Summit County Unincorporated
City Zoning Code
City Zoning Code
3300
- ESTABLISHMENT OF ZONING DISTRICTS
The zoning districts established by this Code are named and described in Sections 3301 and 3302 below. The zoning districts have been divided into two categories, basic zoning districts and overlay zoning districts, both of which are considered zoning districts for the purposes of this Code. The relationship between the zoning districts established by this Code and zoning districts established under previous enactments of County Zoning Regulations is stated in Section 3305.
3301: - Basic Zoning Districts
The descriptions of each of the basic zoning districts below are intended to provide a brief summary of the intent of the district in terms of general characteristics, typical uses permitted and overall densities. These descriptions are provided for illustrative purposes only and do not represent the full range of standards and regulations applicable to each zoning district.
3301.01: A-1 (Agricultural)
It is the intent of the Agricultural Zoning District to preserve agricultural and ranching uses. The uses, densities and standards established for this zoning district are intended to protect existing agricultural character, while providing for low intensity use of natural resources, limited residential and recreational development and other compatible uses. Residential densities are limited to no more than one (1) primary dwelling unit/20 acres, unless greater densities are allowed through a rural land use subdivision (see Section 8420 et seq.). With the exception of approved rural land use subdivisions, each primary dwelling unit shall be located on a separate lot of at least 20 acres.
3301.02: CG (General Commercial)
It is the intent of the General Commercial Zoning District to provide for general retail, service and recreation-oriented commercial business intended to serve the county as a whole. Coordination and clustering of business development in centers is encouraged. Development standards and review criteria are specifically intended to discourage strip development and encourage low-scale, low-impact commercial areas. Large-scale commercial business development is not considered appropriate in the unincorporated areas of Summit County, except in areas contiguous to major ski resorts.
3301.03: CN (Neighborhood Commercial)
It is the intent of the Neighborhood Commercial Zoning District to provide for a limited range of commercial uses needed to meet the shopping needs of residents in the adjacent neighborhoods. Businesses are to be oriented to the neighborhood and compatible with surrounding residential uses.
It is the intent of the Industrial Zoning District to provide appropriate locations for light industrial uses, which are compatible with existing land uses in the County. Performance standards for industrial uses have been established to eliminate impacts beyond the boundaries of an industrial zoning district. Heavy industrial uses are not considered appropriate in the unincorporated areas of Summit County.
It is the intent of the Mining Zoning District to allow for the extraction and processing of minerals, along with customary accessory uses such as offices, caretaker unit, employee housing, stockpiling of materials, operation and storage of equipment. Residential uses shall solely be an accessory use to active mining/milling operations. It is also the intent of the M-1 Zoning District to allow conditional uses where those uses meet the criteria listed in Section 12300 et seq.
3301.06: MHP (Manufactured Home Park)
It is the intent of the Manufactured Home Park Zoning District to allow for developments where spaces are either sold or rented for the placement of manufactured homes in a park-like setting, where these homes are used as seasonal or permanent residences.
3301.07: NR-2 (Natural Resources)
It is the intent of the Natural Resources Zoning District to regulate Federal and State lands to the extent allowed by Federal and State law; to prevent unzoned land from coming under County jurisdiction as the result of conveyance from Federal or State ownership; and to allow for the continuing use of NR-2 lands for public outdoor recreation and the appropriate use of natural resources including minerals, water, wildlife, vegetation and open space in an environmentally sound manner. The provisions of this zoning district are applied to Federal and State land to the extent allowed by State and Federal law. This zoning district is applied to public lands owned by the State of Colorado and the Federal Government. When such public lands are exchanged, sold or transferred from state or Federal ownership, the NR-2 zoning designation shall remain on the property unless and until a rezoning is approved by the County.
