PART II

LAND USE CODE

0.0. General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC0:1
0.1. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC0:3
1.0. Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC1:1
[1.1. Background and Context] . . . . . . . . . . . . . . . . . . . . . . . LUC1:3
2.0. Title, Authority and Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC2:1
2.1. Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC2:3
2.2. Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC2:3
2.3. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC2:3
2.4. Applicability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC2:4
2.5. Minimum Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC2:4
3.0. Interpretation of Code and Zoning Map and Changing Text
of Code. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC3:1
3.1. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC3:3
3.2. General Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC3:3
3.3. Rules for Language Construction. . . . . . . . . . . . . . . . . LUC3:3
3.4. Rules for Interpreting the Official Zoning Map . . . . LUC3:3
3.5. Interpretation of the Code Text . . . . . . . . . . . . . . . . . . LUC3:4
3.6. Previously Approved Projects and Projects in Pro-
cess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC3:4
3.7. Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC3:5
3.8. Amending the Code Text . . . . . . . . . . . . . . . . . . . . . . . . LUC3:5
4.0. Zoning ................................................ LUC4:1
4.1. Zoning Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC4:5
4.2. Overlay Zone Districts . . . . . . . . . . . . . . . . . . . . . . . . . . LUC4:31
4.3. Use Descriptions and Conditions . . . . . . . . . . . . . . . . . LUC4:51
4.4. Amending the Official Zoning Map (Rezoning) . . . . LUC4:70
4.5. Special Review and Minor Special Review . . . . . . . . LUC4:70.1
4.6. Zoning Variances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC4:70.4
4.7. Zoning Special Exceptions . . . . . . . . . . . . . . . . . . . . . . . LUC4:70.7
4.8. Nonconformities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC4:71
4.9. Setbacks, Lot Requirements and Structure Height LUC4:74
5.0. Land Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC5:1
5.1. Subdivision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC5:3
5.2. Planned Land Division . . . . . . . . . . . . . . . . . . . . . . . . . . LUC5:3
5.3. Conservation Development . . . . . . . . . . . . . . . . . . . . . . LUC5:4
5.4. Minor Land Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC5:11
5.5. Boundary Line Adjustment . . . . . . . . . . . . . . . . . . . . . . LUC5:12
5.6. Add-On Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC5:12
5.7. Amended Plat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC5:13
5.8. Rural Land Use Process . . . . . . . . . . . . . . . . . . . . . . . . . LUC5:14
5.9. Right-of-Way and Easement Vacations. . . . . . . . . . . . LUC5:27
5.10. Plat Vacations and Resubdivision . . . . . . . . . . . . . . . LUC5:28
5.11. Street and Road Naming . . . . . . . . . . . . . . . . . . . . . . . LUC5:29
5.12. Condominium Maps. . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC5:30.1

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5.13. Land Division Process. . . . . . . . . . . . . . . . . . . . . . . . . . LUC5:30.1

6.0. Site Plan Review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC6:1
6.1. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC6:3
6.2. Applicability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC6:3
6.3. Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC6:3
6.4. Review Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC6:4
6.5. Minor Deviations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC6:4
6.6. Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC6:4
6.7. Vesting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC6:4
6.8. Building Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC6:4
6.9. Certificate of Occupancy. . . . . . . . . . . . . . . . . . . . . . . . . LUC6:4
7.0. Special Events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC7:1
7.0. Special Events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC7:3
7.1. Intent Purpose and Applicability . . . . . . . . . . . . . . . . . LUC7:3
7.2. Permit Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC7:3
7.3. Special Event Defined/Restrictions . . . . . . . . . . . . . . . LUC7:3
7.4. Process. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC7:4
7.5. Special Events Performance Standards . . . . . . . . . . . LUC7:5
7.6. Site Clean Up and Restoration . . . . . . . . . . . . . . . . . . . LUC7:7
7.7. Compliance With Other Regulations. . . . . . . . . . . . . . LUC7:7
7.8. Enforcement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC7:7
8.0. Standards for all Development . . . . . . . . . . . . . . . . . . . . . . . . . . LUC8:1
[8.01. Generally] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC8:5
8.1. Adequate Public Facilities . . . . . . . . . . . . . . . . . . . . . . . LUC8:5
8.2. Wetland Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC8:13
8.3. Hazard Areas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC8:18
8.4. Wildlife . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC8:22
8.5. Landscaping. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC8:28
8.6. Off-Road Parking Standards . . . . . . . . . . . . . . . . . . . . . LUC8:38
8.7. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC8:44.1
8.8. Irrigation Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC8:45
8.9. Supplementary Regulations. . . . . . . . . . . . . . . . . . . . . . LUC8:46
8.10. Use Plans for Residual Land and/or Common Area LUC8:99
8.11. Air Quality Standards. . . . . . . . . . . . . . . . . . . . . . . . . . LUC8:101
8.12. Water Quality Management Standards . . . . . . . . . . LUC8:102
8.13. Commercial Mineral Deposits. . . . . . . . . . . . . . . . . . . LUC8:103
8.14. Development Design . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC8:103
8.15. Lighting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC8:109
8.16. Fences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC8:110
8.17. Hazardous Waste Treatment and Disposal . . . . . . . LUC8:111
8.18. Large Retail Development . . . . . . . . . . . . . . . . . . . . . . LUC8:112
9.0. Land Dedications, Fees-In-Lieu of Dedications, Facility
Fees and Capital Expansion Fees . . . . . . . . . . . . . . . . . . . . . . . LUC9:1
9.1. School Sites . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC9:3
9.2. Drainage/Stormwater Facility Fees. . . . . . . . . . . . . . . LUC9:4
9.3. Community Park Land Dedication/In-Lieu Fee Stan-
dards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC9:5
9.4. Regional Park Land Dedication/In-Lieu Fee Stan-
dards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC9:13

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9.5. Non-Regional Road Capital Expansion Fee. . . . . . . . LUC9:20

9.6. Regional Road Capital Expansion Fee . . . . . . . . . . . . LUC9:34
9.7. Right-of-Way Dedications . . . . . . . . . . . . . . . . . . . . . . . . LUC9:46
10.0. Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC10:1
10.1. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC10:3
10.2. General Sign Regulations . . . . . . . . . . . . . . . . . . . . . . LUC10:3
10.3. Calculation of Sign Area. . . . . . . . . . . . . . . . . . . . . . . . LUC10:3
10.4. Calculation of Sign Height and Setbacks . . . . . . . . LUC10:4
10.5. Prohibited Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC10:4
10.6. Signs not Requiring a Sign Permit . . . . . . . . . . . . . . LUC10:4
10.7. Temporary Commercial Signs . . . . . . . . . . . . . . . . . . . LUC10:6
10.8. Temporary Construction and Project Marketing
Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC10:7
10.9. Standards for Residential Districts . . . . . . . . . . . . . . LUC10:7
10.10. Standards for Rural Districts . . . . . . . . . . . . . . . . . . LUC10:8
10.11. Standards for Nonresidential Districts . . . . . . . . . LUC10:8
10.12. Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC10:
10.13. Sign Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC10:10
10.14. Nonconforming Signs . . . . . . . . . . . . . . . . . . . . . . . . . LUC10:11
10.15. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC10:11
11.0. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC11:1
12.0. Common Procedures for Development Review . . . . . . . . . . . LUC12:1
12.1. Application Materials and Requirements . . . . . . . . LUC12:3
12.2. Development Review Procedures . . . . . . . . . . . . . . . . LUC12:3
12.3. Notice of Public Hearing . . . . . . . . . . . . . . . . . . . . . . . LUC12:6
12.4. Public Hearing Procedures . . . . . . . . . . . . . . . . . . . . . LUC12:8
12.5. Development Construction Permit . . . . . . . . . . . . . . LUC12:9
12.6. Post-approval Requirements . . . . . . . . . . . . . . . . . . . . LUC12:9
12.7. Vested Rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC12:12
13.0. Location and Extent (Public Project Review) . . . . . . . . . . . . LUC13:1
13.1. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC12:3
13.2. Applicability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC13:3
13.3. Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC13:3
14.0. Areas and Activities of State Interest. . . . . . . . . . . . . . . . . . . LUC14:1
14.1. Purpose and Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC14:3
14.2. Applicability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC14:3
14.3. Designation Process for Matters of State Interest LUC14:3
14.4. Designated Matters of State Interest . . . . . . . . . . . . LUC14:4
14.5. Exempt Development Activities . . . . . . . . . . . . . . . . . LUC14:4
14.6. Relationship to Other County, State and Federal
Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC14:5
14.7. Appeal of 1041 Permit Requirement. . . . . . . . . . . . . LUC14:5
14.8. Intergovernmental Agreements . . . . . . . . . . . . . . . . . LUC14:6
14.9. 1041 Permit Application and Review Process. . . . . LUC14:7
14.10. General Requirements for Approval of a 1041
Permit Application. . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC14:8
14.11. Additional Specific Review Criteria and Stan-
dards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC14:9

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14.12. Post Approval Requirements. . . . . . . . . . . . . . . . . . . LUC14:9

14.13. Technical Revisions and 1041 Permit Amend-
ments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC14:9
15.0. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC15:1
16.0. Commercial, Mobile Radio Service (CMRS) Facilities . . . . LUC16:1
17.0. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC17:1
18.0. Manufactured Homes, Manufactured Home Parks, Recre-
ational Vehicle Parks and Campgrounds . . . . . . . . . . . . . . . . LUC18:1
18.1. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC18:3
18.2. Manufactured Homes and Manufactured Home
Parks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC18:3
18.3. Recreational Vehicle Parks . . . . . . . . . . . . . . . . . . . . . LUC18:7
18.4. Campgrounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC18:10.1
19.0. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC19:1
20.0. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC20:1
21.0. Enforcement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC21:1
21.1. Violations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC21:3
21.2. Remedies and Penalties . . . . . . . . . . . . . . . . . . . . . . . . LUC21:3
21.3. Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC21:4
21.4. Nonliability of the County . . . . . . . . . . . . . . . . . . . . . . LUC21:4
21.5. Pending Actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC21:4
22.0. Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC22:1
22.1. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC22:3
22.2. Appeals to County Commissioners . . . . . . . . . . . . . . LUC22:3
22.3. Appeals to the Board of Adjustment . . . . . . . . . . . . . LUC22:3
22.4. Appeals from Decisions of the Floodplain Review
Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LUC22:4

Supp. No. 13 LUC:iv

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PART II

LAND USE CODE*

0.0.

GENERAL PROVISIONS

0.1. Definitions
[0.1.1. Words and terms defined.]

*Editor’s note—Printed herein is the land use code of the county, as adopted by Resolution Number 99-199g on December 28,
1999, and amended through March 18, 2002. Amendments to the land use code as amended are indicated by parenthetical history
notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original
land use code as amended through March 18, 2002. Obvious misspellings and punctuation errors have been corrected without
notation. For stylistic purposes, headings and catchlines have been made uniform and the same system of capitalization, citation
to state statutes, and expression of numbers in text as appears in the General Code has been used. Additions made for clarity are
indicated by brackets. The technical supplement and accompanying exhibits referenced in the land use code are not printed herein
but are on file in the county offices.
Cross references—Buildings and building regulations, ch. 10; roads and bridges, ch. 50.
State law references—Colorado land use act, C.R.S. § 24-65-101 et seq.; flood control, C.R.S. § 30-30-101 et seq.

LUC0:1
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 GENERAL PROVISIONS 0.1.1

0.1. DEFINITIONS rials as a principal, significant or emphasized

part of their enterprise and such uses, customar-
[0.1.1. Words and terms defined.] ily, although not always, exclude minors under
18.
Words in this section have the following mean-
ings when used in this code: Affordable housing. Generally housing which
Abandonment. The voluntary discontinuance has a sales price or rent within means of a low or
of a use or the occupancy of a structure. moderate income household as defined by local,
state or federal legislation or specifically defined
Accessory living area. Finished habitable space by resolution of the county commissioners.
in a single-family dwelling or in a detached build-
ing that is clearly accessory to the single-family Agriculture. The production, keeping or main-
dwelling on the lot. Accessory living area may tenance, for sale, lease or personal use, of plants
contain a complete dwelling unit. and animals useful to people. This includes but is
not limited to forages and sod crops; grains and
Accessory outdoor display and sales. The out-
seed crops; dairy animals and dairy products;
door display of merchandise for sale and which
poultry and poultry products; emus and ostriches;
outdoor display is clearly secondary and inciden-
livestock, including beef cattle, sheep, swine, horses,
tal to the principal use of the property.
ponies, mules, llamas, alpacas or goats or any
Accessory outdoor storage. The storage of ma- mutations or hybrids thereof, including the breed-
terials, equipment, products and any other goods ing and grazing of any or all such animals; bees
that are clearly incidental and subordinate to the and apiary products; fur animals; trees and forest
principal business, commercial or industrial use products; fruits of all kinds, including grapes,
of the property. Parking of employee and cus- nuts and berries; vegetables; nursery, floral, or-
tomer vehicles is not accessory outdoor commer- namental and greenhouse products; or lands de-
cial storage. voted to a soil conservation or forestry manage-
ment program.
Accessory structure. A structure detached from
the principal building located on the same lot and Agricultural labor housing. A facility for the
customarily incidental and subordinate to the dormitory style housing of agricultural workers
principal building or use. on a seasonal basis.
Accessory use. A use of land or of a building or
portion thereof customarily incidental and subor- Agritourism enterprise. Activities conducted on
dinate to the principal use of the land or building a working farm or ranch and offered to the public
and located on the same lot with the principal for the purpose of recreation, education, or active
use. tourism related involvement in the farm or ranch
operation. These activities must be incidental to
Adult use. Any facility used for an adult amuse- the primary agricultural operation on the site or
ment or entertainment business. This includes an related to natural resources present on the prop-
adult book store, adult photography studio, adult erty. This term includes farm tours, hayrides,
theater, adult drive-in theater, adult movie ar- corn mazes, classes related to agricultural prod-
cade, adult restaurant, bar or nightclub, adult ucts or skills, picnic and party facilities offered in
tanning salon and other adult businesses charac- conjunction with the above. An agritourism enter-
terized by offering patrons activities or material prise does not include accommodations uses or
depicting, exhibiting, describing or relating to retail sales.
specified sexual activities or specified anatomical
areas for observation, amusement, enjoyment, Airport. A facility designed and improved for
satisfaction or gratification, whether for a fee or the landing and takeoff of aircraft that may be
not. The uses contemplated by this definition equipped with hangars, facilities for refueling and
customarily, although not always, offer adult repairing aircraft and accommodations for pas-
amusement or entertainment activities or mate- sengers and cargo.

