems shall be approved if the proposed

development complies with the following criteria:

1. Major extensions of domestic water and

sewage treatment systems shall be permit-

ted in those areas in which the anticipated

growth and development that may occur as

a result of such extension can be accommo-

dated within the financial and environmental

capacity of the area to sustain such growth

and development.

2. The development site of a proposed major

extension of an existing domestic water or

sewage treatment system is not subject to

significant risk from earthquakes, floods,

fires or other disasters or hazards which

could cause a system operational break-

down.

3. Any proposed domestic water treatment and

distribution system is capable of providing

water meeting the requirements and specifi-

cations of the Colorado Department of Pub-

lic Health and Environment.

4. The proposed development complies with all

the criteria contained in Section 11.25.06,

Paragraphs 2. through 20., inclusive.

Land Use Regulations H.B. 1041 Regulations — §11.28.07

11-27

11.28.07 Denial of a Permit Application

A permit application shall be denied if an appli-

cant's application fails to meet all the relevant

criteria described directly or by reference in Sec-

tion 11.28.06.

11.29 Reserved

11.30 Reserved

11.31 Reserved

11.32 Regulations for Efficient Utilization of

Municipal and Industrial Water Projects

11.32.01 Title and Citation

This Section 11.32 may be cited as the "Regula-

tions for Efficient Utilization of Municipal and In-

dustrial Water Projects, and may be referred to

in such Sections as "these H.B. 1041 Regula-

tions."

11.32.02 Purpose and Intent

The purpose and intent of the regulations con-

tained in this Section 11.32 are:

1. To ensure that municipal and industrial wa-

ter projects are developed in a manner so as

to emphasize the most efficient use of water,

including, to the extent permissible under

law, the recycling and reuse of water;

2. To ensure that urban development, popula-

tion densities and site layout and design of

stormwater and sanitation systems shall be

accomplished in a manner that will prevent

the pollution of aquifer recharge areas;

3. To ensure that municipal and industrial wa-

ter projects are developed in such a manner

so as not to pollute rivers, streams, lakes

reservoirs, ponds and aquifer recharge are-

as within the source development area; and

4. To ensure that the off-site impacts of munic-

ipal and industrial water projects are effec-

tively mitigated.

11.32.03 Applicability

1. These H.B. 1041 Regulations shall apply to

the development of municipal and industrial

water projects wholly or partially within the

unincorporated territory of the County.

2. A permit under these H.B. 1041 Regulations

shall be required prior to or in conjunction

with subdivision, PUD or preliminary plan

approval, but in every case must be ob-

tained prior to commencement of construc-

tion of the project.

11.32.04 Relationship to Other Regulations

and Requirements

The relationship of this regulation to other regu-

lations and requirements shall be exactly as the

relationship provisions contained in Section

10.13 of these HB 1041 Regulations.

11.32.05 Designation of Municipal and In-

dustrial Water Projects

Having considered the intensity of current and

foreseeable development pressures, it is the or-

der of the Board of County Commissioners that

efficient use of municipal and industrial water

projects be designated a matter of state interest

and regulated pursuant to these H.B. 1041 Reg-

ulations. Development of municipal and indus-

trial water projects wholly or partially within the

unincorporated territory of the County shall be

subject to this designation and these H.B. 1041

Regulations.

11.32.06 Reasons for Designation

Development of municipal and industrial water

projects is hereby designated as a matter of

state interest for the reasons stated in Section

11.35.02 of these H.B. 1041 Regulations.

11.32.07 Application Procedure

The procedures concerning permit applications,

notice and conduct of permit hearings, review of

the Board of County Commissioners decisions,

and the issuance and content of permits to en-

gage in development of a municipal or industrial

water project shall comply with the provisions

set forth in Sections 11.07 through 11.15 of the-

se H.B. 1041 Regulations.

Land Use Regulations H.B. 1041 Regulations — §11.32.08

11-28

11.32.08 Prohibition on Development of

Municipal and Industrial Water

Projects

1. No person may engage in development of a

municipal or industrial water project in the

County without first obtaining a permit pur-

suant to these H.B. 1041 Regulations.

2. No local authority shall issue a building per-

mit for purposes of development or con-

struction of a municipal or industrial water

project without the applicant first having ob-

tained a permit pursuant to these H.B. 1041

Regulations.

11.32.09 Application for a Permit

1. Any person seeking to engage in develop-

ment of a municipal or industrial water pro-

ject in the County shall apply for a permit

from the County.

2. Applications for a permit to engage in devel-

opment of a municipal or industrial water

project shall be accompanied by appropriate

application fees. See Chapter XII of these

Regulations.

3. Applications for a permit to engage in devel-

opment of a municipal or industrial water

project shall be accompanied by the follow-

ing documents and information:

a. An abstract of the proposal indicating

the scope and need for the develop-

ment.

b. Preliminary review and comment on the

proposal by the appropriate agency of

the Colorado Department of Natural Re-

sources and the Colorado Department

of Public Health and Environment within

sixty (60) days of the date of submittal of

the proposal for review.

c. Alternative potential site locations and

the degree of feasibility of each.

d. For each alternative site or expansion

area under consideration by the appli-

cant, the submittal requirements speci-

fied in Section 11.35.10 of these H.B.

1041 Regulations.

4. Any demographic data needed to satisfy the

requirements of these H.B. 1041 Regula-

tions shall be consistent with those used or

required by or for the federally established

Section 208 area-wide waste treatment

management planning.

11.32.10 Submittal Requirements

1. Proponents of Proposal:

a. Names, addresses and business of all

local interests proposing the develop-

ment of a municipal or industrial water

project.

b. Name and qualifications of the persons

responding to the requirements con-

tained within these H.B. 1041 Regula-

tions.

2. Scope of Proposal:

a. Location and scope of the proposed pro-

ject.

b. Current and future needs for such de-

velopment.

c. Inventory of existing water projects

presently serving the municipality or ar-

ea in question and excess service ca-

pacity of each project.

d. Population trends, projections and

growth rates (if a municipal project).

e. Primary source of proposed water re-

sources.

3. Verification that the proposed water project

will not conflict with federal, state, regional

or County planning policies or regulations

applicable to land or water resources.

4. Detail proposed methods of ensuring effi-

cient and beneficial use of water resources

within the municipality or industrial area and

the source development area. Such meth-

ods should consider metering of all users,

examination of rate structure to discourage

waste and recycling of water for reuse

where permissible by Colorado water law.

Land Use Regulations H.B. 1041 Regulations — §11.32.10

11-29

5. Provide a description and detailed engineer-

ing plans and specifications of the proposed

construction of structures, buildings and im-

provements associated with the project and

the financial and environmental impacts

thereof on the community or surrounding ar-

eas within the development area and source

development area.

6. In instances where municipal or industrial

wastewater or stormwater disposal methods

are not subject to and regulated by other

state and/or federal statutes or regulations,

describe the proposed methods by which

stormwater or wastewater will be prevented

from contaminating aquifers.

7. Provide assurance that the proposed munic-

ipal or industrial water project is capable of

supplying water of a quality determined by

the Colorado Department of Public Health

and Environment.

8. Identify and locate on a map, at a scale ap-

propriate to the Board of County Commis-

sioners, the spatial relationship of any of the

following features present in the proposed

development and its environs and describe

the potential impact of the proposed devel-

opment on each relevant feature:

a. Marshlands and wetlands.

b. Groundwater recharge areas.

c. Potential natural hazards.

d. Forests and woodlands.

e. Critical wildlife habitat or other wildlife

protection areas.

f. Public, outdoor recreation areas.

g. Unique areas of geological, historical

and archaeological importance.

h. Critical aquatic life habitat.

i. Agricultural areas.

9. Describe the potential adverse effects of the

diversions of water from the source devel-

opment area upon plant and animal life de-

pendent upon the water resources in

question.

10. Provide a map, at a scale appropriate to the

Board of County Commissioners, describing

surface water bodies (streams, lakes and

existing or proposed reservoirs, etc.) and

groundwater aquifers in the source devel-

opment area and their uses. Describe the

effects of the diversion of water for the mu-

nicipal or industrial water project on the

above-described water features, including

the effects on present water quality, current

and foreseeable uses. Include a detailed

statement of impacts of the proposed project

upon federal and state water quality stand-

ards.