For those Federal or State lands within this zoning district, any uses permitted or otherwise approved by the State of Colorado or the Federal Government are allowed in this zoning district. It is anticipated that some lands within this zoning district may be traded, sold or otherwise conveyed in accordance with Federal or State law to become privately owned or owned by agencies other than the State of Colorado or the Federal Government. The legal uses in existence on such lands at the time of transfer from the State of Colorado or Federal Government ownership may continue subject to the conditions in existence prior to transfer and the provisions of Section 14100 et seq. regarding nonconforming parcels, uses and structures and other applicable requirements of this Code. Nothing in this section shall guarantee or require that a request to expand or modify a nonconforming use or structure will be approved. Any such request will be considered and evaluated based on the use specific standards and review criteria contained in this Code. Expansions or changes to non-conforming uses or structures shall first require rezoning to a new zone district, unless a finding is made that the expansion or change is minor in nature; and may require a master plan amendment.
Nothing in this section shall guarantee or require that a zoning amendment to any specific zoning classification will be approved. A zoning amendment will be considered and evaluated based on the provisions and criteria for a zoning amendment contained in Chapter 12 of this Code.
3301.08: PUD (Planned Unit Development)
It is the intent of the PUD Zoning District to encourage innovation and flexibility in planning the development of land so that development is compatible with the site's physical and environmental characteristics and makes more beneficial use of open space and the site's natural assets. The PUD Zoning District provides an opportunity for the development of a mixture of uses and housing types in a coordinated manner. New residential zoning at any density exceeding six (6) dwelling units/acre shall necessitate approval of a PUD Zoning District.
3301.09: RU (Rural Residential)
It is the intent of the Rural Residential Zoning District to maintain the rural character of outlying areas while providing the opportunity for low-density residential development. Permitted residential densities range from one (1) primary dwelling unit/five (5) acres to one (1) primary dwelling unit/less than 20 acres. Each primary dwelling unit shall be located on a separate lot of at least five (5) acres.
It is the intent of the Rural Estate Zoning District to provide for low-density residential areas as a transition between established urban growth centers and the rural areas of the County. Permitted residential densities range from one (1) primary dwelling unit/two (2) acres to one (1) primary dwelling unit/less than five (5) acres. Each primary dwelling unit shall be located on a separate lot of at least two (2) acres.
3301.11: R-1 (Single-family Residential)
It is the intent of the R-1 Zoning District to provide for single-family residential neighborhoods at a density of no more than one (1) primary dwelling unit/acre, with no more than one (1) primary dwelling unit per lot. Land in this zoning district is usually located adjacent to established urban growth centers. One (1) acre lots are the minimum size on which onsite wastewater treatment is allowed.
3301.12: R-2 (Single-family Residential)
It is the intent of the R-2 Zoning District to provide for single-family residential neighborhoods at a density of no more than two (2) dwelling units/acre, with no more than one (1) dwelling unit per lot. Land in this zoning district is usually located adjacent to established urban growth centers and shall have access to central wastewater treatment systems.
3301.13: R-3 (Single-family Residential)
It is the intent of the R-3 Zoning District to provide for single-family residential neighborhoods at a density of no more than three (3) dwelling units/acre with no more than one (1) dwelling unit per lot. Land in this district shall be located within or adjacent to established urban growth centers where utilities, central water and wastewater treatment services and other necessary services are readily available.
3301.14: R-4 (Single-family Residential)
It is the intent of the R-4 Zoning District to provide for single-family residential neighborhoods at a density of no more than four (4) dwelling units/acre, with no more than one (1) dwelling unit per lot. Land in this zoning district shall be located within or adjacent to established urban growth centers where utilities, central water and wastewater treatment services and other necessary services are readily available.
3301.15: R-6 (Single-family/Duplex Residential)
It is the intent of the R-6 Zoning District to provide for residential neighborhoods having a mixture of both single-family and duplex dwelling units at a density of no more than six (6) units/acre, with no more than two (2) dwelling units per lot. Land in this zoning district shall be located within or adjacent to established urban growth centers where utilities, central water and wastewater treatment services and other necessary services are readily available.