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0.1.1 LARIMER COUNTY LAND USE CODE

Alley. A public right-of-way, not exceeding 35 products and/or light maintenance and service of
feet wide, which affords only secondary access to automobiles and light trucks by installing lubri-
abutting property. cants, tires, batteries and similar accessory items.
Annual. A plant that, under typical conditions, Bar/tavern. An establishment where the pri-
lives for only one year (see Perennial). mary business is providing or dispensing by the
drink for on-site consumption of fermented malt
Antenna. An exterior transmitting or receiving
beverages and/or malt, special malt, vinous or
device used in telecommunications that radiates
spirituous liquors, in which the sale of food prod-
or captures CMRS signals. Antenna does not
ucts such as sandwiches and light snacks is
include radio or television towers or transmitters.
secondary, and where music, live entertainment
Antenna, attached. An antenna mounted on an and/or dancing may be provided.
existing building, silo, smokestack, water tower,
Base flood. A flood having a one percent chance
utility or power pole or a support structure other
of being equaled or exceeded in any given year.
than an antenna tower.
Basement. Any floor of a building that has at
Antenna, concealed. An antenna with a support
least half of its interior wall area at or below the
structure that screens or camouflages the pres-
average finished grade around the building.
ence of antennas and/or towers from public view
in a manner appropriate to the site's context and Bed and breakfast. An owner-occupied, single-
surrounding environment. Examples of concealed family dwelling where short-term lodging rooms
antennas include manmade trees, clock towers, and meals are provided to transient guests for a
flag poles, light structures, steeples or similar fee.
objects.
Beekeeper. Any person producing or causing to
Antenna, setback. The distance between a prop- be produced bees or bee products.
erty line and the footprint of the antenna struc-
ture, including antennas, reflectors, dishes and Bees. Honey-producing insects of the genus
other appurtenances. apis, including all life stages.

Antenna, tower. A freestanding structure, in- Bird hobby breeder facility. Any facility en-
cluding monopole, guyed and lattice towers, de- gaged in the operation of breeding and raising
signed and constructed primarily to support an- birds for the purpose of personal enjoyment that
tennas and transmitting and receiving equipment. does not transfer more than 30 birds per year.

Antenna tower height. The distance from the Block. A land area consisting of contiguous lots
finished grade at the antenna tower base to the established by a recorded plat, usually bordered
highest point of the tower. Overall antenna tower by streets, common areas, open space, rights-of-
height includes the base pad, mounting struc- way or other barriers to the continuity of devel-
tures and panel antennas but excludes lightning opment.
rods and whip antennas.
Boarding/rooming house. A building or portion
Apiary. An assembly of one or more colonies of thereof used to accommodate, for compensation,
bees at a single location. three or more boarders or roomers with lodging
and/or meals. "Compensation" includes money,
Applicant. A person submitting an application services or other things of value.
for development, a permit or other required ap-
proval under this code. "Applicant" includes the Boarding stable. A facility for the care and
owner of the property subject to the application feeding of more than four horses for a fee.
and any person designated by the owner to rep-
Buffer. A designated area between two uses of
resent him or her.
different intensities or uses deemed incompatible
Automobile service station. A facility for the with each other, or along a designated area be-
retail sale of motor fuels and other petroleum tween a natural feature and an incompatible use.

Supp. No. 12 LUC0:4

 GENERAL PROVISIONS 0.1.1

A buffer consists of plant materials, fencing, walls, Larimer County Transportation Capital Expan-
landforms or a combination of these that provide sion Fee and Park-in-Lieu Fee Study during the
a visual and physical separation between uses. A weekday.
buffer creates a yearround, semi-opaque barrier;
a filtered view between uses is still possible. Carwash. A facility for full service, self-service
or automatic car and light truck washing.
Building. Any structure having a roof sup-
ported by columns or walls for the shelter or Cemetery. A tract of land set aside for interring
enclosure of persons, animals, chattels or prop- four or more bodies, including columbariums and
erty of any kind. mausoleums when operated in conjunction with
and located on the same premises as the ceme-
Building envelope. An area within the bound- tery.
aries of a lot within which all buildings on the lot
must be placed. Change of use. Any use that substantially dif-
fers from the previous use of a building or land,
Building permit. A development permit issued including a change from a public use to a private
by the Larimer County Building Department or use, in which the new use requires additional
any other county office before any building or parking, landscaping, screening, buffering, drain-
construction activity can be initiated on a land age facilities or other changes to the site ad-
parcel. dressed in section 8, standards for all develop-
ment.
Building, principal. A building in which is
conducted the principal use of the lot where the
Channel. A natural or artificial water course or
building is located.
drainage way of perceptible extent with definite
Bus terminal. A facility for the parking and bed and banks to confine and conduct continu-
storage of busses and the loading and unloading ously or periodically flowing water.
of passengers.
Child/elderly care center. A facility providing
Caliper. The diameter of a tree measured six for the care, protection and supervision of more
inches above the ground, if up to a four-inch than eight children under 16 or more than eight
caliper. For a larger caliper, the measurement is people over 60.
made 12 inches above the ground.
Child/elderly care home. A private residence
Campground. A land parcel in single owner- that provides care, protection and supervision of
ship that has been" developed or is intended to be not more than eight children under 16 or not more
developed for occupancy by tents and all types of than eight people over 60.
recreational vehicles, including tent trailers, for
transient dwelling purposes. Church. A facility that, by design and/or con-
struction, is intended for conducting organized
Canine hobby breeder facility. Any facility which religious services.
transfers no more than 18 dogs per year or breeds
no more than two litters per year, whichever is Clinic. An ambulatory health care facility in
greater. which outpatient treatment is provided for peo-
ple.
Capacity. The maximum number of vehicles
that have a reasonable expectation of passing CLOMR. A letter from the Federal Emergency
over a given section of road in one direction, or in Management Agency (FEMA) stating that a land
both directions of a highway, during a given parcel or proposed structure that is to be elevated
period of time under prevailing traffic conditions by fill would not be inundated by the base flood if
and expressed in terms of vehicles-per-day. Ca- fill is placed on the parcel as proposed or the
pacity is measured in this regulation and in the structure is built as proposed.

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Cluster. That portion of a conservation devel- land parcels used for active recreation activities,
opment which includes areas for the construction ranging in size up to about 120 acres and serving
of dwellings, utilities and roads, except as noted up to several neighborhoods but typically not
in subsection 5.3.7.A.5. serving an entire community or region with spe-
cialized facilities.
Co-development. Two or more competing CMRS
providers working together to develop a single Community sewer system. A sewage system
CMRS facility. that collects sewage from more than one parcel or
lot and provides treatment at a centralized loca-
Collocation. Locating wireless communications tion and is not owned by a sanitation district or
equipment for more than one CMRS provider on a municipality. Examples include aerated lagoon
single structure. systems, manufactured treatment plants, shared
Colony. One group of bees established in a or clustered septic tank/soil absorption systems
place acceptable to said bees for the rearing of and individual absorption systems where all or
young and the storage of honey. part of the systems are located on common open
space.
Commercial mobile radio service (CMRS). Tele-
communications services including cellular tele- Compatible. Having harmony in design and
phone, personal communications service (PCS), appearance, use and/ or function with natural
specialized mobile radio (SMR), enhanced special- systems and/or existing land uses in an area.
ized mobile radio (ESMR), paging, wireless Internet Condominium. A building, or group of build-
access and similar services. ings, in which dwelling units, offices or floor area
Commercial poultry farm. A facility devoted to are owned individually and the structure, com-
the raising of any type of fowl for the sale of birds mon areas and facilities are owned by all the
or their byproducts, not to include hunting clubs. owners on a proportional basis.
Coniferous. Trees and shrubs that generally
Common area. Land within a development,
have needles rather than leaves, have cones and
which may or may not be part of the residual land
typically remain green throughout the year.
and may or may not be individually owned or
dedicated for public use, that is designed and Congregate residence. Apartments and dwell-
intended for common use or enjoyment of the ings with communal dining facilities and services,
residents of the development and their guests and such as housekeeping, organized social and recre-
may include such complementary structures and ational activities, transportation services and other
improvements as are necessary and appropriate. support services appropriate for the residents.
Community hall. A facility used for recre- Contiguous. Touching at two points along a
ational, social and cultural activities, open to the common boundary. Contiguity is not broken by a
public or a designated part of the public and road or alley, a public or private right-of-way or
usually owned and operated by a public or non- easement, a natural or artificial water course or
profit group or agency. intersecting mining claim. Contiguity is broken
by an interstate highway right-of-way.
Community influence area. An area designated
in an intergovernmental agreement within which Convenience store. Any retail establishment
county development applications will be sent to selling consumer products, including primarily
the adjacent municipality for comment and re- prepackaged food and household items, and hav-
view. ing a gross floor area of less than 5,000 square
feet. It may include retail sale of gasoline and
Community park land. Land owned or oper-
other petroleum products.
ated by on behalf of Larimer County or the
participating local government and dedicated or Cooperative planning area. An area beyond a
used for the purpose of neighborhood or commu- municipality's immediate urban planning area
nity parks. Neighborhood or community parks are (growth management area) where urban level

Supp. No. 13 LUC0:6

 GENERAL PROVISIONS 0.1.1

development is not appropriate within the munic- steads with structures and farming or livestock
ipal plan's time frame but where development handling equipment capable of serving large acre-
may have an impact on present and future mu- ages.
nicipal growth patterns. Cooperative planning
areas will be defined in intergovernmental agree- Deciduous. Trees and shrubs that lose their
ments and development standards will be based leaves at the end of each growing season and
on jointly-developed plans. develop new leaves the following season.

Country club. A facility that includes a golf Defensible space. An area where material capa-
course, a clubhouse and customary accessory uses ble of allowing a fire to spread unchecked has
and that is open only to members and their been treated, cleared or modified to slow the rate
guests. and intensity of an advancing wildfire and create
an area for fire suppression operations.
Craft. An item, not mass-produced, and made
largely by hand and supplementary tools, by an Developable. The land area in a development
artist or craftsperson. exclusive of land in the floodway zoning district
and land below the high water mark of existing
Craftsman. A person who produces articles of
bodies of water.
artistic quality or handmade workmanship, such
as, candles, jewelry, glass, pottery, woodworking, Development. The division of any parcel of land
weaving and similar items. into two or more parcels; the construction, recon-
Crematorium. A crematorium is a structure struction, conversion, structural alteration, relo-
that houses one or more crematories. A crematory cation or enlargement of any structure; any min-
is an incinerator, furnace, retort, or oven used for ing, drilling, excavation, clearing of roadways or
the purpose of cremation of human or animal building sites, land filling or other land distur-
remains. bance. This definition excludes activities associ-
ated with normal agricultural practices, the drill-
Critical facilities shall include hospitals, nurs- ing of water wells on individual lots and the
ing homes, group homes, residential care facili- construction of individual single-family or duplex
ties, congregate care facilities and housing likely residential dwellings.
to contain occupants who may not be sufficiently
mobile to avoid death or injury during a flood; Development agreement. The agreement be-
schools; daycare facilities; cemeteries; police sta- tween the applicant and the county that specifies
tions, fire stations, vehicle and equipment storage the terms and conditions of approval of a devel-
facilities and emergency operations centers that opment proposal.
are needed for flood response activities before,
during and after a flood; and public and private Development area. That portion of a conserva-
utility facilities that are vital to maintaining or tion development that includes areas for the con-
restoring normal services to flooded areas before, struction of dwellings, roads, utilities and other
during and after a flood. facilities for the benefit of the development.

Cultural institution. A public or non-profit in- Developmentally-disabled. People having cere-

stitution displaying or preserving objects of inter- bral palsy, multiple sclerosis, mental retardation,
est in one or more of the arts or sciences, includ- autism or epilepsy.
ing libraries and museums.
Drainage way. A natural or artificial land sur-
Custom farming. The commercial cultivation, face depression with or without perceptibly de-
management, harvesting, on-farm handling, local fined beds and banks to which surface runoff
hauling or husbandry of crops, forage or livestock gravitates and collectively forms a flow of water
for other agricultural owners or operators. Cus- continuously or intermittently in a definite direc-
tom farming operations frequently entail farm- tion.

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Drip line. An area around the trunk of a tree energy over medium to long distances rather than
that generally includes the spread of tree branches. directly interconnecting and supplying electric
Also, that area around a structure beneath the energy to retail customers.
roof overhang.
Enclosed storage. A principal use where goods
Dwelling. A building or portion thereof used for are kept in a completely enclosed building or
residential occupancy, including cabin, single- buildings.
family, duplex and multiple-family dwellings. It
does not include hotels, motels, boarding/rooming Endangered or threatened species. Plants and
houses, resort cabins, lodges, guest houses or animals identified by the federal government as
manufactured homes that comply with the "Na- threatened or endangered or proposed for threat-
tional Manufactured Standards of 1974," 42 U.S.C. ened or endangered status, plants and animals
5401 et seq., as amended. A dwelling may be identified as rare and/or sensitive by the Colorado
leased or rented for any time period. Division of Wildlife and plants or animals identi-
fied as ranking G1 or G2 by the Colorado Natural
Dwelling, cabin. A structure that contains at
Heritage program.
least one habitable room for living, sleeping, cook-
ing, eating and sanitation that is designed, ar- Environmentally sensitive area. An area with
ranged and intended to be occupied by one occu- one or more of the following environmental char-
pant or living unit. acteristics: floodplains; geologic hazards; drain-
Dwelling, duplex. A structure designed, ar- age ways; topographical conditions that may af-
ranged and intended to be occupied by two sepa- fect development; wildfire hazards; special places
rate occupants or living units, containing a pri- of Larimer County; wetlands; mineral resources;
mary heat source and living facilities for sleeping, habitat for plants and animals identified by the
cooking, eating and sanitation. federal government as threatened or endangered;
habitat for plants and animals identified as im-
Dwelling, multiple-family. A structure de- portant species by the Colorado Division of Wild-
signed, arranged and intended to be occupied by life; and habitat for plants and animals identified
three or more separate occupants or living units, by the Colorado Natural Heritage Program as
containing a primary heat source and living facil- ranking G1 or G2.
ities for sleeping, cooking, eating and sanitation.
Existing traffic-generating development. The
Dwelling, single-family. A structure designed, most intense use of land within the 12 months
arranged and intended to be occupied by one prior to the time of commencement of traffic-
occupant or living unit, containing a primary heat generating development.
source and living facilities for sleeping, cooking,
eating and sanitation. Expansion of a road. Any widening, intersec-
tion improvement, signalization or other capital
Dwelling, single-family attached. A single-
improvement designed to increase an existing
family dwelling attached to one or more single-
road's capacity to carry vehicles.
family dwellings by a common vertical wall, con-
taining a primary heat source and living facilities Facility, CMRS. The equipment, physical plant
for sleeping, cooking, eating and sanitation. and portion of the property and/or building used
Dwelling, single-family detached. A single- to provide CMRS services. This includes but is not
family dwelling that is not attached to any other limited to cables and wires; conduits; pedestals;
dwelling by any means, containing a primary antennas; towers; concealed structures; electronic
heat source and living facilities for sleeping, cook- devices; equipment buildings and cabinets; land-
ing, eating and sanitation. scaping; fencing and screening; and parking ar-
eas.
Electric transmission lines. Electrical power
lines that carry voltages of at least 69,000 volts Facility, CMRS temporary. A CMRS facility
(69kV) and are primarily used to carry electric designed for use while a permanent CMRS facil-

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 GENERAL PROVISIONS 0.1.1

ity or network is being designed or built, or for a include the selling of goods at retail by businesses
special event where many people attending are or individuals who are generally engaged in retail
CMRS users. trade.
Family. An individual or group of people living Flood or flooding. A general and temporary
together who are related by blood, marriage or condition of partial or complete inundation of
adoption. normally-dry land areas from:
Farm. Any parcel of land containing at least 1. The overflow of inland or tidal waters;
three acres used primarily for the commercial, and/or
soil-dependent cultivation of an agricultural crop,
2. The unusual and rapid accumulation of
the facilities and storage necessary for the man-
runoff or surface waters from any source.
agement of a commercial custom farming opera-
tion or the hauling of farm products, the raising of Flood hazard area. The area delineated as
fish, bees, plants or animals or the raising of Zone A, Zone AH, Zone AO and Zones A1 through
livestock. This does not include feedyards, poultry A30 in those detailed studies which do not have a
farms, exotic animal farms or fur farms. regulatory floodway defined. Also including area
Farmstead. That portion of a farm, dairy, poul- determined to be subject to 100-year flood hazard
try farm, stable or exotic animal farm designated on adopted Larimer County drainage master plans.
for accessory dwellings and other buildings nec- Flood insurance rate map (FIRM). The official
essary to the operation. map on which the Federal Emergency Manage-
Fee administrator. The person designated by ment Agency has delineated both areas of special
the county to be the primary person responsible flood hazards and risk-premium zones applicable
for the administration of the collection of impact to the community.
fees. Flood insurance study. The official report pro-
Fee payer. A person commencing traffic-gener- vided by the Federal Emergency Management
ating development who is obligated to pay a Agency that includes flood profiles, the flood bound-
transportation capital expansion fee in accor- ary-floodway map and the water surface elevation
dance with the terms of this code. of the base flood.