11. Describe the present zoning of the land in

the source development area.

12. Describe the agricultural productivity capa-

bility of the land in the source development

area, using SCS soils classification data,

and describe the potential effects of the di-

version of water for the municipal or indus-

trial water project on that agricultural

productivity capability.

13. Describe the potential effects of the pro-

posed development on eutrophication,

wasteload allocations and water quality of

the rivers, streams, aquifers and/or any ex-

isting or proposed reservoirs in the County.

14. Increased domestic and/or municipal water

treatment costs and/or wastewater treatment

costs. The applicant shall submit a plan to

offset increased domestic and/or municipal

water treatment and/or wastewater treat-

ment necessary to meet water quality

standards and determined to be a direct re-

sult of flow modification through changes in

the transport of nutrients, total dissolved sol-

ids, hardness, minerals or other pollutants

due to the operation of any project facilities

proposed by the applicant. This may be ac-

complished either by construction and oper-

ation of additional domestic and/or municipal

water treatment facilities made necessary by

the reduction in flow, or the applicant may

elect to pay a fee in lieu of those mitigation

measures. This fee will be based upon the

additional costs of domestic and/or munici-

pal treatment and/or wastewater treatment

(capital, operation and maintenance); and it

will be used exclusively for

Land Use Regulations H.B. 1041 Regulations — §11.32.10

11-30

meeting the costs of such additional domes-

tic and/or municipal treatment and/or waste

water treatment.

11.32.11 Waiver of Submission Require-

ments

The Planning Director may waive submission

requirements pursuant to the provisions of Sec-

tion 11.19.03.

11.32.12 Approval of a Permit Application

A permit application for development of a munic-

ipal or industrial water project shall be approved

(with reasonable conditions, if any, in the discre-

tion of the Board of County Commissioners) only

if the proposed development complies with all of

the following criteria:

1. The need for the proposed water project can

be substantiated.

2. Assurances of compatibility of the proposed

water project with federal, state, regional

and County planning policies regarding land

use and water resources.

3. Municipal and industrial water projects shall

emphasize the most efficient use of water,

including to the extent permissible under ex-

isting law, the recycling and reuse of water.

Urban development, population densities

and site layout and design of stormwater

and sanitation systems shall be accom-

plished in a manner that will prevent the pol-

lution of aquifer recharge areas.

4. Provisions to ensure that the proposed wa-

ter project will not contaminate surface water

resources.

5. The proposed water project is capable of

providing water pursuant to standards of the

Colorado Department of Public Health and

Environment.

6. Such proposed water project will not en-

courage strip or leapfrog development.

7. The proposed division of water from the

source development area will not decrease

the quality of peripheral or downstream sur-

face or subsurface water resources below

that designated by the Colorado Water

Quality Control Commission.

8. The proposed development and the poten-

tial diversions of water from the source de-

velopment area will not significantly

deteriorate aquatic habitats, marshlands and

wetlands, groundwater recharge areas,

steeply sloping or unstable terrain, forests

and woodlands, critical wildlife habitat or

other wildlife protection areas, big game mi-

gratory routes, calving grounds, migratory

ponds, nesting areas and the habitats of ra-

re and endangered species, public outdoor

recreation areas, and unique areas of geo-

logic, historic or archaeological importance.

9. Water treatment offset plans required by

Section 11.32.11(14) have been approved

by the Board of County Commissioners and

required fees associated therewith, if any,

have been paid.

10. The construction of structures, buildings and

improvements associated with the proposed

development will not significantly impact ex-

isting or proposed communities within the

development area and source development

area.

11.32.13 Denial of a Permit Application

.A permit application shall be denied if the appli-

cant fails to satisfy all the criteria outlined in Sec-

tion 11.32.12.

11.32.14 Administration, Enforcement and

Penalties

The provisions of these H.B. 1041 Regulations

and any permits issued hereunder shall be ad-

ministered and enforced according to the provi-

sions of Sections 11.07 through 11.15 of these

H.B. 1041 Regulations.

11.33 Designation of Site Selection and Con-

struction of Major Facilities of a Public

Utility

Having considered the intensity of current and fore-

seeable development pressures, it is the order of the

Board of County Commissioners that site selection

and construction of major facilities of a public utility

be designated a matter of local concern and state

interest and be regulated pursuant to the provisions

of these H.B. 1041 regulations.

Land Use Regulations H.B. 1041 Regulations — §11.33.01

11-31

11.33.01 Purpose and Intent

The purpose and intent of the regulations con-

tained in this Section 11.33 are:

1. To encourage planned and orderly land use

development;

2. To provide for the needs of agriculture, for-

estry, industry, business, residential com-

munities and recreation in future growth;

3. To encourage uses of land and other natural

resources which are in accordance with their

character and adaptability;

4. To conserve soil, water, forest and agricul-

tural resources and to protect vested water

rights;

5. To protect the beauty of the landscape;

6. To promote the efficient and economic use

of public resources;

7. To regulate the site selection and construc-

tion of major facilities of a public utility to

prevent significant deterioration or degrada-

tion of existing air and water quality in Las

Animas County;

8. To avoid or reduce direct conflicts with

adopted local government, regional and

state master plans; and

9. To regulate the site selection and construc-

tion of major facilities of a public utility to

preserve the health and welfare of the citi-

zens of Las Animas County.

11.33.02 Applicability

This Section 11.33 shall apply to the site selec-

tion and construction of all major facilities of a

public utility wholly or partially within the unin-

corporated territory of Las Animas County.

A permit under this Section 11.33 shall be re-

quired prior to or in conjunction with subdivision,

PUD or preliminary plan approval, but in every

case must be obtained prior to commencement

of construction of the project.

11.33.03 Relationship of Regulations to

Other County, State and Federal

Requirements Affecting Major Fa-

cilities of a Public Utility

Nothing in these H.B. 1041 regulations shall be

construed as exempting an applicant for a per-

mit from any other requirements of this County

or other state or federal laws and regulations.

To the extent that the requirements of these

H.B. 1041 regulations differ from any other ap-

plicable requirements, the more restrictive re-

quirements shall apply.

Nothing in these H.B. 1041 regulations shall be

construed as enhancing or diminishing the pow-

er and authority of municipalities, counties or the

Public Utilities Commission. Any order, rule or

directive issued by any governmental agency

pursuant to these H.B. 1041 regulations shall

not be inconsistent with or in contravention of

any decision, order or finding of the Public Utili-

ties Commission with respect to public conven-

ience and necessity. The Public Utilities

Commission and public utilities shall take into

consideration and, when feasible, foster compli-

ance with adopted master plans of local gov-

ernments, regions and the State.

Nothing in these H.B. 1041 regulations shall be

construed as enhancing or diminishing the rights

and procedures with respect to the power of a

public utility to acquire property and rights-of-

way by eminent domain to serve public need in

the most economical and expedient manner.

11.33.04 Boundaries of Area Covered by

Designation

The site selection and construction of any major

facility of a public utility wholly or partially within

the unincorporated territory of Las Animas

County shall be subject to this designation and

these H.B. 1041 regulations.

11.33.05 Reasons for Designation

Site selection and construction of any major fa-

cility of a public utility is hereby designated as a

matter of state interest for the reasons stated in

Section 11.33.01.

Land Use Regulations H.B. 1041 Regulations — §11.33.06

11-32

11.33.06 Restriction to Corridors

The projects that applicants propose shall be re-

stricted to corridors unless such route is not

economically or practically feasible or unless the

placement of the facilities overburdens any

piece of land.

The applicant and the property owner shall ne-

gotiate in good faith regarding the issue of what

path the utility will take over the owner's land.

There are several generally recognized corridors

within Las Animas County. The Planning Com-

mission shall identify said corridors, which identi-

fication shall later be recognized by the Board of

County Commissioners with the understanding

that the Board of County Commissioners may

adjust the corridors as submitted to it by the

Planning Commission. Said corridors shall then

be recognized in the regulations by an amend-

ment to it complete with maps showing said cor-

ridors.

Until the Planning Commission formally identi-

fies said corridors and submits that information

to the Board of County Commissioners, the

Planning Commission and the Board of County

Commissioners shall utilize their general

knowledge as to where existing corridors are

with the advice and counsel of the Planning Di-

rector.

