3801.01:   Zoning Districts Where Permitted

Community Gardens are permitted in zoning districts with a Class 2 site plan review as designated in Figure 3-2. Community Gardens may be allowed in designated open space areas which are bordered by more developed areas if covenants, easements, or any other encumbrances do not prohibit such use and if the addition of any structures does not exceed the maximum impervious area allowed on that property or within the subdivision as a whole, whichever is applicable.

3801.02:   Types of Community Gardens

Community gardens shall be categorized as follows:

A.

Local Neighborhood Community Gardens on Private Property: These community gardens are located on private property and are intended to serve the surrounding neighborhood(s). Retail sales from these gardens are prohibited.

B.

Community Gardens on Public Property: These community gardens are located on publicly owned property and are intended to serve the surrounding neighborhoods as well as the broader community.

C.

Community Gardens with Retail Sales: These community gardens are located either on public or private property, are intended to serve the surrounding neighborhoods and broader community, and offer the produce grown on site for retail sale from the property. Fifty percent (50%) of the products sold, based upon either gross annual sales or annual volume, must be grown on site. The remaining 50% of the products sold may be produce grown off site. One hundred percent (100%) of all products sold shall be food and contribute to increasing the supply of and access to fresh food in the community.

3801.03:   Setbacks and Easements

All community gardens are subject to the following setback requirements:

A.

All structures shall comply with setbacks in accordance with Section 3505.14 of the Code, including but not limited to greenhouses and sheds.

B.

Compost piles or bins shall meet all setback requirements and shall be located a minimum of 15 feet from any property line.

C.

Community gardens and related structures shall not be located in any easement unless expressly approved by the grantee of the easement.

3801.04:   Sale of Produce from Community Gardens with Retail Sales

Produce may be sold from a community garden subject to the following provisions:

A.

A Class 2 Site Plan with public notice as required by Section 12000.10.B is required for Community Gardens on Public Property and Community Gardens with Retail Sales as defined above in Section 3801.02 in all zoning districts.

B.

Operators of Community Gardens with Retail Sales shall not be for-profit or commercial entities. All proceeds from the sale of produce shall be directed first to facilitate improvements to or the operation of the community garden and any excess may be directed to facilitate other community benefits.

C.

Adequate parking shall be provided on site and shall meet the standards for "Low Intensity Retail" as set forth in Figure 3-7. However, in determining the number of spaces, it shall be based upon the required number per 1,000 square feet of garden rather than floor area. Parking in the Right-of-Way is prohibited.

D.

Sales from the property may only occur during growing season and shall not exceed 180 days per year.

E.

Produce Stands may not exceed 120 square feet of floor area and must meet all setback requirements for the property.

F.

For Community Gardens with Retail Sales, the area used to sell produce may not exceed 500 square feet.

3801.05:   Property Maintenance

All community gardens shall be maintained in an orderly and neat condition and shall not cause visual clutter. No trash or debris shall be stored or allowed to remain on the property. Tools and supplies shall be stored indoors or removed from the property daily. Vegetative material, compost, additional soil, and other bulk supplies shall be stored in an orderly manner in the rear of the property and shall not create a negative visual impact or offensive odors. The community garden shall be designed and maintained to prevent any chemical pesticide, fertilizer or other garden waste from draining off the property. Pesticides and fertilizers may only be stored on the property in a locked building and must comply with any other applicable requirements for hazardous materials. Only equipment used in a typical residential garden may be utilized except during the initial construction of the community garden and related structures. During winter months, when community gardens are not in use, all materials, equipment, and supplies shall be stored in an enclosed building or off of the property or shall be screened from public view in accordance with the non-residential outdoor storage regulations set forth in Section 3815 et seq.

3801.06:   Management Plan

Each community garden shall have a management plan that addresses any probable impacts of the use and includes any proposed mitigation measures. The plan shall include, without limitation:

A.

A designated community garden coordinator.

B.

Documentation of liability insurance or other insurance as determined by the County to be appropriate.

C.

A site plan drawn to scale, including but not limited to the location of the garden area, any structures associated with the garden, produce stands and produce sales areas, animal keeping facilities, a parking area, and the location of fences.

D.

Description of the type of equipment necessary or intended for use in each season and the frequency and duration of the anticipated use.

E.

Disclosure of any intent to spray or otherwise apply agricultural chemicals or pesticides, frequency and duration of the application, and the plants, diseases, pests, or other purposes they are intended for.

F.

Proposed sediment and erosion control plan to ensure that water and fertilizer will not drain onto adjacent property.

G.

Water supply plan including the source of adequate water rights or proof of secured taps.

H.

Impacts of irrigation run-off on adjacent properties, water bodies, and environmentally sensitive areas, and proposed sediment and erosion control measures.

I.

A traffic and parking plan showing a designated parking area and the anticipated number of cars per day.

J.

If beekeeping is a part of the community garden, the management plan shall include the parties responsible and their roles in the beekeeping activities.

3801.07:   Hours of Operation and Noise Limitations

Activities at a community garden shall not take place before sunrise or after sunset. All community gardens are subject to the noise limitations as set forth in C.R.S. § 25-12-101 et seq. and in accordance with the most similar zone for the location of the community garden.

3801.08:   Signs

Upon approval of a sign permit, in accordance with Chapter 9, each community garden is permitted one sixteen square foot sign displaying the name of the community garden. Art work depicting food, flowers, or other agriculturally related products is not considered signage but shall not cause visual clutter.

3801.09:   Abandonment of Community Garden Use

If a community garden use is discontinued for three consecutive seasons, then all structures shall be removed from the site and the site shall be revegetated with native grasses and returned to a natural state.

3802.01:   Types of Animals Permitted

A.

Domesticated Species (Regulated): The following types of domesticated animals may be kept in the unincorporated area of Summit County subject to the limitations on numbers of animals stated in Section 3802.02 and in Figure 3-8:

1.

Cats

2.

Cattle

3.

Dogs

4.

Equines

5.

Goats

6.

Llamas

7.

Poultry

8.

Sheep

9.

Swine

10.

Chickens

11.

Goats

12.

Bees

B.

Domesticated Species (Unregulated): The keeping of small-sized animals under 15 pounds, other than the types of animals listed in 3802.01.A. where it is customary to keep such animals as pets and they are not being raised for commercial purposes, is not regulated by this section. Examples include guinea pigs, hamsters, rabbits, parakeets and tropical fish.

C.

Wildlife Species: Keeping of wildlife species in the unincorporated area of the county shall comply with the provisions of this Code. (Under State statutes, the keeping in captivity of wild vertebrates, mollusks and crustaceans native to Colorado, or any wild species introduced or released in Colorado by CPW is prohibited except with permission of CPW. Failure to comply with State statutes shall not constitute a violation of this Code.

1.

Nursing Sick or Injured Wildlife: People proposing to provide nursing care to sick or injured wildlife prior to returning them to the wild shall first obtain a license from CPW. Rehabilitation of wildlife is permitted on parcels of thirty-five (35) or more acres in the A-1 Zoning District and is allowed with the approval of a conditional use permit per Section 12300 et seq. following the Class 4 development review process outlined in Section 12000 et seq. on parcels of less than 35 acres in the A-1 Zoning District.

2.

Wild Game Ranches: Persons proposing to raise wildlife species for commercial purposes shall first obtain a license from CPW. Wild game ranches are permitted on parcels of thirty (35) or more acres in the A-1 Zoning District. Only herbivorous species are permitted to be raised on wild game ranches.

D.

Exotic Species: The keeping of wild animal species not native to Colorado (i.e. exotic animals) is prohibited in Summit County, except for circus animals where the owner or operator of the circus has obtained an exhibitor's license from the United States Department of Agriculture ("USDA") and has obtained approval of a temporary use permit from the Planning Commission. (Under State statutes, the release of an exotic animal into the wild without a letter of authority from CPW is prohibited. If an exotic animal escapes into the wild, the owner of the animal is required by State regulations to report the escape within four (4) hours to CPW and to local law enforcement authorities. CPW is responsible for recapturing, or if necessary destroying, or requiring the animal's owner to either recapture or destroy, any exotic animal which is a threat to native wildlife species. Failure to comply with State statutes shall not constitute a violation of this Code).

3802.02:   Zoning Districts Where Animals Allowed; Numbers Allowed

A.

Dogs and Cats:

1.

A-1 Zoning District: The number of dogs and cats kept as pets on parcels of 35 or more acres in the A-1 and BC zoning districts is not regulated. Figure 3-8 indicates the number of dogs and cats permitted on parcels of less than 35 acres but not less than 20 acres in these districts. On parcels of less than 20 acres in the A-1 and BC zoning districts, the numbers of dogs or cats allowed to be kept as pets shall comply with the number permitted in the residential zoning district which allows parcel sizes comparable to the size of the parcel in the A-1 or BC zoning districts. The operation of breeding or boarding kennels in the A-1 Zoning District requires approval of a conditional use permit by the Planning Commission per Section 12300 et seq. following the Class 4 development review process outlined in Section 12000 et seq. (see definition of kennel in Chapter 15).

2.

PUD Zoning Districts: The keeping of dogs and cats in PUDs shall be regulated by the County adopted PUD designation for the particular PUD. If an adopted PUD designation includes residential development and contains no regulations of the keeping of dogs and cats, the regulations contained in Figure 3-8 for the residential densities which approximate the densities allowed in the PUD shall apply. The determination as to what limits apply in PUDs without specified limits shall be made by the Planning Director. The keeping of animals in nonresidential areas of a PUD is prohibited unless the adopted PUD designation specifies that they are permitted.

3.

Zoning Districts Other Than A-1, BC, and PUD: Figure 3-8 indicates, for each County zoning district other than the PUD zoning district, the maximum number of cats and dogs which may be kept as a permitted use and with approval of a conditional use permit per Section 12300 et seq. by the Planning Department per the Class 2 development review process outlined in Section 12000 et seq. Criteria for the review of conditional use permits for animal keeping are also contained in Section 3802.05. When a zoning district is not listed in Figure 3-8, the Planning Director shall determine the number of dogs and cats permitted in such a zoning district based on the similarities to other zoning districts listed in Figure 3-8, such as, but not limited to, lot size.

B.

Livestock:

Livestock shall include cattle, equines, goats (except for miniature, dwarf, and pygmy), llamas, poultry, sheep and swine. Chickens are not regulated as poultry, except in the A-1 Zoning District, and instead regulations for such use are listed in Section C. below and Figure 3-8. Regulations pertaining to miniature, dwarf, and pygmy goats are listed in Section D below and Figure 3-8. Livestock may be kept in the A-1, BC, RU, RE, RME, R-1, PUD, and R-P zoning districts subject to the following limitations:

1.

A-1, BC, RU, RE, RME and R-1: For the A-1, BC, RU, RME, RE and R-1 zoning districts, Figure 3-8 states the maximum number of livestock animals which may be kept as a permitted use, and with the approval of a conditional use permit per the Class 2 development review process outlined in Section 12000 et seq. by the Planning Department. Criteria for the review of conditional use permits for animal keeping are also contained in Section 3802.05. The limit on numbers of livestock animals applies to the operation of boarding, community, and stables or barns where such stables are a permitted use. Parcels of 35 or more acres in the A-1 Zoning District are exempt from regulation on numbers of livestock animals allowed, except for uses involving the keeping of animals such as animal clinics, animal feedlots or sales yards or fur farms which are listed as conditional uses in Figure 3-2. On parcels of less than 20 acres in the A-1 Zoning District, the number of livestock animals permitted shall comply with the number allowed for the residential zoning district having parcel sizes comparable to the size of the parcel in the A-1 Zoning District, and provided a Nonconforming Parcel Plan Review has been approved for the property which authorizes the number of animals determined by this section.

2.

PUD: The keeping of livestock may be permitted in a particular PUD if allowed by the County adopted PUD designation. The keeping of livestock is prohibited where the PUD designation contains no allowance for this use.

3.

R-P: In R-P Zoning Districts where the individual lot size is 80,000 square feet or greater, the keeping of livestock animals shall be permitted in individual lots in accordance with the ratios established for the residential zoning district having a comparable lot size in Sections B.1, B.2, of Figure 3-8. In R-P Zoning Districts where the individual lot size is 40,000 to 80,000 square feet, the keeping of livestock animals is subject to approval of a conditional use permit by the Planning Department per the Class 2 development review process outlined in Section 12000 et seq. The number of livestock animals to be allowed in individual lots shall be in accordance with the ratios established for the R-1 Zoning District in Section B.2 and of Figure 3-8.

a.

In R-P Zoning Districts having individual lots of 40,000 or more square feet, where the property subject to the R-P Plan includes common open space, in addition to the allowance for the keeping of livestock animals on individual lots, the keeping of livestock animals in a common animal keeping facility may be allowed as provided in Section 3802.03.

b.

In R-P Zoning Districts where the individual lot size is less than 40,000 square feet, the keeping of livestock animals on individual lots is not permitted, however, the keeping of livestock animals may be allowed in a common animal keeping facility in accordance with Section 3802.03.

C.

Chickens: The definition of "Chickens" includes chicken hens and roosters of any age and is further defined in Chapter 15. See Section C.2 below for additional limitations on roosters. Chickens are permitted in the A-1, BC, B-3, PUD, RU, RE, RME, R1, R2, R3, R4, R6, R25, RC-40,000, and RC-5,000 Zoning Districts subject to the following limitations:

1.

Number of Animals Permitted:

a.

Figure 3-8 sets forth the maximum number of chickens which may be kept as a permitted use for each zoning district, so long as they are kept in accordance with the applicable regulations below. Criteria for review of conditional use permits for animal keeping are also contained in Section 3802.05.

b.

In a PUD, the keeping of chicken hens is a permitted use unless the PUD specifically prohibits the use. The number of chickens permitted shall be based on the terms of the PUD, or, if not addressed in the PUD, the number allowed in the most closely related zoning district.

c.

For multi-family developments, chickens may be kept on private property and in the common area of the development subject to review and approval of a Class 2 site plan. A maximum of two chicken hens per family is permitted and up to a maximum of twelve chicken hens per project. Additional chickens may be allowed in a multi-family project if approved by the Class 2 CUP process. The application shall include:

i.

Written authorization from the Homeowner's Association.

ii.

A plan for managing and maintaining the chicken facility.

iii.

The name, address, and phone number for all persons or families intent on raising chickens in the common chicken facility.

iv.

Documentation of adequate water rights.

2.

Prohibited Animals: Roosters are prohibited on any parcel less than 80,000 square feet and are prohibited in the B-3, R1, R2, R3, R4, R6, R25, RC-40,000 and RC-5,000 zoning districts regardless of parcel size.

3.

Setbacks:

a.

There are no setback requirements for chicken facilities on Parcels zoned A-1 over 20 acres.

b.

Chickens shall only be kept in the rear yard of a property unless otherwise approved through a Class 2 Site Plan review.

c.

Chicken coops shall meet all property line setback requirements set forth per the applicable zoning districts, except that all coops shall be located at least 15 feet from any property line (e.g. in the R6 Zoning District, the side setback is 7.5 feet, but the coop must be located at least 15 feet from this property line). Fenced areas for chickens may be located in the setbacks.

d.

Compost bins containing poultry manure shall be located in the rear of the property, are not permitted in setbacks and must be a minimum of 15 feet from any property line.

4.

Chicken Coops and Runs:

a.

All chickens must be provided with a covered, predator-resistant chicken coop that is constructed with a solid top, properly ventilated, designed to be easily accessed, cleaned and maintained. The chickens shall be further protected from predators by being enclosed in the coop from dusk until dawn.

b.

The chicken coop shall be well-constructed with natural or naturally appearing materials.

c.

Chicken Facilities, which include the chicken coop, runs, food storage areas, and other enclosures designated for the keeping of chickens, shall be regularly maintained to control dust, odor, and waste and in a manner that does not constitute a nuisance, safety or health hazard to adjacent properties. All waste materials shall be properly disposed of and not allowed to accumulate on the property.

d.

The coop shall provide a minimum of 4 square feet per chicken. The coop shall not exceed 10 feet in height. A building permit for a coop over 120 square feet is required.

e.

Chicken runs are allowed in the rear of the property, but the area must be fenced to contain the chickens on the intended property.

f.

All chicken feed must be kept in an airtight, rodent and wildlife proof container.

5.

Slaughtering of Chickens:

a.

The slaughtering of chickens is permitted outside of the public view.

6.

Sale of Chickens and Eggs:

a.

In the B-3, R1, R2, R3, R4, R6, R25, RC-40,000 and RC-5,000 Zoning Districts, the commercial sale of chickens or eggs is prohibited, except in a retail establishment in the B-3 Zoning District. On properties of 80,000 square feet or more in the A-1, BC, RU, RE, RME Zoning Districts, eggs produced by chickens may be sold off-site (i.e. at a farmer's market, local markets, etc.). The on-site commercial sale of chickens is only allowed on parcels zoned A-1, and that are a minimum of 20 acres, in accordance with approved agricultural operations.

b.

Any commercial sale of chickens or eggs must be with the approval of the Public Health Department.

D.

Goats

1.

Maximum Number Allowed: The maximum number of goats permitted in each zoning district is set forth in Figure 3-8. The following provisions provide further clarification regarding the maximum number of goats allowed.

a.

On all lots where goats are permitted, the lot size must be a minimum of 40,000 square feet.

b.

In the A-1, BC, RU, RE, and RME Zoning Districts, the number of goats permitted shall be based on the number of Livestock allowed per parcel size. The type and gender of goats, as well as intact male goats, are not regulated in these Zoning Districts.

c.

In the PUD (on lots a minimum of 40,000 square feet in size), R1, and RC-40000 Zoning Districts, only female and altered male miniature goats are allowed (i.e. the types of goats commonly known as Pygmy, Dwarf, and Miniature goats). A minimum of two goats and a maximum of three goats are permitted per property not including nursing kidlets belonging to does on the property, until weaned or up to 16 weeks maximum age per lot or contiguous lot under common ownership.

2.

Shelter and Fenced Areas:

a.

Shelter and fenced areas for goats are not regulated in the A-1 Zoning District.

b.

In the PUD, R1, and RC-40000 Zoning Districts, a minimum of 15 square feet of sheltered area per goat and 200 square feet of fenced outdoor area per goat is required. Shelters shall be a fully enclosed, well ventilated and constructed with durable materials and shall meet the setbacks of the underlying zoning designation. Enclosures and shelters shall be kept in a neat and sanitary condition at all times and must be cleaned on a regular basis to prevent the attraction of pests and offensive odors. Enclosures, including shelters, shall be located in the rear yard.

c.

Fence height shall be a minimum of four feet.

3.

Additional Provisions:

a.

Feed shall be kept in a bear and rodent proof container if located outdoors.

b.

No slaughtering of animals is allowed on any property except in the A-1 Zoning District.

c.

Except in the A-1, RU, RE, and RME Zoning Districts, goats and products derived from goat's milk may not be used for commercial purposes.

E.

Beekeeping:

1.

Definitions:

a.

Apiary: a place where one or more beehives are kept.

b.

Bee: the adult stage of a common domestic honey bee, apis mellifera species.

c.

Beekeeper: any person who owns or maintains a bee colony.

d.

Colony: a hive and its equipment and appurtenances, including bees, comb, honey, pollen, and brood.

e.

Hive: a structure intended for the housing of one bee colony. A hive, including the attached honey supers, shall not exceed 12 cubic feet in size.

2.

Maximum Number of Colonies: Beekeeping is allowed as an accessory use in all zoning districts where the primary residential use has been established.

a.

In all Zoning Districts, the maximum number of colonies is based on the size of the lot as follows:

i.

On lots one-quarter (¼) acre or less, two colonies are permitted.

ii.

On lots more than one-quarter (¼) acre but less than one-half (½) acre, four colonies are permitted.

iii.

On lots one-half (½) acre or more, but less than one (1) acre, six colonies are permitted.

iv.

On lots one (1) acre or larger, eight colonies are permitted.

v.

On lots greater than one acre, where all hives are situated at least two hundred (200) feet in any direction from all property lines on the lot which the apiary is located, there shall be no limit to the number of colonies.

b.

Community Gardens: Beekeeping shall be allowed in all classifications of community gardens in accordance with this Section and provided that there is a management plan indicting the responsible parties and their roles in the beekeeping activities.

c.

For each two colonies authorized under the maximum number of colonies allowed, one nucleus colony in a hive may be maintained upon the same lot. The hive structure may not exceed one standard nine and five-eighths (9 5/8) inch depth ten frame hive body with no supers attached as required from time to time for management of swarms. Each such nucleus colony shall be disposed of or combined with an authorized colony within forty-five days after the date it is acquired.

3.

Hives: All bee colonies shall be kept in hives with removable combs, which shall be maintained in a sound and usable condition.

4.

Protection of Hives from Bears and other Wildlife:

a.

All hives shall be protected by an electric fence or ratchet straps in accordance with the following provisions:

i.

Fences should be solar charged or 110 volt electric fencing.

ii.

Electric fences must be well grounded, sufficiently charged at all times, and maintained on a regular basis. Maintenance includes clipping or applying herbicide to vegetation growing under the fence and ground mat, recharging the battery, and checking wire voltage with a voltmeter.

iii.

Wire strands on a permanent electric fence should be no more than 8 inches apart, and no more than 12 inches apart on a temporary electric fence. For both permanent and temporary electric fences, the bottom wire should be no more than 8 inches above the ground. The top wire does not need to be more than 3½ feet high.

iv.

Hives should be located at least 3 feet from the electric fence.

5.

Setbacks: All hives shall be located at least five (5) feet from any adjoining property with the back of the hive facing the nearest adjoining property.

6.

Fencing of Flyways: Where a colony is located within twenty-five feet of a developed public or private property line, as measured from the nearest point on the hive to the property line, the beekeeper shall establish and maintain a flyway barrier at least six feet in height consisting of a solid wall or fence, which may be vegetative, parallel to the property line and extending ten feet beyond the colony in each direction so that all bees are forced to fly at an elevation of at least six feet above ground level over the property lines in the vicinity of the apiary.

7.

Water: Each property owner or beekeeper shall ensure that a convenient source of water is available at all times.

8.

Maintenance: Each property owner or beekeeper shall ensure that no bee comb or other materials that might encourage robbing are left upon the grounds of the apiary site. Upon their removal from the hive, all such materials shall promptly be disposed of in a sealed container or placed within a building or other bee-proof enclosure.

9.

Aggressive Colony: In any instance in which a colony exhibits unusually aggressive characteristics by stinging or attempting to sting without due provocation or exhibits an unusual disposition towards swarming, it shall be the duty of the beekeeper to relocate the colony.

10.

Prohibited: The keeping of bee colonies not in strict compliance with this section is prohibited. Any bee colony not residing in a hive structure intended for beekeeping, or any swarm of bees, or any colony residing in a standard or homemade hive which, by virtue of its condition, has obviously been abandoned by the beekeeper, is unlawful and may be subject to zoning enforcement action, including removal, as set forth in Chapter 14.

3802.03:   Common Animal Keeping Facilities

A.

Allowance for Common Facilities: Where a residential subdivision is located in a zoning district where the keeping of livestock is permitted and the subdivision includes common open space, the property owners in the subdivision may propose a common pasture, stable or barn to be located in the common area. In order for a common animal keeping facility to be established, the amount of land within the boundaries of the subdivision, excluding rights-of-way and easements prohibiting the surface use of the land, when divided by the number of residential units permitted, must equal or exceed 40,000 square feet per unit. A common animal keeping facility shall not be used for the keeping of poultry. Establishing a common animal keeping facility requires approval of a conditional use permit per Section 12300 et seq. by the Planning Commission per the Class 4 development review process outlined in Sections 12000 et seq. regardless of the number of animals proposed. The number of livestock animals allowed to be kept in the common facility shall be established in the permit and shall be determined in accordance with Section 3802.03.B.