3301.16: RC-40000 (Rural Community)
It is the intent of the RC-40000 Zoning District to provide for single-family residential neighborhoods at a density of one (1) unit per acre, with no more than one (1) dwelling unit per lot. Recreational vehicles may be placed on the lots and used as seasonal residences under certain conditions in accordance with the provisions set forth in Section 3819 and if approved under a Class 2 Conditional Use Permit in accordance with the provisions set forth in Section 12300. This zoning district shall only be used for residential neighborhoods in rural unincorporated communities that have a recreational orientation.
The purpose and intent of the BC Zoning District is to retain the relatively undeveloped character of backcountry areas in the County while allowing for very low-impact development, consistent with the type of development that historically occurred in the area. Backcountry areas can loosely be defined as more remote areas typified by lack of maintained and improved roads, little or no utilities or infrastructure and very limited or sparse development. Characteristics that may be present include sensitive environmental areas (i.e. wetlands, steep slopes, sub-alpine forest or tundra), historic mining remnants, high ridges and alpine peaks and areas that provide scenic views. Development in many of these areas can be difficult due to limited access, steep terrain and other site constraints. The BC Zoning District is intended to provide for development patterns, intensity, scale and impact that are harmonious with the characteristics and constraints in backcountry areas. Specific standards for uses in the BC Zoning District are listed in Section 3514 et seq.
The intent of the Open Space Zoning District is to protect and preserve lands in a predominantly undeveloped state while providing one (1) or more of the following community benefits: extensions to existing undeveloped open space lands; buffers to developed areas; view corridors; access to trails, trailheads, water bodies or National Forest areas; passive recreation uses including trails; unique ecological habitats and historic sites.
3302: - Overlay Zoning Districts
Overlay zoning districts are zoning districts that are superimposed over the basic zoning districts described above. The County has established overlay zoning districts to address development constraints which require special attention and treatment regardless of the underlying land use allowed by the County's Zoning Regulations. Overlay zoning districts are intended to alert developers to issues they need to address in preparing an application for development. Regulations have been established for each overlay zoning district that specify what additional information is needed at the time of submittal and what special development standards must be met by development within the overlay zoning district. The regulations for overlay zoning districts shall be regarded as supplementary to the regulations of any underlying basic zoning district. When the regulations of the overlay zoning district and the basic zoning district conflict, the more restrictive provision shall apply. Regulations for the overlay zoning districts are found in Chapter 4. Zoning districts which have been established include the floodplain overlay district and the wildlife habitat overlay district.
3302.01: Floodplain Overlay District
The Floodplain Overlay Zoning District includes lands subject to inundation as a result of a 100-year flood, i.e. a flood having a one percent (1%) chance of being equaled or exceeded in any given year. Regulations which apply to the Floodplain Overlay Zoning District are stated in Section 4100 et seq.
3302.02: Wildlife Habitat Overlay District
The Wildlife Habitat Overlay Zoning District includes all wildlife habitats within the county as defined on the Official Wildlife Overlay Zoning District Map adopted pursuant to Section 4203.01, and establishes a review procedure to identify impacts and to encourage mitigation of impacts. Regulations which apply to the Wildlife Habitat Overlay Zoning District are stated in Section 4200 et seq.
3303: - Zoning District Maps
A.
The boundaries of the basic zoning districts and overlay zoning districts are depicted on maps marked as Official Zoning Maps of Summit County and are included as part of this Code by this reference. Such maps shall carry the signature of the Chairman of the BOCC in office at the time of adoption.
B.
No change shall be made in the Official Zoning Maps without adoption of a resolution by the BOCC authorizing the change. The resolution shall be accompanied by a map illustrating how any Official Zoning Map is to be changed, and this map shall be signed by the Chairman of the BOCC if the change is approved. Changes to the Official Zoning Maps shall be made promptly after the date of approval by the BOCC. The date of revision, the nature of the change and the BOCC resolution number approving the change shall be noted on the map. Copies of the official zoning maps shall be filed in the Office of the Clerk and Recorder, the Planning Department and such other places as designated by the BOCC.
C.
