ARTICLE 1

TITLE, PURPOSE AND GENERAL PROVISIONS

1.1       Title

 

These Regulations shall be cited as the “Mineral County Zoning Regulations”. (While these Regulations are in fact, Amended Regulations, use of the words “as Amended” is not necessary.)

1.2       Authority

 

The Mineral County Zoning Regulations (the “Regulations” herein) and the Mineral County, Zoning Map as Amended (the “Zoning Map” herein) are authorized by Title 30, Article 28 of the Colorado Revised Statutes and are hereby declared to be in accordance with all provisions of such statutes.

1.3       Purpose

 

(A)      Pursuant to the authority conferred by Title 30, Article 28, of the Colorado Revised Statutes, these Regulations are enacted for the purpose of promoting the health, safety, morals, convenience, order, prosperity and welfare of the present and future inhabitants of Mineral County, including the lessening of congestion in the streets and roads or reducing the waste of excessive amounts of roads, securing safety from fire, flood waters and other dangers, providing adequate light and air; the classification of land uses and the distribution of land development and utilization, avoiding undue congestion of population, facilitating the adequate provision of transportation, water, schools, sewerage and other public requirements; facilitating protection of the tax base, securing economy in governmental expenditures, fostering the County’s agricultural and other industries and the protection of both urban and non-urban development.

 

(B)       The Board of County Commissioners (the “Board” herein) with the recommendations of the Mineral County Planning Commission (the “Planning Commission” herein) declare that these Regulations are additionally adopted for the following specific purposes:

 

(1)       To promote coordinated and sound development and to encourage innovation in residential development or renewal so that housing demands may be met by a greater variety of types and design of housing units.

 

(2)       To provide for higher quality in site and land planning, to conserve open space, and to provide more efficient and attractive use of open space.

 

(C)       Mineral County recognizes the Colorado Land Use Act. No provision of these regulations shall be construed to prohibit or prevent the application of matters of statewide concern in the zoning process, on a case by case basis.

 

1.4           Jurisdiction

 

(A)      These Regulations, as well as all Mineral County Land Use Regulations, shall apply to and shall include all of the unincorporated land and buildings located within the limits of Mineral County, Colorado, excluding any lands owned and administered by the Federal Government.

 

(B)       Any proposed land use decision that involves a business or agricultural activity identified in CRS 31-15-501(1)(a) (offensive or unwholesome businesses or establishments or conducting the same in an offensive or unwholesome manner) and in CRS 31-15-501(1)(d) (the management and construction of slaughter houses, packing houses, renderies, tallow candleries, bone factories, soap factories, tanneries and dairies shall be referred for comment to the City of Creede, Colorado, a Town, if such business or agricultural activity lies wholly or partially within one mile of the corporate limits of the Town.

 

(C)       The Board reserves the right to adopt temporary and emergency regulations on specific subjects not known as of the date of adoption of these Regulations that will have the full force of the law. However temporary and emergency regulations will be published separately.

 

1.5           Interpretation and Application

 

(A)      The provisions of these Regulations may be regarded as the minimum requirements for the promotion of public health, safety, comfort, convenience, prosperity and general welfare. These Regulations are not intended to interfere with or abrogate or annul any easements, covenants or agreements between parties, provided however that wherever these Regulations propose a greater restriction upon the use of buildings or land or upon the location or height of buildings or structures, or require larger open spaces surrounding structures than are imposed or required by other laws, ordinances, resolutions, regulations, easements, covenants or agreements between parties, the provisions of these Regulations shall govern. Wherever the provisions of any other laws, ordinances, resolutions, regulations, easements, covenants or agreements between parties propose a greater restriction upon the use of buildings or land, upon the location or height of buildings or structures or require larger open space surrounding structures than is required by these Regulations, the more restrictive requirements shall govern.

 

(B)       No structure or premises shall hereafter be used or occupied and no structure or portion thereof shall be erected, moved, constructed, reconstructed, extended, enlarged or altered contrary to the provisions of these Regulations except as herein provided. No portion of a lot area, open space, off-street parking space or yard required about or in connection with any building for the purposes of complying with these Regulations may be included as a portion of a lot area, an open space, off-street parking area or yard similarly required for any other building or its use except as provided under Article 6, Planned Unit Developments.