11.33.07 Prohibition of Site Selection and

Construction of a Major Facility of

a Public Utility Without Permit

No person may locate or construct a major facili-

ty of a public utility wholly or partially in this

County without first obtaining a permit pursuant

to these H.B. 1041 regulations.

No local authority, including Las Animas County,

may issue a building permit for purposes of se-

lecting a site for or constructing a major facility

of a public utility wholly or partially in this County

without the applicant first having obtained a

permit pursuant to these H.B. 1041 regulations.

11.33.08 Prohibition on Placement of Com-

pressor Stations or Power Plants

Within a One-Mile Radius of any

Residence

No compressor station or power plant shall be

situated within a one-mile radius of any resi-

dence unless:

1. That compressor station or power plant

meets the noise level requirements of Sec-

tion 11.33.09; and

2. The applicant demonstrates that situation of

that compressor station or power plant as

required by this Section is unduly burden-

some and/or not physically or economically

feasible.

11.33.09 Noise Level Requirements for Ma-

jor Facilities of a Public Utility

No compressor station, power plant or other ma-

jor facility of a public utility shall exceed the fol-

lowing noise limitations within Las Animas

County: 50 db(A) from 7:00 a.m. to 7:00 p.m.

and 45 db(A) from 7:00 p.m. to 7:00 a.m. During

the hours between 7:00 a.m. and 7:00 p.m., the

above noise levels may be increased by 10

db(A) for a period not to exceed fifteen (15)

minutes in any one-hour period. The above

noise level shall be monitored at a distance of

twenty-five (25) feet from the property line where

the compressor station, power plant or other ma-

jor facility of a public utility site.

11.33.10 Procedural Requirements

The procedures concerning permit applications,

notice and conduct of permit hearings, review of

Board of County Commissioners decisions and

issuance and content of permits for selecting a

site and constructing any major facility of a pub-

lic utility shall comply with the provisions set

forth in Sections 11.07 through 11.15, inclusive,

of this Chapter, together with the additional

regulations set forth herein.

With regard to applications for site selection and

construction of major facilities of a public utility,

the procedures outlined in Sections 11.07

through 11.15 are modified as follows:

1. No later than thirty (30) days after receipt of

a completed application for a permit, the

Board of County Commissioners shall set

and publish notices of the dates, times and

places for hearings before the Board of

County Commissioners on said application.

The hearing before the Planning Commis-

sion may be set fourteen (14) days before

the hearing before the Board of County

Commissioners.

Land Use Regulations H.B. 1041 Regulations — §11.33.10

11-33

Prior to the preapplication conference, the appli-

cant may meet with both the Planning Director

and Board of County Commissioners to discuss

and outline the project. The purpose of the

meeting is to discuss general information perti-

nent to the project, identify any major problems

and define issues in order to direct the data

gathering and assessment that are to accompa-

ny the future application. No record shall be

maintained of this meeting and neither party

shall be bound by plans, statements or positions

discussed at the meeting.

1. If, as a result of the meeting, the Planning

Director or Board of County Commissioners

determines that the nature or extent of the

proposal involves the potential for significant

environmental damage or warrants exami-

nation of specific, less environmentally

damaging alternatives, the Planning Director

may request that the applicant evaluate and

present information on such alternatives as

part of the application. This shall not pre-

clude a similar request following the

preapplication conference.

2. Required information on alternatives may in-

clude, but shall not necessarily be limited to,

information on the environmental impacts

and cost-effectiveness of the alternatives in

relationship to the proposal presented.

To minimize expenditures of time and money by

all concerned, an application for a permit to lo-

cate and construct a major facility of a public util-

ity must begin with a preapplication conference

with the Planning Director. Within ten (10) days

following the preapplication conference or within

a reasonable time after consultation with the

Board of County Commissioners, the Planning

Director, in consultation with the Board of Coun-

ty Commissioners, shall determine whether or

not the application shall be commenced with a

preliminary application which shall be reviewed

by the Planning Director and the Board of Coun-

ty Commissioners without public hearing prior to

the receipt of the final application. The purposes

of the preliminary application are to assess the

general feasibility of the application, identify any

major problems and define issues in order to di-

rect the data gathering and assessment that are

to accompany the final application. The proce-

dures and submission requirements for each

stage of the application are set forth in more de-

tail below.

The requirements of these H.B. 1041 regulations

shall not be deemed to waive the requirements

of Section 40-5-101, et seq., C.R.S., if applica-

ble, that a public utility obtain a certificate of

public convenience and necessity.

Available documents, studies or reviews by ap-

plicant or regulatory agencies will be utilized

whenever possible by the Board of County

Commissioners in its review in order to minimize

duplication and promote the timely review of the

permit application.

11.33.11 Preapplication Conference

Prior to formal filing of the application, the appli-

cant shall confer with the Planning Director to

obtain information and guidance. The purpose

of such a conference is to permit the applicant

and the staff to review the proposal informally

before substantial commitments of time and

money are made.

Topics of discussion shall include, but not be

limited to:

1. Characteristics of the activity, including its

location or potential locations, significant

natural and man-made features, with par-

ticular attention to natural hazard, resource

or other special areas; the size and accessi-

bility of the site; surrounding development

and land uses; and its potential impact on

surrounding areas, including potential envi-

ronmental effects and planned mitigation

strategies.

2. The nature of the development proposed,

including land use types and their densities;

placement of proposed buildings and

maintenance of common open space or

treatment of public use areas; the preserva-

tion of natural features; proposed parking

areas and internal circulation system, includ-

ing trails, the total ground coverage of paved

areas and structures; and types of water and

sewage treatment systems proposed.

3. Community policy considerations, including

the review process and likely conformity of

the proposed development with the policies

and requirements of these H.B. 1041 regula-

tions.

Land Use Regulations H.B. 1041 Regulations — §11.33.11

11-34

4. Applicable regulations, review procedures

and submission requirements.

5. Other regulatory reviews or procedures to

which the applicant is subject, the appli-

cant's time frame for the project, whether the

applicant requests waiver of the preliminary

application, and other concerns of the appli-

cant.

Any comments or commitments made by any

member of the County administration during this

preapplication conference are only preliminary in

nature and should not be relied upon by the ap-

plicant. All prospective applicants should be in-

formed that formal comments can not be made

by staff until after the application is submitted

and property owners and referral agencies with-

in a one-mile circumference have had an oppor-

tunity to respond, if applicable.

County staff will make available to the applicant

any public information concerning the applica-

tion which is in the County's possession.

If the project is not set for a preliminary applica-

tion, the Planning Director shall consult with the

Board of County Commissioners concerning the

County's application requirements for the pro-

ject, and shall notify the applicant in writing ei-

ther at the preapplication conference, within ten

(10) days thereafter or as soon as feasible after

consulting with the Board of County Commis-

sioners in writing of such requirements, including

but not limited to the identity of those to receive

notification of the project under the applicable

sections, the extent of the project area to be

considered, the submittal requirements that will

be waived by the Planning Director, and any

particular submittal requirements in addition to

those specified in these Regulations.

11.33.12 Preliminary Application

Following the preapplication conference, the

Planning Director shall consult with the Board of

County Commissioners and, on the basis of the

information provided by the applicant at the

preapplication conference, it shall determine, in

its sole discretion, whether to require the appli-

cant to submit a preliminary application. This

decision shall be communicated by the Planning

Director to the applicant within ten (10) days af-

ter the preapplication conference, or as soon as

feasible thereafter. A preliminary process will be

required only for substantial facilities of a size or

potential impact on the community to justify ad-

ditional study. If the applicant objects to under-

going the preliminary application process, the

applicant may appeal this decision to the Board

of County Commissioners, which shall meet with

the applicant and the Planning Director as soon

as feasible thereafter to consider the basis for

the applicant's appeal, and shall then determine

whether or not the preliminary application shall

be waived for good cause shown.

The submission requirements for the preliminary

application shall be five (5) copies of the follow-

ing:

1. Completed application form in the format

approved by the Planning Director.

