Mountain Village City Zoning Code
17.3.14 General
Easements Setbacks.
A. The majority of all lots outside the Village Center Zone District are burdened by a sixteen (16) foot general easement creating a building setback sixteen (16) feet around the perimeter of the lot.
B. For lots outside the Village Center Zone District where a general easement does not exist and lots where the general easement has been vacated, the review authority may require the establishment of a building setback as determined by the DRB at the time of review of a development application.
1. The review authority may not require a setback for such lots if the Town has established other design allowances by a recorded development agreement or other legally binding approval that establishes a different general easement setback or other setback.
C. All general easement setbacks or other setbacks shall be maintained in a natural, undisturbed state to provide buffering to surrounding land uses and to maintain the ability to conduct any of the general easement allowed uses.
D. All above- and below-grade structures or structural components (soil nailing, etc.), earth disturbance, or ground level site development such as walks, hardscape, terraces and patios shall be located outside of the general easement setback or other setbacks on each lot within the allowable building area of a lot.
E. The following development activities are permitted in the general easement setback or other setbacks subject to the applicable review process and design regulations:
1. Review authority approved accessways for direct access, including driveways, walkways, and ski trails and ski lifts for ski area access.
a. Accessway impacts to the general easement shall be minimized to the extent practical, such as a perpendicular crossing of the easement setback area.
b. Accessways shall not exceed the minimum Town standards for construction, such as the minimum width.
2. Utilities;
a. To the extent practical, all utilities shall follow a driveway alignment.
3. Address monuments;
4. Natural landscaping without any man-made materials or hardscape;
5. Fire mitigation and forestry management without substantial earthwork;
6. Construction staging provided:
a. The area proposed for such staging is devoid of naturally occurring trees or other naturally occurring vegetation; or
b. The DRB is approving disturbance in the general easement for another proposed improvement such as a driveway, utility cut, or skier access, and the area can be used for staging until the approved improvement is constructed; and
7. Other uses as provided for in the definition of general easement.
F. The DRB may waive the general easement setback or other setbacks and allow for prohibited activities provided:
1. The applicant has demonstrated that avoiding grading and disturbance in the general easement setback would create a hardship, and there is not a practicable alternative that allows for reasonable use of the lot;
2. The disturbance in the general easement setback is due to natural features of the site, such as steep slopes, wetlands and streams;
3. No unreasonable negative impacts result to the surrounding properties;
4. The general easement setback or other setback will be revegetated and landscaped in a natural state;
5. The Public Works Department has approved the permanent above-grade and below-grade improvements;
6. The applicant will enter into an encroachment agreement with the Town with the form and substance prescribed by the Town; and
7. Encroachments into the general easement setback or other setbacks are mitigated by appropriate landscaping, buffering and other measures directly related to mitigating the encroachment impacts.
G. Planning Division staff is authorized to review and approve soil disturbance, grading and structures in the general easement setback provided it finds:
1. Such activities were approved by the Town as a part of a prior approval or were found to lawfully exist;
2. The owner of the lot is simply trying to maintain or improve prior approved or lawful encroachments into the general easement setback; and/or
3. The lot owner enters into a revocable encroachment agreement with the Town if one does not exist.
H. The DRB reserves the right, at the time of design review process, to impose setbacks up to twenty (20) feet for tennis courts, swimming pools, hot tubs and other areas of active use. Noise for such uses shall be buffered from adjacent properties.
I. All buildings will be required to maintain or provide for the required building codes’ setbacks.
J. The DRB reserves the right, at the time of design review process, to impose greater setback requirements of up to ten (10) additional feet (i.e., a maximum of twenty-six (26) feet) for the protection of trees and natural rock outcroppings and other significant natural and environmentally sensitive features that are located in the general easement setback or other setbacks and to safeguard surrounding significant natural and environmentally sensitive features from the impacts of construction. If construction outside of the general easement or other setbacks will not impact trees or other significant natural and environmentally sensitive features in the area of the general easement setback or other setbacks, disturbance may be permitted by the DRB provided the disturbed area is re-landscaped.
K. When a proposed development is approved that is five (5) feet or less from the general easement setback, other setback or a lot line, the review authority approval shall include a condition that a monumented land survey shall be prepared by a Colorado public land surveyor to ensure there are no above-grade or below-grade encroachments into the general easement setback.
L. One function of the general easement is to provide for skier access to the ski area.
1. A lot owner may seek skier access to the ski area by the general easement through an intervening lot(s) only if the Town Council approves a class 5 development application for such request, and provided the following criteria are determined by the Council to be met:
a. No disturbance or snow grooming activity is proposed or shall occur in the general easement on the intervening lot(s) without the permission of the intervening lot owner(s).
b. There is adequate buffering and setback between the general easement and any existing home(s) on the intervening lot(s).
c. The owner(s) of the intervening lots are notified of the Council’s consideration of the class 5 development application following the public hearing noticing requirements’ mailing notice details, with at least 30 days notice provided prior to the Town Council meeting at which the development application will be considered.
d. The location of the access to the ski area is approved ski resort operator if there is any disturbance or snow grooming activity creating a formal entry into the ski area.
M. The review authority may not apply a general easement or setback to a subdivision, lot or development if the Town has previously established a general easement for the whole subdivision, or different setbacks, easements or other restrictions that limit development to a certain area of a lot.