B.

Number of Animals Permitted:

1.

Lots Less than 40,000 Square Feet:

a.

Where the lots allowing residential development are less than 40,000 square feet in size, the keeping of livestock animals shall be limited to the common area and shall not be permitted on individual residential lots. The number of livestock animals permitted to be kept in the common area shall not exceed the number allowed by B.2 in Figure 3-8 using the acreage in the common area that would be fenced for use by the livestock.

b.

The Planning Commission may determine that the number of livestock animals to be kept in the common area must be further reduced if necessary to avoid adverse impacts on adjacent properties. The actual number allowed to be kept in the common area shall be stated in the conditional use permit approving the common animal keeping facility.

2.

Lots of 40,000 or More Square Feet: Where the lots allowing residential development are 40,000 or more square feet in size, the keeping of livestock animals on individual residential lots is permitted if in accordance with this section and Figure 3-8. If a conditional use permit for a common animal keeping facility is approved such that a facility is established in the common area, livestock animals may be kept either on individual residential lots or in the common animal keeping facility provided the number of livestock animals which could be kept in the subdivision if the ratios in B.2 of Figure 3-8 were applied to the residential lots in the subdivision is not exceeded.

C.

Application Requirements: Property owners proposing a common animal keeping facility shall submit the following information as part of any application for a conditional use permit for such facility, in addition to usual submittal requirements per the Class 4 development review process outlined in Section 12000 et seq.:

1.

Written material.

a.

Names of all property owners participating in the application.

b.

Names of all property owners in the subdivision.

c.

Proposed maintenance and operations plan for a common animal keeping facility, including applicable provisions from the property owner's association articles of incorporation, bylaws, and covenants, conditions and restrictions.

d.

Evidence of approval from the property owners association for use of the common area for a common animal keeping facility.

2.

Graphic material.

a.

Map showing the location of and acreage of the lots in the subdivision.

b.

Map showing the location of and acreage of the common area to be used for common animal keeping facility.

c.

Site plan showing the layout of common animal keeping facility including fence lines.

d.

Floor plans and elevations of any structures proposed to be used in the common animal keeping facility.

D.

Criteria to Be Met: The following criteria shall be met in establishing common animal keeping facilities.

1.

The common open space to be used for the common animal keeping facility shall be under the ownership and management of a property owners association having the authority to conduct maintenance and operation of the facility. The property owners association shall have responsibility for insuring that the condition of the common animal keeping facility is in compliance with Section 3802.04 and any requirements imposed as a condition of permit approval.

2.

The common animal keeping facility shall be for private and not for commercial purposes. The allowance for such facilities shall not result in the establishment of a boarding or commercial stable.

3.

The property owners association shall be responsible for determining which property owners may put livestock animals in the common animal keeping facility.

3802.04:   Conditions Under Which Animals Shall Be Kept

A.

Keeping of Livestock in Fenced Area: Persons keeping livestock shall provide a fenced area to contain the animals, except where such livestock is being kept on parcels of 35 acres or greater in the A-1 Zoning District. On such parcels, State Statutes regarding fencing shall apply (C.R.S. § 35-46-101 et seq.). Persons keeping livestock on BC zoning district parcels shall limit fencing to areas as specified in 3505.17.A.6.

B.

Keeping of Uncastrated Male Livestock Animals: Persons keeping uncastrated male livestock animals on parcels of less than 35 acres shall keep them in a pen, corral or run area enclosed by at least a six (6) foot chain link fence or by a material equal or greater in strength, except when it is necessary to remove them for training, breeding or other similar purposes.

C.

Storage and Disposal of Manure: Persons keeping livestock in enclosed corrals or barns, rather than in open pasture, shall remove and store or dispose of manure to prevent unsanitary conditions and breeding of flies. Manure shall not be allowed to accumulate so as to cause a hazard to the health, welfare or safety of humans and animals or contamination of surface or subsurface water quality.

D.

Drainage: Where livestock are kept in enclosed corrals or barns, provision shall be made for proper drainage and control of runoff to prevent stagnant, standing water or the flow of contaminated water into surface or subsurface water supplies.

3802.05:   Conditional Use Permits for Animal Keeping

Figure 3-8 indicates when a conditional use permit is required for keeping domestic pets and livestock animals in County zoning districts. The general procedures for review and action on conditional use permits, as stated in Section 12300 et seq., shall be used to review requests for permits for animal keeping. The following criteria shall be used in evaluating applications for conditional use permits for animal keeping:

A.

Size of lot in relation to numbers of animals requested.

B.

Amount of land area to be made available for use by animals.

C.

Need for buffering between the area to be used for animal keeping and any adjacent uses.

D.

Need to mitigate the impact on neighboring properties of odors and noise resulting from animal keeping.

E.

If the applicant is a group of property owners proposing a common pasture, stable or barn for the keeping of livestock, the criteria stated in Section 3802.03 shall be met.

3802.06:   Responsibility for Enforcement of Animal Regulations

Whenever an individual is required to obtain a license from CPW for the keeping of animals, CPW shall be responsible for enforcing such requirements. Whenever a conditional use permit is required by County regulations for the keeping of animals, the County Planning Department shall be responsible for enforcing such requirements.

3803.01:   Type of Establishment

An establishment is considered a bed and breakfast if it provides lodging available to the general public in a single-family residence where the owner of the residence lives on the premises. The Planning Commission may require as a condition of approval recordation of a covenant requiring that the bed and breakfast establishment be owner occupied as long as it is operated as a bed and breakfast. A bed and breakfast may not be established in a duplex or multi-family residential building.

3803.02:   Size of Establishment

A.

Size Limits:

1.

A-1 Zoning District: On parcels of 20 or more acres in the A-1 Zoning District, bed and breakfast establishments shall conform to the size limits established for small scale resorts (see definition of resort, small scale in Section 3808). On parcels of less than 20 acres, bed and breakfast establishments shall conform to the regulations for the residential zoning district that would allow lot sizes comparable to the size of the parcel in the A-1 Zoning District.

2.

RU, RE, R-1, R-2 Zoning Districts: Three (3) lodging rooms

3.

R-4, R-6, R-P and Other Residential Zoning Districts: Two (2) lodging rooms

4.

PUD: Bed and breakfasts must be allowed by the provisions of a PUD as either a permitted or conditional use. Bed and breakfasts are not permitted in a PUD if a PUD designation does not list them as a permitted or conditional use. Where a PUD lists a bed and breakfast as an allowed use, the provisions of this section shall be applied as provided for in Section 12200 et seq.

B.

Compliance with Limits: In determining the number of rooms available for lodging, at least one (1) bedroom shall be designated for use by the owner of the residence and not counted. The number of lodging rooms allowed shall be stated as part of the conditional use permit issued for the bed and breakfast. The number of lodging rooms allowed may be less than the maximum number permitted by this section if, in the judgment of the Planning Commission, the size of the lot or the location of the residence is such that allowing the maximum number would result in an adverse impact on surrounding properties. The number allowed may also be reduced from the maximum permitted if the necessary parking cannot be accommodated on the parcel where the bed and breakfast is proposed to be located. The Planning Commission may require as a condition of approval recordation of a covenant limiting the number of lodging rooms to a specified number within the limits stated in this section.

3803.03:   Parking

Parking for bed and breakfasts shall be provided in accordance with the County parking regulations (see Figure 3-7). Guest parking shall be either graveled or paved and shall be kept free of snow to discourage on-street parking. The parking area shall be designed so that cars are not required to back onto the road providing access to the parcel where the bed and breakfast is located.

3803.04:   Compliance with Building and Fire Codes

Where an applicant is requesting a conditional use permit for a bed and breakfast, all portions of the residence shall be in compliance with the applicable requirements of the Building and Fire Codes.

3803.05:   Signs

Any sign for a bed and breakfast shall comply with the County Sign Regulations for home occupations (see Chapter 9).

3803.06:   Impact on Neighborhood

A.

A bed and breakfast shall be operated in a manner that preserves the residential character of the neighborhood where it is located. The amount of traffic and noise from lodging guests shall not cause an adverse impact on surrounding properties.

B.

Relationship to STR License: In residential and A-1 zone districts, STR licenses are required to operate a Bed and Breakfast; that STR license shall be obtained at least one year immediately prior to application for the establishment of a Bed and Breakfast.

C.

As part of the determination of neighborhood compatibility set forth in Section 12302.04, the Review Authority shall consider the record of operations of the STR.

3804.01:   Licensing and Permitting Requirements

A.

License Required: No person may operate a Marijuana Business without a valid license issued by the Local Licensing Authority and the State Licensing Authority. A person seeking to obtain a license from the Local Licensing Authority shall file an application with the County Planning Department in accordance with the requirements set forth in this section of the Code and Resolutions 13-68 and 13-67 setting forth the licensing requirements for Retail Marijuana Establishment operations and Medical Marijuana Businesses, respectively. The Planning Department is the supervising agency for all Marijuana Business License applications and is responsible for providing application forms and assisting the applicant with the application process. The County is authorized to issue licenses for: a.) a Medical Marijuana Center; b.) an optional Premises Cultivation Operation; c.) a Medical Marijuana Infused Products Manufacturing Facility; d.) a Retail Marijuana Store; e.) a Retail Marijuana Products Manufacturing Facility; f.) a Retail Marijuana Cultivation Facility; and g.) a Retail Marijuana Testing Facility.

B.

Permit Required: Any person wishing to cultivate marijuana in their home for personal use or as a caregiver as permitted in accordance with Section 3804.04 et seq. shall apply for and be issued a permit by the Planning Department for such residential cultivation of marijuana and such activities shall be conducted in accordance with the provisions set forth in Section 3804.04 et seq. below.

C.

Review Authority: An application for a marijuana business license or a residential cultivation permit shall be reviewed as a Class 2 application in accordance with the applicable process outlined in Chapter 12. All applications that include the cultivation of marijuana, including residential cultivation, shall be reviewed as a Class 2 administrative review and the location of the cultivation shall be kept confidential except that such locations shall be disclosed to the Building Department, Sheriff's Office, local fire authority and any other governing agency with review authority.

1.

Additional Referral Agencies: In addition to the referral agencies required to review applications in accordance with Chapter 12, all applications for marijuana businesses shall be referred to the Sheriff's Office. Upon the receipt of a completed application, the Sheriff's Office shall obtain and review a criminal background records search on the applicant(s). The Planning Department shall also, at minimum, send a referral to the Office of the Clerk and Recorder, the Building Department and the local fire authority for review and comment.

2.

Additional Conditions: The Review Authority may impose such reasonable terms and conditions on a license or permit as may be necessary to protect the public health, safety, and welfare, and obtain compliance with the requirements of this Code, the Colorado Medical Marijuana Code, the Building Code, and other applicable laws.

3.

Decision by Local Licensing Authority: The decision by the local licensing authority shall be in accordance with C.R.S. § 12-43.3-301 et seq. for Medical Marijuana Businesses and in accordance with CDR-MED Rules for Retail Marijuana Businesses. All applications shall be processed within the timeframes for Class 2 applications as set forth in Chapter 12.

4.

Inspection of Premises: After approval of an application for a Marijuana Business license, the license shall not be issued until the building in which the business to be conducted is ready for occupancy with such furniture, fixtures, and equipment shown in the approved plans as are necessary to comply with the applicable provisions of C.R.S. § 12-43.3 et seq., C.R.S. § 12-43.4-101 et seq., and CDR-MED Rules, whichever is applicable, and then only after the local licensing authority has inspected the premises to determine that the applicant has complied with the architect's drawings and related plans for the interior of the building which was submitted with the application. Additionally, prior to the issuance of a license, the premises shall be inspected by the Building Official to determine compliance with the County's building and technical codes. No license shall be issued if the proposed licensed premises do not comply with the County's building and technical codes. Throughout the term of the license, the Building Official may inspect the licensed premises to determine continuing compliance with the building and technical codes.

D.

Transfer of Ownership/Change in Location: The ownership of a license may be transferred and the permanent location of a licensed premises may be changed in accordance with the Colorado Medical Marijuana Code, the Colorado Retail Marijuana Code, the CDR-MED Rules, the state administrative regulations, and this Code.

E.

No County Liability: By operating a Marijuana Business pursuant to a license issued by the local licensing authority, or by cultivating marijuana in a residential dwelling, a licensee or permit holder releases the County, its officers, elected officials, employees, attorney's and agents from any liability for injuries, damages, or liabilities of any kind that result from any arrest or prosecution of the licensee or permit holder, its owners, operators, employees, clients, or customers for a violation of any state or federal law, rule or regulation related to marijuana or medical marijuana, or from forced closure of the licensed premises or residential cultivation because the Colorado medical marijuana code, the CDR-MED Rules and/or if Section 3804 et seq. is found to be invalid under any applicable law, including but not limited to Federal law. As a part of any application for a marijuana business license, an applicant shall sign and submit a waiver that states the following:

1.

By applying for and accepting a license issued by the Local Licensing Authority, the licensee waives and releases the County, its officers, elected officials, employees, attorneys and agents from any liability for injuries, damages or liabilities of any kind that result from any arrest or prosecution of business owners, operators, employees, clients or customers for a violation of state or federal laws, rules or regulations.

2.

By applying for and accepting a license, all licensees, jointly and severally if more than one (1), agree to indemnify, defend, and hold harmless the County, its officers, elected officials, employees, attorneys, and agents against all liability, claims and demands on account of any injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever arising out of or in any manner connected with the operation of the medical marijuana business that is the subject of the license.

F.

Other Laws Remain Applicable: Before issuing a license, the Local Licensing Authority shall obtain written confirmation from the licensee that it understands and agrees to the following:

1.

Neither Section 3804 et seq. nor the act of obtaining a license from the local licensing authority protects licensees, or the owners, operators, employees, customers, and clients of licensed premises, from criminal prosecution pursuant to any law that prohibits the cultivation, sale, use, or possession of controlled substances, including but not limited to marijuana and/or medical marijuana.

2.

Applicants for permits and licenses from the County shall either 1) request concurrent review with any necessary state licensing requirements per C.R.S. §12-43.3-302(5) for a Medical Marijuana Business or 2) have already completed the state application process and received any necessary state licenses or permissions.

G.

Annual Renewals: All licensed Marijuana Businesses and residential cultivation activities shall apply for a license or permit renewal annually to ensure continued compliance with Section 3804 et seq. and any other applicable regulations. All annual renewals shall follow the Class 2 process and at a minimum, shall be referred to the Sheriff's Office, the Building Department, and the local Fire Authority, which may conduct inspections of the licensed premises, along with the Planning Department if feasible. The County shall give the permit holder or licensee at least 24 hours notice prior to inspections.

3804.02:   General Provisions

A.

Zoning Districts Where Medical Marijuana Centers, Medical Marijuana Infused Products Manufacturing Facilities, Retail Marijuana Stores, Retail Marijuana Products Manufacturing Facilities, and Retail Marijuana Testing Centers are Permitted: Medical marijuana centers, medical marijuana infused products manufacturing facilities, retail marijuana stores, retail marijuana products manufacturing facilities, and retail marijuana testing centers are only permitted in the I-1, CG, CN, B1, and B3 Zoning Districts as well as on commercially zoned property within PUDs in accordance with all applicable provisions set forth in Section 3804 et al, state law, and all other applicable codes and regulations, including but not limited to the Building Code.

B.

Zoning Districts Where Optional Premise Cultivation Operations and Retail Marijuana Cultivation Facilities are Permitted: Optional Premise Cultivation Operations and Retail Marijuana Cultivation Facilities are only permitted in the I-1, CG, CN, B1, and B3 Zoning Districts as well as on properties with property commercial use designation in a PUD in accordance with the provisions set forth in Section 3804.03 below.

C.

Co-location of Medical Marijuana Centers and Retail Marijuana Stores: Medical Marijuana Centers and Retail Marijuana stores may co-locate on the same property or within the same licensed establishment in accordance with all State laws.

D.

Marijuana Businesses-Proximity to Other Land Uses: The distance limitations established by this section shall control over the distance limitations set forth in C.R.S 12-43.3-308 et seq., C.R.S. §12-43.4-101 et seq., and the CDR-MED Rules. Distances shall be computed by direct measurement from the nearest property line of the land use listed below to the nearest portion of the building of the marijuana business. Distances shall be verified by the applicant and confirmed by the Local Licensing Authority via a method deemed acceptable by the County. At a minimum, no marijuana business shall be located within the following distances from the specified land uses listed below:

1.

50 feet of property being used for a residential use, property in a residential zoning district, and a property with a residential use in a PUD;

2.

1,000 feet of a licensed childcare facility or residential childcare facility;

3.

1,000 feet of any elementary school, middle school, high school, college or university either public or private;

4.

500 feet of a halfway house or correctional facility;

5.

500 feet of another marijuana business.

E.

Home Occupations: A Marijuana Business license shall not be issued for a home occupation. Marijuana may not be sold from any residential unit nor shall marijuana be grown in a residence with the intent to sell. Residential cultivation of marijuana shall be conducted in accordance with Section 3804.04 et seq.

F.

Hours of Operation: A marijuana business may open no earlier than 8:00 a.m. and shall close no later than 7:00 p.m. on the same day, Monday through Sunday.

G.

Alcohol: The sale or consumption of alcohol on licensed premises is prohibited, except for the sale of tinctures, which is permitted provided all products sold on site comply with applicable State rules and regulations.

H.

On-site Consumption: The on-site consumption of marijuana at a licensed facility is prohibited, unless conducted at a properly licensed Retail Marijuana Testing Facility and in compliance with all rules and regulations regarding such facilities.

I.

Disposal of Marijuana: Marijuana waste shall be stored, secured, and managed in accordance with applicable state laws, including but not limited to rules promulgated by the Colorado Medical Marijuana Enforcement Division and the CDR-MED in effect and as amended from time to time hereinafter.

J.

Security Systems: All marijuana businesses shall provide adequate security on the premises which meets the minimum security standards set forth by the Colorado Medical Marijuana Enforcement Division Rules and the CDR-MED Rules, whichever are applicable, in effect and amended from time to time hereinafter.

K.

Signage: All signs shall comply with the sign provisions set forth in Chapter 9 and/or any sign program in effect for the property. In addition, no signage associated with a marijuana business shall use the word "marijuana", "cannabis", or any other word or phrase commonly understood to refer to marijuana, nor shall any images of the marijuana plant be used in signage.

L.

Paraphernalia: Equipment or apparatus used for the inhaling or consumption of marijuana, including but not limited to rolling papers, water pipes, pipes, and vaporizers may be sold at a marijuana center to persons authorized by law to purchase medical marijuana at the medical marijuana center or by persons 21 years of age or older at a Retail Marijuana Store.

M.

Display of Marijuana and Related Paraphernalia: Marijuana plants, products, and paraphernalia shall be screened from view from any exterior windows.

N.

Annual Inspection: As a condition of any approval for a Marijuana Business, an annual inspection of such business shall be conducted by the County Planning Department and any other regulatory agencies with jurisdiction.

O.

Parking Requirements: Parking for Marijuana Centers or Retail Marijuana Stores shall be based on the parking requirements for a general retail business, per Figure 3-7 of the Code. As long as there is no retail space associated with a Medical Marijuana Infused Products Manufacturing Facility or a Retail Marijuana Products Manufacturing Facility, the parking provisions for such uses shall be in accordance with a low-retail business, per Figure 3-7. Parking for an Optional Premises Cultivation Operation, a Retail Marijuana Cultivation Facility, and a Retail Marijuana Testing Facility shall be in accordance with manufacturing/warehousing facilities, per Figure 3-7.

3804.03:   Commercial Cultivation of Marijuana

A.

The commercial cultivation of marijuana may only take place in a licensed marijuana business, an optional premise cultivation operation or a retail marijuana cultivation facility.

B.

Direct Relationship to a Medical Marijuana Center or Medical Marijuana Infused Products Manufacturing Facility: Any Optional Premise Cultivation Operation shall be directly associated with a licensed Medical Marijuana Center or Medical Marijuana Infused Products Manufacturing Facility located either in the unincorporated area of the County or within a town located in Summit County. Seventy percent of the product grown, cultivated, and/or processed at the Optional Premise Cultivation Operation shall be sold at a licensed Medical Marijuana Center or used at a licensed Medical Marijuana Infused Products Manufacturing Facility located within the County or within a town located in Summit County. At least annually and upon request by the County, any licensed Optional Premise Cultivation Operation shall submit documentation demonstrating compliance with this section.

C.

Ventilation: All licensed Optional Premise Cultivation Facilities and Retail Marijuana Cultivation Facilities shall be equipped with a proper ventilation system that filters out the odor of marijuana so that the odor is not capable of being detected by a person with a normal sense of smell at the exterior of the premises.

D.

Water Rights: For any marijuana business that proposes the cultivation of medical or retail marijuana, proof of adequate water rights shall be submitted with the application.

E.

Hazardous Chemicals: Storage and disposal of fertilizers, pesticides, herbicides, and any other hazardous chemicals associated with the cultivation of marijuana shall comply with all local, state, and federal laws. An application for review of any marijuana business that includes the cultivation of marijuana shall include a floor plan showing the location of the storage of such chemicals and shall be subject to review and approval by the Fire Authority.

3804.04:   Residential Cultivation of Marijuana

This section provides regulations associated with the growing, cultivating, and processing of marijuana in a residential dwelling unit. Marijuana may not be grown, cultivated, or processed in a residential unit except in compliance with this subsection. Any marijuana growing, cultivation or processing that does not meet the provisions of this subsection shall be considered a business or commercial activity as regulated above in this Section 3804 and/or other provisions of this Code.

A.

The growing, cultivation, or processing of medical marijuana shall be done in full compliance with all applicable provisions of Amendment 20, the Colorado Medical Marijuana Code, the Medical Marijuana Program, and other applicable State laws, rules and regulations.

B.

The growing, cultivation, or processing of retail marijuana shall be done in full compliance with all applicable provisions of Amendment 64, C.R.S. §12-43.4-101 et seq., the CDR-MED Rules, and other applicable State laws, rules and regulations.

C.

Marijuana may be grown, cultivated, or processed only within the primary residence of the person growing, cultivating, or processing marijuana. Marijuana may not be grown, cultivated, or processed in the yard, outbuildings, or other area outside of such primary residence except as provided for in this section.

D.

Medical marijuana may be grown, cultivated, or processed within a primary residence only by a primary caregiver for his or her patients, or by a patient for himself or herself. A primary caregiver may not lawfully grow, cultivate, or process medical marijuana for a patient who does not reside at the primary residence where the growing, cultivating, or processing occurs.

E.

Commercial sale of marijuana grown, cultivated, or processed pursuant to this Section 3804.04 is prohibited.

F.

Not more than six marijuana plants may be grown, cultivated, or processed within any primary residence; provided, however, up to twelve marijuana plants may be grown, cultivated, or processed within a primary residence if more than one patient, primary caregiver, or other person over 21 years of age resides within the primary residence.

G.

The growing, cultivation, and processing of marijuana plants shall be limited to the following areas within the primary residence:

1.

Within a detached single-family dwelling unit, marijuana may be grown, cultivated, or processed only within a secure, defined, contiguous area not to exceed 150 square feet;

2.

Within any residential dwelling unit other than a detached single-family dwelling unit, marijuana may be grown, cultivated, or processed only within a secure, defined, contiguous area not to exceed 100 square feet;

3.