Feed yard. A confined enclosure for the feeding Floodproofing. A combination of structural pro-
and fattening of livestock where the average visions, changes or adjustments to properties and
number of animals exceeds ten animals per acre structures subject to flooding for the purpose of
of feed yard and where less than 50 percent of the reducing and eliminating flood damage to proper-
roughage type feed is raised on the same farm ties, water and sanitation facilities and struc-
premises. tures and contents of buildings in a flood hazard
area.
Feline hobby breeder facility. Any facility that
produces or transfers no more than 18 cats per Floodway. The channel of a river or other water
year or breeds no more than three litters per year. course and the adjacent land areas that must be
reserved in order to discharge the based flood
500-year floodplain of the Cache La Poudre without cumulatively increasing the water sur-
River. The geographical area of the Cache La face elevation by more than 0.5 foot.
Poudre River that has a 0.2 percent chance of
flooding in a given year. Flood fringe. That portion of the floodplain
inundated by the 100-year return frequency flood
Flea market. A facility where stalls or sales not within the flood way.
areas are set aside and rented or otherwise pro-
vided and intended for use by various individuals Floodplain. The land adjacent to a body of
to sell articles that are homemade, homegrown, water that has been or may in the future be
handcrafted, old, obsolete or antique. It may also covered by flood water.

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Fur farm. A facility where fur-bearing animals Grade, finished. The final elevation of the ground
are kept, raised and or bred and the number of level after development.
animal units exceeds the number permitted by
the zoning district where the facility is located. Greenhouse. A facility where plants are raised
inside a permanent structure constructed of rigid
Funeral home. A building used for the prepa- materials for sale or transplanting.
ration of the deceased for burial or cremation, for
the display of the deceased and/or for ceremonies Gross floor area. The floor area within the
or services related thereto, excluding a cremato- inside perimeter of the exterior walls of the build-
rium. ing under consideration, exclusive of vent shafts
and courts, without deduction for corridors, stair-
Garden supply center. A facility for the sale of ways, closets, the thickness of interior walls,
garden tools, equipment and supplies operated in columns or other features. The floor area of a
conjunction with a nursery and/or tree farm and building, or portion thereof, not provided with
that includes the sale of plant materials grown on surrounding exterior walls, shall be the usable
the premises. area under the horizontal projection of the roof or
floor above. The gross floor area shall not include
General commercial. A facility for any commer-
shafts with no openings or interior courts.
cial activity that is not of an assembly, manufac-
turing or industrial nature. Ground cover. Low-growing plant materials in-
General industrial. Any manufacturing or in- tended to spread over the ground. This also in-
dustrial facility, including but not limited to heavy cludes mulches used to fill in around plantings
equipment storage and maintenance; junk yards; and grass.
hazardous materials handling and storage; as- Group home. A single-family dwelling licensed
phalt and concrete batch plants; fuel alcohol plants; by the state to be occupied as a group home for no
fuel bulk plants; slaughter houses; recycling facil- more than eight children.
ities; and ice and cold storage plants.
Group home for the developmentally-disabled.
General retail. A facility for the retail sale of A single-family dwelling occupied by not more
merchandise, including but not limited to antique than eight people who are developmentally-
or art shops; clothing; department; drug; dry disabled.
good; florist; furniture; gift; grocery; hardware;
hobby; office supply; package liquor; paint; pet; Group home for the elderly. A single-family
shoe; sporting goods; appliance repair; copy; and dwelling occupied by not more than eight people
toy stores. who are 60 or older.

Glare. Direct light emitted from a luminaire in Group home, state-licensed. A facility licensed
which the light source (i.e. bulb) is visible from an or approved by the State of Colorado to provide
adjacent property. resident care to two or more people unrelated by
blood, marriage or adoption and who need special
GMA Regulatory Flood Protection Elevation. care or rehabilitation.
The elevation two feet above the regulatory flood
datum, regardless of any letter of map amend- Growth management area. Those areas of the
ment based on fill that may have been issued by county that are included in the growth manage-
the Federal Emergency Management Agency rel- ment area overlay zoning district and are subject
ative to the 100-year floodplain for the location in to an intergovernmental agreement between the
question. county and the applicable city or town.
Golf course. A parcel of land laid out for at least Hazardous materials storage and/or process-
nine holes for playing golf and improved with ing. A facility for the storage, treatment, disposal
tees, greens, fairways and hazards. It may also or otherwise handling any substance or material
include a clubhouse and other accessory struc- that, by reason of its toxic, corrosive, caustic,
tures. abrasive or otherwise injurious properties that

Supp. No. 13 LUC0:10

 GENERAL PROVISIONS 0.1.1

may be detrimental or deleterious to the health of Important wildlife habitat. Areas of the land-
anyone coming into contact with such material or scape that are believed to be particularly impor-
substance. This use category includes the collect- tant to sustaining the full diversity of wildlife and
ing, storing and/or blending of hazardous waste to natural communities native to Larimer County.
be used as a fuel source or alternate fuel. These areas are delineated based on two types of
data. The first type consists of maps of habitats
Health services. A facility providing support to used by sensitive and economically important
the medical profession and patients, including species. The second type of data uses associations
medical and dental laboratories, blood banks and important to maintaining wildlife diversity in the
various types of medical supplies and services. county.
Height. The measurement from the average
Instructional facility. A facility offering special-
elevation of the finished grade to the highest
ized instruction in such things as a trade, music,
point on a structure.
dance, martial arts or business.
Heliport. A facility designed and improved for
Irrigation facilities. All structures and facili-
the landing and takeoff of helicopters, usually
ties used for the conveyance, measurement, reg-
equipped with hangars, facilities for refueling and
ulation and distribution of water before it is
repairing helicopters and accommodations for pas-
applied to the land. Irrigation facilities include
sengers and cargo.
but are not limited to canals; ditches; weirs;
Hive. A structure containing bees and designed flumes; diversion boxes; headgates; well houses;
to receive movable frames of comb. pipelines; aqueducts; dams; check structures; and
private accesses and roadways necessary for op-
Home occupation. A business use conducted as eration and maintenance of those structures and
a customary, incidental, and accessory use in the facilities.
resident's dwelling unit, attached garage or de-
tached building, including office work, the mak- Jail/prison. A facility for the processing and
ing of art or crafts, trade uses, the providing of confinement of people held in lawful custody.
personal or professional services, and similar ac-
tivities, and including retail sales of products Junk vehicle. A vehicle that is inoperable (un-
produced on the premises and products clearly able to move under its own power), or is partially
incidental, secondary and ancillary to the home or totally dismantled or has all or portions of its
occupation. Uses specifically excluded from home body work missing or substantially damaged or is
occupations include vehicle repair or similar ac- not registered with the State of Colorado as
tivities. required by C.R.S. § 42-3-103 or by C.R.S. §§ 42-
12-102 and 42-12103, and/or the number plate
Honey super. Any hive body, or smaller box, assigned to it is not permanently attached to the
used for the storage of surplus honey. vehicle as required by C.R.S. § 42-3-123 or is
lacking proper equipment to the extent that would
Hospital. A facility providing health services
be unsafe or illegal to use on public road rights-
primarily for inpatients and medical and surgical
of-way or otherwise not equipped with lamps and
care of the sick and injured, including as an
other equipment as required by C.R.S. §§ 42-4-
integral part of the institution such related facil-
202—42-2-227. This definition does not include
ities as laboratories, outpatient departments, train-
implements of husbandry, farm tractors, farm or
ing facilities, emergency departments and staff
ranch equipment or vehicles customarily oper-
offices.
ated in a farm or ranch operation.
Hotel/motel. A facility offering transient lodg-
ing accommodations to the general public. Junkyard. A facility for the display, storage,
collection, processing, purchase, sale, salvage or
Immediate family. Those family members who disposal of used or scrap materials, equipment,
are by blood or marriage recognized as parent, junk vehicles, appliances or other personal prop-
sibling or child. erty whether of value or valueless. "Junkyard"

Supp. No. 13 LUC0:11

0.1.1 LARIMER COUNTY LAND USE CODE

does not include the storage of implements of Livestock. Cattle, horses, mules, burros, sheep,
husbandry, farm tractors, farm and ranch equip- swine, llamas and goats, regardless of use, and
ment or vehicles customarily operated in a farm any animals, except dogs and cats, that are used
or ranch operation. for working purposes on a farm or ranch and any
other animal designated by the state agricultural
Landscape area. That part of a property exclu- commissioner, which animal is raised for food or
sively set aside for living plant materials and fiber production.
associated nonliving ornamental materials such
as mulch, fencing, walls or decorative pavers. Livestock animal veterinary clinic/hospital. A
These areas may include pedestrian spaces and facility for the diagnosis, treatment and/or hospi-
certain other low impact uses but can not include talization of livestock.
any artificial plant materials, areas behind opaque Livestock auction. A facility where livestock are
fences or areas that can be accessed by vehicles. offered for sale to people who bid on the animals.

Legal lot. A lot, parcel or tract of land created Living quarters. That portion of a structure
by a legal conveyance of said lot, parcel or tract intended, designed and/or constructed to accom-
prior to May 5, 1972; a lot, parcel or tract shown modate sleeping, cooking and bathing.
on a subdivision plat which was approved and Living unit. One family, plus up to two addi-
recorded prior to May 5, 1972, according to the tional individuals whose place of residence is with
subdivision regulations in effect at the time of the family in the dwelling unit.
approval; a lot, parcel or tract created by approval
of the county commissioners in conformance with LOMR. A letter from the Federal Emergency
the subdivision regulations in effect at the time of Management Agency stating that an existing struc-
approval; or any parcel of 35 acres or more, which, ture or land parcel that has been elevated by fill
when created, did not cause a parcel of less than would not be inundated by the base flood.
35 acres to remain. Lot. A designated parcel, tract, or area of land
established by plat, subdivision, or as otherwise
Level of service (LOS). Applied to roads, a
permitted by law, to be separately owned, used,
qualitative measure describing operational condi-
developed, or built upon.
tions, from A (best) to F (worst) within a traffic
stream or at intersections, which is quantified for Lot depth. The average distance measured from
road segments by determination of a volume-to- the front lot line to the rear lot line.
capacity ratio (V/C), which is a measurement of
the amount of capacity of a road that is being used Lot line. A line of record bounding a lot that
by traffic. The maximum V/C or LOS-C is 0.79 divides one lot from another lot or from a public or
and the maximum V/C for LOS-D is 0.89. private street or road.
Lot line, front. The shortest lot line separating
Light industrial. A facility that houses the a lot from a street or road. The front lot line
secondary manufacture, assembly or packaging of designation is for the purpose of identifying the
products from previously-prepared materials, in- side and rear lot lines and it is not based on the
cluding but not limited to electronic instruments orientation of the house and/or buildings on the
or devices; food and beverage processing; scien- lot.
tific research and testing; and commercial baker-
ies. Lot line, rear. The lot line opposite the front lot
line.
Light trespass. The shining of direct light pro- Lot line, side. All lot lines other than front or
duced by a luminaire beyond the boundaries of rear lot lines.
the lot or parcel on which it is located.
Lowest floor. The lowest floor of the lowest
Livery stable. A stable where the general public enclosed area (including basement). An unfin-
may hire horses for riding. ished or flood-resistant enclosure, usable solely

Supp. No. 13 LUC0:12

 GENERAL PROVISIONS 0.1.1

for parking of vehicles, building access or storage attributes, including membership qualifications,
in an area other than the basement is not consid- payment of fees and dues, regular meetings and/or
ered a building's lowest floor, provided the enclo- a constitution and by-laws.
sure is not built in a way that results in the
structure violating the applicable nonelevation Microcell. A low-power CMRS facility used to
design requirements of this code. increase capacity in high telecommunications de-
mand areas or provide in-fill coverage in areas of
Major road system. All existing and planned weak reception, including a separate transmit-
county-maintained arterial and collector roads ting and receiving station serving the facility.
within unincorporated Larimer County, excluding
roads included on the regional road system as Mining. The act of exploring for and recovering
defined in the Larimer County Regional Capital stone, soil, peat, sand, gravel, limestone, coal,
Expansion Fee Regulation. granite or other mineral resources from the ground
for sale or for use off the property where it was
Manufactured home. A factory-built, single-
recovered. Mining does not include the removal of
family dwelling that complies with the National
loose surface stone; excavation solely for farm
Manufactured Housing and Construction Stan-
practices; excavation for a basement or footing for
dards Act of 1974, 42 U. S. C. 5401 et seq., as
a structure authorized by a valid building permit;
amended and bears the seal issued by either the
or grading authorized by a valid grading permit.
Department of Housing and Urban Development
or the Colorado Housing Authority which certifies
Mulch. Nonliving material uses for covering
that the structure is approved to be a dwelling.
bare ground between plant materials in a land-
Manufactured housing park. A parcel of land, scaped area to retain water, prevent erosion,
under single ownership, that has been planned lessen weeds and generally make a healthier
and improved for the placement of manufactured aesthetic environment for the plant materials.
homes for single-family dwelling purposes.
Nightclub. A facility used primarily for the sale
Mature crown. The width of an area occupied and dispensing of liquor or nonalcoholic bever-
by the branches of a healthy, full-grown tree that ages by the drink; where food may be available for
has not been pruned and has grown in a con- on-site consumption; and where live entertain-
structed landscape below 6,000 feet elevation. ment and/or dancing is provided. A nightclub does
not include any adult use.
Maximum extent feasible. When no prudent or
feasible alternative exists and all possible efforts Nonconforming lot. A lot or parcel of land that
to comply with regulations and minimize poten- does not meet one or more of the requirements of
tial harm or adverse impacts have been under- this code but is considered a legal lot because: 1)
taken. The lot was created by deed or other instrument
Maximum extent practicable. When, under the of property transfer executed before May 5, 1972;
circumstances, reasonable efforts have been taken or, 2) The lot was approved by the county commis-
to comply with the regulation or requirement and sioners on or after May 5, 1972; or, 3) The lot
the costs of compliance clearly out weigh the appears on a final plat of record approved by the
potential benefits to the public or would unrea- appropriate approval authority at the time the
sonably burden the proposed project and reason- plat was recorded.
able steps have been taken to minimize any
potential harm or adverse impacts resulting from Nonconforming structure. A structure that, by
the noncompliance. reason of its height, size, distance from a lot line,
encroachment on a setback or other dimensional
Membership club/clubhouse. A facility to ac- or bulk requirement, does not conform to the
commodate a group of people organized for a requirements of this code but did conform to all
common purpose to pursue common goals, inter- applicable zoning requirements at the time of its
ests or activities and characterized by certain construction.