 

(C)       The absence of County regulations on a particular structure or use shall not relieve a property owner, tenant, occupant, contractor or any other person or entity from complying with federal and state laws, rules and regulations applicable to any construction upon or use of any property, such as the installation of manufactured homes, the conversion of mobile homes to permanent improvements and the creation and use of feedlots.

 

(D)      Any reference herein to any state statute by number shall, if recodified by the state to a different number but without substantive changes to the text of that statute, shall be interpreted as the same statute.

 

(E)       When a paragraph herein is cited, use of the word “Article” shall be unnecessary. Every such cited paragraph includes all subparagraphs of the cited paragraph.

 

1.6       Classification of Districts

 

For the purpose of these Regulations the County is divided into zoning districts designed as follows:

 

Districts                                                                                              Abbreviation  

 

Rural                                                                                                               RU

 

Alpine                                                                                                             ALP

 

Residential Estate                                                                                           RE

 

Residential                                                                                                      R

 

Residential High Density                                                                                RH

 

Mobile Home Estate                                                                                       MHE

 

Mobile Home                                                                                                  MH

 

Recreational Resort                                                                                         RR

 

Commercial                                                                                                     C

 

Industrial                                                                                                         I

 

1.7       Zoning Map

 

(A)      The location and boundaries of the Districts designated in Section 1.6 are hereby established as shown on the map entitled Zoning Map of Mineral County, signed by the Chairman of the Board and the Mineral County Clerk and Recorder (the “County Clerk” herein) and hereafter referred to as the Zoning Map, currently dated April 5, 1976 and amended through January 3, 2012.

 

(B)       The Zoning Map and all the notations thereon are hereby made a part of these Regulations.

 

(C)       A signed copy of the Zoning Map showing the Districts designated at the time of the adoption of these Regulations shall be maintained on file with the County Clerk. Changes made in district boundaries or other matters portrayed on the official Zoning Map shall be made in accordance with the provisions of these Regulations and Title 30, Article 28 of the Colorado Revised Statutes. Changes shall be entered on the official Zoning Map in accordance with the Resolution approving such change after the amendment has been approved by the Board, by an entry on the official Zoning Map.

 

(D)      Existing uses classified as conditional uses will be considered as approved conditional uses when these Regulations were originally adopted.

 

1.8       Zoning Use Chart

 

(A)      IDENTIFIED. The Zoning Use Chart, as amended from time to time, is identified as Table A and is located at the end of this Article 1.

 

(B)       TYPES OF USES. The column on the left side of Table A identifies most of the potential types of uses of property in Mineral County currently anticipated by the Board. These uses are expressed as categories but are to be construed narrowly. A use that cannot be readily included in any category shall be considered a conditional use in all reasonably appropriate districts, as determined by the Board.

 

(C)       REGULATIONS SUPERSEDE ZONING USE CHART. In the event of any conflict between the plain language of these Regulations and the entries appearing in Table A, these Regulations shall prevail.

 

(D)      DISTRICTS.   The vertical columns in Table A are the ten (10) Districts created by these Regulations in Paragraph 1.6 above, shown on the Zoning Map by the abbreviations in paragraph 1.6 and described in Article 2 and throughout these Regulations.

 

(E)       SYMBOLS. The letter “P” in a box indicates that a specific use, as noted, within a specific District, as noted, is a Permitted Use. The letter “C” in a box indicates that a specific use, as noted, within a specific District, as noted, is a Conditional Use. A blank or empty box means that that specific use in that specific District is prohibited. Each Article hereof dealing with each use and each District may contain other permitted, conditional or prohibited uses.

 

1.9       Planning Commission

 

(A)      INTENT. The purpose of the Planning Commission, hereby created, shall be to review all land use applications prior to submission of the same to the Board and to make formal recommendations based upon such review and on the provisions of the Mineral County Zoning and Subdivision Regulations, as well as any related Regulations or plans.