Marijuana shall not be grown, cultivated, or processed within the common area or limited common area of any real property that is devoted to a residential use, and;

4.

Marijuana may be grown, cultivated, or processed in an outbuilding or a garage associated with a residential structure provided that the area is secure, defined, and limited in size in accordance with the provisions above.

H.

For purposes of this section, the term "secure" shall be defined as an area within the primary residence that is able to be locked and is accessible only to the patient, primary caregiver or adult 21 years of age or older. Secure premises shall be located or partitioned off to prevent access by children, visitors, passersby, thieves, or anyone else not licensed to possess medical marijuana or whom is not 21 years of age or older.

I.

The growing, cultivation, and processing of marijuana shall not be perceptible from the exterior of the primary residence, including, but not limited to:

1.

Common visual observation;

2.

Light pollution, glare, or brightness that disturbs the repose of another;

3.

Undue vehicular or foot traffic, including unusually heavy parking in front of the primary residence; and,

4.

Noise from an exhaust fan in excess of the maximum permissible noise level per C.R.S. §25-12-103(1).

J.

The smell or odor of marijuana growing within the primary residence shall not be capable of being detected by a person with a normal sense of smell from any adjoining lot, building unit, parcel or tract of land not owned by the owner of the primary residence, or from any adjoining public right of way.

K.

The space within the primary residence where marijuana is grown, cultivated, or processed shall meet all applicable requirements of the County's building, zoning, and other technical codes adopted in the Code.

L.

If a patient, primary caregiver or other person grows, cultivates, or processes marijuana within a primary residence that he or she does not own, such person shall obtain the written consent of the property owner before commencing to grow, cultivate or process medical marijuana on the property.

M.

No chemical shall be used by a patient, primary caregiver or other person to enhance or extract tetrahydrocannabinol (THC) from marijuana that is grown in a primary residence.

N.

The residential cultivation of marijuana may commence only after a permit for such activity has been approved in accordance with the provisions set forth in Section 3804.01 et al.

3804.05:   Inspections and Compliance

Subject to the requirements and limitations of this section and pursuant to Chapter 14, Section 14300 of the Code, the County shall have the right to request entrance into any structure within the County where marijuana is being sold, grown, cultivated, or processed during reasonable hours for the purpose of conducting a physical inspection of the premises to determine if the premises complies with the requirements of this Section 3804 et seq. and all other applicable regulations. If such entry is refused, the County shall have recourse to every remedy provided by law to secure entry and take such other enforcement action as may be deemed appropriate.

3804.06:   Definitions

The definitions contained in Amendment 20, the Colorado Medical Marijuana Code, the Colorado Medical Marijuana Program, and any regulations promulgated by the Colorado Department of Public Health and the Environment and the Colorado Department of Revenue, as amended from time to time, are incorporated into this Section by reference. All other applicable definitions are as defined in Chapter 15 of this Code.

3805.01:   Classification of Communication Towers and Antennas

A.

Commercial Communication Towers:

1.

Primary: Communication towers used by businesses for commercial purposes such as radio or television stations, cellular companies and companies other than public utilities or public agencies where voice, data or other transmissions are directed to the general public are classified as commercial towers.

2.

Accessory: Communication towers used by businesses, other than public utilities or public agencies, for the sole purpose of dispatching personnel and equipment, where transmission are not commercial in nature and are not directed to the general public are classified as commercial towers and are considered an accessory use.

B.

Noncommercial Communication Towers: Communication towers used by public utilities and public agencies for such purposes as dispatching personnel and equipment, for emergency communications or for controlling, diagnosing and obtaining data on the operation of equipment, where transmissions are not directed to the general public or used for advertising purposes, are classified as noncommercial communication towers.

C.

Commercial Communication Antennas (Not Mounted on a Communication Tower):

1.

Primary: Communication antennas that are mounted to a building, utility structure (not including a communication tower) or other non-communication tower structure used by businesses for commercial purposes such as radio or television stations, cellular companies, internet connections and companies other than public utilities or public agencies where voice, data or other transmissions are directed to the general public are classified as commercial antennas.

2.

Accessory: Communication antennas that are mounted to a building, utility structure (not including a communication tower) or other non-communication tower structure used by businesses, other than public utilities or public agencies, for the sole purpose of dispatching personnel and equipment, where transmissions are not commercial in nature and are not directed to the general public, are classified as commercial antennas and are considered an accessory use so long as such are located on the site of the commercial activity.

D.

Small Cell Facilities (Mounted or Not Mounted to a Communication Tower): A wireless service facility that meets both of the following qualifications:

1.

A wireless communication facility where each antenna is located inside an enclosure of no more than three cubic feet in volume, or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements that could fit within an imaginary enclosure of no more than three cubic feet; and

2.

Primary equipment enclosures are not larger than seventeen cubic feet in volume. The following associated equipment may be located outside of the primary equipment enclosure and, if so located, is not included in the calculation of equipment volume: electric meter, concealment, telecommunications demarcation box, ground-based enclosure, back-up power systems, grounding equipment, power transfer switch and cut-off switch. All associated equipment, even if located outside of the primary equipment enclosure, shall be included within the definition of Small Cell Wireless Facility.

E.

Noncommercial Communication Antennas (Not Mounted to a Communication Tower): Communication antennas that are mounted to a building, utility structure (not including a communication tower) or other non-communication tower structure used by public utilities and public agencies for such purposes as dispatching personnel and equipment, for emergency communications, or for controlling, diagnosing and obtaining data on the operation of equipment, where transmissions are not directed to the general public or used for advertising purposes, are classified as noncommercial antennas.

F.

Private Antennas: Antennas used as an accessory use to a dwelling unit used solely for private or home occupation use are classified as private antennas. Notwithstanding the foregoing, it is acknowledged that private antennas may be used by a commercial business as a primary commercial antenna to rebroadcast provided that 1) the antenna is still used for private use and the antenna is not just used to rebroadcast, 2) applicable Federal laws concerning low power wireless telecommunication are met, and 3) the provisions of this section are met.

G.

Private Towers: Private towers used for non-commercial, residential proposes, such as HAM Radio towers, CB Towers, or other such uses, which service only the residence or structure on the property where they are located are classified as private towers. Private towers may not be more than 20 feet in height.

3805.02:   Permit Requirements for Communication Towers and Antennas

A.

Commercial Communication Towers:

1.

Primary: Primary commercial communication towers are permitted in all zoning districts with approval of a conditional use permit. Antennas mounted to an approved commercial communication tower do not require additional approvals as long as the mounting of such antennas does not increase the height of the communication tower beyond that which is permitted.

2.

Accessory: Accessory commercial communication towers no more than 35 feet in height are permitted in the A-1, CG, CN, I-1 and M-1 and ski resort PUD zoning districts without approval of a conditional use permit provided the requirements of this section are met. Accessory commercial towers more than 35 feet in height require approval of a conditional use permit.

B.

Noncommercial Towers: Noncommercial communication towers require approval of a conditional use permit in the BC zoning district and shall not exceed 35 feet in height. Noncommercial communication towers no more than 35 feet in height are permitted in any other zoning district without approval of a conditional use permit provided the requirements of this section are met. Noncommercial communication towers more than 35 feet in height require approval of a conditional use permit. Where a facility of a public utility includes a communication tower and both the facility and the tower require conditional use permits, a combined permit may be issued. Antennas mounted to an approved non-commercial tower do not require additional approvals as long as the mounting of such antennas does not increase the height of the communication tower beyond that which is permitted.

C.

Commercial Antennas:

1.

Primary: Primary commercial communication antennas that are mounted to an existing utility structure (not including a communication tower), a multi-family building, commercial building, mixed-use building or other non-residential structure (excluding communication towers) are permitted in all zoning districts with approval of a Class 2 development review application per the provisions of Section 12000 et seq.

2.

Accessory: Accessory antennas that are mounted to a building, utility structure (not including a communication tower) or other non-communication tower structure are a permitted use in all zoning districts without any formal County approval, provided that; 1) the area of the antenna does not exceed ten (10) square feet in surface area, and 2) the other applicable provisions of this section are met (aesthetics, maximum height, location, etc.).

D.

Small Cell Facilities:

1.

Application Review. Applications for Small Cell Facilities shall be reviewed and approved or denied by the Code Administrator for conformance with this Code. Small Cell Facilities are a permitted use in all zoning districts subject to all requirements of the zoning district in which they are proposed to be located, and with approval of a Class 2 development review application per the provisions of Section 12000 et seq.

2.

Submittal Requirements. In addition to an application form and submittal fees, each Applicant shall submit the following, unless not applicable as determined by the Planning Department: a scaled site plan, photo simulation, scaled elevation view and other supporting drawings and calculations, showing the location and dimension of all improvements, including information concerning topography, tower height, materials and colors of poles and equipment, setbacks, adjacent uses, drainage, a signal interference letter pursuant to section 3805.05 of this Code, fencing and landscaping, and other information deemed by the Planning Department to be necessary to assess compliance with this Section.

3.

Decision. Within 90 days of the date upon which an Applicant submits an application deemed complete by the Code Administrator, the County shall render a decision on the application for a Small Cell Facility(ies) under this Code. Any decision to approve, approve with conditions, or deny an application for a Small Cell Facility under this Code, shall be in writing and supported by substantial evidence in a written record. The Applicant shall receive a copy of the decision. The foregoing shall apply only to applications for Small Cell Facility under this Code and shall not apply to any building, right-of-way, or any other permit issued by the County pursuant to the provisions of this Code.

E.

Noncommercial Communication Antennas: Non-commercial communication antennas that are mounted to a building, utility structure (not including a communication tower), or other non-communication tower structure are permitted in all zoning districts provided that; 1) the area of the antenna does not exceed ten (10) square feet in surface area, and 2) the other applicable provisions of this section are met (aesthetics, maximum height, location, etc.).

F.

Private Antennas: Private antennas are a permitted use in all zoning districts in the County and no administrative review by the Planning Department is required, provided 1) the area of the antenna does not exceed ten (10) square feet in surface area, and 2) the other applicable provisions of this section are met (aesthetics, maximum height, location, etc.). Notwithstanding the foregoing, private antennas established prior to the adoption of these regulations may remain in place until such time as they are rendered functionally non-operational.

G.

Private Towers: Private towers may be allowed pursuant to all applicable standards for design, impacts, and placement, and all other zoning standards, as set forth in this Code are met.

H.

Permit Processing: All permit applications for telecommunications towers shall be processed in accordance with the standards set forth for all similarly categorized applications pursuant to Chapter 12 of this Code.

3805.03:   Dimensional Requirements for Communication Towers

A.

Minimum Lot Size:

Commercial and noncommercial communication towers and small cell facilities are permitted in any zoning district and are exempt from minimum lot size requirements. (The exemption from minimum lot size requirements does not exempt the business, public utility or public agency from the requirement to plat the lot proposed for use for a communication tower.) The required lot size shall be determined as a condition of permit approval, when a permit is required, and shall be of sufficient size to meet the criteria stated in this section.

B.

Minimum Setbacks: Setbacks for both primary facilities and accessory structures, excluding small cell facilities located in the right-of-way, shall be established by the Review Authority based on the following considerations:

1.

Requirements generally applicable to the zoning district in which the tower is located.

2.

Similarities to surrounding zoning districts.

3.

Mitigation of visual impacts.

4.

Protection of the public health and safety.

C.

Maximum Height:

1.

35 feet where permitted without approval of a conditional use permit.

2.

Where approval of a conditional use permit is required, maximum height shall be determined as a condition of approval except that no tower shall exceed 300 feet.

3805.04:   Visual and Other Aesthetic Design Standards and Mitigation for Communication Towers, Antennas and Small Cell Facilities

A.

Communication Towers: A plan for mitigation of visual impact or other appropriate aesthetic impacts of the proposed tower, and associated telecommunication support facilities, shall be submitted. Visual simulations and renderings may be required by the Planning Department as a part of the submittal materials. Visual mitigation techniques such as coloring, screening and landscaping shall be used whenever possible. The level of mitigation required will depend on the location of the proposed facility in relation to topographic features, important visual features, major public thoroughfares, public recreational areas, residential neighborhoods and other sensitive visual areas. Implementation of a visual mitigation plan shall be included as a condition of final plat or conditional use permit approval. The environmental effects of radio frequency emissions shall not be considered an appropriate aesthetic mitigation concern provided such tower complies with the regulations of the Federal Communications Commission regarding such concern.

B.

Antennas:

1.

Primary: Primary commercial antennas mounted to an existing utility structure (not including a communication tower), a multi-family building, commercial building, mixed-use building or other non-residential structure (excluding communication towers) shall meet the following design standards:

a.

The design of antennas and associated telecommunication support facilities shall use materials, colors textures and screening that create compatibility with the surrounding built and natural environment. A plan for mitigation of visual impacts or other appropriate aesthetic impacts of the proposed antenna shall be submitted with any required development review application.

b.

Signs shall be limited to those signs required for cautionary or advisory purposes only and not for any advertising.

c.

The antenna shall not exceed a surface area of ten (10) square feet.

d.

Antennas mounted to a structure or building shall not be more than ten percent (10%) higher than the actual, as-built building or structure height to which such antenna is mounted. For example, a building that is of 40 feet high can have an antenna that extends no more than four (4) feet above the roof.

e.

Antennas may not be located within any setbacks as established in the underlying zoning district without approval of a conditional use permit. Notwithstanding the foregoing, antennas may be placed on existing utility structures (not communication tower) or other existing buildings and other structures that are located in the setback.

2.

Accessory: Accessory antennas that are mounted to a building, utility structure or other non-communication tower structure shall have the same design requirements as for primary commercial antennas.

3.

Noncommercial Communication Antennas: Non-commercial communication antennas that are mounted to a building, utility structure or other non-communication tower structure shall have the same design requirements as for primary commercial communication antennas.

4.

Private Antennas: Private antennas shall have the same design requirements as for primary commercial communication antennas, except that, it is the responsibility of the property owner to ensure that the private antenna include materials, colors textures, screening and landscaping that create compatibility with the surrounding built and natural environment.

5.

Conditional Use Permit: An applicant that desires to install an antenna that does not meet the requirements of this section may submit for a conditional use permit per the provisions of Section 12300 et seq.

C.

Small Cell Facilities

1.

The requirements set forth in this Section shall apply to the location and design of all Small Cell Facilities governed by this Chapter. Small Cell Facilities shall be designed and located to minimize the impact on the surrounding neighborhood and to maintain the character and appearance of the County, consistent with other provisions of this Code.

a.

Camouflage/Concealment. All Small Cell Facilities and any Transmission Equipment shall, to the extent possible, use Camouflage Design Techniques including, but not limited to the use of materials, colors, textures, screening, undergrounding, or other design options that will blend the Small Cell Facility to the surrounding natural setting and built environment. Design, materials and colors of Small Cell Facilities shall be compatible with the surrounding environment, including structures and vegetation located in the Public Right-of-Way and on adjacent parcels.

i.

Camouflage design may be of heightened importance where findings of particular sensitivity are made (e.g. proximity to historic or aesthetically significant structures, views, and/or community features). Should the Review Authority determine that a Small Cell Facility is located in an area of high visibility, it shall (where possible) be designed (e.g., camouflages, placed underground, depressed, or located behind earth berms) to minimize the facility profile.

ii.

The camouflage design may include the use of Alternative Tower Structures should the Review Authority determine that such design meets the intent of this Code and the community is better served thereby.

iii.

All Small Cell Facilities, shall be constructed out of or finished with non-reflective materials (visible exterior surfaces only).

b.

Hazardous Materials. No hazardous materials shall be permitted in association with Small Cell Facilities, except those necessary for the operations of the Small Cell Facility and only in accordance with all applicable laws governing such materials.

c.

Lighting. Small Cell Facilities shall not be artificially lighted, unless required by the FAA or other applicable governmental authority, or the Small Cell Facility is mounted on a light pole or other similar structure primarily used for lighting purposes. If lighting is required, the County may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views. Lighting shall be shielded or directed to the greatest extent possible so as to minimize the amount of glare and light falling onto nearby properties, particularly residences.

d.

Noise. Noise generated on the site must not exceed the levels permitted in Section 3512.04 of this Code, except that a Small Cell Facility owner or operator shall be permitted to exceed Code noise standards for a reasonable period of time during repairs, not to exceed two hours without prior authorization from the County.

e.

Adjacent to Single Family Residential Uses. Small Cell Facilities shall be sited in a manner that minimizes the proximity of the facility to residential structures and residential district boundaries. When placed near residential property, the Small Cell Facility shall be placed adjacent to the common side yard property line between adjoining residential properties, such that the Small Cell Facility minimized visual impacts equitably among adjacent properties. In the case of a corner lot, the Small Cell Facility may be placed adjacent to the common side yard property line between adjoining residential properties, or on the corner formed by two intersecting streets.

f.

Additional design requirements shall be applicable to the various types of Small Cell Facilities as specified below with the intent of reducing or eliminating visual obtrusiveness:

i.

Alternative Tower Structures.

(1)

The color of the Alternative Tower Structures shall be compatible with the colors of other towers or poles in the right-of-way in the immediate vicinity. For example, if the Alternative Tower Structures are near traffic signals at an intersection, the color of new towers should match the color of the traffic signals. If the Alternative Tower Structures are near, or are replacing light poles in the right-of-way, the color of the new Alternative Tower Structures should be the same, or similar to, the color of existing light poles in the area;

(2)

Alternative Tower Structures shall be compatible with the surrounding topography, tree coverage and foliage and should use existing land forms, vegetation, and structures to aid in screening the facility from view or blending in with the surrounding built and natural environment;

(3)

Alternative Tower Structures shall be architecturally compatible with the surrounding area;

(4)

Height and size of the Alternative Tower Structures should be minimized as much as possible, and in no event shall any tower be higher than 35 feet;

ii.

Alternative Tower Structures and Small Cell Facilities. In addition to the design requirements applicable to Towers, above, Alternative Tower Structures in the Right-of-Way shall be designed and constructed to look like a facility or utility pole typically found in the Public Right-of-Way and shall:

(1)

With respect to a Pole-mounted Small Cell Facility, be located on, or within, an existing utility pole serving another utility;

(2)

Be camouflaged/concealed consistent with other existing natural or manmade features near the location where the Alternative Tower Structure will be located;

(3)

With respect to a Pole-mounted Small Cell Facility, be located within, or if not feasible, on a new utility pole where other utility distribution lines are aerial; or if there are no reasonable alternatives, and the Applicant is authorized to construct the new utility poles, within such new poles;

(4)

To the extent reasonably feasible, be consistent with the size and shape of the pole-mounted equipment installed by communications companies on utility poles near the Alternative Tower Structure;

(5)

Be sized to minimize the negative aesthetic impacts to the Public Right-of-Way and adjacent property;

(6)

Be designed such that Antenna installations on traffic signal standards are placed in a manner so that the size, appearance, and function of the signal will not be materially altered, as determined by the County in its sole discretion;

(7)

Be designed such that any ground mounted equipment shall be located in a manner necessary to address both public safety and aesthetic concerns in the reasonable discretion of the Review Authority, and may, where appropriate and reasonably feasible based upon technical, construction and engineering requirements, require a flush-to-grade underground equipment vault;

(8)

Not alter vehicular circulation or parking within the Public Right-of-Way or impede vehicular, bicycle, or pedestrian access or visibility along the Public Right-of-Way. The Alternative Tower Structure must comply with the Americans with Disabilities Act and all other local, state, and federal law and regulations. No Alternative Tower Structure may be located or maintained in a manner that causes unreasonable interference. Unreasonable interference means any use of the Public Right-of-Way that disrupts or interferes with its use by the County, the general public, or other person authorized to use or be present upon the Public Right-of-Way, when there exists an alternative that would result in less disruption or interference. Unreasonable interference includes any use of the Public Right-of-Way that disrupts vehicular or pedestrian traffic, any interference with utilities, and any other activity that will present a hazard to public health, safety, or welfare;

(9)

Any such Monopole or Alternate Tower Structure shall in no case be higher than 35 feet, unless such pole is already existing at a greater height, nor shall a Monopole or Alternative Town Structure be more than ten feet higher (as measured from the ground to the top of the pole) than any existing utility or traffic signal within 500 feet of the pole or structure. Transmission Equipment placed on an existing Monopole or Alternate Tower Structure shall not extend more than 5 feet above such pole;

(10)

No freestanding Small Cell Facility shall be within 600 feet of another freestanding Small Cell Facility in the public right-of-way. These separation requirements do not apply to attachments made to existing Alternative Tower Structures. The Review Authority may exempt an Applicant from these requirements if the Applicant demonstrates the need for the Small Cell Facility and cannot satisfy these requirements.

(11)

Collocations are strongly encouraged and the number of poles within the Public Right-of-Way should be limited as much as possible; and

(12)

Equipment enclosures shall be located out of view as much as possible.

iii.

Accessory Equipment and Transmission Equipment. Accessory Equipment and Transmission Equipment for all Small Cell Facilities shall meet the following requirements:

(1)

All Transmission Equipment and Accessory Equipment shall be grouped as closely as technically possible;

(2)

Any ground mounted Transmission Equipment shall be located in a manner necessary to address both public safety and aesthetic concerns in the reasonable discretion of the County, and the County may, where appropriate and reasonably feasible based upon technical, construction and engineering requirements, require a flush-to-grade underground equipment vault;

(3)

Transmission Equipment and Accessory Equipment shall be located out of sight whenever possible by locating within equipment enclosures. Where such alternate locations are not available, the Transmission Equipment and Accessory Equipment shall be camouflaged or concealed; and

(4)

Transmission Equipment and Accessory Equipment shall be of a neutral, non-reflective color that is identical to, or closely compatible with, the color of the supporting structure or uses other camouflage/concealment design techniques so as to make the equipment as visually unobtrusive as possible, including, for example, painting the equipment to match the structure.

2.

Variance Procedure

a.

The Planning Director may exempt an applicant from any of the design or location requirements if:

i.

the applicant demonstrates through technical network documentation that the requirement cannot be satisfied for technical reasons; OR

ii.

the Planning Director determines, when considering the surrounding topography, the nature of adjacent uses and nearby properties, and the height of of existing structures in the vicinity, that placement of a WCF at the location requested by the applicant will meet the intent of reducing visibility and visual clutter of vertical structures, and not result in any significant adverse impacts to the adjacent properties.

3805.05:   Signal Interference for Communication Towers

Evidence shall be submitted to demonstrate that a proposed communication tower complies with all specifications of the Federal Communications Commission with respect to preventing signal interference with other systems or facilities in the area. After operation of the tower commences, the tower operator shall be required to investigate any electrical disturbances affecting operation of equipment beyond the boundaries of the tower site and to resolve such disturbances if the disturbances are attributable to the use of the tower.

3805.06:   Statement of Need for Communication Towers

A statement of need for a proposed communication tower and a description of the proposed service area shall be submitted by an applicant at the time a conditional use permit development review application is filed. Said statement of need shall address relevant considerations including, but not limited to, customer and business demand in the location sought, alternative tower sites considered and opportunities for co-location available in the general proximity of the proposed tower. The applicant shall document that sharing space on an existing tower is not practical or feasible. The practicality or feasibility of shared use shall be assessed using the criteria in Section 3805.07, as well as any other considerations established as appropriate in light of the circumstances. This Section shall not apply to applications for small cell facilities.

3805.07:   Shared Use for Communication Towers

The County may require an existing or proposed tower be made available for shared use (collocation) of other telecommunication providers as a condition of approval to the extent reasonably feasible based upon construction, engineering and design standards. Shared use shall not be required if the Review Authority determines that:

A.