Supp. No. 13 LUC0:13

0.1.1 LARIMER COUNTY LAND USE CODE

Nonconforming use. A use that does not con- but not limited to, lumber and builder supply
form to the requirements of this code but did yards, landscape materials, automobile and truck
conform to all applicable zoning requirements at sales, recreational vehicle sales, boat sales, farm
the time of adoption, revision or amendment of implement sales and manufactured housing sales,
this code. excluding flea markets.
Non-site-related improvements. Road capital im- Outdoor storage. A principal use where goods
provements and right-of-way dedications for roads such as recreational vehicles, boats and other
on the county's major road system that are in the large items, are stored outside of a building.
major road CIP that are not site-related improve-
Packing facility. A facility where locally-raised
ments.
farm products are to be prepared for shipping.
Nursing home. An extended or intermediate
Park-and-ride. A parking lot designed for driv-
care facility licensed or approved by a government
ers to leave their cars and use mass transit or car
agency to provide full-time convalescent or chronic
pools that begin, terminate or stop at the park-
care to two or more people who, by reason of
and-ride facility.
advanced age, chronic illness or infirmity, are
unable to care for themselves. Parking lot/garage. A facility designed and
improved for temporary, daily or overnight park-
Obstruction. Any dam, wall, wharf, embank-
ing of automobiles or light trucks.
ment, levee, dike, pile abutment, projection, exca-
vation, channel rectification, bridge structure or Parkway. An area of grass or other living
matter located in, along, across or projecting into landscape materials between a road and a side-
any channel, water course or regulatory flood walk.
hazard area that may impede, retard, or change
the direction of the water flow, either in itself or Participating local governments. Any munici-
by catching or collecting debris carried by such pality or other local government within Larimer
water; or that is located where the flow of water County that has entered into an intergovernmen-
might carry debris downstream to the damage of tal agreement with Larimer County to implement
life and property elsewhere. the provisions of section 9 of this code.

Oil and gas drilling and production. Any oper- Perennial. A plant that, under typical condi-
ation intended to discover, develop, recover and/or tions, lives for a minimum of three years.
process oil and/or gas. Permanent fireworks sales. A facility where
On center. A landscaping term that refers to the fireworks are stored, shipped, packaged or sold
spacing of plant materials by locating the trunk (not including a temporary fireworks stand) and
or center of the plant a specified distance from the that has a valid permit from the county building
center of the next plant. department for the current fireworks sales sea-
son.
On-site sewage treatment system. A sewage
system installed on a lot or parcel and designed to Person. An individual, corporation, governmen-
treat the sewage generated from the uses on that tal agency, business trust, estate, trust, partner-
parcel or lot. ship, association, two or more people having a
joint or common interest or any other entity.
Opaque. Unable to be seen through.
Personal service. A facility primarily engaged
Ornamental tree. A small deciduous tree that is in providing services involving the care of a per-
no more than 30 feet tall at maturity with no son and his/her apparel, appearance or personal
more than a 30-feet wide mature crown. goods.
Outdoor display and sales. A principal commer- Pet animal. Dogs, cats, rabbits, guinea pigs,
cial use that requires the outdoor display of hamsters, mice, ferrets, birds, fish, reptiles, am-
materials, parts, inventory or goods including, phibians and invertebrates or any other species of

Supp. No. 13 LUC0:14

 GENERAL PROVISIONS 0.1.1

wild or domestic or hybrid animal, except live- ity and where the indoor storage and sale of
stock, sold, transferred or retained for the pur- merchandise is secondary to the conduct of the
poses of being kept as a household pet. Pet animal business or profession.
includes dogs and cats kept for working purposes
on a farm or ranch. Professional geologist. A person who is a grad-
uate of an institution of higher education that is
Pet animal facility. Any place or premise used accredited by a regional or national accrediting
in whole or in part, which part is used for the agency with a minimum of 30 semester hours (45
keeping of pet animals for the purpose of adop- quarter hours) of undergraduate or graduate work
tion, breeding, boarding, day care, training, groom- in a field of geology and whose post-baccalaureate
ing, handling, selling, sheltering, trading or oth- training has been on the field of geology with a
erwise transferring such animals. Pet animal specific record of an additional five years of geo-
facility also includes any individual animals kept logical experience to include no more than two
by such a facility as breeding stock. Pet animal years of graduate work.
facility does not mean a common carrier engaged
Property owner in the vicinity of the proposal.
in intrastate or interstate commerce. Two or more
Those property owners in the vicinity of a devel-
pet animal facilities that have the same or similar
opment application and includes all those owners
purpose and operate from one place or premise
within at least 500 feet of the boundaries of the
are considered a single pet animal facility.
site of the application.
Pet animal veterinary clinic/hospital. A facility Public central wastewater system. A publicly-
for the diagnosis, treatment and/or hospitaliza- owned, centralized sewage collection and treat-
tion of pet animals. ment system.
Place of amusement or recreation. A facility Public park and playground. A parcel of land
offering games, sports, exhibitions and/or rides. designated and used by the public for passive and
This does not include golf courses, country clubs, active recreation. It may include a variety of
shooting ranges or livery stables. facilities, including equipment for younger chil-
dren as well as court and field games.
Planning director. The person appointed by the
county commissioners to head the planning and Radio and television transmitter. A facility con-
building services division, including those per- sisting of antennas and transmitters for sending
sons designated by the planning director to act in audio and visual programs to the public.
his/her stead.
Rafting business. A facility for the operation of
Power plant. A facility designed, constructed a commercial rafting business where vehicles,
and operated to generate electric power by steam, rafts and other equipment are stored and where
wind, solar, water or other means. customers congregate to change clothes and be
transported to and from the put in and take out
Primary heat source. A heating system capable sites.
of maintaining room temperatures at 70 degrees
Receiving area. Areas designated by descrip-
Fahrenheit at a point three feet above the floor in
tion or on a zoning map to which TDUs may be
all habitable rooms during cold, inclement weather
transferred.
at all times, even when the structure is not
occupied. Receiving parcel. An individual parcel or group
of parcels administered as a single parcel that has
Principle use. The primary or predominate use a site-specific plan and a specific number of dwell-
of a lot. ing units determined for acquisition.
Professional office. A place used primarily to Recreational vehicle. A vehicle designed to be
conduct the affairs of a business, profession, ser- used primarily as temporary living quarters for
vice, industry, government or other similar activ- recreational, camping, travel or seasonal use that

Supp. No. 13 LUC0:15

0.1.1 LARIMER COUNTY LAND USE CODE

either has its own motor power or is mounted on system. The regional road system is identified in
or towed by another vehicle, including camping Exhibit A (part of Table 9.6.12 [9.6.8.III]), which is
trailers, fifth wheel trailers, motor homes, travel attached to this code.
trailers and truck campers.
Regulatory flood datum. The reference eleva-
Recreational vehicle park/campground. A par- tion above mean sea level that represents the
cel of land where two or more recreational vehicle peak elevation of the 100-year return frequency
sites and/or camping sites are located, established flood.
or maintained for occupancy by recreational vehi- Regulatory flood protection elevation. The ele-
cles or camping units of the general public as vation of one and one-half feet above the regula-
temporary living quarters for travel, vacation or tory flood datum.
recreation purposes.
Rehabilitation facility. A facility providing ac-
Recycling. A facility where used material is commodation, treatment and medical care.
separated, processed and stored prior to shipment
to others who use the materials to make new Residual land. An area, which may include
products. agricultural land and environmentally sensitive
areas designated to be protected from develop-
Regional park land. Land owned or operated ment. Residual land may be commonly owned by
by or on behalf of Larimer County or the partici- one or more parties. Residual land does not in-
pating local governments and dedicated or used clude streets, sidewalks or parking areas.
for the purpose of regional parks. Regional parks
are typically more than 250 acres, provide recre- Resort lodge/cabins. A building or group of
ation opportunities associated with experiencing buildings, under single management and owner-
the natural environment and may include unique ship, containing rooms and/or dwelling units avail-
historic, archaeological or paleontologic features. able for temporary rental to transient guests, and
where the primary attraction is generally recre-
Regional road capital improvements. The trans- ational features or activities.
portation planning of preliminary engineering,
Restaurant. An establishment where the prin-
engineering design studies, land surveys, align-
cipal business is the sale of food and beverages in
ment studies, right-of-way acquisition, engineer-
a ready-to-consume state. Fermented malt bever-
ing, permitting and construction of all necessary
ages, malt, special malt and vinous and spiritu-
features for any regional road on the regional
ous liquors may be produced on the premises as
road CIP undertaken to accommodate additional
an accessory use.
traffic resulting from new traffic-generating de-
velopment. This includes but is not limited to Restaurant-sit down. A facility where food and/or
construction of new through lanes; construction of beverages are prepared and served to patrons for
new bridges; construction of new drainage facili- consumption primarily within the principal build-
ties in conjunction with new road construction; ing.
purchase and installation of traffic signals includ-
ing new and upgraded signalization; construction Restaurant-take out. A facility where food and/or
of curbs, gutters, sidewalks, medians and shoul- beverages are sold in a form ready for consump-
ders; relocating utilities to accommodate new tion primarily off the premises.
road construction; construction and reconstruc- Retail sales event. An event for the purpose of
tion of intersections; widening of existing regional selling, to the ultimate consumer, goods produced
roads; bus turnouts; acceleration and deceleration on the premises in a home occupation.
lanes; interchanges; and traffic control devices.
Retreat. A facility for four or more people to
Regional road system. Roadways identified by occupy on a short-term basis (less than 30 consec-
the participating local governments as major inter- utive days in any calendar year) offering over-
urban travel corridors or as major corridors that night accommodations for a fee for study or in-
connect urban areas to the interstate highway struction.

Supp. No. 13 LUC0:16

 GENERAL PROVISIONS 0.1.1

Riding academy. A facility for the care and/or Sending area. Areas designated by description
boarding of horses where instruction in riding, or on a zoning map from which TDUs may be
jumping and showing is offered. transferred.
Road capital improvement. (See Regional road Sending parcel. An individual parcel or group
capital improvement). Differs in that it applies to of parcels administered as a single parcel that has
county's major road system instead of regional completed the process for having TDUs assigned
road CIP. to it.

Roof. The cover of any building, including the Setback. The minimum required distance, mea-
eaves and similar projections. The cover may be sured at the shortest distance perpendicular or
solid, open beams, lattice, fabric, or similar mate- radial from, a lot line, waterway, street or road,
rials. between a building and the lot line, waterway,
street or road.
Sales lot. The area where a seller of vehicles,
boats, farm machinery, mobile homes or similar Shade tree. A large deciduous tree that is at
items park such items for storage, display and least 30 feet tall at maturity with at least a
sale as part of the sales operation. 30-feet-wide mature crown.

Sawmill. A facility where logs or partially Sheriff/fire station. A facility for neighborhood
processed cants are sawn, split, shaved, stripped, or small area operations of the sheriff or fire
chipped or otherwise processed to produce wood department (which is not the headquarters for
products, not including the processing of timber either entity) and where equipment and vehicles
for use on the same lot by the owner or resident of are stored and maintained.
the lot. Sign. Any device, fixture, placard, structure or
School, nonpublic. Any private or parochial part thereof that uses any color, form, graphic,
school or any school operated as a commercial illumination, symbol or writing to advertise, an-
enterprise that provides education to more than nounce or identify the purpose of a person or
eight unrelated pupils of compulsory school age. entity or to communicate information of any kind
to the public. The definition of sign does not apply
School, public. A facility that provides a curric- to official road signs installed under federal, state,
ulum of elementary and secondary academic in- municipal or county regulations.
struction, including kindergarten, elementary
school, middle school, junior high school, high Single-family equivalent (SFE). The demand
school, college or university studies and that for community park lands represented by a single-
receives most of its funding from a government family dwelling. A single-family detached dwell-
agency. ing represents one SFE, while the number of
SFEs for other housing types is the ratio of the
Screen. Screening provides a complete, opaque, average household size of the housing type to the
yearround visual separation between differing average household size of single-family detached
land uses. dwelling units.
Seasonal camp. A land parcel under single Shooting range. A facility designed and ar-
ownership and management having tents, build- ranged to accommodate fixed or moving targets
ings or other shelters (not including recreational for shooting practice with firearms or bow and
vehicles or mobile homes) for recreational or ed- arrow.
ucational purposes and accommodating four or
more people for two or more days, or portions Site plan. The development plan for one or
thereof. more lots showing the existing and proposed
conditions of the lot. This includes topography;
Semi-opaque. Severely limiting vision by plant- vegetation; drainage; floodplains; wetlands and
ing trees and shrubs in multiple rows or with waterways; landscaping and open spaces; walk-
reduced spacing between plants. ways; means of ingress and egress; circulation;

Supp. No. 13 LUC0:17

0.1.1 LARIMER COUNTY LAND USE CODE

utility services; structures and buildings; signs gies tailored to the specific issues of the area
and lighting; berms, buffers and screening de- being studied. Once adopted, they are part of the
vices; surrounding development; and other infor- county master plan.
mation that may be reasonably required for the
planning director to make a decision. Special places of Larimer County. Sites and
structures listed on the state and National Reg-
Site-related improvements. Those road capital ister of Historic Places, identified in the Larimer
improvements and right-of-way dedications that County Open Lands Master Plan or designated by
provide direct access to the development. Direct the board of county commissioners through the
access improvements are typically located within process specified in the appendix I of the open
or adjacent to a development and include, but are lands master plan.
Larimer County not limited to, the following:
driveways and streets leading to and from the Specified anatomical areas. Human genitals,
development; right- and left-turn lanes leading to pubic hair, vulva and female breasts below a point
those driveways and streets; and traffic control immediately above the areola if less than com-
measures for those driveways and internal streets. pletely or opaquely covered; and human male
Credit is not provided for site-related improve- genitals in a discernibly turgid state even if
ments under the terms of this code. completely and opaquely covered.