 

(B)       POWERS OF THE PLANNING COMMISSION. The Planning Commission shall have the power, except as otherwise provided by law:

 

(1)       To make and adopt a County Master Plan (“Plan”), if it considers such a Plan to be appropriate. The content of the Plan may but need not extend to those matters permitted by Colorado state statutes. Until such Plan is adopted by the Board as binding, such Plan shall be advisory only. The Plan may be adopted in any number of stages. However, the Planning Commission must make and adopt such Plan when requested to do so by the Board or required by the Colorado Department of Local Affairs.

 

(2)       To review and approve conceptual plans, when applicable.

 

(3)       To review and make recommendations to the Board for amendments to the Mineral County Zoning, Subdivision and other Land Use Regulations.

 

(4)       To review and make recommendations to the Board for the rezoning of land.

 

(5)       To review and make recommendations to the Board for preliminary and final subdivision and PUD plats and plans.

 

(6)       To review and make recommendations to the Board concerning any other matters which may be submitted to it by the Board.

 

(7)       To recommend standards governing the use of safety glazing materials for hazardous areas of the County.

 

(8)       To recommend a process for the development of parcels of land for residential purposes that will authorize the use of clustering as set forth in CRS 30-28-401, et seq.

 

(C)       PLANNING COMMISSION – Membership, meetings, procedures

 

(1)       The Board shall appoint a Planning Commission consisting of five (5) voting members. In addition, the Board shall appoint two associate members (alternates), either or both of whom may vote in the event of the absence or disqualification of a regular member. Each member of the Planning Commission shall be a resident of the County. The term of appointed members of the Planning Commission shall be three (3) years and until their respective successors have been appointed. The terms of office shall be staggered by making the appointments such that approximately one-third (1/3) of the members’ terms expire each year. A quorum shall consist of three (3) members.

 

(2)       Any member of the Planning Commission may be removed by the Board for non-performance of duty or misconduct. Vacancies shall be filled for the unexpired term in the same manner as in the case of original appointments.

 

(3)       The Planning Commission shall serve without compensation but each member and associate member attending a meeting shall receive a per diem as fixed by the Board each year, to defray the expenses of attendance.

 

(4)       The Planning Commission shall elect from its members a Chairperson and Vice Chairperson whose terms shall be for one (1) year. Other positions may be created by the Planning Commission when needed.

 

(5)       The Planning Commission shall adopt such by-laws, rules and regulations governing its proceedings as it may consider necessary or advisable. Such rules and regulations shall be consistent with these Regulations and appropriate Colorado statutes. A majority of the voting members present is required for a recommendation or determination. In the event of a dissenting vote by one (1) or more members of the Planning Commission, a roll call vote shall be recorded in the minutes of the meeting.

 

(6)       The Planning Commission shall meet at least once every month to review and process applications and other requests submitted to the Planning Commission, unless no matters are pending. All meetings shall be continuously open to the public with the sole exception that, by majority vote, the members may utilize an executive session for the single purpose of debating the veracity of conflicting parties. An agenda of items shall be made available to the public at the Land Use Administrator’s office before the meeting.

 

(7)       The Planning Commission may call special meetings for special projects or other important topics for review, discussion or recommendation. Alternate hearing dates due to weather conditions or other scheduling difficulties may be considered by the Chairperson of the Planning Commission.

 

(8)       No meeting shall be called to order unless a quorum is present. In the absence of a quorum, the intended meeting shall be terminated by the presiding member within a reasonable time after gathering. The presiding member may also set a future date for a special meeting, if necessary.

 

(9)       A secretary to the Planning Commission shall be appointed by the Land Use Administrator to be present at all regular and special meetings of the Planning Commission. The secretary need not be a member or associate member. The secretary shall take the regular minutes of the meetings in an appropriate manner approved by the Planning Commission. The Land Use Administrator shall take the minutes of any executive session. The regular minutes shall be made a matter of public record within a practical time after the official meeting of the Planning Commission. Anyone wishing to have a transcript of the proceedings (not including executive sessions) may have a court reporter present at their own expense.