Uses proposed by an applicant seeking to share an existing tower would interfere with the use of the tower by the tower owner.

B.

Shared use would interfere with the security of the tower owner's operation or facilities.

C.

The applicant and the tower owner are unable to reach agreement on how the applicant is to reimburse the tower owner for a proportionate share of construction and maintenance costs or is otherwise unable to come to terms with such owner on a reasonable, market reflective rate for such use, after good faith negotiations on such matters of co-location.

D.

Collocation is not reasonably feasible based upon construction, engineering and design standards provided by applicant.

3805.08:   Compliance with Regulations

All Wireless Communication Facilities shall comply with all applicable Federal, State and County regulations. At the time application is made for a conditional use permit, site plan or final plat approval, the applicant shall submit evidence showing he has obtained any required approvals or permits for commercial communication towers from these agencies.

3805.09:   Denial of Communication Tower Development Review Applications

Any decision by a Review Authority denying an application for a telecommunications tower shall be in writing and supported by substantial evidence contained in a written record.

3805.10:   Reclamation and Abandonment

A financial guarantee for reclamation or removal of a communication tower or antenna can be secured through appropriate mechanisms by the County. Notwithstanding the foregoing, any communication tower or antenna that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of the property where such tower is located shall remove the same within 90 calendar days of the issue date of the notice to remove the tower or antenna.

3805.11:   Review Procedures for Eligible Facilities Requests

A.

An Eligible Facilities Request is any request for modification of an Existing Tower or Base Station that does not Substantially Change the physical dimensions of such Tower or Base Station, involving 1) Collocation of new Transmission Equipment, 2) removal of Transmission Equipment, or 3) replacement of Transmission Equipment.

B.

In all zoning districts, Eligible Facilities Requests shall be considered a permitted use, subject to administrative review. The County shall prepare, and from time to time revise, and make publicly available, an application form which shall include the information necessary for the County to consider whether an application is an Eligible Facilities Request. Such information may include, without limitation, whether the project:

1.

Would constitute a Substantial Change;

2.

Violates a generally applicable law, regulation, or other rule codifying objective standards reasonably related to public health and safety; and

3.

The application may not require the applicant to demonstrate a need or business case for the proposed modification or Collocation.

C.

Upon receipt of an application for an Eligible Facilities Request pursuant to this Section, the Planning Department shall review such application to determine whether the application so qualifies.

D.

Timeframe for Review. Subject to the tolling provisions of subparagraph d. below, within 60 days of the date on which an applicant submits an application seeking approval under this Section, the County shall approve the application unless it determines that the application is not covered by this Subsection, or otherwise in non-conformance with applicable codes.

E.

Tolling of the Timeframe for Review. The 60-day review period begins to run when the application is filed, and may be tolled only by mutual agreement of the County and the applicant, or in cases where the Community Development Department determines that the application is incomplete:

1.

To toll the timeframe for incompleteness, the County must provide written notice to the applicant within 30 days of receipt of the application, specifically delineating all missing documents or information required in the application;

2.

The timeframe for review begins running again when the applicant makes a supplemental written submission in response to the County's notice of incompleteness; and

3.

Following a supplemental submission, the County will notify the applicant within ten (10) days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified in paragraph (d)(1). In the case of a second or subsequent notice of incompleteness, the County may not specify missing information or documents that were not delineated in the original notice of incompleteness.

F.

Failure to Act. In the event the County fails to act on a request seeking approval for an Eligible Facilities Request under this Section within the timeframe for review (accounting for any tolling), the request shall be deemed granted. The request becomes effective when the applicant notifies the County in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted.

G.

Interaction with Telecommunications Act Section 332(c)(7). If the County determines that the applicant's request is not an Eligible Facilities Request as delineated in this Chapter, the presumptively reasonable timeframe under Section 332(c)(7) of the Telecommunication Act, as prescribed by the FCC's Shot Clock order, will begin to run from the issuance of the County's decision that the application is not a covered request. To the extent such information is necessary, the County may request additional information from the applicant to evaluate the application under Section 332(c)(7) reviews.

3805.12:   Definitions

All Definitions under this subsection shall be applicable to Section 3805 only. In the event of any conflict between definitions in this subsection 3805.11 and Chapter 15 as applied to the provisions of Section 3805, the definitions in this subsection shall prevail.

ACCESSORY EQUIPMENT. Any equipment serving or being used in conjunction with a WCF, including, but not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or other structures.

ALTERNATIVE TOWER STRUCTURE. Man-made trees, clock towers, bell steeples, light poles, traffic signals, buildings, and similar alternative design mounting structures that are compatible with the natural setting and surrounding structures, and camouflage or conceals the presence of antennas or towers so as to make them architecturally compatible with the surrounding area pursuant to this Division. This term also includes any antenna or antenna array attached to an Alternative Tower Structure. A stand-alone Monopole (including a Replacement Pole) in the Public Right-of-Way that accommodates Small Cell Wireless Facilities is considered an Alternative Tower Structure to the extent it meets the camouflage and concealment standards of this Chapter.

ANTENNA. Any device used to transmit and/or receive radio or electromagnetic waves such as, but not limited to panel antennas, reflecting discs, microwave dishes, whip antennas, directional and non-directional antennas consisting of one or more elements, multiple antenna configurations, or other similar devices and configurations, and exterior apparatus designed for telephone, radio, or television communications through the sending and/or receiving of wireless communications signals.

APPLICANT. Any person that submits an application to the City to site, install, construct, collocate, modify and/or operate a Wireless Communications Facility in the Public Right-of-Way. BASE STATION. A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The definition of Base Station does not include or encompass a Tower as defined herein or any equipment associated with a Tower. Base Station includes, without limitation:

i.

Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul that, at the time the relevant application is filed with the County under this Chapter, has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

ii.

Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems ("DAS") and small-cell networks) that, at the time the relevant application is filed with the County under this Chapter, has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

The definition of Base Station does not include any structure that, at the time the relevant application is filed with the County under this Chapter, does not support or house equipment described in paragraphs (i)-(ii) of this definition.

CAMOUFLAGE, CONCEALMENT, OR CAMOUFLAGE DESIGN TECHNIQUES. A Wireless Communication Facility is camouflaged or utilizes Camouflage Design Techniques when any measures are used in the design and siting of Wireless Communication Facilities with the intent to minimize or eliminate the visual impact of such facilities to surrounding uses. A WCF site utilizes Camouflage Design Techniques when it (i) is integrated in an outdoor fixture such as a flagpole, or (ii) uses a design which mimics and is consistent with the nearby natural, or architectural features (such as an artificial tree) or is incorporated into (including, without limitation, being attached to the exterior of such facilities and painted to match it) or replaces existing permitted facilities (including without limitation, stop signs or other traffic signs or freestanding light standards) so that the presence of the WCF is not readily apparent.

COLLOCATION. The mounting or installation of transmission equipment on an Eligible Support Structure for the purpose of transmitting and /or receiving radio frequency signals for communications purposes.

ELIGIBLE FACILITIES REQUEST. Any request for modification of an Existing Tower or Base Station that does not Substantially Change the physical dimensions of such Tower or Base Station, involving:

i.

Collocation of new Transmission Equipment;

ii.

removal of Transmission Equipment; or

iii.

replacement of Transmission Equipment.

ELIGIBLE SUPPORT STRUCTURE. Any Tower or Base Station as defined in this Chapter, provided that it is existing at the time the relevant application is filed with the County under this Chapter.

MONOPOLE. A single, freestanding pole-type structure supporting one or more Antennas.

POLE-MOUNTED SMALL CELL WIRELESS FACILITY. A Small Cell Facility with antenna that are mounted and supported on an Alternative Tower Structure, which includes a Replacement Pole.

PUBLIC RIGHT-OF-WAY or RIGHT-OF-WAY. Any public highway, street, way, alley, sidewalk, median, parkway, or boulevard that is available to public use. Public Right-of-Way does not include paths or trails.

REPLACEMENT POLE. A newly constructed and permitted traffic signal, utility pole, street light, flagpole, electric, light poles or transmission line support tower or other similar structure of proportions and of equal height or such other height that would not constitute a Substantial Change to a pre-existing pole or structure in order to support a WCF or Small Cell Facility or to accommodate collocation and remove the pre-existing pole or structure.

SITE. The area comprising the base of the structure and other related Accessory Equipment deployed on the ground. For WCFs in the public rights-of-way, a Site is further restricted to that area comprising the base of the structure and to other related Transmission Equipment already deployed on the ground.

SMALL CELL WIRELESS FACILITY. A Wireless Communication Facility where each antenna is located inside an enclosure of no more than three cubic feet in volume, or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements that could fit within an imaginary enclosure of no more than three cubic feet; and primary equipment enclosures are not larger than seventeen cubic feet in volume. The following associated equipment may be located outside of the primary equipment enclosure and, if so located, is not included in the calculation of equipment volume: electric meter, concealment, telecommunications demarcation box, ground-based enclosure, back-up power systems, grounding equipment, power transfer switch and cut-off switch. All associated equipment, even if located outside of the primary equipment enclosure, shall be included within the definition of Small Cell Wireless Facility. Small Cell Wireless Facility includes Alternate Tower Structures, Monopoles and Pole-mounted Small Cell Facilities to which Small Cell Wireless Facilities are attached.

SUBSTANTIAL CHANGE FOR ELIGIBLE SUPPORT STRUCTURES. A modification Substantially Changes the physical dimensions of an Eligible Support Structure if after the modification, the structure meets any of the following criteria: (i) for Towers other than Alternative Tower Structures or Towers in the Right-of-Way, it increases the height of the Tower by more than 10 percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater; for other Eligible Support Structures, it increases the height of the structure by more than 10 percent or more than ten feet, whichever is greater; (ii) for Towers other than Towers in the Right-of-Way, it involves adding an appurtenance to the body of the Tower that would protrude from the edge of the Tower more than twenty feet, or more than the width of the Tower Structure at the level of the appurtenance, whichever is greater; for Eligible Support Structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet; (iii) for any Eligible Support Structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or for Towers in the Right-of-Way and Base Stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10 percent larger in height or overall volume than any other ground cabinets associated with the structure; (iv) for any Eligible Support Structure, it entails any excavation or deployment outside the current Site; (v) for any Eligible Support Structure, it would undermine the concealment elements of the Eligible Support Structure; or (vi) for any Eligible Support Structure, it does not comply with conditions associated with the siting approval of the construction or modification of the Eligible Support Structure or Base Station equipment, unless the non-compliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that would not exceed the thresholds identified in paragraphs (i), (ii), and (iii) of this definition. For purposes of determining whether a Substantial Change Exists, changes in height are measured from the original support structure in cases where deployments are or will separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height are measured from the dimensions of the Tower or Base Station, inclusive of originally approved appurtenances and any modifications that were approved prior to February 22, 2012.

SUPPORT STRUCTURE. A structure designed to support Facilities including, but not limited to, Monopoles, Alternative Tower Structures, and other freestanding self-supporting structures.

COMMUNICATION TOWER. Any structure that is designed and constructed primarily built for the sole or primary purpose of supporting one or more any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. The term includes self-supporting lattice towers, guy towers or monopole towers, radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, Alternative Tower Structures and the like.

TRANSMISSION EQUIPMENT. Equipment that facilitates transmission for any FCC licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

WIRELESS COMMUNICATIONS FACILITY OR WCF. A facility used to provide personal wireless services as defined at 47 U.S.C. Section 332 (c)(7)(C); or wireless information services provided to the public or to such classes of users as to be effectively available directly to the public via licensed or unlicensed frequencies; or wireless utility monitoring and control services. A WCF does not include a facility entirely enclosed within a permitted building where the installation does not require a modification of the exterior of the building; nor does it include a device attached to a building, used for serving that building only and that is otherwise permitted under other provisions of the Code. A WCF includes an Antenna or Antennas, including without limitation, direction, omni-directional and parabolic antennas, support equipment, Alternative Tower Structures, and Towers. It does not include the support structure to which the WCF or its components are attached if the use of such structures for WCFs is not the primary use. The term does not include mobile transmitting devices used by wireless service subscribers, such as vehicle or hand held radios/telephones and their associated transmitting Antennas, nor does it include other facilities specifically excluded from the coverage of this Chapter.

3806.01:   Time When Allowed

A temporary construction office may be established at a project site upon issuance of a grading permit or, if no grading permit is required, upon issuance of a building permit for a development project. A temporary construction office shall be removed upon issuance of CO for the final phase of a project or if construction work is suspended or abandoned for a period of 180 calendar days.

3806.02:   Use of Mobile Structure

A temporary construction office may be established in a mobile structure if the structure meets the following criteria:

A.

The structure shall be installed on a permanent or a non-permanent foundation approved by the Building Department prior to occupancy or use.

B.

Any electrical, plumbing and mechanical connections shall be approved by the Building Department prior to occupancy or use.

C.

The structure shall be skirted so that the foundation, water, wastewater and utility connections are screened from view.

D.

No signs shall be painted or posted on the exterior of the structure except signs permitted by the County Sign Regulations (Chapter 9).

3806.03:   Parking

A graveled or paved parking area shall be provided for construction staff and visitors. The size of the parking area shall be determined as a condition of permit approval.

3807.01:   Applicability

The Special Event provisions set forth in this section are only applicable to special events held on property interests not held by Summit County Government. Special events on Summit County roads or property are subject to the regulations set forth in Resolution 2004-90 and herein after amended and such events are administered by the County Open Space and Trails Department.

3807.02:   Temporary Use Permits for Special Events

Special Events are only permitted on properties zoned A-1, and which are a minimum of 20 acres, and in PUDs where authorized in the PUD. Commercial Special Events on properties zoned A-1 with less than 75 people require a Class 2 TUP and for more than 75 people a Class 4 TUP is required. Special Events in PUDs shall be permitted in accordance with the applicable provisions of the PUD. In the event of conflict between these regulations and PUD provisions, the more stringent requirements shall apply. Where the requirements of this section differ from the requirements of Section 12400 et seq., the requirements of this section shall prevail.

3807.03:   Noise

All special events are subject to the noise limitations as set forth in C.R.S. § 25-12-101 et seq. and in accordance with the most similar zone for the location of the special event.

3807.04:   Parking Plan

Parking for special events shall be accommodated on the property where the special event is being held or in a designated and approved parking area. Where parking is proposed off-site, shuttle service shall be provided. The on or off-site parking plan must be approved by the applicable fire protection district or authority.

3807.05:   Trash Control and Removal

Trash receptacles shall be provided in sufficient number and shall be distributed on the event site in order to prevent the accumulation of uncontained rubbish. All outdoor trash receptacles shall either be bear proof or located in an area inaccessible to bears when not being used for the special event. All special events greater than 75 guests shall utilize zero-waste strategies.

3807.06:   Security

The sponsor of a special event shall cooperate with the necessary County agencies, as determined by the Planning Department and including but not limited to the Sheriff's Office, to ensure adequate safety for the participants. The sponsor may be required, depending on the nature of the event, to arrange for law enforcement or private security personnel to be in attendance and to compensate the law enforcement agency or private security company.

3808.01:   Classification of Resorts

A.

Small Scale: A small scale dude ranch resort shall be located on a parcel of at least 20 acres. On parcels having a minimum of 20 acres, no more than ten (10) guests are permitted. On parcels in excess of 20 acres, an additional one-half (0.5) guest/acre for every acre over 20 acres are permitted up to a maximum of 20 guests.

B.

Medium Scale: A medium scale dude ranch resort shall be located on a parcel of at least 20 acres. A maximum of one-half (0.5) guest/acre is permitted.

3808.02:   Required Parking

Small and medium scale dude ranches and resorts shall be provided with parking in accordance with County parking requirements (see Figure 3-7).

3808.03:   Access to Public Land

Where activities require use of public lands or waterways the dude ranch or resort shall abut these lands or have access to them by either a written access agreement or easement across any intervening land, or a public road.

3808.04:   Cooking and Dining Facilities

Full service cooking or dining facilities shall be provided. Full service, central dining facilities shall be provided for all dormitory or lodging room guests and shall only be available for lodging guests of the resort. Individual cabins may be served by kitchens contained within the cabins or by a central dining hall; however cabins shall not be offered for short-term rental separate from the dude ranch operation.

3808.05:   Limitations on Occupancy

Lodging rooms or individual cabins shall not be used for long term seasonal or longer occupancy. Full-time residents shall be limited to the dude ranch or resort owner or manager and their family, or employees.

3808.06:   Compliance with Building and Fire Codes

Where an applicant is requesting a conditional use permit for a dude ranch or resort and the structures proposed to be used were in existence prior to the effective date of this Code, the unit shall be inspected and shall comply with applicable requirements of the Building and Fire Codes prior to issuance of a certificate of occupancy. Where a dude ranch or resort is proposed to be built after the effective date of this Code and a conditional use permit is required for its establishment, the structures to be used shall be constructed in accordance with the Building and Fire Codes and shall receive a CO for the conditional use permit to be valid.

3808.07:   Compatibility with Adjacent Uses

Approval of a conditional use permit for a dude ranch or resort may include conditions as to the location, layout and operation of facilities necessary to ensure compatibility with, and to mitigate adverse impacts on, adjacent properties.

3809.01:   Purpose and Intent

The availability and attainability of housing for local residents and employees is critical to the health, functionality, economy and spirit of the County. Having an adequate supply of suitable and affordable housing options for local residents and employees is important to sustain working-class professionals, year-round service and seasonal resort workers. Therefore, this section of the Code is intended to provide regulations that facilitate the provision of a variety of suitable and affordable housing options for persons residing and working in the County.

This section includes regulations on, and requirements for three categories of housing for local residents and employees: 1) affordable workforce housing, 2) accessory dwelling units, and 3) housing for on-site employees. Housing for on-site employees includes on-site employee housing for commercial/industrial businesses and multifamily residential developments, on-site employee housing for ranching, farming and mining operations in rural areas, and on-site caretaker units. Affordable workforce housing and accessory dwelling units have been broken out separately because they each provide a distinct type of housing for persons generally employed within Summit County, rather than employees working on a particular property or for a particular business.

To ensure that each type of local resident housing is used in the manner intended by this Code, the regulations pertaining to each type of local resident housing, as set forth below, include restrictions unique to that type of housing, and require a deed restriction or restrictive covenant to be recorded restricting the use and occupancy of each housing type in accordance with the applicable regulations.

3809.02:   Affordable Workforce Housing

A.

Purpose and Intent

This section of the Code is intended to provide regulations that facilitate the provision of moderately priced housing to help meet the needs of the locally employed residents of Summit County, and to ensure that such housing is used for its intended purpose. Affordable workforce housing is restricted in ownership, occupancy and/or sale to provide, in a perpetual manner, moderately priced housing to be occupied by local residents. Affordable workforce housing is intended to provide ownership or rental housing for individuals and families residing and employed in Summit County who would otherwise face significant fiscal obstacles in their ability to purchase or rent a market-rate unit in Summit County. Accordingly, such housing is not intended to be occupied by persons who own other real estate or investment properties, and is not intended to serve as a real estate investment. Affordable workforce housing may be permitted on properties that have been authorized for such use through an approval of the County. This section includes regulations on, and requirements for, affordable workforce housing. Affordable workforce housing shall conform to the requirements of this section and the other applicable requirements of this Code.

B.

Diversity Goals in Affordable Workforce Housing Developments

An appropriate mix of housing prices and/or rental rates, building types, home sizes, and bedroom configurations are needed to create diverse neighborhoods, which accommodate a variety of residents, in terms of income, family size and household composition. Therefore, developers are encouraged to provide diversity in affordable workforce housing developments, including:

1.

A range of housing prices and/or rental rates for local residents.

2.

A diverse mix of building types to create variety in architecture (i.e. a mixture of detached single family homes, duplexes, townhouses, etc.).

3.

A variety of home sizes, floor plans and bedroom configurations (i.e. 1-bedroom, 2-bedroom, and 3-bedroom units) to serve a diverse mix of households.

4.

Variety in architecture by using different façade treatments on buildings with similar floor plans.

5.

For development projects that include both market-rate residential units and deed-restricted affordable workforce housing units, the blend of market rate units and affordable workforce housing units may vary according to the design and goals of the development. In some instances it is preferable for market-rate units to be compatible in regards to building materials and exterior style, as well as interspersed throughout the development. However, in other developments it may be appropriate to provide for separation between the market-rate units that do not contain a local residency requirement and deed-restricted affordable housing. Standards for common expenses for affordable workforce housing units included within a project that contains market-rate residential units are set forth in Section 3809.02.F.

C.

Restrictions on Affordable Workforce Housing Units

1.

Deed Restriction Required: Restrictions on the sale, resale, rental (when authorized) and occupancy of affordable workforce housing units must be guaranteed in perpetuity through a deed restriction, or other mechanism acceptable to the County. Prior to County approval of any development containing an affordable workforce housing unit, such deed restriction shall be submitted to the Planning Department for review and approval. Recordation of the approved deed restriction shall occur prior to issuance of a certificate of occupancy for the affordable workforce housing unit. The deed restriction shall be drafted in accordance with the provisions of the Summit County Affordable Workforce Housing Deed Restriction Guidelines, which have been adopted by the Board of County Commissioners and are kept on file in the Housing Department.

D.

Affordability Limits for Affordable Workforce Housing and Exemption from TDR Requirements

Density Calculation for Affordable Workforce Housing Units and Relationship to Transferable Development Rights (TDR) Regulations: Affordable workforce housing, which meets the following criteria shall be exempt from the requirements to bring Transferable Development Rights (TDR) to a site as provided for in Section 3506 of this Code:

1.

The dwelling unit(s) are deed restricted in accordance with the Summit County Affordable Workforce Housing Deed Restriction Guidelines, which are on file in the Housing Department; and,

2.

The dwelling units(s) comply with the following affordability limits for average sales price or rental rate (when authorized) of affordable workforce housing, which are set forth in this Section. The sales price or rental rate (when authorized) shall be calculated in accordance with the methodology set forth in the Summit County Affordable Workforce Housing Deed Restriction Guidelines:

a.

Ownership Housing: Baseline Average Sales Price Maximum of 110% AMI: The average sales price of the units shall not exceed affordability limits (as most recently determined by the U.S. Department of Housing and Urban Development (HUD) specifically for Summit County) for families and individuals at or below 110% of area median income (AMI). While the sales price of individual units may vary, the average sales price of the project, as a whole, shall be set so as to be affordable to households earning no more than 110% of AMI.

b.

Ownership Housing: Average Sales Price to Exceed 110% AMI:

A developer may propose to utilize any of the following options to increase the average sales price:

i.

Provision of a Variety of Price Points: In order to incentive developers to construct units priced at a variety of AMI levels, developers may proposed to price units at an average of up to 120% AMI. In order be considered for this increase in average sales price, a minimum of 50% of the units shall be priced to be affordable to households earning 110% AMI or below, and a minimum of 20% of the required 50% shall be priced at 100% AMI or below.

Projects Furthering County Goals: While the provision of Affordable Workforce Housing is a goal, some Affordable Workforce Housing projects may also further other County goals as stated in Master Plans, proclamations, resolutions, or as otherwise publicly declared by the Board of County Commissioners. As an example, a developer may propose units that exceed the current sustainable building code, and may accordingly be granted the ability to set the sales price for these units above 110% AMI to recoup these costs while also furthering County sustainability goals. A developer proposing an increase in the average sales price above that which is affordable to households making 110% of AMI will be required to demonstrate to the satisfaction of the Review Authority that 1) the increase in AMI is proportional to the increased cost of the project resulting from meeting additional County goals, and 2) the meeting of any additional County goal provides a proportional benefit to the County that outweighs the impact of raising the average sales price.

c.