2. Description of proposed facility and site.

3. Description of the present use and zoning.

4. Vicinity map showing the proposed site and

the surrounding area. The project area to

be shown shall be defined as follows:

a. If a power plant is proposed, the area

within fifty (50) miles from the site;

b. If new transmission lines or pipelines

are proposed, provide a map showing

all existing transmission lines and pipe-

lines for a distance of two (2) miles be-

yond any reasonable alternative studied.

c. For upgrades of existing transmission

lines or gas pipelines, provide a map

showing all existing transmission lines

and pipelines within one (1) mile on ei-

ther side of the proposed alignment.

d. For all other major facilities of a public

utility, the area within ten (10) miles of

the site if another major facility is pro-

posed.

5. Type of facility - specify where applicable:

a. Approximate floor space of office build-

ing.

b. The voltages and lengths of transmis-

sion lines.

Land Use Regulations H.B. 1041 Regulations — §11.33.12

11-35

c. Power source and generating capacity.

d. The functions and sizes of substations.

e. The diameters and lengths of pipelines.

r. The capacities of the storage tanks and

types of petroleum derivative to be

stored.

g. Corridor locations.

h. Service area.

i. Resource area (e.g., source of power

being generated or transmitted, source

of petroleum derivative being transport-

ed).

6. Projected development schedule:

a. Estimate maximum number of employ-

ees, number of shifts and employees

per shift during the construction, opera-

tion and maintenance phases of the pro-

ject.

b. Specify any future phases or extensions

of the facility and relationship of the fa-

cility (if currently foreseen) to larger pro-

grams and plans.

c. Specify timetable for planning (e.g., fed-

eral permits other State permits, local

zoning, etc.).

d. Estimate beginning and completion of

construction and beginning of operation

of facility.

e. Describe support facilities (e.g., pollution

control, parking areas, landscaping,

etc.) to be provided.

f. Describe any feasible "non-structural"

alternatives to meet the objectives of the

proposed site selection and construc-

tion.

7. Hazards and emergency procedures:

a. Describe hazards, if any, of fire, explo-

sion and other dangers to the health,

safety and welfare of employees and the

general public.

b. Describe hazards, if any, of environmen-

tal damage and contamination due to

materials used at or activities taking

place at the proposed facility.

c. Describe emergency procedures to be

used in the event of fire, explosion or

other event which may endanger the

public health, safety and welfare.

d. Describe any prevalent natural hazards

that will affect or be affected by devel-

opment, and describe mitigating

measures to be taken to reduce danger

due to such natural hazards.

Upon receipt of complete preliminary application

submission requirements, the Planning Director

shall issue a receipt indicating that preliminary

application requirements have been satisfied.

Within thirty (30) days of issuing receipt of the

preliminary application, the Board of County

Commissioners, in consultation with the Plan-

ning Director, shall provide the applicant with a

written review concerning the general feasibility

of the application. Major problems and concerns

shall be outlined in this review.

If the applicant, after receiving the written re-

view, decides to proceed with the permit applica-

tion, then the applicant shall notify the Planning

Director in writing within forty-five (45) days.

The Board of County Commissioners shall then

arrange a meeting at a mutually agreeable time

and place among the Board, the Planning Direc-

tor and the applicant. This meeting may be at-

tended by interested parties and members of the

public, but they shall not be parties to the meet-

ing and shall be permitted to comment only in

the discretion of the Chair of the Board of Coun-

ty Commissioners.

At such meeting, the preliminary review shall be

discussed and clarified, where necessary, and

submission requirements for the final application

shall be determined, means of coordinating this

study with others shall be considered, referral

agencies for the application shall be designated,

and the parties shall establish study format,

methodology, map scales, work schedules in

gathering and analyzing data for the final appli-

cation, and a time frame for the final application.

Land Use Regulations H.B. 1041 Regulations — §11.33.13

11-36

11.33.13 Application Submittal Require-

ments

These application submittal requirements shall

apply to all applications for a development per-

mit for a major facility of a public utility, except

for requirements which have been waived by the

Planning Director, whether or not a preliminary

application is required. Fifteen (15) copies of

the application shall be submitted by the appli-

cant when the application is filed.

Submittal requirements for all applications for a

development permit for a major facility of a pub-

lic utility, where applicable:

1. The following are general requirements for

any map or plan required hereunder. Mini-

mum requirements include:

a. The name of the proposed development

or use and total number of acres under

consideration.

b. Since all maps and plans may be used

for public presentations, the map scale

and size should be large enough for ef-

fective presentation and should accu-

rately illustrate the application.

c. Name, address, and telephone number

of the applicant, designer, engineer,

surveyor and any other consultants of

the applicant.

d. Date of preparation, revision box, written

scale, graphic scale and north arrow for

each map.

2. The applicant must provide the following in-

formation concerning the title of the project

site, which shall be the entire proposed

alignment or corridor under consideration at

the time of the application for transmission

line and pipeline projects:

a. The names and addresses of all surface

property owners of the project site, all

adjacent landowners and all landowners

within two thousand six hundred forty

(2,640) feet of the boundaries of the

property proposed to be physically dis-

turbed, except for transmission line or

pipeline projects, for which the names

and addresses of all surface property

owners for five hundred (500) feet on ei-

ther side of the centerline of the pro-

posed alignment and all landowners

adjacent to the property on which the

transmission line or pipeline will sit shall

be provided;

b. The planned access to the project site

and the means that the applicant in-

tends to use to obtain a legal right to uti-

lize such access, including copies of any

access or right-of-way agreements en-

tered into by the date of the application

for such access;

c. The names and addresses of mineral in-

terest holders with an interest in any real

property proposed to be physically dis-

turbed or crossed by the activity or de-

velopment which is the subject of the

application in the case of projects to be

constructed more than ten (10) feet be-

low the surface, excluding foundation

structures for above-ground transmis-

sion lines, at least to the extent shown in

the records of the County Clerk and Re-

corder and Assessor.

In addition, the applicant shall provide a certifi-

cate stating the process by which the applicant

compiled such information, when such infor-

mation was compiled and the steps which were

taken to ensure the accuracy of the information.

The Planning Director will require that the infor-

mation be compiled and verified in a manner

reasonably designed to ensure the accuracy of

such information, but shall not require the use of

title insurance or attorney's title opinions.

3. The applicant shall provide the following

maps:

a. Map delineating study area and describ-

ing how the study area was determined.

b. Map showing all special districts

(school, fire, water, sanitation, etc.) with-

in the study area.

c. Map or narrative delineating the area

within the study area where the physical

and socioeconomic environment is likely

to be affected, beneficially or adversely,

by the site selection and construction of

the proposed facility.

Land Use Regulations H.B. 1041 Regulations — §11.33.13

11-37

4. The applicant shall supply information as per

the preliminary application requirements set

forth at 10.33.12, if the preliminary applica-

tion was not required.

5. The applicant shall supply a summarization

of major natural and socioeconomic envi-

ronmental constraints as they affect the site

selection and construction of the facility as

proposed.

6. The applicant shall supply a summarization

of the effects of the proposed site selection

and construction upon the natural and soci-

oeconomic environment of the impact area

as applicable to submission requirements.

Included should be an analysis of impacts

upon agricultural productivity and agricultur-

al resources and upon vested water rights.

7. The applicant shall supply an analysis of the

long-term effects of the proposed site selec-

tion and construction upon the physical and

socioeconomic development of the impact

area.

8. The applicant shall supply a description of a

program to minimize and mitigate adverse

impacts and to maximize the positive im-

pacts of the proposed site selection and

construction.

9. The applicant shall supply an analysis of

non-structural alternatives to the project,

such as conservation of energy use, no de-

velopment or management (different sched-

uling, conservation programs, facility design,

land trades etc.), if applicable.

10. The applicant shall supply an analysis of

structural alternatives to the project, such as

alternate locations and routes, alternative

types of facilities, use of existing rights-of-

way, joint use of rights-of-way with other util-

ities and upgrading of existing facilities.

11. The applicant shall supply an analysis of air

and water pollution impacts and control al-

ternatives.

12. The applicant shall supply an analysis of de-

sign alternatives concerning access, land-

scaping, architectural controls and so forth.

13. The applicant shall supply a proposed form

of development agreement to meet costs of

affected political subdivisions in the project

area of providing new or upgraded services

and facilities necessary to serve the pro-

posed project.