 

(D)      REVIEW, RECOMMENDATION PROCEDURE AND BOARD ACTION

 

(1)       The Planning Commission shall review responses from referral agencies, staff comments and recommendations and the application submitted by any applicant on planning or zoning matters and recommend one of the following:

 

(a)        Approval of the application without conditions.

(b)       Conditional Approval of the application indicating for the record what conditions(s) and whether the conditions are short term (to obtain final approval) or permanent (after final approval).

(c)        Denial of the application indicating for the record the reason(s) for the recommendation of denial.

(d)       Continuing the matter until a later regularly scheduled meeting in order to obtain more information and help clarify the application before them. No continuance shall exceed eleven (11) months.

 

(2)       Thereafter, the Board shall review the application, responses from referral agencies, staff comments and the Planning Commission recommendations and shall make one of the following decisions regarding the application:

 

(a)        Approval of the application without conditions.

(b)       Conditional Approval of the application indicating for the record any permanent conditions(s).

(c)        Denial of the application indicating for the record the reason(s) for denial.

(d)       Continuing the application until a later regularly scheduled meeting in order to obtain more information and help clarify the application before them. No continuance shall exceed eleven (11) months.

(e)        The Board may also remand the matter to the Planning Commission for further review if the Board considers any substantial change in the application as submitted to the Board.

 

1.10     Land Use Administrator

 

(A)      Intent. The office of the Mineral County Land Use Administrator (the “Land Use Administrator” herein and frequently referred to as the “county zoning official” or “county building inspector” in Colorado statutes), hereby created, shall be to review all land use applications for form, content and compliance with all applicable County regulations and Colorado statutes. The Land Use Administrator shall reject any insufficient or illegal application and will give the applicant the reason(s) for such rejection. The applicant may then reform the application and resubmit it to the Land Use Administrator for acceptance and filing. Applications, as used herein, include, but not by way of limitation, subdivisions, re-zoning, PUD, Land Use and Construction Consent, variances, Board of Adjustment matters and all other land use matters.

 

(B)       Powers. The Land Use Administrator shall have the power to accept for filing all land use applications except those that, pursuant to County regulations or Colorado statute, must be filed with the County Clerk. In addition, the Land Use Administrator has the power to:

 

            (1)       Review and reject land use applications as insufficient or illegal;

(2)       Make recommendations to the Planning Commission and the Board on all land use applications and matters;

(3)       Issue septic permits, road access permits and all other permits related to land use matters, and approvals of Land Use and Construction Consent Applications.

(4)       Fulfill the duties of both the county zoning official and the county building inspector as those titles are used in the Colorado statutes.

(5)       Give the ten (10) day written notice to correct violations, to violators, for violations of which the Land Use Administrator has personal knowledge.

(6)       Make requests to the Mineral County Sheriff for the issuance of summons and complaints to violators who have failed to correct violations as provided in (5) above.

 

(C)       The Land Use Administrator shall serve at the pleasure of the Board for such compensation as shall be fixed by the Board.

 

(D)      The Land Use Administrator shall serve as advisor to the Planning Commission on all planning and zoning matters brought to their attention and shall be responsible for scheduling all Planning Commission meetings in accordance with the guidelines established by the Planning Commission. The Land Use Administrator or his authorized representative shall represent the Planning Commission at official meetings at which the Planning Commission’s recommendation(s) or opinions are solicited, inclusive of but not limited to, meetings before the Board, regional planning advisory meetings and at such other times as requested by the Planning Commission.

 

(E)       The Land Use Administrator shall conduct research, prepare reports and other tasks as requested by the Planning Commission and the Board on land use matters or, with the approval of the Board, contract for technical assistance in the preparation of information for use by the Planning Commission or the Board in the review and processing of land use and zoning requests.

 

(F)       The Land Use Administrator shall serve as the administrative officer for the Planning Commission and be available for advising and assisting the Planning Commission.

 

(G)      Unless directed to the contrary by the Board, the Land Use Administrator shall have jurisdiction with respect to all Land Use Regulations.

 

MINERAL COUNTY ZONING REGULATIONS

TABLE A

Effective date, this Table: January 3, 2012