Rental Housing: Baseline Average Maximum Rental Rate of 100% AMI: The average rental rate of the units (when authorized) shall not exceed affordability limits (as most recently determined by the U.S. Department of Housing and Urban Development (HUD) specifically for Summit County) for households at or below 100% of area median income (AMI). While the rental rates of individual units may vary, the average rental rate of the project, as a whole, shall be set so as to be affordable to households earning no more than 100% of AMI.

d.

Rental Housing: Average Rental Rate to Exceed 100% AMI:

A developer may propose to utilize any of the following options to increase the average rental rate:

i.

Provision of a Variety of Rental Price Points: In order to incentivize developers to construct units offered for rent at a variety of affordability levels, the average rental rate of the units may increase to 110% AMI provided a minimum of 50% of the units are priced to be affordable to households at 100% AMI or below, and a minimum of 20% of the required 50% are priced at 90% AMI or below.

ii.

Provision of Lower AMI Housing: In order to incentivize housing at lower affordability levels, the project may average up to 110% AMI provided a minimum of 30% of the units are priced to be affordable to households at 80% AMI or below.

iii.

Projects Furthering County Goals: While the provision of Affordable Workforce Housing is a goal, some Affordable Workforce Housing projects may also further other County goals as stated in Master Plans, proclamations, resolutions, or as otherwise publicly declared by the Board of County Commissioners. As an example, a developer may propose units that exceed the current sustainable building code, and may accordingly be granted the ability to set the rental rate for these units above 100% AMI to recoup these costs while also furthering County sustainability goals. A developer proposing an increase in the average rental rate above that which is affordable to households making 100% of AMI will be required to demonstrate to the satisfaction of the Review Authority that 1) the increase in AMI is proportional to the increased cost of the project resulting from meeting additional County goals, and 2) the meeting of any additional County goal provides a proportional benefit to the County that outweighs the impact of raising the average rental rate.

3.

The dwelling unit(s) complies with all other applicable regulations of this Code.

E.

Minimum Floor Area Requirements for Affordable Workforce Housing Units

To ensure that a reasonable amount of living space is provided, the following minimum floor area requirements shall be met. Unfinished spaces, such as unfinished basements, shall not be counted toward meeting the minimum floor area requirements. An applicant may request a reduction in minimum floor area requirements in accordance with the chart and criteria below.

The applicant must meet the following requirement:

1.

Significant storage outside the unit must be provided, which shall at a minimum constitute five percent of the size of the unit. However, for some units, particularly larger ownership units, it is encouraged to provide storage in excess of this minimum; and

In addition to the above requirement, the applicant must meet one of the two following requirements:

1.

Design features that improve a home's livability (e.g. an efficient and flexible layout with limited space used for hallways and staircases, ample storage within a unit, laundry within a unit, high ceilings and windows that provide above average natural light); or

2.

Common area amenities such as a community room or workshop space.

F.

Common Expenses within Development Projects and/or Common Interest Communities

The governing documents for any proposed development project or common interest community that contains affordable workforce housing units shall include provisions outlining the property owners association's responsibilities for maintaining the development project in good condition. These provisions shall address the property owners association's responsibility to: (i) provide ongoing maintenance and operational services (i.e. snow plowing, trash removal, lawn care, and insurance) that are funded by monthly dues, and (ii) establish a reserve account to provide for the cost of long term maintenance (i.e. roof replacement, painting, parking lot paving). The establishment of a reserve account to provide for the cost of long term maintenance is critical to prevent undue special assessments that would cause the affordable workforce housing units to be untenable or no longer affordable for local residents. While it is important that development projects be maintained in good condition, it is also recognized that monthly dues and other special assessments can make otherwise affordably priced units unaffordable for locals, particularly in resort areas. In consideration of this issue, when affordable workforce housing units are included within a proposed project that contains predominantly market-rate residential units, the governing documents of the project and/or common interest community shall include a procedure or mechanism to maintain the affordability of assessments for common expenses (i.e. monthly dues and any periodic special assessments) for the affordable workforce housing units. The governing documents for any proposed development project containing affordable workforce housing units shall be reviewed and approved by the County at the time of development review to ensure that the documents contain the provisions and protections required by this section.

3809.03:   Accessory Dwelling Units

A.

Where Permitted: Accessory dwelling units (ADU) are allowed as an accessory use to single-family and duplex dwelling units in County zoning districts as specified in Figure 3-2, and residential PUDs unless prohibited by such PUD. When requested on a lot containing a duplex, the lot must be owned in fee simple by the duplex owner requesting the ADU. Accessory dwelling units are also permitted in single-family dwelling and duplex development in the antiquated zoning districts remaining in effect, including but not limited to the RME and R-25 zoning districts.

1.

Review Process: ADUs shall be evaluated per the Class 1 development review process for single-family lots, and Class 2 development review process for duplex lots, as outlined in Chapter 12. If a PUD allows a ADU, Caretaker Unit, or Accessory Apartment through a Conditional Use Permit Review, unless otherwise stated, the request shall be reviewed through a Class 2 CUP.

B.

Detached Historic Structures: If an applicant is requesting an ADU in a detached historic structure as provided for in this section, the Review Authority must find that the detached ADU meets the criteria to determine the historic nature of the structure as outlined herein.

C.

Other Code Requirements: ADUs shall conform to the requirements of this section and the other applicable requirements of this Code and PUDs (where applicable). An ADU shall not be allowed on the same parcel as a caretaker unit. All other restrictions of this Code, including animal restrictions, shall apply as if to one single-family dwelling. For example, if the zoning district restricts a single-family dwelling to two dogs, the dwelling and the accessory apartment combined shall not have more than two dogs.

D.

Use of Primary and Accessory Units:

1.

General: Either the ADU or the primary residence shall be restricted to long-term rental to Qualified Occupant(s) as defined in the Summit County Housing Deed Restrictions Guidelines (Guidelines) as duly adopted and amended from time to time, long-term occupancy by relatives of the property owner, or persons meeting the retirement eligibility criteria in the Guidelines. Long-term rental shall mean for a period of at least six consecutive (6) months as the sole residence of the occupant. Short-term rental of the restricted unit on the property is expressly prohibited, and the property owner shall not be permitted to occupy the restricted unit. Rental Procedures for Primary and Accessory Units:

a.

At such time that an approved restricted unit becomes vacant, the property owner must immediately make reasonable good faith efforts to rent the unit to a Qualified Occupant.

b.

In the event that the County discovers the restricted unit is not being rented according to the requirements of this section, the property owner shall have 30 days to lease the unit to a Qualified Occupant, and submit a copy of such lease to the County along with the name(s) of the tenants and their places of employment, or show cause as to why such unit has not been leased in accordance with these regulations.

c.

The property owner shall be allowed reasonable, good faith discretion in determining if any prospective tenants are suitable, provided that such discretion is not exercised intentionally or inadvertently in a manner to circumvent the intent of these regulations. However, in making such determination, no discrimination in terms of race, creed, gender, sexual orientation or other protected classifications will be tolerated.

d.

Any restricted unit not properly leased in accordance with these requirements shall be deemed a violation of the ADU approval and a breach of the covenant restricting the unit. The County shall have the ability to pursue any and all remedies necessary to enforce the requirements of this Section, including revocation of the ADU approval, and the County shall be entitled to all costs, including reasonable attorney's fees, incurred in enforcing the same.

2.

Recordation of Covenant: All permits issued for an ADU shall include the requirement that the property owner record a covenant restricting the use and occupancy of the property in accordance with the requirements outlined in this section. The covenant shall grant enforcement power to Summit County or an authorized designee.

E.

Design Regulations.

1.

Where allowed in County zoning districts, an ADU shall be either incorporated into the primary residence on the property or detached from the primary residence, as either a stand-alone structure or associated with a garage or outbuilding. ADUs may also be located in an existing historic detached structure meeting the criteria outlined in Section 3809.03.I; such structures shall be exempt from the design criteria set forth in this subsection.

a.

Building Form: When incorporated into the residence, the exterior shall not resemble a duplex design (i.e., a structure containing two identical, side-by-side primary dwelling units).

b.

Size, Location, and Height of Units: In calculating the floor area of an ADU to determine compliance with this section, any garage space associated with the ADU shall be excluded. When determining if an ADU is incorporated into the primary residence, the ADU must have the same general roof enclosure and/or architecture as the primary residence and be attached to the primary residence through shared walls.

(i)

Incorporated in the Primary Residence: When an ADU is incorporated into the primary residence on lots less than 5 acres, the maximum size of the ADU shall not exceed 1,000 square feet. On lots 5 acres or more in size, the maximum size of the ADU shall not exceed 1,400 square feet.

i.

Exception: When the basement or lower level of an existing home is proposed for conversion to an ADU, the size of the ADU shall not exceed the footprint of the existing basement area.

(ii)

Detached ADUs: When the ADU is detached from the primary residence, the following shall apply:

i.

Size: On lots less than 5 acres, detached ADUs may not exceed 1,000 square feet. On lots greater than 5 acres, ADUs may not exceed 1,400 square feet.

ii.

Location of Detached ADU: In order to ensure that detached ADUs appear subordinate to the primary residence, rather than two single-family homes on one lot, development shall be clustered in close proximity.

iii.

Height: When an ADU is incorporated into the primary residence or an existing detached structure, the height limit is that of the underlying zone district; however when the unit is detached, the height limit for the ADU is restricted to 35 feet.

iv.

Duplex Lot ADU Setback: A detached ADU on a duplex lot shall have a minimum setback of 7.5 feet from the internal or shared lot line.

2.

An ADU shall have a separate kitchen, with cooking appliances consisting of, at a minimum, a fixed cooktop.

F.

Number of Units Allowed.

In zoning districts where ADUs are permitted, no more than one (1) ADU shall be permitted on each parcel.

G.

Water and Sewer.

1.

Central Water and Sewer: If a proposed ADU is located within an area served by central water and sewer, the property owner shall pay additional water and sewer tap fees or other charges for an ADU if so required by the supplier of the water and sewer service. Such tap fees and any charges shall be paid prior to the issuance of a building permit for an ADU.

2.

Well Water: When an ADU is proposed to be served by a well, the applicant shall identify the source they propose to use for the provision of water and, if water augmentation, water leasing or some other legal form of additional water right for the apartment in necessitated, the applicant shall also provide written confirmation from the entity to provide water that the water augmentation will occur. If a proposed ADU does not have an existing water right (as evidenced by a valid well permit, or court approved water augmentation plan), prior to the issuance of a building permit, the applicant shall submit documentation that they have submitted an application or request for either: 1) a final court decreed water augmentation plan; 2) a water lease; or, 3) some other legal document providing evidence of additional water right for the apartment. Final evidence of adequate water provision shall be provided prior to issuance of Certificate of Occupancy.

3.

On-site Wastewater Treatment System (OWTS): When an ADU is proposed to be served by an OWTS system, the applicant shall ensure that the proposal complies with the requirements set forth by the County's Public Health Department.

H.

Parking.

1.

Required Parking: One parking space is required for studio and one bedroom ADUs. Two parking spaces are required for ADUs with two or more bedrooms. Parking shall be provided only in a designated, paved or graveled area. Parking may be tandem, (outside or in a garage) and no administrative relief from the parking requirements is necessary to allow tandem parking.

2.

Relief from Setbacks: On a single-family lot, one of the required parking spaces may be located within the setback provided it is a minimum of five feet from all property lines and in compliance with Section 3505.13 et seq. of the Code.

I.

Compliance with Building and Fire Codes:

Where an applicant is requesting a Class 1 permit for an ADU and the apartment was in existence prior to 1988, the unit shall be inspected and shall comply with applicable requirements of the Building and Fire Codes prior to occupancy of the ADU. The Review Authority may add a condition that an existing ADU be brought into compliance with the applicable Building Code and Fire Code by a date certain, not to exceed one (1) year after the date of any approval. If this condition is not met, the Review Authority's approval shall be void.

J.

Findings for Approval for ADUs Requiring a Class 2 Review:

An ADU shall be established and occupied in a manner that preserves the residential character of the neighborhood where it is located. To reach this intent, the Review Authority may approve an ADU requiring a Class 2 review only if the application meets all relevant regulations and standards set forth in Section 3809.03 et seq. and provided the Review Authority makes the following findings:

a.

The proposed ADU is in harmony and compatible with surrounding land uses and the neighborhood, and would not create a substantial adverse impact on adjacent properties or on services and infrastructure.

K.

Historic Structures Used as ADUs.

Purpose and Intent: Detached older structures used as ADUs can provide benefits. Permitting older detached structures and using them as ADUs can encourage their rehabilitation, preserve the County's heritage and promote the preservation of structures that might have architectural, historical or cultural significance. Moreover, enhancement of property values and the stabilization of historic neighborhoods, farms, ranches and sites can be achieved.

1.

Proof of Historic Nature of Detached, Historic ADUs.

Proof of Historic Nature: An applicant must provide proof of the historic nature of a proposed detached structure for use as an ADU to be exempt from the size maximums in 3809 et seq.; criteria to determine the historic nature of the structure are as follows:

a.

The structure was built prior to 1960; had previously been or is currently being used as a residence; the original, distinctive character is well preserved; and the integrity of setting and materials is retained. Determination as to the date the proposed structure was built and used as a place of residence shall be based on conclusive evidence. Conclusive evidence can be provided through a combination of at least two (2) of the following:

1.

County Assessor data.

2.

Historic records provided by the applicant.

3.

Dated photographs (e.g., aerial or historical).

4.

Official designation on a national, state or local historic registry (e.g., National Register of Historic Places, Colorado State Register of Historic Properties, Summit County Historic Preservation Advisory Board, Summit Historic Society).

5.

Sworn affidavit from someone with personal knowledge of the property.

6.

Other evidence deemed credible by the Reviewing Authority.

2.

Alterations or Rehabilitation to Preserve Character.

Any proposed addition, alteration or rehabilitation to a detached ADU shall generally preserve the original, distinctive character of the building and its site. However, the Review Authority may allow for reasonable changes of the original, distinctive character if such change is being caused by the application of applicable Code requirements, including but not limited to Building Code and Fire Code requirements.

3.

Additional Submittal Requirements.

In addition to the requirements contained in Section 3809.03, a request for a detached ADU shall also be subject to the following requirements:

a.

Presubmittal Meeting: A presubmittal meeting shall be held jointly between a project proponent and the Planning and Building Departments prior to submittal of an application for a detached ADU per the provisions of Section 12000 et seq. The purpose of the meeting is to discuss issues that need to be addressed, appropriate building Code requirements and the review schedule.

b.

Building and Fire Code Reports: A report or analysis regarding appropriate Building and Fire Code requirements shall be submitted by a Colorado licensed design professional. The report or analysis shall indicate the potential need and extent of modifications necessary to the detached ADU to make it habitable per the Building and Fire Codes.

c.

Narrative on How Original, Distinctive Character Will be Maintained: A detailed narrative of how the owner will upgrade the appearance of the proposed detached ADU to preserve the historical integrity and original, distinctive character of the existing building and site shall be submitted.

L.

Relationship to Previous Approvals for Accessory Apartments and Length of Validity.

The County's previous approval of a permit for an accessory apartment is valid so long as the use is authorized under Figure 3-2 and so long as the accessory apartment continues to meet the specific conditions or requirements that were in force or specifically applied to the project by the County's previous approval. The Review Authority's approval of an accessory apartment can be revoked in accordance with the provisions of the recorded covenant and/or Section 12000.19, depending on how the Accessory Apartment was originally processed and approved.

3809.04:   Housing for On-Site Employees

A.

Purpose and Intent

Much of Summit County's economy is tied to the ski industry in the wintertime and conference and convention business, outdoor recreation and construction in the summertime. The work force employed in these industries is typically seasonal, with peak demand in the winter months. Most of the jobs are in the service industry, which has a tradition of being lower paid. At the same time, housing costs in the county tend to be high and choices on housing limited at certain times of the year. Summit County's economy also includes ranching, which employs a lower paid, seasonal work force. It is the intent of the BOCC to encourage the provision of housing for on-site employees by allowing this use in zoning districts and in types of development projects where employees are to be expected. Where housing for on-site employees is provided, it is the BOCC's intent to insure that such housing is used for its intended purpose. On-site employee housing is allowed in County zoning districts as specified in Section 3809.04.B. below and also as listed in Figure 3-2. This section includes regulations on, and requirements for, the following types of housing for on-site employees:

1.

Caretaker units for on-site caretakers in agricultural areas on lots of 20 acres or more, or if allowed in a PUD.

2.

On-site employee housing for commercial/industrial businesses, multifamily residential developments, ranching and farming operations, and mining operations.

3.

Employee housing for ski resorts.

On-site employee housing shall conform to the requirements of this section and the other applicable requirements of this Code.

B.

Types of Housing For On-Site Employees

1.

Caretaker Units for On-site Caretakers: Caretaker units are residential dwelling units occupied by relatives or employees of the owner of the property where the unit is located, who provide security and/or caretaking services on the property. Caretaker units are allowed as either a permitted or accessory use in County zoning districts as specified in Figure 3-2 and may be permitted in a PUD as an allowed use if such use is requested as a part of the creation or modification of a PUD per the zoning amendment process. Caretaker units are also permitted on lots zoned Agricultural (A-1) meeting minimum lot size. Caretaker units shall conform to the requirements of Section 3809.04.F. below and the other applicable requirements of this Code.

2.

On-site Employee Housing for:

a.

Commercial and Industrial Businesses: An on-site employee housing unit for a commercial/industrial business is an accessory dwelling unit, located on the same property as the commercial or industrial business, which is used to house persons employed by the owner of that business. On-site employee housing units for commercial and industrial businesses are permitted in County zoning districts that allow commercial and industrial development, as specified in Figure 3-2. These units are also permitted in commercial and industrial developments in the antiquated zoning districts remaining in effect, including but not limited to the B-1 and B-3 zoning districts, and in PUDs where commercial or industrial development is allowed. These on-site employee housing units can either be incorporated into a commercial/industrial building or located in a separate, freestanding structure on the same property as the commercial/industrial business.

b.

Multifamily Residential Developments: An on-site employee housing unit for a multifamily residential development is a residential dwelling unit within a multifamily development, which is occupied by person(s) who provide on-site management and/or maintenance services for the development (i.e. building and landscape maintenance, housekeeping, etc.) On-site employee housing units for multifamily residential developments are allowed as a permitted use in County zoning districts that allow multifamily development, as specified in Figure 3-2. This type of employee housing unit is also permitted in multifamily developments in the antiquated zoning districts remaining in effect, including but not limited to the R-25 zoning district, and in PUDs where multifamily development is allowed.

c.

Ranching and Farming Operations: On-site employee housing for ranching and farming operations are bunkhouses or hired hand quarters that are provided for temporary, seasonal harvesting crews on a farm or ranch property. On-site employee housing for ranching and farming operations is allowed as a permitted use on A-1 zoned parcels of 35 acres or more and as a conditional use on A-1 zoned parcels less than 35 acres, provided the employee housing is accessory to an active ranching or farming operation.

d.

Active Mining/Milling Operations: On-site employee housing is permitted as an accessory use to active mining/milling operations on parcels in the M-1, I-1 and A-1 zoning districts. On-site employee housing for active mining/milling operations are limited to bunkhouses providing sleeping quarters for employees working for an active mining/milling operation on the property where the bunkhouse is located.

3.

Employee Housing for Ski Resorts: The provisions for employee housing at each of the major ski areas located in the unincorporated area of the County are stated in the PUD designation for the ski resort (i.e. the Copper Mountain and Keystone Resort PUDs).

C.

Incentives for Provision of Housing for On-Site Employees

To encourage the provision of housing for on-site employees, dwelling units which have been restricted by covenant to use as housing for on-site employees in accordance with Section 3809.04.D. below, shall not be counted in calculating the density of a development project (including both dwelling units per acre and total floor area).

D.

Restrictions on On-Site Employee Units

1.

Covenant Required: Prior to issuance of any building permit for an on-site employee housing unit, a covenant restricting the unit to use as housing for on-site employees shall be submitted to the Planning Department for review and recordation, except as provided in this section. On-site employee housing units shall be occupied on a long term basis by on-site employees only and shall not be rented on a short term basis or rented to the general public under any circumstances, except as provided in this section. In the event the on-site units are utilized by occupants that are not employees of the property or PUD, the applicable AMI rental restrictions as defined by this Code shall be utilized. The requirement for long term occupancy by on-site employees and other key requirements of this section shall be stated in the covenant recorded against an on-site employee housing unit.

2.

Exceptions:

a.

Units for Seasonal Agricultural Labor and Activities: Where employee housing has been provided on a farm or ranch for the purpose of housing harvesting crews, such units need not be restricted to long term occupancy, but shall not be used for short-term vacation rental or utilized as a guest unit. When not utilized for seasonal agricultural labor, the unit may be rented long-term to a Qualified Occupant(s).

b.

Removal of Restrictions:

Where a dwelling unit has been restricted by covenant to use as housing for on-site employees, the covenant may be removed by mutual consent of the BOCC, the property owner and any lien holder subject to the following findings:

1.

The retention of the covenant will result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the property owner.

2.

If the employee housing unit becomes an unrestricted unit and is added to the unit count in the project, it will not cause the project to exceed its density limits.

F.

Caretaker Units for On-Site Caretakers

Caretaker units are allowed as either an accessory use in the Agricultural (A-1) zone and as a conditional use in the Mining (M-1) zone districts, and may be allowed if listed as a permitted use in a PUD. Caretaker units shall conform to the requirements of this section and the other applicable requirements of this Code, including review process as set forth in Chapter 12.

1.

Use of Primary and Caretaker Unit

a.

General: Caretaker units shall be occupied on a full-time basis for a minimum of six consecutive months by relatives or employees of the owner of the property where the unit is located, who provide security and/or caretaking services on the property, Qualified Occupant(s) as defined in the Summit County Housing Deed Restrictions Guidelines (Guidelines) as duly adopted and amended from time to time, long-term occupancy by relatives of the property owner, or persons meeting the retirement eligibility criteria in the Guidelines. Caretaker units shall not be used as guest quarters, occupied by the property owner, or rented on a short-term basis.

b.

Recordation of Covenant: Approval of a caretaker unit shall include the requirement that the property owner record a covenant restricting use of the unit in accordance with this section. The covenant shall grant enforcement power to Summit County.

2.

Design Regulations

a.

A-1 Zoning District:

(i)

Caretaker Units are not allowed on non-conforming A-1 parcels less than 20 acres in size.

(ii)

On A-1 parcels between 20 and 35 acres, Caretaker Units shall follow the design regulations for ADUs on lots in excess of five acres as outlined in Section 3809.03.E.

(iii)

On A-1 parcels of 35 or more acres, a caretaker unit may additionally be located in a recreational vehicle, where the recreational vehicle is located at least 300 feet from any property line and, where practical, is screened from view from any street or highway abutting the property.

b.

M-1 Zoning District: A caretaker unit may be located on a parcel in the M-1 Zoning District where an active mining operation is being conducted. The size of the caretaker unit is not prescribed; however, an active mining operation must be established prior to construction of any caretaker unit. The caretaker unit may be located in a freestanding residence, or where the mining operation is seasonal, in a recreational vehicle provided the recreational vehicle is not located on the property for more than six months each year.

c.

PUDs That Allow Such Units: Unless otherwise specified by the PUD designation, Caretaker Units shall conform to the design standards for ADUs as stated in Section 3809.03.E.