14. The applicant shall supply an analysis of hy-

drologic, atmospheric, geologic, pedologic,

biotic, visual and noise impacts.

15. The applicant shall supply a surface and

subsurface drainage analysis.

16. The applicant shall supply any other infor-

mation required by the Board of County

Commissioners or the Planning Director and

communicated to the applicant at the

preapplication conference or within ten (10)

days thereafter, if the project is proceeding

without a preliminary application, or no later

than the preliminary review meeting de-

scribed at 10.35.05.6 hereof, if the applica-

tion is proceeding with a preliminary

application. This limitation shall not pre-

clude the Board of County Commissioners

from requesting the applicant to provide ad-

ditional information during the public hearing

on the application. The applicant shall be

granted reasonable continuances to provide

such information if the applicant so requests.

Specific submittal requirements. These addi-

tional requirements shall be imposed on the ap-

plicant by the Planning Director, in such

Administrator's sole discretion, if the Planning

Director determines that the need for the addi-

tional information is warranted by the size and

scope of the proposed project in order for the

Board of County Commissioners to make an in-

formed decision on the application. It is the in-

tention of these H.B. 1041 regulations that the

following information shall be required only if the

proposed project is of such size and scope that

it is reasonably likely to have significant envi-

ronmental or social impacts on Las Animas

County residents or lands.

1. Detailed description of the need for the pro-

posed development or activity, including but

not limited to:

a. The present population of the area to be

served and the total population to be

served when the project is operating at

full capacity.

Land Use Regulations H.B. 1041 Regulations — §11.33.13

11-38

b. The predominant type of users or com-

munities to be served by the proposal.

c. The percentage of the design capacity

at which the current system is now op-

erating.

d. If the proposal is for construction of a

new facility and the capacity of that facil-

ity exceeds a ten-year projected in-

crease in demand, a detailed

explanation of the excess service ca-

pacity and the cost of the excess ca-

pacity.

e. The relationship of the proposal to the

applicant's long-range planning and cap-

ital improvement programs.

f. A description of why public convenience

and necessity require a facility of the

size and nature proposed.

g. A description of the user needs and user

patterns to be fulfilled by the proposed

project.

h. A description of the relationship of the

project to other existing and planned

utility facilities of a similar nature, other

communication or energy generation

and transmission facilities, local gov-

ernment capital improvement programs

and special district expansion programs.

2. Environmental impact analysis.

a. Land use:

1) Describe the relationship of the pro-

ject to local land use policies and

comprehensive plans and to policies

and plans adopted or under prepara-

tion by federal, state, regional or oth-

er affected local governmental

agencies.

2) Detail the agricultural productivity

capability of the land affected by the

proposal (NRCS classification).

3) Specify how the proposed develop-

ment will utilize existing easements

or rights-of-way for any associated

distribution or collector networks.

b. Information regarding other utility facili-

ties:

1) A map showing each existing major

facility of a public utility within the

County of the type proposed for de-

velopment.

2) The design capacity of each such fa-

cility, the excess capacity of each

such facility and the percentage of

capacity at which each such facility

operates.

3) Whether present facilities can be up-

graded to adequately accommodate

a ten-year projected increase in de-

mand for services to be offered by

the proposed project.

c. Water resources:

1) On the map of the base area, or an-

other appropriate map, indicate any

floodplain associated with the pro-

posal. Documentation of the histori-

cal flooding activity should be

included. Detail potential, adverse

impacts related to the associated

floodplain.

2) Describe the potential adverse ef-

fects of the proposal upon plant and

animal life dependent upon the water

resources in question.

3) Describe proposed sewage treat-

ment facilities and nonpoint source

controls.

4) Describe pollutant loads (point and

non-point sources) expected directly

from the development. Specify sea-

sonal variation.

5) Describe the proposed water system,

including:

a) Source of supply, volume and

rate of flow at full development.

b) Water rights owned or utilized.

c) Proposed points of diversion and

changes of points of diversion.

Land Use Regulations H.B. 1041 Regulations — §11.33.13

11-39

d) Volume of stream flow to remain

unused between points of diver-

sion.

e) Dependability of supply (physical

and legal).

f) Effects on downstream users.

d. Air quality.

1) Detail how many average daily trips

will be generated by the proposal.

2) Describe atmospheric and meteoro-

logic conditions in the impact area,

and the background ambient air

quality (TSP, S02, CO, HC, NOx, 03,

etc.).

3) Describe pollutant outputs anticipat-

ed from the development and mitiga-

tion strategies.

e. Significant environmentally sensitive

factors.

Identify and locate on a map of appro-

priate scale the juxtaposition of any of

the following features present in the

proposed development or activity and its

vicinity, and detail the potential impact of

the proposal upon each feature.

1) Marshlands and wetlands.

2) Ground water recharge areas.

3) Potential natural hazards.

4) Forests and woodlands.

5) Critical wildlife habitat.

6) Public outdoor recreation areas.

7) Unique areas of geologic, historic or

archeological importance.

f. Visual aesthetics and nuisance factors:

1) Identify any significant deterioration

of natural aesthetics, creation of vis-

ual blight, noise and obnoxious odors

which stem from the proposal.

2) Where significant, map or describe

the area within view of the project.

3) Describe the proposed mitigation

strategy.

g. Transportation impacts:

1) Describe what impacts the proposal

will have upon transportation pat-

terns in the area intended to be

served or affected by the proposal.

2) Describe the potential impact on

roads within the County.

3) Identify improvements required to

any roads within the County in order

to serve the project adequately.

h) Less damaging alternatives:

1) If the Planning Director determines

that the nature or extent of the pro-

posal involves the potential for signif-

icant environmental damage or

warrants examination of specific,

less environmentally damaging alter-

natives, the Planning Director may

request that the Board of County

Commissioners require that the ap-

plicant evaluate and present infor-

mation on such alternatives as part

of the application.

2) Required information on alternatives

may include, but shall not necessari-

ly be limited to, information on the

environmental impacts and cost-

effectiveness of the alternatives in

relationship to the proposal present-

ed.

3. Community impact analysis.

a. Public support facilities and pacts:

1) Describe community or public sup-

port facilities needed for the project,

including but not limited to police and

fire protection, public road mainte-

nance and educational and health

services, and identify needs for im-

provement or construction of new fa-

cilities or programs required for the

success of the project.

Land Use Regulations H.B. 1041 Regulations — §11.33.13

11-40

2) Describe how these needs are pro-

posed to be accomplished or fi-

nanced.

b. Impact on public finances:

1) Describe capital investment in facili-

ty.

2) Estimate anticipated revenues to lo-

cal, state and federal governments

and special districts.

4. Applicants seeking a permit for the site se-

lection and construction of pipelines or stor-

age areas shall submit the following

additional documents and information:

a. Description of hydrologic conditions –

surface (impact area).

1) Provide a map of all surface water.

2) Describe expected monthly stream

flows for typical year, wet year, dry

year (include seven-day – ten-year

low flows where sufficient data ex-

ists)

3) Describe physical stream features

(gradient, velocity, depth, etc.).

4) Provide data on chemical and biolog-

ical quality, including BOD, dissolved

, free CO

, pH, TDS, ph-th alkalini-

ty, MO alkalinity, NH

, heavy metals

and other toxic or deleterious sub-

stances.

b. Description of hydrologic conditions –

subsurface (impact area).

1) Map all aquifers that may be affected

by the project.

2) Provide tables, graphs and maps

showing permeability, transmissibil-

ity, thickness, volume, depth of aqui-

fers.

3) Describe geology of strata overlying

aquifers including percolation rates,

travel time to ground water surface.

4) Map of all wells using aquifers, in-

cluding diameter and flow rates.

5. Applicants seeking a permit for the site se-

lection and construction of a power plant

shall submit, in addition to those require-

ments set forth above, a map locating and

describing resource areas to be utilized as

sources of energy.

6. Applicants seeking a permit for the site se-

lection and construction of transmission

lines or substations shall submit the follow-

ing additional documents and information:

a. Computer modeled electromagnetic field

measurement within the proposed

transmission line easement for that por-

tion of the transmission line between

substations or transition sites; and

b. Measures taken to comply with the con-

cept of prudent avoidance with respect

to planning, siting, construction and op-

eration of transmission lines, which may

be those steps taken to comply with the

Colorado Public Utilities Commission's

Rule 18(i)1 or similar authority, for pro-

jects where other similar authority is ap-

plicable.