Site-specific development plan. A final plat for a Specified sexual activity. Human genitals in a
subdivision, conservation development, planned state of sexual arousal; acts of human masturba-
development, TDU exemption plat or rural land tion; sexual intercourse or sodomy; and fondling
plan or a special review site plan. or other erotic touching of human genitals, pubic
regions, buttocks, vulva or female breasts.
Small animal hobby breeder facility. Any facil-
ity that transfers a number of animals less than
Stable. A facility where horses are kept.
the maximum number established by the Colo-
rado Commissioner of Agriculture by rule for each
Start of construction. Includes substantial im-
particular species.
provement and means the date the building per-
mit was issued, provided the actual start of con-
Small wind energy facility. A facility which is
struction, placement or other improvement was
used for the production of electrical energy from
within 180 days of the permit date. The actual
energy supplied by the wind including any trans-
start means the first placement for permanent
mission lines, and developed for the purposes of
construction of a structure on the site, such as the
supplying or distributing electrical energy to a
pouring of a slab or footings or the installation of
customer or customers, and in which there are no
piles or foundations. Permanent construction does
more than three wind generator towers and the
not include:
hub height of the wind towers does not exceed 80
feet. 1. Land preparation, such as clearing, grad-
ing and filling;
Sod farm, tree farm, nursery. Any land parcel
containing at least three acres used to raise lawn 2. Installation of streets and/or walkways;
grasses, trees, flowers, shrubs and other plants
for sale or transplanting where there is no retail 3. Excavation for a basement, footings, piers
sale of plants on the site. or foundations or the erection of tempo-
rary forms;
Special area plan. Detailed plans and studies,
adopted by the planning commission, for those 4. Installation on the property of accessory
parts of the county that present unique land use buildings, such as garages or sheds not
issues and opportunities and result in special occupied as dwelling units or not part of
land use principals and implementation strate- the main structure.

Supp. No. 13 LUC0:18

 GENERAL PROVISIONS 0.1.1

State-licensed group home. A single-family dwell- Trade use. A business or occupation requiring
ing licensed by a government agency for the specialized training in a manual or mechanical
purpose of providing special care or rehabilitation skill, including but not limited to carpentry; plumb-
of the occupants. ing; sheet metal; electrical; auto repair; heating;
ventilation and air conditioning; furniture uphol-
Stream, creek and river. Any water course
stery; and machine shops.
having a source and terminus, banks and channel
through which water flows and is identified on a Traffic-generating development. Land develop-
7.5 minute quadrangle map prepared by the United ment designed or intended to permit a use of the
States Geological Society as a perennial or inter- land that will contain more dwelling units or floor
mittent stream. space than the most intensive use of the land
within the 12 months prior to the commencement
Street or road. A general term denoting a public
of traffic-generating development in a manner
or private way for purposes of vehicular travel to
that increases the generation of vehicular traffic.
two or more lots, including the entire area within
the right-of-way (includes alleyways) and/or ac- Traffic-generating development, commencement
cess easement. of. Occurs upon the approval of a final plat for a
subdivision, planned development or conserva-
Structure. Anything constructed or erected and
tion development or the issuance of a building
that requires a permanent location on or in the
permit, whichever occurs first after the effective
ground or attachment to something having a
date of this code.
permanent location on or in the ground, but not
including fences six feet or less in height and Trail and trailhead. A land parcel designated
retaining walls four feet or less in height, irriga- and used by the public for hiking, biking, horse-
tion facilities, poles, lines, cables or other trans- back riding or other recreational activities with a
mission or distribution facilities of public utilities. facility for the parking of motor vehicles that
Landscape and associated nonliving ornamental provides safe access to the trail.
landscape features or materials, such as rocks
and edging, are excluded from this definition. Train station. A facility designed and improved
for the loading and unloading of passengers and
Sufficient. Having the information necessary to cargo, including facilities for repairing and refu-
demonstrate compliance with the land use code. eling trains.
Supplemental irrigation. Water provided to plant Transferrable density unit (TDU). A unit of
materials in excess of natural rainfall. density, measured as one dwelling unit, that has
Temporary. Existing for a fixed or limited time been established and assigned to a sending par-
period but not exceeding 30 days in any 12-month cel.
period unless otherwise specified by this code. Transient. Of a temporary nature and not to
Threatened or endangered species. Plants and exceed 30 days in any calendar year.
animals identified by the federal government as Transition. Using landscaping to smooth and
threatened or endangered or proposed for threat- screen the from one type of land use to another.
ened or endangered status, plants and animals
identified as rare and/or sensitive by the Colorado Transportation depot. Land and buildings used
Division of Wildlife and plants or animals identi- as a relay station for the transfer of a load of
fied as ranking G1 or G2 by the Colorado Natural freight from one vehicle to another or from one
Heritage Program. party to another. Long-term or accessory storage
is not permitted in a transportation depot.
Townhouse. A single-family dwelling attached
to at least one other such dwelling by a common Transportation service. A facility engaged pri-
vertical wall, and each unit has its own front and marily in providing passenger transportation ser-
rear access to the outside and no unit is located vices, including, but not limited to, limousine
over another unit. service and taxicabs.

Supp. No. 13 LUC0:19

0.1.1 LARIMER COUNTY LAND USE CODE

Treatment plant. A facility for the treatment of Vehicle miles of travel (VMT). The combination
sanitary sewage that complies with the minimum of the number of vehicles traveling during a given
standards specified in the Design Criteria Con- time period and the distance (in miles) that they
sidered in the Review of Wastewater Treatment travel.
Facilities, Colorado Department of Health and
Vehicle repair. The repair and maintenance of
Environment, Water Quality Control Commis-
automobiles, motorcycles, trucks, trailers, recre-
sion, or a facility for the treatment of raw water
ational vehicles, or similar vehicles including but
designed to meet the water quality requirements
not limited to engine, body, fender, muffler, or
contained in the Colorado Primary Drinking Wa-
upholstery work, oil change and lubrication, paint-
ter Regulations.
ing, tire service and sales, or installation of equip-
Tree farm. Any parcel of land used to raise and ment.
harvest trees for wood products, such as lumber,
Veterinary clinic/hospital. A facility for the
posts and poles, fuel wood and Christmas trees,
diagnosis, treatment and hospitalization of ani-
where forest products are sold on-site or trans-
mals.
ported to market and such parcel is included in a
forest management plan approved by the Colo- View corridor. A continuous, undisturbed open
rado State Forest Service or other state certified space often terminating in a significant visual
forestry consultant. landmark, such as public open space or parks,
mountain ranges or peaks, ridgelines or bodies of
Trip. A one-way movement of vehicular traffic
water.
from an origin (one trip end) to a destination (the
other trip end). Water storage facility. A pond, lake, tank or
basin, natural or man-made, used for the storage,
Trip generation. The attraction or production of
regulation and/or control of water.
trips caused by a certain type of land develop-
ment. Wind generator. A generator specifically de-
signed to convert the kinetic energy in wind into
Truck stop. A facility for the servicing, repair
electrical energy. A wind generator may include a
and maintenance of motor vehicles, including the
generator, tower and associated control or conver-
dispensing of motor fuels or other petroleum
sion electronics. The height of a wind generator is
products directly into the vehicles. A truck stop
measured at the hub of the generator.
may include a restaurant, overnight accommoda-
tions, showers and other facilities intended to Xeriscape. Landscaping concept that requires
serve travelers. less water on vegetation than is suited to soils
and climate.
Utility substation. Any electric transmission
(Res. No. R-02-73, 4-15-2002; Res. No.
lines, substations or electric utilities, major gas
11122002R001, 9-23-2002; Res. No. 04292003R005,
regulator station, transmission and gathering pipe-
4-29-2003; Res. No. 06172003R009, 6-17-2003;
lines and storage areas of utilities providing nat-
Res. No. 12092003R001, Exh. A., 11-10-2003; Res.
ural gas or petroleum derivatives and their ap-
No. 03302004R001, § 1(Exh. A), 3-15-2004; Res.
purtenant facilities.
No. 10052004R001, Exh. A, 10-5-2004; Res. No.
Value added agricultural processing, The pro- 12062005R012, Exh. A, Item 1, 12-6-2005; Res.
cessing and/or packaging of agricultural products, No. 09122006R002, App. A, 9-12-2006; Res. No.
excluding the processing of fish, meat or game. 09262006R024, Exh. A, Item 3, 9-26-2006; Res.
Examples include but are not limited to: the No. 04102007R009, Exh. A, 4-10-2007; Res. No.
making of alfalfa pellets, herbal products, food 04102007R018, Exh. A, 4-10-2007; Res. No.
products, wreaths, woolen products, cheese, and 08212007R004, Exh. A, 8-21-2007; Res. No.
candles. Value added processing may include the 08282007R005, Exh. A, 8-28-2007; Res. No.
sales of agricultural products grown on the site or 10302007R004, Exh. A, 10-30-2007; Res. No.
value added agricultural products produced on 01292008R003, Exh. A, 1-29-2008; Res. No.
the site. 04012008R002, Exh. A, 6-3-2008; Res. No.

Supp. No. 13 LUC0:20

 GENERAL PROVISIONS 0.1.1

06032008R003, Exh. A, 6-3-2008; Res. No.

10282008R004, Exh. A, 10-28-2008; Res. No.
10282008R005, Exh. A, 10-28-2008; Res. No.
02172009R010, Exh. A, 2-17-2009; Res. No.
02172009R011, Exh. A, 2-17-2009; Res. No.
04282009R001, Exh. A, 4-28-2009)

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1.0.

INTRODUCTION

[1.1. Background and Context]

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INTRODUCTION

[1.1. BACKGROUND AND CONTEXT]

Larimer County's Land Use Code Larimer
County has had land use and zoning regulations
for decades, going back to 1963. These regulations
set the rules for developing land in the unincor-
porated areas of the county and are intended to
protect landowner rights while also looking out
for overall community interests.
In 1995, the county commissioners decided the
county's land use and zoning regulations were
uncoordinated, sometimes confusing and occasion-
ally contradictory. The commissioners wanted to
collect those regulations into one, hopefully user
friendly document that eliminated those contra-
dictions and also responded to the changing needs
of a rapidly-growing county approaching the 21st
century.
The commissioners knew they couldn't do it
alone. After recruiting hundreds of dedicated cit-
izen volunteers representing a wide spectrum of
views on land use and government regulation,
they held scores of meetings to revise old, dated
regulations as well as create some completely new
ones. These regulations were combined into a
document titled "The Larimer County Land Use
Code."
The proposed land use code was then presented
at numerous public meetings and hearings through-
out the county. The opinions and comments heard
at those meetings were incorporated into this
edition of the land use code.
This document represents the ideas, policies
and regulations assembled to this point. Even a
final adopted version will evolve as the years go
by in order to respond to continuing changes and
new ideas.
Some of the sections of this code are reserved
for regulations that may be adopted in the future.
These sections are labeled "reserved." Reserving
sections allows future regulations to be inserted
into the code without disrupting its organiza-
tional integrity. No regulations will be adopted
and inserted into the code without a full public
hearing process.

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2.0.

TITLE, AUTHORITY AND PURPOSE

2.1. Title
[2.1.1. Title and reference.]

2.2. Authority

2.3. Purpose
[2.3.1. Purpose of code.]

2.4. Applicability

2.5. Minimum Standards

2.6. Review Criteria

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 TITLE, AUTHORITY AND PURPOSE 2.3.1

2.1. TITLE fare of Larimer County residents and to imple-

ment the Larimer County Master Plan adopted
[2.1.1. Title and reference.] Nov. 19, 1997, and any future amendments. The
master plan includes the comprehensive parks
This document [part II of this volume] is called
master plan, the plan for the region between Fort
the "Larimer County Land Use Code." It will be
Collins and Loveland, the Laporte Area Land Use
referred to throughout the text as the "code."
Plan, the Fossil Creek Reservoir Area Plan, the
transportation plan and other plans that the
2.2. AUTHORITY planning commission may adopt. More specifi-
cally, this code is intended to:
Authority to adopt this code is given by the
Colorado Constitution and the following sections A. Provide for the physical development of
of the Colorado Revised Statutes, as amended: the county in order to:

A. Article 32 of Title 22 (Zoning, Planning 1. Preserve the character and quality

and Building Code Duties of School Dis- of rural and urban areas;
trict Boards); 2. Foster convenient, harmonious and
B. Article 65.1 of Title 24 (Areas and Activi- workable relationships among land
ties of State Interest); uses; and
3. Achieve the principles and strate-
C. Article 68 of Title 24 (Vested Property
gies described in the master plan.
Rights);
D. Article 6 of Title 28 (Division of Aviation); B. Maintain and enhance property values by
stabilizing expectations, fostering predict-
E. Article 20 of Title 29 (Local Government ability in land development and establish-
Land Use Control Act); ing a process that efficiently and equita-
F. Article 11 of Title 30 (County Powers and bly applies this code to individual sites
Functions); while respecting property owner rights
and the interests of Larimer County citi-
G. Article 15 of Title 30 (County Regulations zens. This requires balancing economic
under Police Power); development with community values and
H. Article 28 of Title 30 (County Planning individual property rights.
and Building Code); C. Promote the economic stability of existing
I. Article 1 of Title 32 (Special District Act/ land uses that are consistent with the
Provisions); master plan and protect them from intru-
sions by incompatible or harmful land
J. Article 1 of Title 34 (Preservation of Com-
uses.
mercial Mineral Deposits);
K. Article 30.5 of Title 38 (Conservation Ease- D. Prevent excessive population densities and
ments); overcrowding of land or buildings and
ensure the provision of adequate open
L. Article 2 of Title 43 (State, County and space for fire safety, sunlight and air.
Municipal Highways); and
E. Ensure that service demands of new de-
M. Article 4 of Title 41 (Airports). velopment will not exceed the capacity of
existing roads, streets, utilities and other
public services and that new develop-
2.3. PURPOSE
ment, to the extent allowed by state stat-
ute, will pay its fair share of the cost of
[2.3.1. Purpose of code.]
infrastructure additions and improve-
The purpose of this code is to preserve, protect ments needed to serve such new develop-
and improve the health, safety and general wel- ment.

Supp. No. 12 LUC2:3

2.3.1 LARIMER COUNTY LAND USE CODE

F. Protect critical environmental resources, When a review criterion requires compliance

including wetlands, riparian areas, impor- with standards and requirements of this code, an
tant wildlife habitats and special places of appeal of the standard or requirement that is
Larimer County. approved has the same effect as if the standard or
requirement was met.
G. Promote the preservation of agricultural
(Res. No. 05022006R001, 5-2-2006)
land and the continuation of agriculture.
H. Prevent or decrease the danger to life and
property from flooding, geologic hazards
and wildfire.