3.

Number of Units Allowed

a.

A-1 Zoning District: No more than one caretaker unit shall be permitted for each primary dwelling unit allowed.

b.

M-1 Zoning District: No more than one caretaker unit shall be permitted for each mining operation.

c.

PUD Zoning District: The number of caretaker units allowed shall be governed by the PUD designation, and in no event will the number exceed more than one unit per parcel.

d.

Other Zoning Districts: In other zoning districts where caretaker units are permitted, no more than one caretaker unit shall be permitted on each parcel.

e.

Relationship to ADUs or Accessory Apartments: A caretaker unit shall not be allowed on the same parcel as an ADU or Accessory Apartment.

4.

Water and Sewer Service

Prior to approval of a caretaker unit, the property owner shall pay additional water and sewer tap fees and charges for a caretaker unit if so required by the supplier of the water and sewer service. If a well and septic system are proposed to serve a caretaker unit, the provisions of Sections 3809.03.E.2 and 3 shall be applied to the caretaker unit.

5.

Parking

Each caretaker unit shall be provided with parking in accordance with County parking requirements (see Figure 3-7).

6.

Compliance with Building and Fire Codes

Where an applicant is requesting a caretaker unit per the provisions of this Code or a PUD and the unit was in existence prior to the effective date of this Code, the unit shall be inspected and shall comply with applicable requirements of the Building and Fire Codes prior to any Certificate of Occupancy if so required by the Review Authority. Where the caretaker unit is proposed to be built after the effective date of this Code, the unit shall be constructed in accordance with the Building and Fire Codes and shall receive a CO for the conditional use permit to be valid.

3810.01:   Categories of Home Occupations

A.

Definition: Home occupations, for the purpose of this section, are certain limited commercial enterprises that are conducted by a person in his or her residence, or on the same lot as his or her residence.

B.

Types of home occupations: Home occupations, for the purpose of this section 3810, are separated into three main categories, as follows:

1.

Accessory Use Home Occupations: Home occupations that comply with the criteria listed in sections 3810.05.A and 3810.05. B are classified as Accessory Use Home Occupations.

Examples of accessory use home occupations may include, but are not limited to such uses as:

a.

Computer software developer/consultant;

b.

Internet web page designer; and,

c.

Telemarketer.

2.

Low impact home occupations: Home occupations that comply with the criteria listed in sections 3810.05.A and 3810.05.C are classified as Low Impact Home Occupations.

Examples of low impact home occupations may include, but are not limited to such uses as:

a.

Portrait photographer/artist;

b.

Architect;

c.

Electrician or Plumber;

d.

Civil, electrical or mechanical engineer; and,

e.

Home childcare (limited to not more than nine (9) children, including infants and the children of the residents of the premises). Notwithstanding the foregoing, these regulations neither expressly not implicitly exempt any home childcare operation from any permitting process required by Summit County, the State of Colorado, or any other applicable jurisdiction, as the same applies specifically to child care operations.

3.

Moderate Impact Home Occupations: Home occupations that comply with the criteria listed in sections 3810.05.A and 3810.05.D are classified as Moderate Impact Home Occupations.

Examples of moderate impact home occupations may include, but are not limited to such uses as:

a.

Furniture repair;

b.

Small equipment repair;

c.

Doctor or Dentist; and,

d.

Any home childcare operation consisting of more than nine (9) children at any time, including infants and the children of the residents of the premises is considered a moderate impact home occupation and subject to conditional use permit review. Notwithstanding the foregoing, these regulations neither expressly not implicitly exempt any home childcare operation from any permitting process required by Summit County, the State of Colorado, or any other applicable jurisdiction, as the same applies specifically to child care operations.

3810.02:   Application for Home Occupation Approval

If a home occupation is operated as an accessory use home occupation, in compliance with Sections 3810.05. A and B, a permit is not required. All home occupations that do not meet the criteria to be classified as an accessory use home occupation, Sections 3810.05. A and B, must apply for approval to the Planning Department. For those accessory use home occupations meeting the requirements of Sections 3810.05. A and B for which a business license is required, the review of the home occupation will be performed in conjunction with the business license review. Home occupations classified as low impact home occupations meeting the criteria in Sections 3810.05.A and C will be reviewed through the Class 2 review process. Home occupations classified as moderate impact home occupations meeting the criteria in Sections 3810.05.A and D will be reviewed through the Class 4 CUP review process. An applicant may request approval under any of the three types of home occupations stated in Section 3810.01.B. The Planning Department shall make the final determination regarding the appropriate type of home occupation being requested. Appeals of this determination shall be processed in accordance with section 13200 of this Code.

3810.03:   Administrative Planning Approval

A.

The Planning Department may approve any low impact home occupation on an administrative basis. Low impact home occupations may be subject to any additional conditions of approval as a part of the Planning Department's administrative approval in order to ensure that the criteria set forth herein, and the purpose and intent of this section 3810, are met and adhered to.

B.

All home occupations approved on an administrative basis by the Planning Department shall maintain such operation in accordance with the category status for such activities which approval was premised upon. Any failure to maintain such limitations on the scope and impact of the operation shall be considered a violation of this Code and subject the operating party to Code enforcement action.

3810.04:   Conditional Use Permit

A.

In order for any moderate impact activity to be recognized as a valid and legal home occupation, the person conducting this home occupation must first file a home occupation application with the Planning Department and obtain a conditional use permit per Section 12300 of this Code.

B.

All conditional use permits shall be issued contingent upon continued compliance with the standards set forth in this section 3810, and all other applicable Code requirements, and shall be issued for an initial duration of five years, with the opportunity for administrative renewal as set forth below in section 3810.06. Nevertheless, the Review Authority may impose a shorter duration of approval to determine if the applicant maintains compliance with the conditions and criteria of approval.

3810.05:   Performance Standards

A.

General: In order for any accessory use home occupation activity to be recognized as valid and permissible, the following performance standards shall be met in addition to those specific to the type of home occupation permit being applied for:

1.

The home occupation activity shall not result in any objectionable noise, fumes, dust or electrical disturbance, as shall be determined by the Planning Department in its sole discretion.

2.

No motor vehicles equal to or greater than thirty three (33) feet in length, or 15,000 pounds gross vehicle weight, nor any tractor trailer vehicle containing more than fourteen (14) surface tires, are permitted to enter, leave, or be stored on any property where a home occupation is conducted. The location of the home occupation shall not interfere with the provision of mandatory parking spaces for that property, pursuant to the Code.

3.

No home occupation may be operated as a center for retail sales, and no such activity may include any display of goods or advertisement for sale meant to entice the public to pursue such retail sales, any stock in trade, or any other commodities.

4.

All primary home occupation activities shall be contained within an enclosed building, and all associated activities may be subject to effective screening and mitigation as determined appropriate by the Planning Department or other Review Authority.

5.

The person(s) conducting the home occupation must reside in his or her primary residence, and all home occupation activities must remain incidental and secondary to the use of the property for residential purposes.

6.

The amount of space used for the home occupation activity shall at no time exceed 25% of the total building square footage contained on the property, inclusive of all structures located thereon. This provision does not apply to home day care.

7.

The Review Authority, if applicable, in its sole discretion, may impose any additional conditions of approval upon any conditional use permit in order to ensure that the criteria set forth herein, and the purpose and intent of this section 3810, are met and adhered to.

B.

Accessory Use Home Occupation:

The following performance standards must be met in addition to the performance standards for an accessory use home occupation:

1.

The use is conducted entirely within the interior walls of the premises.

2.

The use involves no employees other than the occupant(s) of the residence.

3.

There are no customer visits to the premises.

4.

The use does not generate additional traffic impacts, parking impacts, or impacts on adjacent properties other than what would normally be expected in a residential development.

5.

The use does not include any nonresidential outdoor storage associated with the home occupation.

6.

The use does not include any signage for the home occupation.

C.

Low Impact Home Occupation Permit:

The following performance standards must be met in addition to the performance standards for a low impact home occupation permit to be approved:

1.

The use is conducted entirely within the interior walls of the premises. This provision does not apply to home day care.

2.

The use involves only the residents of the premises as employees, and not more than one additional individual at any time, regardless of whether such individual is acting as an employee, independent contractor, officer, agent, partner, volunteer, or any person serving in any other capacity for the direct furtherance of and performance of the home occupation activity.

3.

The use generates no traffic volumes exceeding that produced by the dwelling unit by more than 16 average daily trips or a maximum of 30 trips during any 24-hour period. This provision does not apply to home day care.

4.

In platted subdivisions, no more than one vehicle associated with the use, registered as a passenger vehicle, light truck, recreational truck, or farm truck may be parked outside on the property.

5.

The use may include the provision of products or services to clients on site, but shall not allow for the point of sale conveyance of any goods or products to any customer on site per section 3810.05.A.4.

6.

Any low impact home occupation seeking the allowance for non-residential outdoor storage, in accordance with §3815 of this Code, shall apply for a Class 2 application concurrently with and contingent upon approval of the home occupation application.

7.

Any signs advertising a home occupation activity must first be reviewed and approved in accordance with the Summit County sign regulations contained in Chapter 9 of this Code.

D.

Moderate Impact Home Occupation Permit:

The following performance standards must be met in addition to the performance standards for a moderate impact home occupation conditional use permit to be approved:

1.

All primary home occupation activities shall be contained within an enclosed building, and all associated activities may be subject to effective screening and mitigation as determined appropriate by the Planning Department or other Review Authority.

2.

The use involves only the residents of the premises as employees, and not more than one additional individual at any time, regardless of whether such individual is acting as an employee, independent contractor, officer, agent, partner, volunteer, or any person serving in any other capacity for the direct furtherance of and performance of the home occupation activity.

3.

The use may generate traffic volumes which exceed that produced by the dwelling unit by more than 16 average daily trips or 30 trips during any 24-hour period but shall not be so significant it will not result in significant adverse impacts to the adjacent neighborhood.

4.

Any moderate impact home occupation seeking the allowance for non-residential outdoor storage, in accordance with §3815 of this Code, shall apply for a Class 2 application concurrently with and contingent upon approval of the home occupation application.

5.

In platted subdivisions, no more than two vehicles associated with the use, registered as a passenger vehicle, light truck, recreational truck, or farm truck may be parked outside on the property.

6.

The use may provide services to clients on site, and the point of sale conveyance of goods or products to a customer on site, subject to the limitations on such sales set forth in section 3810.05.A.4 of the Code.

7.

Any signs advertising a home occupation activity must first be reviewed and approved in accordance with the Summit County sign regulations contained in Chapter 9 of this Code.

3810.06:   Length of Validity/Permit Renewal

Permit validity for any home occupation permit shall be in accordance with Section 12000.17. Upon a permit holder's demonstration, to the satisfaction and approval of the Planning Department, that all conditions and performance standards set forth in the initial permit have been complied with for the duration of said permit, permits for home occupation activities may be renewed for a period of up to five (5) years. Renewal of such permits may be approved pursuant to the standards and procedures set forth in Section 12000 of the Code.

3810.07:   Permit Transferability

No conditional use permit for a home occupation may be transferred upon sale or lease of the subject property, nor may such permit be otherwise assigned or sold to another person and/or business. Any new landowner or lessee desiring to continue the home occupation activity at issue must apply for a new conditional use permit.

3810.08:   Permit Revocation of Home Occupation Permits

A.

If, upon review at any time, the Planning Department determines that the permit holder has failed to comply with any of the performance standards, conditions or restrictions imposed by this section 3810, by the home occupation permit itself, or by the representations and assertions made by the applicant in his or her initial permit application, the Planning Department may take such action as is deemed necessary to remedy the noncompliance, including but not limited to revocation of the permit.

B.

The administrative decision to revoke such permit shall be made only after the issuance of notice to the permit holder regarding the asserted noncompliance, and the provision of an opportunity for the permit holder to make a formal response, within ten (10) days of receipt of notice, to the Planning Department regarding any asserted noncompliance. Any decision by the Planning Department to revoke the permit may be appealed to the Summit County Board of County Commissioners within 10 days of receipt of written notice of such revocation, otherwise that decision shall be final and not subject to appeal. All appeals shall be heard at the first public hearing of the Summit County Board of County Commissioners that is scheduled no less than fourteen days after an appeal is filed by the permit holder.

3810.09:   Appeal Procedure for Denial of Permit

If the application for a conditional use permit is denied, the applicant may appeal that decision to the Board of County Commissioners within 10 days of receipt of written notice of such denial, otherwise the permit denial shall be final and not subject to appeal. All decisions by the Planning Commission may be appealed to the Summit County Board of County Commissioners, pursuant to the applicable appeal procedures set forth in section 13200 of the Code.

3812.01:   Nonconforming Mining/Milling Activities (Grandfathered)

A.

Legal, Non-conforming Mining or Milling: Mining and/or milling operations conducted pursuant to a permit that was issued by the State of Colorado Mined Land Reclamation Board under the following regulations prior to the adoption of the County's Mining Regulations on January 26, 2004, or pursuant to amendments of such a permit even if the date of the amendment is subsequent to January 26, 2004, are deemed to be legal nonconforming uses for which a permit under this section 3812 is not required: the Mineral Rules and Regulations for Hard Rock/Metal and Designated Mining Operations (2 CCR 407-1) governing Section 110, Section 111, Section 112, and Designated Mining Operations; Coal Mining Regulations (2 CCR-407-2); and Construction Materials Regulations (2 CCR-407-4).

B.

Illegal, Non-conforming Mining or Milling: Any mining/milling operation that does not satisfy the requirements of Section A above, or any expansion that constitutes a material modification of a preexisting, legal nonconforming mining/milling operation that has not been permitted, whether pursuant to the original permit or an amendment thereof, by the State of Colorado pursuant to the regulations listed in subsection A above, shall be an illegal nonconforming use. Any such illegal uses shall be subject to an immediate enforcement action, including but not limited to the mitigation of any adverse impacts in accordance with the County's Mining Regulations, land use development criteria, and any other applicable law, rule or regulation.

3812.02:   Zoning Designations for Mining Operations

A.

M-1 Zoning District: Mining operations are permitted in the M-1 Zoning District.

B.

BC Zoning District: Mining operations in the BC Zoning District are only permitted pursuant to a Section 110 limited impact permit ("110 Permit") issued by the State Mined Land Reclamation Board ("MLRB"). At the discretion of the Planning Director, mining operations not covered by a Section 110 permit may be permitted in the BC Zoning District with a conditional use permit when such operations are specifically tied to the purposes of reclaiming historic mining impacts and/or improving habitat or the natural environment.

C.

A-1 and I-1 Zoning Districts: Mining operations are permitted in the A-1 and I-1 zoning districts with approval of a conditional use permit.

3812.03:   Zoning Designations for Milling Operations

A.

Milling operations are permitted in the M-1 Zoning District.

B.

Milling operations are not allowed in the BC Zoning District.

C.

Milling operations are permitted in the A-1 and I-1 zoning districts with approval of a conditional use permit.

3812.04:   Applications for Mining/Milling Permits

The following regulations and criteria are not intended to conflict with, or supersede reclamation activities as permitted by and governed under the Mined Land Reclamation Act. Rather, all mining and/or milling operations shall be subject to a land use review by the appropriate Review Authority to ensure, to the extent authorized by law, and in concert with the MLRA, that such operations are located and conducted in such a manner as to prevent significant adverse impacts on the public health, safety, and welfare of Summit County. All new mining/milling operations and illegal, non-conforming operations as defined above in Section 3812.01B shall submit an application for a permit.

A.

Application Procedures:

1.

Application for a Mining/Milling Permit where mining/milling is a permitted use shall be processed as a Class 2 Review.

2.

Applications for a Mining/Milling Permit where mining/milling is allowed as a conditional use shall be processed per the review procedures generally applicable to the issuance of conditional use permits as set forth in Section 12300 et seq., and include the criteria as set forth in Section 3812.04(C), below.

The words and terms used in this section shall have the meanings as may be expressly defined in this Code.

B.

Application Requirements:

1.

All applications for mining and/or milling permit shall demonstrate compliance with all applicable State and Federal regulatory schemes applicable to the proposed operation. In order to achieve efficiency and to avoid duplicative efforts, to the extent practicable applications should be processed concurrently with other permit applications required by other jurisdictions. Such compliance will include:

a.

Permit approval from the Colorado Division Reclamation, Mining, and Safety; including, as needed, the Permit application and exhibits submitted to the DRMS as required per the rules and regulations implementing the Colorado Mined Land Reclamation Act, the Colorado Land Reclamation Act for the Extraction of Construction Materials, the Colorado Surface Coal Mining Reclamation Act, and any other applicable rules or regulations;

b.

As needed, evidence of compliance with all requisite Federal and State air quality rules and regulations;

c.

As needed, evidence of compliance with all requisite Federal, State, and local water quality rules and regulations.

2.

For mining/milling operations a forest management/fuels reduction plan shall be prepared pursuant to the requirements of Section 8101.D et seq. of this Code unless waived by the Planning Director when the specific conditions and individual circumstances (i.e. slope, aspect, vegetation types, availability of firefighting infrastructure, and other relevant factors as identified in the Summit CWPP), of a given project do not warrant imposition of this requirement.

3.

Appropriate fees, as determined by the adopted development review fee schedule, for review of a mining/milling operation conditional use permit request shall be applied to the applicant. If the time required for review of a particular submittal exceeds the typical rate because it is especially complex or because of delays caused by the applicant, the Planning Director may levy an additional fee to cover the County's cost of review and the Planning Director may require payment of such fees prior to consideration of the case by the decision-making body.

C.

Criteria to be Met:

1.

Any application for a mining and/or milling operation permit may only be approved if the specific and cumulative impacts of the proposed operations will have no significant adverse impact on the health, safety, and welfare of Summit County and also satisfy the general criteria for a conditional use permit as provided for in Section 12302.04. In addition, the proposed mining and/or milling permit application shall meet the following specific criteria.

2.

The proposed operation shall be compatible with adjacent residential, commercial, industrial, agricultural, public or recreational land uses.

3.

The proposed operation will have no significant adverse impact on the environment, including any areas containing significant environmental resources or attributes, with specific emphasis on the following:

a.

Air quality

b.

Surface and ground water quality

c.

Visual and scenic quality

d.

Noise

e.

Terrestrial and aquatic animal life or plant life

f.

Wetlands and riparian areas

g.

Areas of paleontological, historic or archaeological importance

4.

The proposed operation will not degrade any substantial sector of the local economy in the vicinity of the operation, including any recreational opportunities or experience.

5.

The proposed operation is not subject to or will not subject others to significant risk from natural hazards including soil stability, geologic hazards, or wildfires.

D.

Mitigation:

1.

In the event the Review Authority determines that the proposed operation will result in significant adverse impacts on the health, safety, and welfare of Summit County, the proposal may nonetheless be approved if adequate mitigation measures or conditions can be imposed that adequately abate such impacts, so long as such measures do not conflict with applicable state and Federal regulatory authorities.

E.

Bond Requirements:

1.

Prior to issuance of a conditional use permit, the operator shall post an acceptable financial guarantee in an amount to be determined by the Planning or Engineering Department sufficient to ensure the following:

2.

Reclamation or revegetation of areas outside the state permit boundaries which have been disturbed or impacted by mining/milling operations. Reclamation of areas permitted through the DRMS per C.R.S. §34-32-109(3), 34-32.5-109(3), or 34-33-113 are not subject to any financial guarantee under this section of the Code.

3.

Repair of damage to infrastructure such as private or public roads and associated drainage facilities, water, sewer and utility lines, or irrigation ditches located outside the state permit boundaries where the mining operation is located.

3812.05:   Prospecting

For the purposes of this section, prospecting shall be defined as the act of searching for or investigating a mineral deposit. "Prospecting" includes, but is not limited to, sinking shafts, tunneling, drilling core and bore holes and digging pits or cuts and other works for the purpose of extracting samples prior to commencement of development or extraction operations, and the building of roads, access ways, and other facilities related to such work.

A.

All prospecting activities resulting in a net disturbance of more than 500 sq. ft. shall be submitted to the Review Authority for a determination that the proposed activities will be performed in a manner that will not result in significant adverse impacts on the health, safety, and welfare of Summit County, as set forth in and in compliance with Section 3812.04 above. A grading and excavating permit shall be required per Section 6200 et seq. for any operation subject to this subsection A.

B.

Prospecting activities noticed, and authorized under the MLRA shall not be subject to the above review and determination of impact by Summit County.

3812.06:   Compliance and Enforcement

A.

Compliance: All mining/milling operations and/or activities shall comply with all other applicable provisions of this Code and the Building Codes.

B.

Violations and Revocation: Upon the occurrence of any violation of; 1) the Development Code, 2) the Building Code, 3) a condition, land use development criteria, safeguard, commitment of record required by the Review Authority as a part of mining/milling conditional use permit, 4) Federal or State permit requirement or regulation, or 5) a permit suspension by the MLRB, the County may institute an enforcement action. Prior to any permit revocation, suspension, or other action as provided for in this section, an Owner/Operator deemed to be in violation of any provision of this Code may be afforded the opportunity for a public hearing before the BOCC after due notice and an opportunity to address the allegation of the violation. The enforcement remedies of this section shall be in addition to any other remedy or action as may be authorized by law.

3812.07:   Amendments, Revisions and Conversions

In the lifespan of a mining/milling operation, additional improvements and/or expanded activities may be proposed by an operator that were not included or considered in the original permit or in a grandfathered (legal nonconforming) operation and thereby constitute a material modification of the original permitted or legal nonconforming operations. Prior to commencing any such improvements or activities, the Owner/Operator shall provide notice to the Planning Department that such improvements and/or expanded activity are being proposed. Approved permit amendments to state permits shall be submitted to the review authority to ensure that the expanded activity and/or improvements are in compliance with the Code; provided, however, that a new permit shall not be required for amendments of permits for grandfathered mining and/or milling operations governed by Section 3812.01A.

3812.08:   Exemptions

The following types of excavations and operations are not considered mining or milling operations and are exempt from these mining/milling regulations; provided, however they are not exempt from any other regulations in this Code:

A.

Construction materials: Extraction and use of construction materials within a defined project area that is subject to a development approval from Summit County for the purpose of constructing a residential, commercial or industrial structure not otherwise associated with mining or milling operations. Examples include building or subdivision developments, foundation excavations, utility or roadwork, water or road tunnel developments and landfill sites.

B.

Agricultural excavations: Extractions or excavations related to bona fide agricultural operations are not considered mining or milling operations.

C.

Dredge spoils:

1.

Extraction of dredge spoils two (2) feet or more above ground water.

2.

Screening of such dredge spoils on site.

3.

Trucking of dredge spoils off site.

3813.01:   Zoning Districts Permitting Outdoor Display of Art

The installation and display of outdoor artwork is a permitted use in any of the County's zoning districts with the following limitations:

A.

A-1, BC, and All Residential Zoning Districts:

1.

Size and Height Limitations: For lots of less than 35 acres, a work of art shall not exceed one-half (½) the height limit for residences for the zoning district where the work is to be located and may be placed in required setbacks. The ground area covered by a work of art shall be determined by drawing vertical lines from the most outward extensions of the artwork to the ground level, and then connecting these points. The square footage contained in the ground area shall not exceed ten percent (10%) of building the coverage limitation on the parcel where the artwork is to be located. Parcels of 35 or more acres in the A-1 Zoning District are exempt from any regulation of outdoor artwork, except that such artwork shall not exceed one-half (½) the height limits for residences for the zoning district.

2.