11.33.14 Approval of Permit Application

The Board of County Commissioners shall ap-

prove an application for a permit for site selec-

tion and construction of a major facility of a

public utility (with reasonable conditions, if any,

in the discretion of the Board of County Com-

missioners) only if the proposed site selection

and construction complies with the following to

the extent applicable:

1. The health, welfare and safety of the citizens

of this County will be protected and served.

2. The natural and socioeconomic environment

of this County will be protected and en-

hanced.

3. All reasonable alternatives to the proposed

action, including use of existing rights-of-

way and joint use of rights-of-way wherever

uses are compatible, have been adequately

assessed and the proposed action repre-

sents the best interests of the people of this

County and presents the best utilization of

resources in the impact area.

Land Use Regulations H.B. 1041 Regulations — §11.33.14

11-41

4. A satisfactory program to mitigate and mini-

mize adverse impacts has been presented.

5. The nature and location or expansion of the

facility complies with all applicable provi-

sions of the Master Plan of this County, and

other applicable regional, metropolitan, state

and national plans.

6. The nature and location or expansion of the

facility complements the existing and rea-

sonably foreseeable needs of the service

area and of the area immediately affected by

the facility.

7. The nature and location or expansion of the

facility does not unduly or unreasonably im-

pact existing community services.

8. The nature and location or expansion of the

facility will not create an expansion of the

demand for government services beyond the

reasonable capacity of the community or re-

gion to provide such services, as determined

by the Board of County Commissioners.

9. The facility site or expansion area is not in

an area with general meteorological and

climatological conditions which would un-

reasonably interfere with or obstruct normal

operations and maintenance.

10. The nature and location of the facility or ex-

pansion will not adversely affect the water

rights of any upstream, downstream or agri-

cultural users, adjacent communities or oth-

er water users.

11. Adequate water supplies are available for

facility needs.

12. The nature and location of the facility or ex-

pansion will not unduly interfere with any ex-

isting easements for or rights-of-way, for

other utilities, canals, mineral claims or

roads.

13. Adequate electric, gas, telephone, water,

sewage and other utilities exist or shall be

developed to service the site.

14. The nature and location for expansion of the

facility will not interfere with any significant

wildlife habitat or adversely affect any en-

dangered wildlife species, unique natural re-

source or historic landmark within the impact

area;

15. The nature and location or expansion of the

facility, including expected growth and de-

velopment related to the operation and pro-

vision of service, will not significantly

deteriorate water or air quality in the impact

area.

16. The geological and topographic features of

the site are adequate for all construction,

clearing, grading, drainage, vegetation and

other needs of the facility construction or

expansion.

17. The existing water quality of affected state

waters will not be degraded below state and

federal standards or established baseline

levels.

18. The proposed project will not have a signifi-

cantly adverse net effect on the capacities or

functioning of streams, lakes and reservoirs

in the impact area, nor on the permeability,

volume, recharge capability and depth of

aquifers in the impact area.

19. The benefits of the proposed developments

outweigh the losses of any natural resources

or reduction of productivity of agricultural

lands as a result of the proposed develop-

ment.

20. The applicant has obtained or will obtain all

property rights, permits and approvals nec-

essary for the proposed project, including

surface, mineral and water rights and ease-

ments for drainage, disposal, utilities, ac-

cess, etc. If the applicant has not obtained

all necessary property rights, permits and

approvals, the Board of County Commis-

sioners may, at its discretion, grant the per-

mit conditioned upon completion of the

acquisition of such rights prior to issuance of

a zoning or building permit by the County.

The Board of County Commissioners shall deny

the permit if the proposed development does not

comply with the applicable criteria of this Sec-

tion.

The Board of County Commissioners may im-

pose additional mitigation requirements and

conditions on an applicant as follows if it com-

plies with each of the following steps:

Land Use Regulations H.B. 1041 Regulations — §11.33.14

11-42

1. The Board of County Commissioners shall

make written findings that each such re-

quirement and condition is necessary to en-

sure that the proposed project will not result

in significant adverse net effect on the re-

sources, values and conditions referenced

above.

2. The Board of County Commissioners shall

also find in writing that each such require-

ment and condition is necessitated by the

proposed project.

3. All such findings shall be based on material

in the administrative record.

4. The Board of County Commissioners shall

base the additional requirements and condi-

tions on applicable design standards as

adopted by the County to the extent that

such standards then exists.

12-i

CHAPTER XII

FEES

12.01 Conditions of Fee Payment ............................................................................................................................ 12-1

12.02 Fee Requirement and Exemptions ................................................................................................................ 12-1

12.03 Amendments to Fee Structure ....................................................................................................................... 12-1

12.04 Negotiated Fees ............................................................................................................................................ 12-1

12.05 Assessment of Supplemental Fees ............................................................................................................... 12-1

12.06 Fee Structure ................................................................................................................................................. 12-2

12.06.01 Zoning-Related Applications ....................................................................................................... 12-2

12.06.02 Subdivision and Plat-Related Applications (including Replats) ................................................... 12-2

12.06.03 Matters of Local Concern and State Interest ............................................................................... 12-2

12.06.04 Other Actions .............................................................................................................................. 12-2

Land Use Regulations Fees — §12.01

12-1

CHAPTER XII

FEES

12.01 Conditions of Fee Payment

No applications for land use changes requiring a fee

as established by this Chapter will be accepted

without payment of the required application fees. All

fees are payable to the order of Las Animas County

in the form of cash, check or money order. Fee

payments that do not clear due to insufficient funds

shall cause all processing and review of an applica-

tion to be halted immediately until proper payment

has been made.

All fees paid are nonrefundable except to applicants

who provide written notification to the Planning

Director of a withdrawal of an application prior to its

initial consideration by the Planning Commission or,

if no Planning Commission review is required, its

initial hearing before the Board of County Commis-

sioners, Board of Adjustment or Planning Director,

as shown on the Review Process Chart, Section

2.03.

12.02 Fee Requirement and Exemptions

The fees included in this Chapter shall be paid by all

applicants requesting or proposing land use chang-

es requiring payment of an application fee as listed

herein, with the following exceptions:

1. All Las Animas County departments, agencies,

boards and commissioners are hereby declared

to be exempt from the payment of fees other-

wise required herein.

2. Upon written request of a public agency or a not-

for-profit applicant to the Board of County Com-

missioners requesting an adjustment to or an

exemption from any of the fees contained herein

and a statement of the reasons why such fee

change or waiver should be granted, the Board

of County Commissioners shall consider the

matter at a regularly scheduled meeting and on-

ly grant such requests in cases where the char-

acteristics of the application would cause the

establishment application fees to represent an

unreasonable burden upon the applicant.

12.03 Amendments to Fee Structure

Acting upon the recommendation of the Planning

Director, the Board of County Commissioners may at

its discretion modify, eliminate or add to the fees

listed herein by resolution.

12.04 Negotiated Fees

Applications for large-scale developments listed

below as requiring negotiation of fees shall be nego-

tiated between the applicant and the Planning

Commission. Following such negotiations, the addi-

tional fees agreed upon by the applicant and the

Planning Commission shall be submitted to the

Board of County Commissioners for approval of the

Board.

12.05 Assessment of Supplemental Fees

Applications for proposed land use changes of large

scale or complexity, or likely to produce substantial

on- or off-site physical, social or economic impacts

may require special review by engineering, tech-

nical, scientific and other expert personnel not nor-

mally employed on a regular basis by Las Animas

County. When, in the judgment of the Planning

Commission or the Board of County Commissioners,

such independent expert review and analysis of an

application is required, the direct cost of such expert

review and analysis shall be added to the application

fees contained herein and charged to the applicant.

Payment of such supplemental fees by the applicant

to Las Animas County shall be a precondition for the

granting of all permits or approvals requested by the

applicant and requiring independent expert review or

analysis.

Applications for proposed land use changes requir-

ing legally mandated State of Colorado agency

reviews by agencies charging fees for such review

services shall be assessed supplemental fees in the

amount of such charges incurred by Las Animas

County. Such supplemental fees shall be paid by

the applicant to Las Animas County as a precondi-

tion for the granting on all required permits or ap-

provals.