2.4. APPLICABILITY
A. This code applies to the development and
use of land in unincorporated Larimer County,
except land in the Estes Valley shown on the map
in the technical supplement. However, sections
4.2.2, 5.8, 5.11, 7.0 and 9.0 do apply to land in the
Estes Valley.
B. This code applies to land owned by the
county and other local, state and federal agencies
to the extent allowed by law.
C. This code and the official zoning map gov-
ern the application of the zoning districts and
related standards.
(Res. No. 07292008R010, Exh. A, 6-3-2008)

2.5. MINIMUM STANDARDS

The provisions of this code are the minimum
standards necessary to accomplish the purposes
of this code and implement the master plan.

2.6. REVIEW CRITERIA

Review criteria are included in this code for
each type of development application. Because
Larimer County is a diverse area in terms of
topography, land use types, densities and public
facilities, the board of commissioners and the
board of adjustment recognize that all review
criteria will not be applicable to all development
applications.
Review criteria cannot be appealed. It is the
applicant's responsibility to demonstrate compli-
ance with review criteria or to demonstrate that a
particular review criterion is not applicable to his
or her application.

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3.0.

INTERPRETATION OF CODE AND ZONING MAP AND CHANGING TEXT OF CODE

3.1. Purpose

3.2. General Rules

3.3. Rules for Language Construction

3.4. Rules for Interpreting the Official Zoning Map

3.5. Interpretation of the Code Text

3.6. Previously Approved Projects and Projects in Process

3.7. Severability

3.8. Amending the Code Text

3.8.1. Purpose.
3.8.2. Review criteria for changing the code text.
3.8.3. Process for changing the code text.

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INTERPRETATION OF CODE 3.3

3.1. PURPOSE 3.3. RULES FOR LANGUAGE

CONSTRUCTION
This section establishes rules for interpreting
and amending the text of this code and the official A. Words and phrases must be read in context
zoning map. The meanings and construction of and construed according to the rules of grammar
words and phrases established in this section and common usage. Words and phrases that have
apply throughout the code. acquired a technical or particular meaning, whether
by definition under the definitions section of this
code, by legislative declaration or otherwise, must
3.2. GENERAL RULES
be construed accordingly.
A. This code does not prevent division of land
into 35-acre parcels, as allowed under state law. B. The particular controls the general.

B. No person, firm or entity may use, occupy or C. Mandatory requirements use the words
develop land or structures unless that use, occu- "shall," "must" or "will" and are sometimes la-
pancy or development complies with this code. beled Standards. Recommendations use the words
"may" or "should" and are sometimes labeled
C. Nothing in this code allows a public or Guidelines.
private nuisance to be established or maintained.
D. Words used in the present tense include the
D. If a conflict occurs between this code and a future, unless the context clearly indicates other-
state statute or a county resolution or regulation, wise.
the more restrictive provision controls unless oth-
erwise specified in this code. E. Unless the context clearly indicates other-
wise, the word "and" indicates all connected words
E. If this code imposes a greater restriction or provisions apply. The word "or" indicates con-
than that imposed by a private easement, cove- nected words or provisions may apply singly or in
nant, agreement, deed restriction, recorded plat any combination. The words "either . . . or" indi-
or other restrictive covenant, this code controls.
cate the connected words or provisions apply
singly but not in combination.
F. This code does not validate or legalize any
land use or structure established, constructed,
F. Words indicating a specific gender apply to
developed or maintained that violated a prior
land use code, county resolution, regulation, ease- all persons and things unless the context clearly
ment, covenant, agreement, plat, deed restriction indicates otherwise.
or other restrictive covenant in effect prior to the
effective date of this code. G. A reference to days is to calendar days
unless otherwise specified in this code or state
G. No development can commence without prior statute. If a deadline falls on a weekend or county
authorization as required by this code. holiday, the deadline extends to the next working
day.
H. In the event a matter is brought before the
board of adjustment, planning commission or H. When computing a period of days, the first
county commissioners, all or in part to "cure" a day is excluded and the last day is included. If the
violation or alleged violation of this code, the last day falls on a weekend or county holiday, the
review criteria applied shall be those as stated in last day is the next working day.
the Code for the applicable type of approval
without regard to past investment in an illegal I. Section and subsection headings are for con-
use. venience only. They do not govern, limit or modify
(Res. No. 05032005R001, Exh. A, 5-3-2005) the scope, meaning or intent of this code.

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3.4 LARIMER COUNTY LAND USE CODE

3.4. RULES FOR INTERPRETING THE revision or amendment to this code is considered
OFFICIAL ZONING MAP a legal, nonconforming use or structure. Legal,
A. The location and boundaries of the zoning nonconforming uses and structures can remain
districts established by this code are shown on the subject to the provisions of section 4.8 (nonconformi-
official zoning maps of Larimer County. These ties).
maps have been adopted by the county commis-
B. Legal lots. Legal lots are: (1) parcels created
sioners and are incorporated as part of this code.
in conformance with previously adopted county
The county commissioners intend that all unin-
regulations; or (2) parcels created by deed or other
corporated areas within Larimer County be in-
legal conveyance prior to the adoption of county
cluded in a zoning district.
regulations. Development of any legal lot of record
B. A zoning district boundary shown as approx- or parcel legally existing on the effective date of
imately following a property line, municipal bound- this code must conform to all other provisions of
ary or county boundary is construed to follow that this code unless otherwise excepted (see subsec-
property line. tion 4.8.9 (extension, expansion or change of char-
C. Where a zoning district boundary line di- acter, and definitions, legal lot).
vides a lot, the location of the zoning district
boundary is determined by using the scale appear- C. Projects approved prior to the adoption or
ing on the official zoning map unless the bound- subsequent amendment of the code. Any variance,
ary is indicated by dimensions printed on the special exception, rezoning, special review, minor
official zoning map. When there is a conflict residential development, preliminary plat or pre-
between scaled and printed dimensions, the printed liminary phase plan approved under previous
dimensions control. county land use regulations remains valid until
the expiration date. County commissioners, the
D. Where a zoning district boundary is shown floodplain review board or board of adjustment,
as approximately following a road, alley, railroad, as applicable, may grant one extension not to
stream, river, irrigation ditch or other identifiable exceed six months following a complete applica-
map feature, the zoning district boundary is con- tion made to the planning director. Any subse-
strued to be the centerline of the map feature. quent application for extension must show that
E. If there is uncertainty about the location of the variance, special exception, rezoning, special
a zoning district boundary or other feature shown review, preliminary plat or preliminary phase
on the official zoning maps, a determination will plan complies with this code. Any significant
be made by the planning director. That decision modification to an approved project must comply
can be appealed to the board of adjustment. with this code.

The planning director determines whether a

3.5. INTERPRETATION OF THE CODE proposed modification is significant. The plan-
TEXT ning director's decision can be appealed to the
A. All interpretations of code text are made by county commissioners or board of adjustment, as
the planning director. applicable, within 30 days of the decision.
B. The planning director's interpretations of D. Projects under review prior to code adoption
the code text can be appealed to the county or subsequent amendment. Any complete applica-
commissioners. tion for preliminary plat, preliminary phase plan,
(Res. No. 07192005R010, Exh. A, 7-19-2005) special review or rezoning submitted to the plan-
ning department for review prior to the adoption
of this code will be reviewed under regulations in
3.6. PREVIOUSLY APPROVED PROJECTS
effect on the date of the application.
AND PROJECTS IN PROCESS
A. Legal, nonconforming uses and structures. A project under review must proceed through
A use or structure that does not conform to this the process in a timely manner. Any preliminary
code but legally existed prior to the adoption, plat, preliminary phase plan, special review or

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INTERPRETATION OF CODE 3.8.3

rezoning not heard by county commissioners within B. The proposed change is necessary to cor-
six months of the adoption date of this code must rect an omission or error in the code.
comply with this code. (Res. No. 05022006R001, 5-2-2006)

Any complete application for special exception 3.8.3. Process for changing the code text.
or variance filed with the board of adjustment
prior to adoption of this code will be reviewed Changes to the code text may be initiated by
under regulations in effect on the date of the the county commissioners through the planning
application. Any such application for special ex- department. All changes to the code text require
ception or variance not heard by the board of planning commission review and adoption by the
adjustment within six months of the adoption county commissioners at a public hearing. The
date of this code must comply with this code. processes for planning commission review and
county commissioner public hearings are de-
E. Compliance with permit conditions. All scribed in section 12.2, development review pro-
projects approved prior to adoption of this code cedures. Private citizens may suggest changes to
must comply with all conditions applied to that the code to the county commissioners. It will be
project by the approval authority. solely in the discretion of the county commission-
ers whether to accept such suggested changes for
possible adoption. If the county commissioners
3.7. SEVERABILITY accept such changes, the proposed changes will be
referred to the planning department for process-
Except as provided in subsection 4.2.3L (mis- ing. The suggested changes will require planning
cellaneous), a determination by a court that a commission review and adoption by the county
provision of this code is unconstitutional or in- commissioners at a public hearing.
valid does not make the remainder of the code
unconstitutional or invalid. A determination by a To change the official zoning map, see section
court that the application of this code to a partic- 4.4, amending the official zoning map.
ular structure or parcel of land is unconstitu-
tional or invalid does not apply to any other
structure or parcel of land.

3.8. AMENDING THE CODE TEXT

3.8.1. Purpose.

The purpose of this section is to provide a

method for changing the code text.

3.8.2. Review criteria for changing the code

text.

To approve a change in the land use code text,

the county commissioners must consider the fol-
lowing review criteria and find that each criterion
has been met or has been determined to be
inapplicable:

A. The proposed change is consistent with

the master plan and the intent and pur-
pose of this code; and/or

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 4.0.

ZONING*

4.1. Zoning Districts

4.1.1. FA-Farming.
4.1.2. FA-1 Farming.
4.1.3. FO-Forestry.
4.1.4. FO-1 Forestry.
4.1.5. O-Open.
4.1.6. E-Estate.
4.1.7. E-1 Estate.
4.1.8. RE-Rural estate.
4.1.9. RE-1 Rural estate.
4.1.10. R-Residential.
4.1.11. R-1 Residential.
4.1.12. R-2 Residential.
4.1.13. M-Multiple-family.
4.1.14. M-1 Multiple-family.
4.1.15. A-Accommodations.
4.1.16. T-Tourist.
4.1.17. B-Business.
4.1.18. C-Commercial
4.1.19. I-Industrial.
4.1.20. I-1 Heavy industrial.
4.1.21. AP-Airport.
4.1.22. PD-Planned development.
4.1.23. RFLB-Red Feather Lakes Business.

4.2. Overlay Zone Districts

4.2.1. Growth management area overlay zone district.
4.2.2. Floodplain overlay zone districts.
4.2.3. Fossil Creek Reservoir Area transferable density units overlay
zone.
4.2.4. Cooperative planning area overlay zone district.

4.3. Use Descriptions and Conditions

4.3.1. Agricultural uses.
4.3.2. Residential uses.
4.3.3. Commercial uses.
4.3.4. Institutional uses.
4.3.5. Recreational uses.
4.3.6. Accommodation uses.
4.3.7. Industrial uses.
4.3.8. Transportation uses.
4.3.9. Temporary uses.
4.3.10. Accessory uses and structures.
4.3.11. Utilities.
4.3.12. Reserved.

*Cross references—Any land use, zoning or rezoning ordinance or resolution or amendment to the zoning map saved from
repeal, § 1-9(a)(10); buildings and building regulations, ch. 10; adult entertainment establishments, § 14-81 et seq.; health,
environment and natural resources, ch. 30; land division, pt. II, § 5.0; manufactured homes, manufactured home parks, recreational
vehicle parks and campgrounds, pt. II, § 18.0.

Supp. No. 13 LUC4:1

 LARIMER COUNTY LAND USE CODE

4.4. Amending the Official Zoning Map (Rezoning)

4.4.1. Purpose.
4.4.2. Legislative amendments to the official zoning map.
4.4.3. Quasi-judicial amendments to the official zoning map.
4.4.4. Review criteria for zone or overlay zone district boundary or zone
designation changes.
4.4.5. Process for changes to zone or overlay zone district boundaries or
zone designations.
4.4.6. Drafting errors on the official zoning map.

4.5. Special Review and Minor Special Review

4.5.1. Purpose.
4.5.2. Applicability.
4.5.3. Review criteria for special review applications.
4.5.4. Conditions of approval for special review applications.
4.5.5. Review criteria for minor special review applications.
4.5.6. Conditions of approval for minor special review applications.
4.5.7. Minor deviations.
4.5.8. Amendments.
4.5.9. Process.
4.5.10. Post approval requirements.
4.5.11. Expiration of approval.

4.6. Zoning Variances

4.6.1. Purpose.
4.6.2. Applicability.
4.6.3. Review criteria.
4.6.4. Conditions of approval.
4.6.5. Process.
4.6.6. Decisions of board of adjustment are final.
4.6.7. Administrative variance.

4.7. Zoning Special Exceptions

4.7.1. Purpose.
4.7.2. Applicability.
4.7.3. Review criteria.
4.7.4. Conditions of approval.
4.7.5. Minor deviations.
4.7.6. Amendments.
4.7.7. Process.
4.7.8. Reserved.

4.8. Nonconformities
4.8.1. Purpose.
4.8.2. Nonconforming use.
4.8.3. Nonconforming building or structure.
4.8.4. Continuation of a nonconforming use.
4.8.5. Substitution of uses.
4.8.6. Discontinuance of a nonconforming use.
4.8.7. Continuation of nonconforming building or structure.
4.8.8. Reserved.
4.8.9. Destruction.
4.8.10. Extension, expansion, enlargement or change in character.

Supp. No. 13 LUC4:2

 ZONING

4.8.11. Review Criteria for requests to extend, expand, enlarge or change

the character of a nonconforming use, building or structure.
4.8.12. Conditions of approval.
4.8.13. Process.
4.8.14. Nonconforming lots.

4.9. Setbacks, Lot Requirements and Structure Height

4.9.1. Setbacks from highways, county roads, and all other streets and
roads.
4.9.2. Additional setback requirements.
4.9.3. Setback certification.
4.9.4. Lot requirements.
4.9.5. Maximum structure height.