Safety Requirements: Placement of a work of art shall not obstruct vehicular or pedestrian traffic patterns, and shall not interfere with traffic control or snowplowing. The location and method of installation shall not threaten public safety. The property owner shall assume all responsibility for meeting safety requirements and shall assume all liability associated with the installation and display of artwork on their property.

B.

CN, CG and I-1 Zoning Districts: In commercial and industrial zoning districts, placement of outdoor artwork shall be subject to approval of a conditional use permit by the Planning Commission. The size, location and extent of the artwork shall be determined as part of the approval of the conditional use permit. In reviewing conditional use permit applications for outdoor artwork, the Planning Commission shall use the criteria stated in Section 3813.02.

3813.02:   Conditional Use Permits for Artwork

The general procedures for review and action on conditional use permits are stated in Section 12300 et seq. The following criteria shall be used in reviewing conditional use permit applications for outdoor display of artwork.

A.

Effect of Display: The outdoor display of art, especially in commercial and industrial zoning districts, shall have the effect of adding to the aesthetics of the property.

B.

Location of Display: Placement of outdoor artwork in areas that are pedestrian oriented is encouraged. Outdoor artwork shall not be placed so as to cause a hazard to pedestrian or vehicular traffic.

C.

Size and Scale: Attention shall be given to the size and scale of an outdoor artwork in relation to the scale of buildings on the site where it is to be located, and in relation to surrounding land uses. An outdoor artwork shall not overwhelm its location or create a significant visual impact.

D.

Method of Installation: Outdoor artwork shall be placed on a permanent base that has a finished appearance and is compatible in terms of materials and design with the structures on the property where it is located.

E.

Compliance with Other Code Requirements: The outdoor display of art shall comply with all applicable requirements of this Code, including but not limited to the design and safety provisions contained in Section 3813.01.

3814.01:   Zoning Districts Permitting Outdoor Display of Merchandise

Outdoor display of merchandise is permitted in the CG and CN zoning districts only, except as otherwise provided in this section.

3814.02:   Scope of Display

The outdoor display of merchandise shall show customers samples of products available and shall not display the merchant's entire line or supply of goods.

3814.03:   Location of Display

Outdoor merchandise displays shall not be placed in required setbacks, driveways, parking spaces required to be provided by these regulations or in landscaped areas. Such displays shall not cause a hazard to pedestrian or vehicular traffic.

3814.04:   Method of Display

The arrangement of merchandise shall be in an organized fashion. Signs shall be in accordance with County Sign Regulations (Chapter 9).

3814.05:   Time Limits

Merchandise shall be displayed only during hours in which the business is open to the public. During hours when the business is closed, merchandise shall be returned to its customary location in an enclosed structure or storage yard.

3814.06:   Zoning Districts Other than Commercial

The outdoor display of merchandise in zoning districts other than CG and CN is permitted as follows:

A.

Garage or Yard Sales: The outdoor displays of merchandise associated with garage or yard sales are permitted on any parcel containing a residence in the A-1, BC, RU, RE, R-1, R-2, R-3, R-4, R-6, R-P and PUD zoning districts, where the garage or yard sale is conducted by the owner or tenant residing on the property and the sale is not conducted as a regular event.

B.

Community Events: The outdoor displays of merchandise at community events such as craft fairs, heritage days or festivals are permitted in any zoning district where such events are permitted. To qualify as a community event, the primary sponsor shall be a community or nonprofit organization rather than a business or merchants association.

C.

Outdoor Vendors: The display of merchandise by an outdoor vendor is permitted in the A-1 Zoning District as provided in Section 3816.

3815.01:   Definitions

The following definitions are provided herein for the sole purpose of interpreting, administering and implementing the County's Storage Regulations. For the purposes of these Storage Regulations only, the definitions set forth herein shall control and take precedence over any definitions set forth in Chapter 15 or other chapters of this Code:

A.

Boat: A vessel for transport by water, constructed to provide buoyancy by excluding water, and shaped to give stability and permit propulsion, and registered as a boat with the State of Colorado. Includes motor and power boats and sailboats.

B.

Eyesore: A motor vehicle that is unlicensed and exhibits one of the following characteristics:

1.

Is partly or completely disassembled.

2.

Has a rusting exterior.

3.

Has missing doors, roof, hood, windshield, bumpers, headlights or tail lights.

4.

Has its engine removed.

5.

Has wheels or tires removed.

C.

Motor Vehicle: A vehicle which is used to transport passengers and goods which is less than 33 feet in length and 15,000 pounds gross vehicle weight and is not designed for use as living quarters on either a temporary, seasonal or permanent basis. Includes automobiles, pickup trucks and vans. Excludes recreational vehicles and park homes.

D.

Nonresidential Storage: The keeping of materials or other items which are not incidental to normal residential use of property including but not limited to merchandise, goods, supplies and equipment related to a business or other nonresidential use.

E.

Park Home: A vehicle having similar characteristics to a recreational vehicle as defined in this section except it is 33 or more feet in length and, unlike other types of recreational vehicles, is often placed on a permanent or semi-permanent basis for extended periods of time in the same location for use as a second home rather than used for travel purposes. Park homes are similar in appearance and function to a manufactured home but do not meet the required length of 40 feet to qualify as a manufactured home.

F.

Recreational Vehicle: A vehicle that is:

1.

Built on a single chassis.

2.

400 square feet or less when measured at the largest horizontal projections.

3.

Self-propelled or designed to be towed.

4.

Less than 33 feet in length.

5.

Not designed primarily for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use. Recreational vehicles include motor homes, travel trailers, camper trailers and truck campers. For the purpose of this section, recreational vehicle shall not include park homes or manufactured homes.

G.

Residential Outdoor Storage: The keeping of any equipment, materials or other items outdoors on property in a residential zoning district where the material or items are incidental to normal residential use of property and are owned by the owner or tenant residing on the property, including but not limited to lawn and garden equipment, snowmobiles, motor bikes, bicycles, snow blowers and other household items, excepting all items defined as rubbish pursuant to Chapter 11.

H.

Utility Trailer: A structure on wheels which can be towed or hauled by another vehicle and used for carrying goods, materials or other items. Includes horse trailers but does not include temporary office trailers.

3815.02:   Residential Outdoor Storage

The regulations in this section are only applicable to residential outdoor storage on parcels of less than 35 acres in the A-1 Zoning District and all parcels in the BC, RU, RE, RME, R-1, R-2, R-3, R-4, R-6, R-25, R-P and MHP zoning districts and areas in PUD, B-1 and B-3 zoning districts allowing residential uses.

A.

Location: On parcels of less than 35 acres but not less than 20 acres in all single-family residential development in the County, areas used for residential outdoor storage shall not be in any required setback. On parcels of less than 20 acres in all single-family residential development in the County, areas used for residential outdoor storage other than for the storage of firewood shall be restricted to the side or rear yard of the property. Use of front yards or required setbacks is prohibited except that firewood may be stored in the front yard other than in the front setback if stacked in an orderly manner. Firewood shall not be stored in unenclosed spaces beneath buildings or structures, or on decks or under eves, canopies, or other projections or overhangs from May 1st until November 1st of each year without being covered by a certified flame-retardant covering. Unenclosed/uncovered storage of firewood shall be located a minimum of 30-feet from any structure between May 1st and November 1st of each year unless waived by the Review Authority when the specific conditions and individual circumstances (i.e. slope, aspect, vegetation types, availability of firefighting infrastructure, and other relevant factors as identified in the CWPP), of a given project do not warrant imposition of this requirement.

B.

Screening: Residential outdoor storage on parcels of 40,000 square feet or less in all single-family residential development and on all parcels in a BC zone district in the County shall be screened, except that firewood that is stacked in an orderly manner shall not be required to be screened. Screening shall be such that items placed in the storage area are not visible from any adjacent lot, road right-of-way, common open space, park or other public area when viewed from the same grade as the area where the storage is to be located by a person of normal adult height (six (6) feet) and of normal visual acuity. Methods of screening may include placing stored items inside a garage or storage shed, using an opaque fence to enclose the storage area or any method approved by the Planning Department which would provide the same degree of screening as an opaque fence. The types and durability of the materials and method used for screening shall be consistent with the character of construction in the neighborhood.

3815.03:   Nonresidential Outdoor Storage in Residential Zoning Districts

The regulations in this section are applicable to the storage of nonresidential items and materials in residential zoning districts.

A.

All Single-family and Duplex Residential Development in the County: The Planning Department shall review and act on the establishment of a nonresidential storage area on any parcel in any zoning district in the County. Nonresidential storage is prohibited on parcels of less than 10,000 square feet in all single-family residential development in the County. Non-residential outdoor storage shall be administratively evaluated by the Planning Department per the applicable requirements of this Code per the Class 2 development review process outlined in Section 12000 et seq. of this Code.

B.

Design Requirements for Non-residential Storage Areas: The regulations in this section shall be met prior to the Review Authority's approval for a nonresidential storage area.

1.

Location: Areas used for nonresidential outdoor storage shall be restricted to the rear yard of the property outside of required setbacks. Use of front or side yards or setbacks is prohibited.

2.

Maximum Area: The maximum area utilized for nonresidential storage, whether contained within a building or structure or outdoors, shall not exceed two percent (2%) of the net site area, up to a maximum of 2,000 square feet, whichever is less.

3.

Maximum Size of Equipment or Materials: No vehicles or equipment stored shall exceed 33 feet in length or 15,000 lbs. gross vehicle weight.

4.

Ownership of Items: All items stored shall either be owned by an owner of the property where they are located or by a tenant residing on the property where they are located. If the items are used in a business, the business shall be owned or operated either by an owner of the property or by a tenant residing on the property where the items are stored.

5.

Screening: All nonresidential storage shall be screened so as not to be visible from any adjacent lot, road right-of-way, common open space, park or other public area when viewed from the same grade as the area where the storage is to be located by a person of normal adult height (six (6) feet) and of normal visual acuity. Methods of screening may include using an opaque wall or fence to enclose the storage area or any other method approved by the Planning Department that would provide the same degree of screening as an opaque wall or fence. The types and durability of the materials and method used for screening shall be consistent with the character of construction in the neighborhood. The height of any fence used to screen an outdoor storage area shall comply with the limits on heights of fences and walls stated in this Code.

6.

Prohibited Materials: The storage of live animals, commercial explosives, flammable liquids, gases or other hazardous materials is prohibited, except that limited storage of fuel may be permitted by the County as a part of a home occupation.

7.

Neighborhood Impact: The establishment or use of a storage area for nonresidential items shall not cause any disruption to the residential character of the neighborhood in which the storage area is located. Neighborhood disruption shall consist of excessive noise, dust, odor, fumes, traffic, adverse visual impact or any other impact that is not compatible with the residential use of surrounding property.

8.

Commercial firewood storage is prohibited in the Immediate and Intermediate defensible space zones and shall be separated from any trees by a minimum horizontal distance of 15 feet at all times unless waived by the Review Authority when the specific conditions and individual circumstances (i.e. slope, aspect, vegetation types, availability of firefighting infrastructure, and other relevant factors as identified in the Summit County Community Wildfire Protection Plan (CWPP), of a given project do not warrant imposition of this requirement.

3815.04:   Commercial, Industrial and Other Non-residential Outdoor Storage in Non-Residential Zoning Districts

A.

Location: In commercial, industrial and other non-residential zoning districts, outdoor storage areas shall be located in the side or rear yard and not in any required setbacks, except that outdoor storage areas may be located in the front yard if no other location is feasible because of structures in place at the time this Code became effective.

B.

Screening: Outdoor storage areas shall be enclosed by an opaque fence. Where the fence around an outdoor storage area includes a gate, the gate shall be constructed of solid materials so as to be opaque. Chain link fences and gates are permitted in the I-1 Zoning District if equipped with wooden slats to create an opaque screen.

C.

Types of Materials: Any type of material or equipment, other than hazardous substances or items defined as rubbish in Chapter 11, may be stored in an outdoor storage area if the storage area meets the location and screening requirements stated in this section.

D.

Commercial firewood storage is prohibited in the Immediate and Intermediate defensible space zones and shall be separated from any trees by a minimum horizontal distance of 15 feet at all times unless waived by the Review Authority when the specific conditions and individual circumstances (i.e. slope, aspect, vegetation types, availability of firefighting infrastructure, and other relevant factors as identified in the Summit County Community Wildfire Protection Plan (CWPP)), of a given project do not warrant imposition of this requirement.

3815.05:   Outdoor Storage in the M-1 Zoning District

A.

Location: Outdoor storage areas shall not be located in any required setbacks. Where property in the M-1 Zoning District abuts property in any residential zoning district or an area of a PUD allowing residential development, storage areas shall be placed at least 100 feet from the boundary between the two zoning districts unless no other location is feasible given the dimensions of the parcel in the M-1 Zoning District.

B.

Screening: Where property in the M-1 Zoning District abuts property in any residential zoning district or an area of a PUD allowing residential development and the outdoor storage area is within 150 feet of the boundary between the two zoning districts, the storage area shall be screened as required for the I-1 Zoning District.

C.

Types of Materials: Any type of material or equipment, other than hazardous substances or items defined as rubbish in Chapter 11, may be stored in an outdoor storage area if the storage area meets the location and screening requirements stated in this section.

3815.06:   Outdoor Storage for Community Facilities and Institutional Uses in Any Zoning District

A.

Location: Outdoor storage areas shall be located in the side or rear yard and not in any required setbacks.

B.

Screening: Outdoor storage areas shall be enclosed by an opaque fence. Where the fence around an outdoor storage area includes a gate, the gate shall be constructed of solid materials so as to be opaque.

C.

Types of Materials: Any type of material or equipment, other than hazardous substances or items defined as rubbish in Chapter 11, may be stored in an outdoor storage area if the storage area meets the location and screening requirements stated in this section.

3815.07:   Outdoor Storage of Motor Vehicles

A.

Parcels of 20 or More Acres: Outdoor parking and storage of motor vehicles on parcels of 20 or more acres is not regulated by this Code, provided that no motor vehicle shall be parked or stored in any required setback except where a parking area or driveway is located within the setback.

B.

Parcels of Less Than 20 Acres: Outdoor parking and storage of motor vehicles is permitted on all parcels that contain less than 20 acres provided the following criteria are met.

1.

Ownership of Vehicles: Stored motor vehicles shall be owned by the property owner, by a guest or relative of the property owner or by a tenant residing on the property.

2.

Size and Weight Limits: Motor vehicles parked or stored shall not exceed 33 feet in length and 15,000 pounds gross vehicle weight.

3.

Condition: Vehicles parked or stored shall be licensed, operable and meet minimum requirements for safety pursuant to C.R.S. § 42-4-202 et seq., except if disabled because of sudden mechanical failure or as otherwise provided in this section. Disabled vehicles shall be removed within 48 hours.

4.

Appearance: If a motor vehicle does not meet the requirements as stated in B.3 of this section, outdoor parking or storage is permitted only if the motor vehicle:

a.

Is covered with a car cover designed and made to fit the vehicle; or,

b.

Is enclosed within a fenced area so as not to be visible from any adjacent lot, road right-of-way, common open space, park or other public area.

5.

Location: Motor vehicles stored or parked outdoors shall be placed in a paved or graveled parking area or driveway. Storage in unsurfaced areas of yards is prohibited. Motor vehicles shall not be stored or parked within any required setback except where a parking area or driveway is located within the setback.

C.

CN, CG, I-1 Zoning Districts and Areas of PUDs and Other Zoning Districts Allowing Commercial or Industrial Uses: Outdoor parking and storage of motor vehicles is permitted in commercial and industrial zoning districts if the following criteria are met.

1.

Location: Motor vehicles stored or parked outdoors shall be placed in a paved or graveled parking area or driveway. Storage in unsurfaced areas on a property is prohibited. Motor vehicles shall not be stored or parked within any required setback except where a parking area or driveway is located within the setback.

2.

Condition: Motor vehicles parked or stored shall be licensed, operable and meet minimum requirements for safety pursuant to C.R.S. § 42-4-202 et seq., except for vehicles:

a.

Awaiting repair at a service station or auto repair shop.

b.

Part of the stock available for sale at an auto dealership.

c.

Located in an enclosed storage yard screened by an opaque fence.

d.

Located in an enclosed building.

e.

Disabled because of sudden mechanical failure.

Disabled vehicles not awaiting repair shall be removed within 48 hours.

D.

M-1 Zoning District:

1.

Location: Motor vehicles stored or parked outdoors shall be placed in a paved or graveled parking area or driveway. Storage in unsurfaced areas on a property is prohibited. Motor vehicles shall not be stored or parked within any required setback except where a parking area or driveway is located within the setback.

2.

Condition: Motor vehicles parked or stored shall be licensed, operable and meet minimum requirements for safety pursuant to C.R.S. § 42-4-202 et seq.

3815.08:   Outdoor Storage of Recreational Vehicles, Boats and Utility Trailers

A.

Occupancy: Occupancy of utility trailers and boats is prohibited, except for boats when launched on a body of water where boating is permitted. Occupancy of recreational vehicles is prohibited except when:

1.

The vehicle is located in an approved recreational vehicle park.

2.

The vehicle is located in the A-1 Zoning District and is being used as a caretaker unit in compliance with the requirements of Section 3809.04.

3.

The vehicle is located in an M-1 Zoning District and is being used as living quarters by a caretaker for an active mining operation in compliance with the requirements of Section 3809.04 et seq.

4.

The vehicle is located on a single-family or duplex lot and is owned and occupied by guests of persons residing on the property provided the recreational vehicle is parked for no more than 30 consecutive days. This provision is only applicable to properties without a short-term vacation rental license; occupancy of recreational vehicles is prohibited on properties with an STR license.

B.

A-1 and BC Zoning Districts: A primary use must be established prior to allowing the accessory use of outdoor parking of recreational vehicles, boats and utility trailers. Outdoor parking and storage of recreational vehicles, boats and utility trailers on parcels of 35 or more acres shall not be parked on stored in any required setback. Recreational vehicles, boats or utility trailers on parcels of less than 20 acres shall comply with the requirements for the residential zoning district, which would allow lot sizes comparable to the size of the parcel in the A-1 or BC zoning districts.

C.

Residential Zoning Districts: A primary use must be established prior to allowing the accessory use of outdoor parking of recreational vehicles, boats and utility trailers. Outdoor parking and storage of recreational vehicles, utility trailers and boats is permitted in the all zoning districts allowing residential development if the following criteria are met.

1.

Ownership of Vehicles: Stored recreational vehicles, utility trailers and boats shall be owned by the property owner, or by a guest, relative, or tenant of the property owner or by a tenant residing on the property.

2.

Size and Weight Limits: Recreational vehicles, utility trailers and boats parked or stored shall not exceed 33 feet in length and 15,000 pounds gross vehicle weight.

3.

Condition: Recreational vehicles, utility trailers and boats parked or stored on a residentially zoned property, shall be licensed, operable and meet minimum requirements for safety, except if disabled because of sudden mechanical failure. The license required shall be appropriate to the type of vehicle. Disabled vehicles shall be removed within 48 hours.

4.

Location:

a.

Single-family and Duplex Lots: Recreational vehicles, utility trailers and boats shall be placed in a paved or graveled parking area or driveway. Storage in unsurfaced areas of yards is prohibited. Storage areas shall not be in front yards or in required setbacks.

b.

Multi-family Developments: Recreational vehicles, utility trailers and boats shall be placed in either a paved or graveled parking area or paved or graveled storage yard. Storage in unsurfaced areas is prohibited. The following standards also apply to the placement of recreational vehicles, utility trailers and boats in multi-family developments:

i.

Use of Parking Spaces: The parking or storage of a recreational vehicle in a parking space is permitted if such use does not interfere with the availability of spaces for motor vehicles. The number of motor and recreational vehicles associated with a unit in a multi-family residential development and parked or stored in the parking area for the development shall not exceed the number of parking places provided for the unit.

ii.

Storage Yards: Storage yards shall be located outside of front yards and required setbacks. Placement of any storage yard shall not conflict with required parking, vehicular and emergency access, pedestrian access, snow storage, drainage, and landscaping or other required site design elements. Storage yards shall be enclosed by an opaque fence, which is a minimum of six (6) feet in height.

D.

CN, CG, B-1, B-3 and I-1 Zoning Districts and Areas of PUDs Allowing Commercial or Industrial Uses or Other Zoning Districts Allowing Non-residential Development: The outdoor parking and storage of recreational vehicles, utility trailers and boats is permitted if the following criteria are met.

1.

Location: Recreational vehicles, utility trailers and boats stored or parked outdoors shall be placed in a paved or graveled storage area or in a paved or graveled storage yard. Parking or storing recreational vehicles, utility trailers and boats in unsurfaced areas on a property is prohibited. Recreational vehicles, utility trailers and boats shall not be parked within any required setback except where a parking area is located within the setback. Storage yards shall not be located in the front yard or in any required setback.

2.

Time Allowed: Recreational vehicles, utility trailers and boats shall remain in place for no longer than 48 hours, except if they are:

a.

Awaiting repair at a service station or repair shop.

b.

Part of the stock available for sale at a dealership.

c.

Located in an enclosed storage yard screened by an opaque fence.

d.

Located in an enclosed building.

3.

Condition: Recreational vehicles, utility trailers and boats parked or stored outside of an enclosed storage yard or enclosed building shall be licensed, operable and meet minimum requirements for safety pursuant to C.R.S. § 42-4-202 et seq., except vehicles awaiting repair at a service station or auto repair shop or if disabled because of sudden mechanical failure. Disabled vehicles not awaiting repair shall be removed within 48 hours.

E.

M-1 Zoning District: The parking or storage of a recreational vehicle on property where an active mining or milling operation is occurring is permitted to provide living quarters for a caretaker or mine operator on a seasonal basis as provided in Section 3809 et seq. The parking or storage of additional recreational vehicles is prohibited.

3816.01:   Location of Vendor

An outdoor vendor shall locate on property owned or leased by the vendor or where he has obtained permission of the property owner. An outdoor vendor shall not locate within any street or highway right-of-way, driveway or aisle way, within 35 feet of a property boundary in the A-1 Zoning District, within a required setback in other zoning districts where outdoor vendors are a temporary use, in any landscaped area or in any parking spaces required by this Code. An outdoor vendor shall not obstruct pedestrian or vehicular traffic or obstruct motorists' vision at access points.

3816.02:   Advertising

Any signs advertising an outdoor vendor shall comply with the County Sign Regulations (Chapter 9).

3816.03:   Parking

Where an outdoor vendor proposes to locate on a site having no existing parking, the outdoor vendor shall be responsible for providing a graveled or paved parking area for customers. The use of gravel is encouraged rather than paving where a vendor will be in operation for only a limited period of time so it is possible to restore the site to its unimproved state when the vendor ceases to operate.

3816.04:   Design of Structure

Any stand, push cart or structure used by an outdoor vendor shall have a finished appearance and be compatible in terms of materials and design with any structures on the property where it is located. The materials and design of structures used by outdoor vendors in the A-1 Zoning District is not regulated by these regulations except that the structure shall be constructed in a workmanlike manner.

3816.05:   Use of Vehicles

The sale of goods from vehicles as provided for in this section is not permitted in any zoning district except on parcels of 35 or more acres in the A-1 Zoning District.

3816.06:   Trash Control

Where an outdoor vendor is distributing products where trash may result, such as the sale of food in disposable containers where the food is intended for immediate consumption, the outdoor vendor shall provide trash containers and make adequate provision for trash control and removal. An outdoor vending site shall be maintained in a clean and sanitary condition.

3816.07:   Temporary Use Permit for Outdoor Vendors

The procedures for review and action on temporary use permits are stated in Section 12400 et seq. Additionally the following criteria shall be used in reviewing temporary use permit applications for outdoor vendors:

A.