The zoning map is intended to illustrate the effective zoning designation upon all properties in unincorporated Summit County, based upon all information available to the Planning Department at the time of adoption of such map. Unless otherwise stated in the BOCC resolution approving the zoning map change, changes to the map do not constitute a rezoning of any specific property.
D.
In the event of a mapping error occurring in an adopted zoning map, such errors to the zoning district maps may be corrected by means of a zoning map amendment, as set forth in Chapter 12 of this Code, and such errors shall have no bearing on the proper zoning designation for any affected property.
3304: - Interpretation of District Boundaries
Unless otherwise defined on the Official Zoning Maps, district lines are property lines; the center lines of roads, streets, alleys or such lines extended; section lines; city limit lines; center lines of streambeds, ridge lines or other natural topographic features; or other lines drawn to scale on the Official Zoning Maps. In situations where a zoning district boundary is in dispute, the Board of Adjustment ("BOA") is authorized by State statute to interpret the boundary location from the Official Zoning Maps.
3305: - Zoning Districts Established Under Prior Code Enactments
Certain zoning districts that were established by County zoning regulations in effect prior to the 1988 reenactment of this Code have been retained in subsequent versions of this Code under various limitations as established in this Section. Such preexisting zoning districts have been retained as either Antiquated Zoning Districts or Modified Zoning Districts, as provided below.
3305.01: Antiquated Zoning Districts Remaining in Effect
The regulations for zoning districts listed in this section shall remain in effect as stated in Section 3500 of this Code. Any property contained within an Antiquated Zoning District shall be governed by such regulations, subject to the provisions of Section 3305.03, unless such zoning designation is later repealed or amended by the BOCC. Property in the County cannot be rezoned by a zoning amendment to an Antiquated Zoning District, but must instead be rezoned to one of the zoning districts listed in Section 3301. Antiquated Zoning Districts include: 1) RME (Residential Mountain Estates); 2) R-2, R-4 and R-6 with plans [Where an R-2, R-4, or R-6 Zoning District has been adopted with a plan for the distribution of densities, or for modifications to minimum lot sizes, lot widths or setbacks, the adopted plan shall remain in effect.]; 3) SU-1 (Special Use); 4) R-P (Residential with Plan); 5) B-1 (Highway Business); 6) B-3 (Business); 7) R-25 (High Density); and 8) RC-5000.
3305.02: Modified Zoning Districts
The regulations for the zoning districts listed in this section have been modified by the 1988 and subsequent reenactments of this Code and shall remain in effect as modified ("Modified Zoning Districts"). Property in the County may be rezoned by a zoning amendment to a Modified Zoning District. Modified Zoning Districts include but are not limited to: 1) A-1 (Agricultural); 2) I-1 (Industrial); 3) M-1; (Mining); 4) R-M [Land zoned R-M shall comply with the same Zoning Regulations as land zoned MHP (Manufactured Housing Park)]; 5) R-1 (Residential); 6) R-2 (Residential); 7) R-4 (Residential); 8) R-6 (Residential); and, 9) PUD (Planned Unit Development). Land included in a Modified Zoning District shall be governed by the regulations for such zoning district as set forth in this Code. Where a PUD zoning district was approved prior to the 1988 reenactment of this Code, the PUD approval or designation in effect as of such date shall remain in effect unless amended, provided, however, such PUD shall be subject to the provisions of this Code as provided in Sections 3505.01 and 12200.02.C.
3305.03: Relationship of Regulations for Antiquated Zoning Districts Remaining in Effect and Modified Zoning Districts to the Regulations of this Code
Where the regulations for an Antiquated Zoning District or Modified Zoning District do not address a provision listed in this Code, the provisions contained within this Code shall be applied as determined by the applicable Review Authority acting on the development application. In applying this Code's standards, the Review Authority shall consider the type of use, intensity of use, the type of structure and other characteristics of the proposed development to identify the standards covered by this Code that are closest in comparison to the situation, and shall use such regulations that apply to that situation.