Supp. No. 13 LUC4:3

 ZONING 4.1.1

4.1. ZONING DISTRICTS 9. Pet animal facility (MS/S)—See sec-

tion 4.3
A. The purpose of zoning districts is to imple-
ment the Larimer County Master Plan, promote 10. Fur farm (S)
compatible land use patterns and establish stan- 11. Agricultural labor housing (S)
dards appropriate for each zoning district.
12. Packing facility (R)
B. Uses followed by an (R) are allowed by right
13. Pet animal veterinary clinic/hospital
but they may be subject to Section 6 (site plan
(MS/S)—See section 4.3
review) and all other requirements of this code.
14. Livestock veterinary clinic/hospital
Uses followed by an (MS) require approval
(MS/S)—See section 4.3
through the minor special review process.
15. Apiary (R)
C. Uses followed by an (S) require approval
through the special review process described in Residential
section 4.5. 16. Single-family dwelling (R)
D. Uses followed by an (R/S) may be allowed 17. Group home for developmentally dis-
by right or require special review approval based abled (R)
on thresholds in section 4.3 (use descriptions). 18. Group home for the aged (R)
E. Uses followed by an (L) require review 19. Group home (R)
through the location and extent review process
described in section 13.0. 20. Storage buildings and garages (R)—
See section 4.3 (use descriptions and
F. Use descriptions in section 4.3 contain con- conditions)
ditions that apply to certain uses.
21. Group home for the mentally ill (R)
G. The number of dwelling units allowed on a Institutional
site is based on the presumption that all other
applicable standards will be met. The maximum 22. Cemetery (S)
density established for a zoning district is not a 23. Hospital (S)
guarantee that such densities may be obtained,
nor a valid justification for varying other dimen- 24. School, public (L)
sional or development standards. 25. School, nonpublic (S)
(Res. No. 06172003R009, 6-17-2003; Res. No.
26. Church (MS/S)—See section 4.3
01222008R001, Exh. A, 1-22-2008)
27. Child/elderly care center (S)
4.1.1. FA-Farming. 28. Child/elderly care home (R)
A. Principal uses: 29. Community hall (MS/S)—See sec-
Agricultural. tion 4.3
1. Farm (R) 30. Sheriff/fire station (L)
2. Sod farm, nursery (R) 31. State-licensed group home (S)
3. Tree farm (R) Recreational
4. Greenhouse (R) 32. Golf course (S)
5. Garden supply center (S) 33. Country club (S)
6. Commercial poultry farm (S) 34. Riding academy (S)
7. Feedyard (S) 35. Public park, playground (L)
8. Boarding stable (S) 36. Trail/trail head (L)

Supp. No. 13 LUC4:5

4.1.1 LARIMER COUNTY LAND USE CODE

Accommodation 2. Minimum required setbacks: (If more

37. Bed and breakfast (MS/S) than one setback applies, the greater
setback is required.)
38. Seasonal camp (S)
a. Street and road setback (Refer
Industrial to section 4.9.1 setbacks from
39. Small wind energy facility (MS) highways, county roads, and all
other streets and roads.) The
40. Mining (S) setback from a street or road
41. Oil and gas drilling and production must be 25 feet from the lot
(R) line, nearest edge of the road
Utilities easement, nearest edge of right-
of-way, or nearest edge of trav-
42. Utility substation (L) eled way, whichever is greater.
43. Water storage facility (L) b. Side yards—Five feet.
44. Treatment plant (L) c. Rear yards—Ten feet.
45. Commercial mobile radio service (R/ d. Refer to section 4.9.2 for addi-
S)—See section 16 tional setback requirements (in-
cluding but not limited to
46. Radio and television transmitters (S) streams, creeks and rivers).
B. Lot, building and structure requirements: 3. Maximum structure height—40 feet.
1. Minimum lot size: 4. No parcel can be used for more than
a. 100,000 square feet (2.3 acres) one principal building; additional
if a well or septic system is buildings on a parcel are allowed if
used. they meet the accessory use criteria
in subsection 4.3.10.
b. 21,780 square feet (0.5 acre) if
(Res. No. 04292003R005, 4-29-2003; Res. No.
both public water and sewer
06172003R009, 6-17-2003; Res. No. 03302004R001,
are used.
§ 1(Exh. A), 3-15-2004; Res. No. 02222005R002,
c. Maximum density in a conser- Exh. A, 2-22-2005; Res. No. 05022006R001, Exh.
vation development is calcu- A, 5-2-2006; Res. No. 09262006R024, Exh. A, Item
lated by dividing the total de- 1, 9-26-2006; Res. No. 04102007R018, Exh. A,
velopable area by the required 4-10-2007; Res. No. 01222008R001, Exh. A, 1-22-
minimum lot size. Maximum 2008; Res. No. 06032008R003, Exh. A, 6-3-2008;
density in a rural land plan is Res. No. 10282008R005, Exh. A, 10-28-2008; Res.
determined by subsection No. 02172009R010, Exh. A, 2-17-2009; Res. No.
5.8.6.A. Lots in a conservation 04282009R001, Exh. A, 4-28-2009)
development or rural land plan
that use a well or an individual 4.1.2. FA-1 Farming.
septic system must contain at
least two acres (87,120 square A. Principal uses:
feet). Lots in a conservation de- Agricultural
velopment or rural land plan 1. Farm (R)
connected to public water and
either a public sewer or commu- 2. Sod farm, nursery (R)
nity sewer system are not re- 3. Tree farm (R)
quired to meet minimum lot 4. Greenhouse (R)
size requirements (except for
the purpose of calculating den- 5. Garden supply center (S)
sity). 6. Commercial poultry farm (S)

Supp. No. 13 LUC4:6

 ZONING 4.1.2

7. Feedyard (S) 35. Riding academy (S)

8. Boarding stable (S) 36. Public park/playground (L)
9. Pet animal facility (MS/S)—See sec- 37. Trail/trail head (L)
tion 4.3
Accommodation
10. Fur farm (S)
38. Bed and breakfast (MS/S)
11. Agricultural labor housing (S)
39. Seasonal camp (S)
12. Packing facility (R)
13. Pet animal veterinary clinic/hospital Industrial
(MS/S)—See section 4.3 39. Small wind energy facility (MS)
14. Livestock veterinary clinic/hospital 40. Mining (S)
(MS/S)—See section 4.3
41. Oil and gas drilling and production
15. Apiary (R) (R)
Residential
Utilities
16. Single-family dwelling (R)
42. Utility substation (L)
17. Dwelling, cabin (R) (See subsection
4.3.2) 43. Water storage facility (L)

18. Group home for the developmentally 44. Treatment plant (L)
disabled (R) 45. Radio and television transmitters (S)
19. Group home for the aged (R) 46. Commercial mobile radio service (R/
20. Group home (R) S)—See section 16
21. Storage buildings and garages (R)— B. Lot, building and structure requirements:
See section 4.3 (use descriptions and
conditions) 1. Minimum lot size:

22. Group home for the mentally ill (R) a. 100,000 square feet (2.3 acres).

Institutional b. Maximum density in a conser-

vation development is calcu-
23. Cemetery (S) lated by dividing the total de-
24. Hospital (S) velopable area by 100,000
square feet. Maximum density
25. School, public (L)
in a rural land plan is deter-
26. School, nonpublic (S) mined by subsection 5.8.6.A.
27. Church (MS/S) See section 4.3—See Lots in a conservation develop-
section 4.3 ment or rural land plan that
use a well or an individual sep-
28. Child/elderly care center (S)
tic system must contain at least
29. Child/elderly care home (R) two acres (87,120 square feet).
30. Community hall (MS/S)—See sec- Lots in a conservation develop-
tion 4.3 ment or rural land plan con-
nected to public water and ei-
31. Sheriff/fire station (L)
ther a public sewer or
32. State-licensed group home (S) community sewer system are
Recreational not required to meet minimum
lot size requirements (except
33. Golf course (S) for the purpose of calculating
34. Country club (S) density).

Supp. No. 13 LUC4:7

4.1.2 LARIMER COUNTY LAND USE CODE

2. Minimum required setbacks: (If more 6. Fur farm (S)

than one setback applies, the greater 7. Agricultural labor housing (S)
setback is required.)
8. Pet animal veterinary clinic/hospital
a. Street and road setback (Refer
(MS/S)—See section 4.3
to section 4.9.1 setbacks from
highways, county roads, and all 9. Livestock veterinary clinic/hospital
other streets and roads.) The (MS/S)—See section 4.3
setback from a street or road 10. Boarding stable (S)
must be 25 feet from the lot
11. Apiary (R)
line, nearest edge of the road
easement, nearest edge of right- Residential
of-way, or nearest edge of trav- 12. Single-family dwelling (R)
eled way, whichever is greater.
13. Dwelling, cabin (R) (See subsection
b. Side yards—Five feet. 4.3.2)
c. Rear yards—Ten feet.
14. Storage buildings and garages (R)—
d. Refer to section 4.9.2 for addi- See section 4.3 (use descriptions and
tional setback requirements (in- conditions)
cluding but not limited to
15. Group home for the mentally ill (R)
streams, creeks and rivers).
Institutional
3. Maximum structure height—40 feet.
16. Cemetery (S)
4. No parcel can be used for more than
one principal building; additional 17. School, public (L)
buildings on a parcel are allowed if 18. School, nonpublic (S)
they meet the accessory use criteria
in subsection 4.3.10. 19. Church (MS/S)—See section 4.3
(Res. No. 04292003R005, 4-29-2003; Res. No. 20. Sheriff/fire station (L)
06172003R009, 6-17-2003; Res. No. 03302004R001,
Recreational
§ 1(Exh. A), 3-15-2004; Res. No. 02222005R002,
Exh. A, 2-22-2005; Res. No. 05022006R001, Exh. 21. Public park/playground (L)
A, 5-2-2006; Res. No. 09262006R024, Exh. A, Item 22. Trail/trail head (L)
1, 9-26-2006; Res. No. 04102007R018, Exh. A,
23. Riding academy (S)
4-10-2007; Res. No. 01222008R001, Exh. A, 1-22-
2008; Res. No. 06032008R003, Exh. A, 6-3-2008; 24. Golf course (S)
Res. No. 10282008R005, Exh. A, 10-28-2008; Res. 25. Country club (S)
No. 02172009R010, Exh. A, 2-17-2009; Res. No.
04282009R001, Exh. A, 4-28-2009) Accommodation
26. Bed and breakfast (MS/S)
4.1.3. FO-Forestry. 27. Recreational vehicle park/camp-
A. Principal uses: ground (S)
Agricultural 28. Resort lodge/resort cabins (S)
1. Farm (R) 29. Seasonal camp (S)
2. Sod farm, nursery (R) 30. Retreat (S)
3. Tree farm (R) Industrial
4. Greenhouse (R) 31. Mining (S)
5. Pet animal facility (MS/S)—See sec- 32. Oil and gas drilling and production
tion 4.3 (R)

Supp. No. 13 LUC4:8

 ZONING 4.1.4

33. Sawmill (S) must be 25 feet from the lot

Utilities line, nearest edge of the road
easement, nearest edge of right-
34. Utility substation (L) of-way, or nearest edge of trav-
35. Water storage facility (L) eled way, whichever is greater.
36. Treatment plant (L) b. Side yards—25 feet.
37. Commercial mobile radio service (R/ c. Rear yards—25 feet.
S)—See section 16 d. Refer to section 4.9.2 for addi-
38. Radio and television transmitters (S) tional setback requirements (in-
cluding but not limited to
B. Lot, building and structure requirements: streams, creeks and rivers).
1. Minimum lot size: 3. Maximum structure height—40 feet.
a. Five acres (217,800 square feet) 4. No parcel can be used for more than
for uses allowed by right. one principal building; additional
b. Twenty acres for uses requiring buildings on a parcel are allowed if
special review, unless the county they meet the accessory use criteria
commissioners waive the mini- in subsection 4.3.10.
mum lot size requirement (Res. No. 04292003R005, 4-29-2003; Res. No.
through the minor land divi- 06172003R009, 6-17-2003; Res. No. 03302004R001,
sion process. § 1(Exh. A), 3-15-2004; Res. No. 02222005R002,
c. Maximum density in a conser- Exh. A, 2-22-2005; Res. No. 05022006R001, Exh.
vation development is calcu- A, 5-2-2006; Res. No. 09262006R024, Exh. A, Item
lated by dividing the total de- 2, 9-26-2006; Res. No. 04102007R018, Exh. A,
velopable area by five acres. 4-10-2007; Res. No. 01222008R001, Exh. A, 1-22-
Maximum density in a rural 2008; Res. No. 10282008R005, Exh. A, 10-28-
land plan is determined by sub- 2008; Res. No. 02172009R010, Exh. A, 2-17-2009;
section 5.8.6.A. Lots in a con- Res. No. 04282009R001, Exh. A, 4-28-2009)
servation development or rural
land plan that use a well or an 4.1.4. FO-1 Forestry.
individual septic system must A. Principal uses:
contain at least two acres
(87,120 square feet). Lots in a Agricultural
conservation development or ru- 1. Farm (R)
ral land plan connected to pub-
2. Sod farm, nursery (R)
lic water and either a public
sewer or community sewer sys- 3. Tree farm (R)
tem are not required to meet 4. Greenhouse (R)
minimum lot size requirements
(except for the purpose of cal- 5. Pet animal facility (MS/S)—See sec-
culating density). tion 4.3
2. Minimum required setbacks: (If more 6. Fur farm (S)
than one setback applies, the greater 7. Agricultural labor housing (S)
setback is required.)
8. Pet animal veterinary clinic/hospital
a. Street and road setback (Refer (MS/S)—See section 4.3
to section 4.9.1 setbacks from
highways, county roads, and all 9. Livestock veterinary clinic/hospital
other streets and roads.) The (MS/S)—See section 4.3
setback from a street or road 10. Boarding stable (S)

Supp. No. 13 LUC4:9

4.1.4 LARIMER COUNTY LAND USE CODE

11. Apiary (R) 38. Radio and television transmitters (S)

Residential B. Lot, building and structure requirements:
12. Single-family dwelling (R) 1. Minimum lot size:
13. Dwelling, cabin (R) (See subsection a. Ten acres (435,600 square feet).
4.3.2)
b. Maximum density in a conser-
14. Storage buildings and garages (R)— vation development is calcu-
See section 4.3 (use descriptions and lated by dividing the total de-
conditions) velopable area by ten acres.
15. Group home for the mentally ill (R) Maximum density in a rural
land plan is determined by sub-
Institutional
section 5.8.6.A. Lots in a con-
16. Cemetery (S) servation development or rural
17. School, public (L) land plan that use a well or an
individual septic system must
18. School, nonpublic (S)
contain at least two acres
19. Church (MS/S)—See section 4.3 (87,120 square feet). Lots in a
20. Sheriff/Fire station (L) conservation development or ru-
ral land plan connected to pub-
Recreational lic water and either a public
21. Public park/playground (L) sewer or community sewer sys-
22. Trail/trail head (L) tem are not required to meet
minimum lot size requirements
23. Riding academy (S) (except for the purpose of cal-
24. Golf course (S) culating density).
25. Country club (S) 2. Minimum required setbacks: (If more
Accommodation than one setback applies, the greater
setback is required.)
26. Bed and breakfast (MS/S)
a. Street and road setback (Refer
27. Recreational vehicle park/camp- to section 4.9.1 setbacks from
ground (S) highways, county roads, and all
28. Resort lodge/resort cabins (S) other streets and roads.) The
29. Seasonal camp (S) setback from a street or road
must be 25 feet from the lot
30. Retreat (S) line, nearest edge of the road
Industrial easement, nearest edge of right-
31. Mining (S) of-way, or nearest edge of trav-
eled way, whichever is greater.
32. Oil and gas drilling and production
b. Side yards—25 feet.
(R)
c. Rear yards—25 feet.
33. Sawmill (S)
d. Refer to section 4.9.2 for addi-
Utilities
tional setback requirements (in-
34. Utility substation (L) cluding but not limited to
35. Water storage facility (L) streams, creeks and rivers).
36. Treatment plant (L) 3. Maximum structure height—40 feet.
37. Commercial mobile radio service (R/ 4. No parcel can be used for more than
S)—See section 16 one principal building; additional