Land Use Regulations Fees — §12.06

12-2

12.06 Fee Structure

12.06.01 Zoning-Related Applications

1. Rezoning: $500.00

a. Over 1,000 acres: $1.00/acre

2. Special use permit: $300.00

3. Special use permit/mining &

extraction: $500.00

4. Special use permit/mobile home

park or campground: $1,000.00

5. Special use permit landfill: $1,000.00

6. Variance application: $150.00

7. Sign permit:

a. Administrative approval under

50 square feet: $25.00

b. Board of County

Commissioners approval,

50 square feet and above: $150.00

12.06.02 Subdivision and Plat-Related Ap-

plications (including Replats)

1. Sketch plan: $250.00

2. Preliminary plan: $500.00

3. Final plat (excludes recording

fees): $250.00

4. Plat amendment: $250.00

5. Plat corrections: $100.00

6. Vacating of plats, rights-of-way

and easements: $150.00

7. Subdivision exemptions: $500.00

8. Development plan applications: $200.00

9. PUD permits: $1,000.00

12.06.03 Matters of Local Concern and

State Interest

1. H.B. 1041 development permits: $5,000.00

12.06.04 Other Actions

1. Extractive Operation Performance

Bonds: $50.00

2. Temporary Use Permits: $75.00

3. Mobile Home Permits:

Double Wide: $290.00

Single Wide (16-foot and less

in width): $165.00

4. Appeals Procedure: $75.00

5. Minor Oil and Gas Facility: $1,000.00

6. Major Oil and Gas Facility: $4,000.00

7. Certificate of Designation: $1,000.00

13-i

CHAPTER XIII

ENFORCEMENT, VIOLATIONS AND PENALTIES

13.01 Enforcement Authority ................................................................................................................................... 13-1

13.02 Unlawful to Violate These Regulations .......................................................................................................... 13-1

13.03 Remedies ....................................................................................................................................................... 13-1

13.03.01 Withholding Permits .................................................................................................................... 13-1

13.03.02 Cease and Desist Orders ............................................................................................................ 13-1

13.03.03 Injunction ..................................................................................................................................... 13-1

13.03.04 Specific Performance .................................................................................................................. 13-1

13.03.05 Judicial Action ............................................................................................................................. 13-1

13.03.06 Cumulative Remedies ................................................................................................................. 13-2

13.04 Enforcement Process..................................................................................................................................... 13-2

13.04.01 Complaint and Verification of Violation ........................................................................................ 13-2

13.04.02 Authority to Enter and Inspect ..................................................................................................... 13-2

13.04.03 Notice of Violation and Response ............................................................................................... 13-2

13.04.04 Notice Requirements ................................................................................................................... 13-2

13.04.05 Response .................................................................................................................................... 13-3

13.05 Abatement by the County .............................................................................................................................. 13-3

13.05.01 Authorization for Abatement by County ....................................................................................... 13-3

13.05.02 Execution of Warrant and Abatement of Violation ....................................................................... 13-3

13.05.03 Cost of Abatement Billed to Property Owner ............................................................................... 13-3

13.05.04 Collection of Unpaid Bill for Cost of Abatement by County .......................................................... 13-3

13.06 Enforcement of Subdivision Regulations ....................................................................................................... 13-4

13.06.01 Requirement for County Subdivision Approval ............................................................................ 13-4

13.06.02 Enforcement of Subdivision Process and Platting Requirements ................................................ 13-4

13.07 Acceleration of Enforcement Process to Protect Public Health, Safety and Environment ............................. 13-4

Land Use Regulations Enforcement, Violations & Penalties — §13.01

13-1

CHAPTER XIII

ENFORCEMENT, VIOLATIONS AND

PENALTIES

13.01 Enforcement Authority

Provisions of these Regulations shall be enforced by

the Board of County Commissioners and the County

Attorney through their authority granted by Colorado

law, as follows:

1. The Subdivision and Subdivision Exemption

regulations of these Regulations, set forth in

Chapter IV, Subdivision Regulations, shall be

enforced in accordance with remedies specified

under Sections 30-28-110, C.R.S., and 30-28-

137, C.R.S.

2. The Planned Unit Development regulations of

these Regulations, set forth in Chapter V,

Planned Unit Development (PUD) Regulations,

shall be enforced in accordance with Section 24-

67-101, et seq., C.R.S., the Planned Unit Devel-

opment Act, in addition to applicable zoning and

subdivision regulation remedies.

3. All other provisions shall be enforced as a viola-

tion of zoning regulations in accordance with

Section 30-28-114, C.R.S.

13.02 Unlawful to Violate These Regulations

It shall be unlawful to develop or use any building,

structure or land in unincorporated Las Animas

County in violation of these Regulations.

13.03 Remedies

13.03.01 Withholding Permits

The County shall not issue any building permit

unless the proposed erection, construction, re-

construction, alteration or use fully conforms to

all provisions of these Regulations and complies

with all other state and local regulations.

The County may withdraw or deny land use

change permits, including plat approvals, and

any other applicable permits issued under these

Regulations, on any land for which a notice of

violation has been issued and the violation has

not been corrected in a timely manner. The

County may require correction of the violation as

a condition of any future approvals.

13.03.02 Cease and Desist Orders

After notice of a violation and an opportunity to

correct the violation, the County may halt work

on any land where there is a violation of a provi-

sion of these Regulations or of a permit issued

hereunder, through issuance of a cease and de-

sist order. All work shall immediately halt upon

issuance of such order. If work continues, the

unlawful erection, construction, reconstruction,

alteration, maintenance or use shall be in viola-

tion of these Regulations.

13.03.03 Injunction

If any building, structure or land is or is proposed

to be erected, constructed, reconstructed, al-

tered, maintained or used in violation of the pro-

visions of these Regulations, the Board of

County Commissioners or the County Attorney,

in addition to other remedies provided by law,

may institute an injunction, mandamus, abate-

ment or other appropriate action or proceeding

to prevent, enjoin, abate or remove such unlaw-

ful erection, construction, reconstruction, altera-

tion, maintenance or use.

13.03.04 Specific Performance

The County may seek specific performance of

the terms or conditions of any agreement or

permit issued under these Regulations.

13.03.05 Judicial Action

At the request of the Board of County Commis-

sioners, the County Attorney shall be empow-

ered to bring either a civil or a criminal (or both)

action against the owner of any premises or

property on which a violation of these Regula-

tions is alleged and, following investigation, has

been confirmed or is reasonably believed to ex-

ist.

1. Civil remedies against violations of these

Regulations may include injunction, man-

damus, abatement or any other appropriate

action or proceeding to prevent, enjoin,

abate or remove the violation. Fines as-

sessed pursuant to these enforcement pro-

visions may be recovered in that same civil

action wherein such injunction, mandamus

and/or abatement is sought, or separate and

Land Use Regulations Enforcement, Violations & Penalties — §13.03.05

13-2

district proceedings may be instituted seek-

ing varying forms of relief, as may be al-

lowed by law.

2. Criminal violations of these Regulations

shall be punished by a fine in an amount not

to exceed one hundred dollars ($100.00) for

each violation or by imprisonment in the

County jail for not more than ten (10) days,

or by both a fine and imprisonment, and

payment of all costs and expenses involved

in prosecuting the offense, or by such other

remedy as may be specified by law. Each

day during which such illegal erection, con-

struction, reconstruction, alteration, mainte-

nance or use continues shall be deemed a

separate offense.

13.03.06 Cumulative Remedies

All remedies provided for in this Section are cu-

mulative, are not exclusive and shall be in addi-

tion to any other remedies provided by law. To

the extent that Colorado law may limit the avail-

ability of a particular remedy for a particular vio-

lation or a part of a violation, such remedy shall

remain available for other violations of other

parts of the same violation, and all other reme-

dies shall remain available for the same viola-

tions or part of a violation.

13.04 Enforcement Process

13.04.01 Complaint and Verification of Vio-

lation

Upon complaint made or filed by a member of

the public or by a County official or employee,

the Planning Director shall verify the complaint

as a violation of these Regulations.

