Summit County Unincorporated
City Zoning Code
City Zoning Code
3400
- LAND USE REGULATIONS
3401: - General
This section regulates the establishment of land uses in each of the basic zoning districts and overlay zoning districts. Uses have been divided into seven (7) types, which are listed below and described in Section 3402:
A.
Accessory
B.
Conditional
C.
Permitted
D.
Temporary
E.
Not Allowed
F.
Non-conforming
G.
Home Occupations
3402: - Types of Uses
Figure 3-2 lists the types of land uses allowed in certain zoning districts in Summit County as provided for in this section. When there is a conflict between Figure 3-2 and the text of this Code, the more restrictive provision, as determined by the Planning Director, shall apply.
3402.01: Accessory Uses
Accessory uses are land uses, which are clearly incidental and subordinate to the primary use of a property, and cannot be established unless the primary use is also established. Accessory uses may be contained in the same structure as the primary use or in a separate structure, unless otherwise prohibited by this code. Accessory uses must be located on the same lot or on a common lot serving the primary use. Buildings and structures that contain such uses must meet the development regulations and plan review requirements established in this Code. Accessory uses are indicated in the land use matrix in Figure 3-2 by the letter "A".
Conditional uses are land uses, which have the potential to cause adverse impacts on other uses because of such factors as location, method of operation, scale or intensity of activity or traffic generated. As a consequence, they require special review in which conditions may be imposed to insure compatibility and a conditional use permit must be obtained before a conditional use is established (see Section 12300 et seq.). Conditional uses may also be denied if it is not possible to mitigate adverse impacts. Conditional uses are indicated in the land use matrix in Figure 3-2 by the letter "C".
Permitted uses are land uses allowed in a given zoning district without special review because they are considered to be compatible with the intent of the zoning district. However, the buildings or structures that contain such uses and the site development necessary for their establishment must meet the development regulations and plan review requirements established in this Code. Permitted uses are indicated in the land use matrix in Figure 3-2 by the letter "P".
Temporary uses are land uses which do not require any new permanent structures or improvements for their operation, may use existing buildings or improvements, are active only on a seasonal or short term basis and do not result in any long term impact on surrounding properties. Examples include summer stables or a Nordic ski center. Temporary uses require special review in which conditions may be imposed to ensure limited tenure and compatibility and a temporary use permit must be obtained before a temporary use is established (see Section 12400 et seq.). Temporary uses may also be denied if it is not possible to mitigate adverse impacts. Temporary uses are indicated in the land use matrix in Figure 3-2 by the letter "T".
3402.05: Uses Not Allowed; Uses Not Listed
A.
Uses Not Allowed: The land use matrix in Figure 3-2 indicates those uses not allowed in specific zoning districts by means of designation with the letters "NA". Those uses so designated as not allowed are land uses that, in consideration of the essential function and invariable impacts associated with said use, are deemed to be fundamentally incompatible with the intent of the zoning district.
B.
Uses Not Listed: Uses that are not listed in the land use matrix are not allowed in a given zoning district unless indicated otherwise using the procedure for making use determinations (see Section 3403).
3402.06: Non-conforming Lots, Uses and Structures
Non-conforming parcels, uses and structures shall comply with the applicable requirements of this Code, as set forth in Chapter 14 and elsewhere.
3403: - Use Determinations
The purpose of a use determination is to verify if a proposed use, which is not listed in the land use matrix for a given zoning district, may be established in that zoning district. The use determination procedure shall not be used as a substitute for a zoning amendment or code amendment. Uses not listed may be allowed as follows:
3403.01: Criteria for Use Determinations
A.
Permitted or Conditional: The Planning Director shall, upon written request, determine whether a use not listed in the land use matrix is to be considered a permitted or conditional use in a particular zoning district based on its similarity to the uses listed.
B.
Temporary: Uses not listed for a given zoning district may be established as temporary uses if they meet the criteria stated and obtain a permit as provided in Section 12400 et seq.
C.
Accessory: Uses not listed for a given zoning district may be established as accessory uses whenever the Planning Director determines that they are clearly incidental and subordinate to a primary use allowed in that zoning district, are associated with its operation and will not have an adverse impact on adjacent properties. In PUDs, uses that are not listed in the PUD designation may be permitted if determined by the Planning Director to be accessory to and compatible with allowed uses.
3403.02: Review of Use Determinations
A request for a use determination shall be accompanied by the following information:
A.
Written Material:
1.
Detailed description of the proposed use.
2.
Proposed location.
3.
Current zoning district at this location.
B.
Other information deemed necessary by the Planning Director (see Section 12003).
A use determination shall be made by the Planning Director, except that the Planning Director may request that the BOA make the use determination. Promptly following the decision, notice of the Planning Director's decision shall be 1) published at least once in a newspaper of general circulation; and 2) sent to the BOCC via written correspondence. The decision of the Planning Director may be appealed to the BOA within seven (7) calendar days after the decision is published in the newspaper as required above. The appeal shall be filed at the Planning Department, and be heard by the BOA using the procedures stated in Section 13200 et seq. The Planning Department may post notice of its decision on properties affected by the use determination.
3404: - Land Use Matrix
Figure 3-2 is hereby designated as the County land use matrix. The land use matrix contains a list of land uses and indicates if a given land use is allowed as a permitted, conditional, accessory or temporary use or is not allowed in most County zoning districts. However, there are specific land use allowances for antiquated zoning districts remaining in effect; as such zoning districts are provided for in Section 3305.01, and Sections 3515-3520. Figure 3-3 lists land uses allowed by zoning district and is included for information purposes only. It is the intent of this Code that Figures 3-2 and 3-3 are consistent. Where an inconsistency occurs, Figure 3-2 shall govern. It is also intended that Figures 3-2 and 3-3 be consistent with the text of this Code. Where an inconsistency occurs, the text of the regulations shall govern. Where regulations and standards for specific land uses have been established, the regulations and standards appear in Section 3800 et seq. Special restrictions on land uses in overlay zoning districts are stated in Chapter 4. If a land use is not listed in the matrix, Section 3403 establishes a procedure for determining whether a use is allowed as permitted, conditional, temporary or accessory in a given zoning district.