Placement relative to existing structures, pedestrian and vehicular circulation or parking areas.

B.

Adequacy of parking.

C.

Adequacy of trash control.

D.

Design of any stand, pushcart, or structure to be used by an outdoor vendor.

E.

Permission of property owner.

F.

Evidence that any required State or local permits, such as Colorado Department of Health permits for food service, have been obtained.

3817.01:   Time When Allowed

A.

Sale of Lots: For projects where lots are to be sold, a temporary real estate sales office may be established at the project site upon recordation of the subdivision plat creating the lots offered for sale.

B.

Unit or Space Sales: For projects where units or floor space are to be sold, a temporary real estate sales office may be established at the project site upon issuance of building permits for the structures in which the units or spaces for sale are to be located.

C.

Removal of Office: A temporary real estate sales office shall be removed if no transfers have occurred during the previous twelve (12) months as shown in the record of document fees maintained by the County Clerk and Recorder. A temporary sales office cannot be reestablished without approval of a new temporary use permit by the Planning Commission. The applicant shall provide evidence of an active marketing program promoting the development and of buyer interest for a new temporary use permit to be issued.

3817.02:   Use of Mobile Structure

A temporary real estate sales office may be established in a mobile structure if the structure meets the following criteria:

A.

Exterior Materials: All exterior materials shall be natural or naturally appearing materials. Where the office is to be used for unit or space sales, exterior materials shall be consistent with the design and finish treatment of the buildings in the project.

B.

Roof Form: Roofs shall be pitched.

C.

Foundation Design: Structures shall be installed on permanent or non-permanent foundations approved by the Building Department prior to occupancy or use.

D.

Required Building Department Inspections: Any electrical, plumbing and mechanical connections shall be approved by the Building Department prior to occupancy or use.

E.

Skirting: Structures shall be skirted so that foundation, water, wastewater and utility connections are screened from view.

F.

Landscaping: The area used for the sales office, parking area and entry drive shall be landscaped in accordance with a plan approved by the Review Authority.

G.

Handicap Accessible: The sales office shall be handicap accessible in accordance with the Building Code and any State or Federal regulations.

H.

Lighting: Lighting shall be designed and installed in accordance with the Lighting Regulations of this Code (Section 3505.07).

I.

Setbacks: The sales trailer and the required parking spaces can be located in the required setbacks provided that allowing such uses does not cause the removal of significant trees that were to be preserved per the Landscaping Regulations and such uses are compatible with present area development.

3817.03:   Parking

A graveled or paved parking area shall be provided for sales staff and customers. The size of the parking area shall be determined by the Review Authority as a condition of permit approval.

3817.04:   Signs

Any sign for a temporary real estate sales office shall comply with the County Sign Regulations (Chapter 9).

3817.05:   Separation from Construction Area

The permit holder shall insure the safety of persons coming to the sales office by creating a separation between the area to be used by the public and the area under construction. Such separation may be established by the installation of fencing or by other methods approved by the Review Authority that provides the same degree of protection as fencing.

3818.01:   Compatibility

Sludge disposal or temporary storage of sludge shall be compatible with surrounding land uses. To ensure compatibility, approval of a conditional use permit for sludge disposal may include conditions concerning the following:

A.

Season when sludge is to be disposed.

B.

Daily hours of operation.

C.

Method of operation during high wind conditions.

D.

Rate of application.

E.

Method of disposal.

F.

Design of storage facility.

G.

Length of time sludge is stored.

3818.02:   Compliance with Regulations

Sludge disposal or temporary storage of sludge shall comply with all applicable Federal, State and County regulations. At the time application is made for a conditional use permit, the applicant shall submit evidence showing he has obtained any required approvals or permits for sludge disposal from these agencies.

3818.03:   Size and Distribution of Sites

The use of small, scattered sites for sludge disposal or temporary storage shall be avoided unless the operator has demonstrated their ability to meet generally accepted standards of management for such operations.

3818.04:   Qualifications of Operator

The management capability of an operator of a sludge disposal site shall be evaluated and conditional use permits shall only be issued to operators who have demonstrated their ability to meet generally accepted standards for the management of sludge disposal sites or who post a financial guarantee acceptable to the County as to its enforceability and liquidity.

3818.05:   Annual Review

Conditional use permits for sludge disposal shall be reviewed by the Planning Commission on an annual basis to ensure continuing compliance with the criteria in this section and any conditions of approval.

3820.01:   Applicability

The content of this section applies to the opening of any type of adult-oriented business or any similar business, including but not limited to the following:

A.

The opening or commencement of any sexually oriented business as a new business.

B.

The conversion of an existing business, whether or not an adult-oriented business, to an adult-oriented business.

C.

The relocation of any adult-oriented business.

3820.02:   Applicant Requirements

Applicants for a conditional use permit to construct and/or operate an adult-oriented business must meet the following requirements:

A.

Any individual applicant must be at least 21 years of age.

B.

Any false statement or information put forth by the applicant will be grounds for denial of a conditional use permit for an adult-oriented business.

C.

If the applicant or any holder of ten percent (10%) or more of any class or stock, or a director, officer, partner or principal of the applicant has had an adult-oriented business license or permit revoked or suspended anywhere in the State of Colorado or has operated an adult-oriented business that was determined to be a public nuisance under State law or this Code, within one (1) year prior to the application, a conditional use permit for an adult-oriented business cannot be approved.

D.

A corporate applicant must be in good standing or authorized to do business in the State.

E.

All taxes imposed against the applicant in relation to an adult-oriented business must be paid prior to approval of any new application for an adult-oriented business.

F.

The applicant must be free of any conviction or nolo contendere plea to any crime involving pandering, prostitution, obscenity or any other crime of a sexual nature, committed in any other jurisdiction, within the five (5) years prior to the date of such application, which would reasonably bring into question the applicant's ability to own and/or operate a sexually oriented business.

3820.03:   Verification of Applicant Information

The County Sheriff's Office shall be responsible for fingerprints and photographs and for investigation of the background of each individual applicant, the partners of a partnership or the officers, directors, holders of ten percent (10%) or more of the stock of a corporation and all managers of the proposed adult business. The investigation conducted by the Sheriff's Office shall verify the accuracy of all information provided by all applicants, as required to be disclosed by Section 3820.02. Each applicant shall pay a non-refundable investigation fee at the time the application is filed in the amount then charged by the State Department of Public Safety for each person who will be investigated. At the conclusion of its investigation, the Sheriff's Office shall indicate whether the required information has been verified via a written, signed and dated communication to the Planning Department.

3820.04:   Length of Validity

Conditional use permits for adult-oriented businesses shall be granted for a period of two (2) years.

3820.05:   Revocation

A conditional use permit for an adult-oriented business may be revoked in accordance with Section 12000.19 if any conditions imposed with approval of the permit are violated. In addition, the revocation process may be initiated upon a finding of any of the following factors:

A.

That repeated disturbances of public peace have occurred within the establishment or upon any parking areas, sidewalks, access ways or grounds within the neighborhood of the establishment involving patrons, employees of the applicant or the applicant him/herself.

B.

That the applicant or any employees thereof have illegally offered for sale or illegally allowed to be consumed or possessed upon the premises or upon any parking areas, sidewalks, walkways, access ways or grounds immediately adjacent to the premises, narcotics, dangerous drugs, fermented malt beverages or any malt vinous or spirituous liquors.

C.

That the applicant or manager or his or her designee is not upon the premises at all times that adult entertainment is being provided.

D.

That adult entertainment was offered at the establishment during prohibited hours.

E.

That the applicant, manager or an employee has allowed patrons to engage in public displays of indecency or has allowed patrons or employees to engage in acts of prostitution or negotiations for acts of prostitution within the establishment or upon any parking areas, sidewalks, access ways or grounds immediately adjacent to the establishment, when the applicant, manager or employee knew or should have known such displays or acts were taking place.

F.

That the applicant is delinquent in payment to the County or State for any taxes or fees past due.

G.

That the applicant, manager or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation or masturbation to occur within the premises.

H.

That on two (2) or more occasions within a twelve-month period, a person or persons committed a crime involving pandering, prostitution, obscenity or any other crime that is connected with operating a sexually oriented business, in any jurisdiction, in which a conviction or plea of nolo contendere has been obtained, and the person or persons were employees of the adult business at the time the offenses were committed.

3820.06:   Transferability

A.

Permits issued under this section shall not be transferable except as provided herein. Any change in the partners of the partnership or in officers, directors or holders of ten percent (10%) or more of the stock of a corporate licensee holding a conditional use permit for an adult-oriented business shall result in termination of the permit unless the applicant files a written notice of change to the Planning Department within 30 calendar days of any such change. The written notice shall include the names of all new partners, officers, directors and all holders of ten percent (10%) or more of the corporate stock who were not previously holders of such amount of stock.

B.

When a permit has been issued to a husband and wife or to general or limited partners, the death of a spouse or partner shall not require the surviving spouse or partner to obtain a new permit. All rights and privileges granted under the original permit shall continue in full force and effect to such survivors for the balance of the permit.

C.

Each permit issued under this section is separate and distinct and no person shall exercise any of the privileges granted under any permit other than that which he or she holds. A separate permit shall be issued for each specific business or business entity and geographical location.

3820.07:   Zoning Districts Where Allowed

Adult-oriented uses are allowed with the approval of a conditional use permit in the CG, CN, I-1, B-1 and B-3 zoning districts or in any PUD on parcels designated for commercial or retail use, as long as the conditions of this section can be met.

3820.08:   Compatibility with Adjacent Land Uses

A.

No adult-oriented business shall be operated or maintained within 1,000 feet of any residentially zoned or used property, school property, church property, licensed day care facility or public park, measured in a straight line, without regard for intervening structures, from the closest property line of the adult-oriented business to the closest wall of any structure housing a residence, school, licensed day care facility or church or the closest property line of a public park

B.

Notwithstanding the distance separations that adult-oriented businesses must follow as set forth in Section A above, any person may apply to the BOCC for a hardship variance. The BOCC may, at its sole discretion, decrease the distance requirement and grant the operation of an adult-oriented business if it determines that a person proposing such an establishment in a particular location cannot meet one or all separation requirements and finds that sufficient buffering protections exist to separate the adult-oriented use from any school, licensed day care facility, public park, church property or any other adult-oriented use so that (a) the impacts of the establishment on adjacent properties is not increased as a result of the granting of the variance; (b) the granting of a variance will not cause substantial detriment to the public health, safety and welfare; and (c) the granting of the variance will not substantially impair the purpose and intent of this Code or any other County ordinance or regulation.

C.

Any adult-oriented business lawfully operating on November 8, 1999, that is in violation of this section shall be deemed a nonconforming use as provided in Chapter 12 of the Summit County Land Use and Development Code.

D.

If two (2) or more adult-oriented businesses are within 1,000 feet of one another and otherwise in a permissible location, the adult-oriented business that was first established and continually operating at the particular location will be deemed to be in compliance with this section and the later established business(es) will be deemed to be in violation of this section.

E.

An adult-oriented business lawfully operating is not rendered in violation of this section by the subsequent location of a residence, school, licensed day care facility, church, public park or residential zoning district within 1,000 feet of the adult-oriented business.

3820.09:   Hours of Operation

No adult-oriented use may be open for business on Sunday. Monday through Saturday operations are restricted to between 4:00 p.m. and 12:00 midnight.

3820.10:   Age Restrictions

Admission to adult-oriented businesses is restricted to persons of the age of 21 years or more during the hours adult entertainment is being presented. This minimum age limitation also applies to any employees, agents, servants or independent contractors working on the premises during the hours such adult-oriented business is open for operation.

3820.11:   Establishment Manager

A.

A registered manager or his or her designee shall be on the premises of an adult-oriented business at all times that adult entertainment is being provided. It shall be unlawful for any person to work as a manager of an adult-oriented business without first registering with the Planning Department. The registration form shall require the applicant to provide his or her legal name and any aliases, home address, telephone number and satisfactory proof that he or she is 21 years of age.

B.

In the event a permit holder changes the manager of an adult-oriented business, the permit holder shall immediately report such change and register the new manager on forms provided by the Planning Department within fourteen (14) calendar days of such change.

3820.12:   Standards of Conduct

A.

The following standards of conduct must be adhered to by employees of any adult-oriented business that offers, conducts or maintains live adult entertainment:

1.

No employee or entertainer mingling with the patrons or serving food or drinks shall be unclothed or in such attire, costume or clothing so as to expose to view any portion of the female breast below the top of the areola or of any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals or display male genitals in a discernibly turgid state even if completely and opaquely covered.

2.

No employee or entertainer shall encourage or knowingly permit any person upon the premises to touch, caress or fondle the breasts, buttocks, anus or genitals of any other person.

3.

No employee or entertainer shall wear or use any device or covering exposed to view that simulates the breasts, genitals, anus, pubic hair or any portion thereof.

4.

State of dress:

a.

No employee or entertainer shall be unclothed or in such attire, costume or clothing so as to expose any portion of the female breasts below the top of the areola, or any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals of any person, except upon the stage at least 18 inches above the immediate floor level and removed at least six (6) feet from the nearest patron or behind a solid, uninterrupted physical barrier that completely separates the entertainer from any patrons. This barrier must be a minimum of one-fourth (¼) inch thick and have no openings between the entertainer and any patrons. The stage shall be fixed and immovable.

b.

No employee or entertainer shall perform while nude or semi-nude any obscene acts or obscene acts that simulate:

i.

Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts that are prohibited by law;

ii.

The touching, caressing or fondling of the breasts, buttocks, anus or genitals.

5.

No employee or entertainer shall use artificial devices or inanimate objects to depict any of the prohibited activities described in this section.

6.

There shall be posted and conspicuously displayed in the common areas of each place offering adult entertainment a list of food and drink prices.

7.

Any tips for entertainers shall be placed by a patron into a tip box that is permanently affixed in the adult-oriented business and no tip may be handed directly to an entertainer. A licensee that desires to provide for such tips from its patrons shall establish one or more containers to receive tips. Any physical contact between a patron and an entertainer is strictly prohibited.

8.

An adult-oriented business that provides tip boxes shall conspicuously display in the common area of the premises one (1) or more signs in letters at least one inch high to read as follows:

ADULT-ORIENTED BUSINESSES ARE REGULATED BY SUMMIT COUNTY.
ALL TIPS ARE TO BE PLACED IN TIP BOX AND NOT HANDED DIRECTLY TO THE
ENTERTAINER.
PHYSICAL CONTACT BETWEEN PATRONS AND ENTERTAINERS IS STRICTLY PROHIBITED.

9.

No adult entertainment occurring on the premises shall be visible at any time from outside of the premises.

B.

Any operator who offers, conducts or maintains live adult entertainment or an adult arcade that exhibits, in a viewing room of less than 150 square feet of floor area, a film, videocassette or other video reproduction, shall comply with the following requirements in addition to those set forth in Subsection A:

1.

It is the duty of the operator of the premises to ensure that at least one (1) employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.

2.

It is the duty of the licensee and operator of the premises to ensure that any doors to public areas on the premises remain unlocked during business hours.

3.

The interior of the premises shall be configured in such a manner that there is an unobstructed view from at least one (1) manager's station to every area of the premises where patrons are permitted access for any purpose, excluding rest rooms. Rest rooms may not contain video reproduction equipment. The view required in this subsection must be by direct line of sight from the manager's station.

4.

A manager's station may not exceed 32 square feet of floor area. No alteration to the configuration or location of a manger's station may be made without the prior approval of the Building Official.

5.

It shall be the duty of the permit holder, and his or her agents and employees present on the premises to ensure that the view area specified in Subsection B.3 remains unobstructed by any doors, curtains, drapes, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises that has been designated as an area where patrons will not be permitted access on the building plans.

6.

No viewing room may be occupied by more than one (1) person at any one (1) time.

7.

Viewing rooms must be separated from other viewing rooms by a solid, uninterrupted physical divider that is a minimum of one-quarter (¼) inch thick and serves to prevent physical contact between patrons.

C.

Nothing in this section shall be construed to permit any act on the premises of an adult-oriented business in violation of C.R.S. § Title 12, Article 46 or 47, or the State Department of Revenue rules and regulations issued pursuant thereto.

3820.13:   Right of Entry

The application for a conditional use permit for an adult-oriented business license shall constitute consent of the permittee and his or her agents or employees to permit the Sheriff's Department or any other agent of the County to conduct routine inspections of any permitted adult-oriented business during the hours the establishment is conducting business.

3820.14:   Lighting Requirements

A.

All off-street parking areas and premises entries of adult-oriented businesses shall be illuminated from dusk to closing hours of operation with a lighting system that provides an average maintained horizontal illumination of one foot-candle of light on the parking surface and/or walkways. This required lighting level is established in order to provide sufficient illumination of the parking area and walkways serving the adult-oriented business to help ensure the personal safety of patrons and employees and to reduce the incidence of vandalism and other criminal conduct.

B.

The premises of all adult-oriented businesses, except adult motion picture theaters, shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place where patrons are permitted access to provide an illumination of not less than two (2) foot-candles of light as measured at the floor level.

C.

Adult motion picture theaters shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place where patrons are permitted access to provide an illumination of not less than one (1) foot-candle of light as measured at the floor level.

3820.15:   Required Parking

Eight spaces per 1,000 square feet of floor area or three-tenths (0.3) spaces per persons allowed at maximum capacity must be provided for each establishment. Parking area design and location must meet all applicable County requirements.

3820.16:   Exemptions

It is an affirmative defense to prosecution under this Code that a person appearing in a state of nudity or semi-nudity did so in a modeling class operated by:

A.

A proprietary school, licensed by the State, a college, community college or university supported entirely or partly by taxation;

B.

A private college or university that maintains and operates educational programs in which credits are transferable to a college, community college or university supported entirely or partly by taxation; or,

C.

In a structure that has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing and where, in order to participate in a class, a student must enroll at least five (5) calendar days in advance of the class.

3821.01:   Purpose and Applicability

A.

The purpose and intent of this section of the Code, together with the Short Term Rental (STR) Ordinance No. 20 is to establish comprehensive licensing regulations to safeguard the public health, safety and welfare by regulating and controlling the use, occupancy, location and maintenance of short-term vacation rental properties within the unincorporated areas of Summit County.

B.

These regulations are also intended to ensure that short-term vacation rentals are operated in a manner that is compatible with the surrounding neighborhood and protects the overall community character.

C.

The regulations set forth in this Code section shall apply to short-term vacation rental property only, as defined herein. This Code section shall not apply to the furnishing of lodging services in hotels, motels, lodges, or units within a building operating akin to that of a hotel / motel with a central check-in located within such facility, or to units with leases in excess of 30 days.

D.

This Code section shall not supersede any private covenants or deed restrictions prohibiting short-term vacation rental property.

E.

In addition to the requirements set forth herein, short-term vacation rentals shall abide by all other applicable sections in this Code, the STR Ordinance, and other applicable Summit County laws, rules, and regulations.

3821.02:   Zoning Districts Where Permitted

A.

Figure 3-2 identifies where short-term vacation rentals may be allowed in various County zoning districts. Short-term vacation rentals are also allowed in the antiquated residential zoning districts remaining in effect listed in Section 3305.01, unless specifically prohibited in that zoning district.

B.

PUDs: A short-term vacation rental may be permitted in specific PUDs that allow residential uses, without necessitating a PUD modification, provided such use complies with the licensing requirements of the STR Ordinance and Section 3821 et seq. A PUD may be amended to provide for standards and criteria that differ from those of the STR Ordinance and Section 3821 et seq. provided the purpose and intent of the STR Ordinance and Section 3821 continues to be met. Short-term vacation rentals shall not be permitted in a PUD which specifically prohibits such use.

C.

Short-term vacation rentals of deed restricted affordable workforce housing or employee housing properties is prohibited unless specifically authorized by the deed restriction for the property.

D.

Unless approved as a Bed and Breakfast per Section 3803. STRs may only be rented to one booking party at a time.

3821.03:   License and Review

A.

License Required: A license issued by the Local Licensing Authority is required for each short-term vacation rental property in unincorporated Summit County. A person seeking to obtain a license shall file an application with the County Planning Department in accordance with the requirements set forth in this section of the Code and Summit County Ordinance No. 20 setting forth the licensing requirements for short-term vacation rentals.

B.

Additional Review Process for STRs Requesting a Conditional Use Permit: For any short-term vacation rental which proposes an occupancy of 20 or more persons, or outdoor parking of 6 or more vehicles, the application shall be reviewed as a Class 2 Conditional Use Permit as further described in Section 3821.05.

3821.04:   Overlay Zone Districts and License Types

Overlay Zone Districts: In order to distinguish between traditional Resort areas and Neighborhood areas, two overlay zone districts have been established per Section 4300 of the Code for the purposes of regulating short-term vacation rentals, an STR Resort Overlay Zone and a STR Neighborhood Overlay Zone. STR License types allowed in each Overlay Zone District are set forth in Ordinance No. 20, as amended from time to time.

3821.05:   Criteria for Review for Conditional Use Permit

A.

STR Resort Overlay Zone: A Class 2 administrative conditional use permit application shall be required for any proposed short-term vacation rental in the STR Resort Overlay Zone which proposes an occupancy of 20 or more people or outdoor parking of 6 or more vehicles.

B.

The conditional use permit application shall be reviewed in the context of the property and neighborhood to consider whether the types of uses in the neighborhood, the home size, lot size and distance to neighboring properties can potentially enable these properties to accommodate higher occupancies, where possible to request, higher number of nights rented as an STR, and/or additional cars parked on site. Applications shall be referred to referral agencies such as the water and sanitation districts (or State Engineer and Environmental Health Department for units on well and septic), fire department, Building Inspection Department, Engineering Department, etc., in order to evaluate whether the unit is able to adequately accommodate the proposed intensity, given the capacity of the existing services and infrastructure and the potential impacts to the adjacent residents. Criteria for review of the application shall include the following:

1.

The proposed use and occupancy of the STR property does not exceed the applicable building and fire code requirements for maximum occupancy of the structure, and protects the public health, safety and welfare.

2.

The existing services and infrastructure (e.g., water supply, sewage disposal capacity, access, on-site parking spaces) can support the proposed use and occupancy of the property, or the applicant has obligated himself/herself to provide the necessary services and infrastructure in sufficient time to serve the proposed use.

3.

The proposed operation of the STR will ensure preservation of the residential character of the neighborhood where it is located. The amount of traffic and noise from lodging guests will not result in significant adverse impacts to the adjacent neighborhood.

4.

There is adequate separation and buffering of the STR use from adjacent residences and public rights-of-way to mitigate potential impacts on the surrounding neighborhood, including traffic, additional parking and noise. Standards for demonstrating adequate separation and buffering include but are not limited to: orientation of the STR unit on the property away from nearby residential structures; linear separation from other residential structures; separation from other structures by an intervening right-of-way; topographic features such as rock formations or grade differences; and mature vegetation or fencing.

5.

There is not a history of STR complaints on the property, if an STR was already in existence on the property, the owner has adequately addressed the conditions that lead to the complaints, to the satisfaction of the Review Authority.

6.

The property is in compliance with all other applicable laws, rules and regulations, including but not limited to standards concerning driveways and parking areas as found in Chapters 3 and 5 of this Code.

C.

Public Noticing for a Class 2 conditional use permit shall consist of a public notice sign posted at the property, in accordance with Section 12000.10.

D.

Length of Validity

1.

The length of validity of a CUP shall not exceed 5 years.

2.

Revocation of an STR license will automatically void the CUP approval.