13.04.02 Authority to Enter and Inspect

The Planning Director is empowered to inspect

and examine any building, other structure or

parcel or other area of land where there is rea-

sonable cause to believe that a use exists or

construction, reconstruction, alteration or

maintenance is being performed or has been

performed in violation of these Regulations.

Consent to enter or an administrative entry and

seizure warrant shall not be required in the fol-

lowing circumstances:

1. To conduct inspections within the scope of

another official document.

2. To make observations of the premises in

plain view from public property or from por-

tions of the premises which are open or ac-

cessible to the public, or in which the owner

or occupant otherwise lacks a reasonable

expectation of privacy.

3. In emergency situations in which the Plan-

ning Director has reason to believe that the

public health or safety is in imminent danger

and could be jeopardized by delay.

The following documents shall be required for

the court to issue an administrative entry and

seizure warrant.

1. The applicable regulatory provisions of the-

se Regulations.

2. An affidavit stating the factual basis for the

warrant.

3. Evidence that the property owner has re-

ceived notice of the violation and has failed

to abate the violation within the prescribed

time.

4. A general description of the location of the

subject property.

5. A general description of the violation.

6. The proposed method and extent of abate-

ment by the County, including proposed dis-

posal or temporary impoundment of

property.

13.04.03 Notice of Violation and Response

If a violation exists, the County shall send written

notice of a violation of these Regulations to the

property owner of record, as identified In the

County tax records.

13.04.04 Notice Requirements

The notice of violation shall be sent by certified

mail, return receipt, to both the address in the

tax records and the property address, if different.

The notice of violation shall contain the following

information.

Land Use Regulations Enforcement, Violations & Penalties — §13.04.04

13-3

1. A list and description of all violations with

references to the section or sections of the

Regulations violated.

2. An order requiring correction of the viola-

tions.

3. The date by which compliance shall be at-

tained.

4. The appeal process, if applicable for the vio-

lations.

13.04.05 Response

Unless otherwise provided by these Regula-

tions, a period of thirty (30) calendar days after

the date of notice shall be allowed for response

to a notice of violation:

1. The alleged violator shall respond by provid-

ing evidence satisfactory to the Planning Di-

rector to show that the determination is in

error; or

2. The alleged violator shall restore the site,

structure or use of the property to compli-

ance. An inspection by the County shall be

required to confirm compliance; or

3. The alleged violator shall obtain approval

from the County for an extension of time to

attain compliance, showing good cause for

extension, with such extension limited to six-

ty (60) days unless a longer period is ap-

proved due to extenuating circumstances

ending with an inspection of the property by

the County to confirm compliance.

13.05 Abatement by the County

13.05.01 Authorization for Abatement by

County

If the alleged violator fails to comply with the

County's requirements for abatement of the vio-

lation, the Planning Director may request that

the Board of County Commissioners, at a public

meeting, authorize the County to arrange for

abatement of the violation. (NOTE: A public

hearing is not required.)

At least fourteen (14) calendar days prior to the

date of the meeting, the Planning Director shall

provide notice of the meeting to the alleged vio-

lator by certified mail, return receipt requested to

both the address in the County tax records and

the property address, if different.

13.05.02 Execution of Warrant and Abate-

ment of Violation

Upon authorization by the Board of County

Commissioners for abatement by the County,

the Planning Director shall seek an administra-

tive entry and seizure warrant from the County

Court or District Court having jurisdiction over

the subject property.

1. Within ten (10) calendar days following the

date of issuance of an administrative war-

rant, the County shall abate the violation in

accordance with the direction of the court. A

copy of the issued warrant shall be provided

to the property owner. Proof of the execu-

tion of the warrant, including a written inven-

tory of any property impounded by the

County, shall be submitted to the court.

2. The proposed method of abatement by the

County may be accomplished through the

use of County staff or by contract with a pri-

vate party.

13.05.03 Cost of Abatement Billed to Prop-

erty Owner

A bill for the reasonable costs of abatement,

plus an inspection fee of five (5) percent of that

cost, shall be mailed to the property owner of

record, at both the address in the tax records

and the property address, if different. Payment

of the bill shall be due within sixty (60) days of

the date of the bill.

13.05.04 Collection of Unpaid Bill for Cost

of Abatement by County

If the bill is unpaid after sixty (60) calendar days,

the Planning Director through the County Clerk

shall certify the bill to the County Treasurer, who

shall collect the assessment, together with a ten-

percent penalty for the cost of collection, in the

same manner as other taxes are collected.

Land Use Regulations Enforcement, Violations & Penalties — §13.06

13-4

13.06 Enforcement of Subdivision Regulations

13.06.01 Requirement for County Subdivi-

sion Approval

No plans, plats, plots and replats of land laid out

in subdivision or building lots or of the streets,

highways or alleys, or other portions thereof, in-

tended to be dedicated to a public use or the

use of purchasers or owners of lots fronting

thereon or adjacent thereto, shall be recorded in

any public office unless first approved in compli-

ance with these Regulations.

Any subdivider or agent of a subdivider who

transfers or sells land before the final plat has

been approved pursuant to these Regulations

and recorded or filed in the office of the County

Clerk and Recorder shall be guilty of a misde-

meanor and, upon conviction thereof, shall be

punished by a fine of not more than one thou-

sand dollars ($1,000.00) nor less than five hun-

dred dollars ($500.00) for each parcel or interest

in subdivided land which is sold or offered for

sale. All fines collected shall be credited to the

General Fund of the County. (Section 30-28-

110(4)(a),C.R.S.)

The Board of County Commissioners shall have

the power to bring an action to enjoin any subdi-

vider from selling proposed subdivided land be-

fore the final plat has been approved by the

Board of County Commissioners and filed for re-

cording in the office of the County Clerk and Re-

corder. (Section 30-28-110(4)(b), C.R.S.)

In addition to any other enforcement action

specified in these Regulations, the Planning Di-

rector is authorized to withhold or demand with-

holding the issuance of any permits under these

Regulations sought or requested for property

which is determined to have been divided with-

out the required County approval. (Section 30-

28-110(4)(a), C.R.S.)

Properties that were divided in violation of the

County's land use regulations in effect at the

time of such division shall be further subdivided

only if the proposal includes provisions which

bring the entire original parcel, including the ar-

ea previously divided in violation of County regu-

lations, into compliance with the provisions of

these Regulations.

13.06.02 Enforcement of Subdivision Pro-

cess and Platting Requirements

The Board of County Commissioners or the pur-

chaser of any lot or other subdivided land sub-

ject to a plat restriction which is the security

portion of an improvements agreement shall

have the authority to bring an action in district

court to compel enforcement of the improve-

ments agreement on the sale, conveyance or

transfer of any such subdivided land, or en-

forcement of other applicable provisions for sub-

division of land under Colorado law. Such

authority shall include the right to compel rescis-

sion of sale, conveyance or transfer of title of

any lot or other subdivided land contrary to the

restrictions set forth on the plat or in any sepa-

rate recorded instrument. Any such action shall

be commenced prior to issuance of a building

permit by the County or otherwise prior to com-

mencement of construction on any such lot or

other subdivided land. (Section 30-28-137(3),

C.R.S.)

In addition to any other remedy provided by Col-

orado law, the Board of County Commissioners

or the purchaser of any lot or other subdivided

land shall have the authority to bring an action

for injunctive relief to enforce any plat restriction

(including all obligations contained in documents

required to be executed and recorded as part of

the final plat approval and all commitments of

record of the subdivider related to the County's

approval of the final plat), plat note, plat map or

provision of a subdivision improvements agree-

ment, and for damages arising out of failure to

adhere to any such plat restriction, plat note, plat

map or provision of a subdivision improvements

agreement pursuant to Section 30-28-137,

C.R.S.

13.07 Acceleration of Enforcement Process to

Protect Public Health, Safety and Envi-

ronment

The enforcement process set forth in this Chapter

may be accelerated if the Planning Director makes a

written finding that the public health, safety, welfare,

or the environment could be endangered by a con-

tinuing violation. After such finding is made, the

County Attorney shall take immediate action to end

the threat to the public health, safety, welfare or the

environment through, but not limited to, ex parte

restraining orders as authorized under the Colorado

Rules of Civil Procedure and/or action by local law

enforcement or public safety agencies as deemed

appropriate and necessary.