Supp. No. 13 LUC4:10

 ZONING 4.1.5

buildings on a parcel are allowed if 20. Group home for the developmentally
they meet the accessory use criteria disabled (R)
in subsection 4.3.10. 21. Group home for the aged (R)
(Res. No. 04292003R005, 4-29-2003; Res. No.
06172003R009, 6-17-2003; Res. No. 03302004R001, 22. Group home (R)
§ 1(Exh. A), 3-15-2004; Res. No. 02222005R002, 23. Storage buildings and garages (R)—
Exh. A, 2-22-2005; Res. No. 05022006R001, Exh. See section 4.3 (use descriptions and
A, 5-2-2006; Res. No. 09262006R024, Exh. A, Item conditions)
2, 9-26-2006; Res. No. 04102007R018, Exh. A,
24. Group home for the mentally ill (R)
4-10-2007; Res. No. 01222008R001, Exh. A, 1-22-
2008; Res. No. 10282008R005, Exh. A, 10-28- Institutional
2008; Res. No. 02172009R010, Exh. A, 2-17-2009; 25. Cemetery (S)
Res. No. 04282009R001, Exh. A, 4-28-2009)
26. Hospital (S)
4.1.5. O-Open. 27. School, public (L)
A. Principal uses: 28. School, nonpublic (S)

Agricultural 29. Church (MS/S)—See section 4.3

1. Farm (R) 30. Community hall (MS/S)—See sec-

tion 4.3
2. Sod farm, nursery (R)
31. Jail/prison (S)
3. Tree farm (R)
32. Sheriff/fire station (L)
4. Greenhouse (R)
33. Child/elderly care home (R)
5. Garden supply center (S)
34. Child/elderly care center (S)
6. Commercial poultry farm (S)
35. State-licensed group home (S)
7. Feedyard (S)
Recreational
8. Boarding stable (S)
36. Golf course (S)
9. Livestock auction (S)
37. Country club (S)
10. Pet animal facility (MS/S)—See sec-
38. Riding academy (S)
tion 4.3
39. Shooting range (S)
11. Fur farm (S)
40. Public park/playground (L)
12. Agricultural labor housing (S)
41. Trail/trail head (L)
13. Alfalfa dehydrator (S)
42. Rafting business (MS)
14. Packing facility (R)
Accommodation
15. Pet animal veterinary clinic/hospital
(MS/S)—See section 4.3 43. Bed and breakfast (MS/S)
16. Livestock veterinary clinic/hospital 44. Recreational vehicle park and camp-
(MS/S)—See section 4.3 ground (S)

17. Apiary (R) 45. Resort lodge/resort cabins (S)

Residential 46. Seasonal camp (S)

18. Single-family dwelling (R) 47. Retreat (S)

19. Dwelling, cabin (R) (See subsection Industrial

4.3.2) 48. Mining (S)

Supp. No. 13 LUC4:11

4.1.5 LARIMER COUNTY LAND USE CODE

49. Oil and gas drilling and production reconfigured by amended plat, add-on
(R) agreement or boundary line adjust-
50. Landfill (S) ment: (If more than one setback ap-
plies, the greater setback is re-
51. Sawmill (S) quired.)
52. Small wind energy facility (MS) a. Street and road setback (Refer
Utilities to section 4.9.1 setbacks from
53. Utility substation (L) highways, county roads, and all
other streets and roads.) The
54. Treatment plant (L) setback from a street or road
55. Water storage facility (L) must be 25 feet from the lot
56. Radio and television transmitters (S) line, nearest edge of the road
easement, nearest edge of right-
57. Commercial mobile radio service (R/ of-way, or nearest edge of trav-
S)—See section 16 eled way, whichever is greater.
Transportation b. Side yard—Five feet.
58. Airport (S) c. Rear yard—Ten feet.
59. Park and ride (S) d. Refer to Section 4.9.2 for addi-
60. Heliport (S) tional setback requirements (in-
cluding but not limited to
61. Train station (S)
streams, creeks and rivers.)
B. Lot, building and structure requirements:
3. Minimum required setbacks for lots
1. Minimum lot size: created after November 29, 1973: (If
a. Ten acres (435,600 square feet). more than one setback applies, the
b. Maximum density in a conser- greater setback is required.)
vation development is calcu- a. Street and road setback (Refer
lated by dividing the total de- to section 4.9.1 setbacks from
velopable area by ten acres. highways, county roads, and all
Maximum density in a rural other streets and roads.) The
land plan is determined by sub- setback from a street or road
section 5.8.6.A. Lots in a con- must be 25 feet from the lot
servation development or rural line, nearest edge of the road
land plan that use a well or an easement, nearest edge of right-
individual septic system must of-way, or nearest edge of trav-
contain at least two acres eled way, whichever is greater.
(87,120 square feet). Lots in a b. Side yard—25 feet except that
conservation development or ru- if there is an existing building
ral land plan connected to pub- over 120 square feet in area
lic water and either a public that has been legally estab-
sewer or community sewer sys- lished prior to January 22, 2007
tem are not required to meet that is setback less than 25 feet
minimum lot size requirements from the side yard, said exist-
(except for the purpose of cal- ing building shall be deemed
culating density). conforming with respect to side
2. Minimum required setbacks for lots yard setback, and an addition
created on or before November 29, to said existing building or a
1973, including lots created on or new building shall be allowed a
before that date that have been side yard setback equal to or

Supp. No. 13 LUC4:12

 ZONING 4.1.6

greater than the existing build- 1. Apiary (R)

ing, but in no case shall the Residential
side yard setback be less than
five feet. 2. Single-family dwelling (R)
c. Rear yard—25 feet except that 3. Dwelling, cabin (R) (See subsection
if there is an existing building 4.3.2)
over 120 square feet in area 4. Group home for the developmentally
that has been legally estab- disabled (R)
lished prior to January 22, 2007 5. Group home for the aged (R)
that is setback less than 25 feet
from the rear yard, said exist- 6. Storage buildings and garages (R)—
ing building shall be deemed See section 4.3 (use descriptions and
conforming with respect to rear conditions)
yard setback, and an addition 7. Group home for the mentally ill (R)
to said existing building or a Institutional
new building shall be allowed a
rear yard setback equal to or 8. School, public (L)
greater than the existing build- 9. School, nonpublic (S)
ing, but in no case shall the 10. Church (MS/S)—See section 4.3
rear yard setback be less than
ten feet. 11. Child/elderly care home (S)
d. Refer to Section 4.9.2 for Addi- 12. Sheriff/fire station (L)
tional Setback requirements (in- Recreational
cluding but not limited to 13. Public park/playground (L)
streams, creeks and rivers).
14. Trail/trail head (L)
4. Maximum structure height—40 feet.
Utilities
5. No parcel can be used for more than
one principal building; additional 15. Utility substation (L)
buildings are allowed on a parcel if 16. Commercial mobile radio service (R/
they meet the accessory use criteria S)—See section 16
in subsection 4.3.10. 17. Water storage facility (L)
(Res. No. 04292003R005, 4-29-2003; Res. No.
06172003R009, 6-17-2003; Res. No. 03302004R001, 18. Treatment plant (L)
§ 1(Exh. A), 3-15-2004; Res. No. 02222005R002, B. Lot, building and structure requirements:
Exh. A, 2-22-2005; Res. No. 12062005R012, Exh.
1. Minimum lot size:
A, Item 2, 12-6-2005; Res. No. 05022006R001,
Exh. A, 5-2-2006; Res. No. 09262006R024, Exh. A, a. 2.5 acres (108,900 square feet).
Item 1, Item 5, 9-26-2006; Res. No. 04102007R008, b. Maximum density in a conser-
Exh. A, 4-10-2007; Res. No. 08282007R005, Exh. vation development is calcu-
A, 8-28-2007; Res. No. 01222008R001, Exh. A, lated by dividing the total de-
1-22-2008; Res. No. 06032008R003, Exh. A, 6-3- velopable area by 2.5 acres.
2008; Res. No. 10282008R005, Exh. A, 10-28- Maximum density in a rural
2008; Res. No. 02172009R010, Exh. A, 2-17-2009; land plan is determined by sub-
Res. No. 04282009R001, Exh. A, 4-28-2009) section 5.8.6.A. Lots in a con-
servation development or rural
4.1.6. E-Estate. land plan that use a well or an
individual septic system must
A. Principal uses:
contain at least two acres
Agricultural (87,120 square feet). Lots in a

Supp. No. 13, Addition LUC4:13

4.1.6 LARIMER COUNTY LAND USE CODE

conservation development or ru- 3. Dwelling, cabin (R) (See subsection

ral land plan connected to pub- 4.3.2)
lic water and either a public 4. Group home for the developmentally
sewer or community sewer sys- disabled (R)
tem are not required to meet
minimum lot size requirements 5. Group home for the aged (R)
(except for the purpose of cal- 6. Storage buildings and garages (R)—
culating density). See section 4.3 (use descriptions and
2. Minimum required setbacks: (If more conditions)
than one setback applies, the greater 7. Group home for the mentally ill (R)
setback is required.)
Institutional
a. Street and road setback (Refer
to section 4.9.1 setbacks from 8. School, public (L)
highways, county roads, and all 9. School, nonpublic (S)
other streets and roads.) The 10. Church (MS/S)—See section 4.3
setback from a street or road
must be 45 feet from the lot 11. Child/elderly care home (S)
line, nearest edge of the road 12. Sheriff/fire station (L)
easement, nearest edge of right-
Recreational
of-way, or nearest edge of trav-
eled way, whichever is greater. 13. Public park/playground (L)
b. Side yards—50 feet. 14. Trail/trail head (L)
c. Rear yard—50 feet. Utilities
d. Refer to section 4.9.2 for addi- 15. Utility substation (L)
tional setback requirements (in-
16. Commercial mobile radio service (R/
cluding but not limited to
S)—See section 16
streams, creeks and rivers).
17. Treatment plant (L)
3. Maximum structure height—40 feet.
18. Water storage facility (L)
4. No parcel can be used for more than
one principal building; additional B. Lot, building and structure requirements:
buildings on a parcel are allowed if 1. Minimum lot size:
they meet the accessory use criteria
a. One acre (43,560 square feet) if
in subsection 4.3.10.
the lot is connected to public
(Res. No. 02222005R002, Exh. A, 2-22-2005; Res.
water and sewer systems.
No. 05022006R001, Exh. A, 5-2-2006; Res. No.
09262006R024, Exh. A, Item 1, 9-26-2006; Res. b. See subsection 8.1.1 for sewage
No. 01222008R001, Exh. A, 1-22-2008; Res. No. disposal level of service stan-
02172009R010, Exh. A, 2-17-2009; Res. No. dards to determine required per-
04282009R001, Exh. A, 4-28-2009) formance standards.
c. Maximum density in a conser-
4.1.7. E-1 Estate. vation development is calcu-
A. Principal uses: lated by dividing the total de-
velopable area by one acre.
Agricultural Maximum density in a rural
1. Apiary (R) land plan is determined by sub-
section 5.8.6.A. Lots in a con-
Residential servation development or rural
2. Single-family dwelling (R) land plan that use a well or an

Supp. No. 13, Addition LUC4:14

 ZONING 4.1.8

individual septic system must 2. Boarding stable (S)

contain at least two acres 3. Pet animal facility (MS/S)—See sec-
(87,120 square feet). Lots in a tion 4.3
conservation development or ru-
ral land plan connected to pub- 4. Fur farm (S)
lic water and either a public 5. Agricultural labor housing (S)
sewer or community sewer sys-
6. Greenhouse (R)
tem are not required to meet
minimum lot size requirements 7. Pet animal veterinary clinic/hospital
(except for the purpose of cal- (MS/S)—See section 4.3
culating density). 8. Livestock veterinary clinic/hospital
2. Minimum required setbacks: (If more (MS/S)—See section 4.3
than one setback applies, the greater 9. Apiary (R)
setback is required.)
Residential
a. Street and road setback (Refer
10. Single-family dwelling (R)
to section 4.9.1 setbacks from
highways, county roads, and all 11. Dwelling, cabin (R) (See subsection
other streets and roads.) The 4.3.2)
setback from a street or road 12. Group home a for the developmen-
must be 45 feet from the lot tally disabled (R)
line, nearest edge of the road
easement, nearest edge of right- 13. Group home for the aged (R)
of-way, or nearest edge of trav- 14. Group home (R)
eled way, whichever is greater.
15. Storage buildings and garages (R)—
b. Side yards—25 feet. See section 4.3 (use descriptions and
c. Rear yards—25 feet. conditions)
d. Refer to section 4.9.2 for addi- 16. Group home for the mentally ill (R)
tional setback requirements (in- Institutional
cluding but not limited to
streams, creeks and rivers). 17. Cemetery (S)
3. Maximum structure height—40 feet. 18. School, public (L)
4. No parcel can be used for more than 19. School, nonpublic (S)
one principal building; additional 20. Church (MS/S)—See section 4.3
buildings on a parcel are allowed if
21. Child/elderly care center (S)
they meet the accessory use criteria
in subsection 4.3.10. 22. Child/elderly care home (R)
(Res. No. 02222005R002, Exh. A, 2-22-2005; Res. 23. Sheriff/fire station (L)
No. 05022006R001, Exh. A, 5-2-2006; Res. No.
09262006R024, Exh. A, Item 1, 9-26-2006; Res. 24. State-licensed group home (S)
No. 01222008R001, Exh. A, 1-22-2008; Res. No. Recreational
02172009R010, Exh. A, 2-17-2009; Res. No. 25. Golf course (S)
04282009R001, Exh. A, 4-28-2009)
26. Country club (S)
4.1.8. RE-Rural estate. 27. Riding academy (S)
A. Principal uses: 28. Public park/playground (L)
Agricultural 29. Trail/trail head (L)
1. Farm (R) Accommodation

Supp. No. 13, Addition LUC4:15

4.1.8 LARIMER COUNTY LAND USE CODE

30. Bed and breakfast (S) ment: (If more than one setback ap-
plies, the greater setback is re-
31. Resort lodge/resort cabins (S)
quired.)
32. Seasonal camp (S) a. Street and road setback (Refer
33. Retreat (S) to section 4.9.1 setbacks from
highways, county roads, and all
Utilities other streets and roads.) The
34. Utility substation (L) setback from a street or road
must be 25 feet from the lot
35. Water storage facility (L) line, nearest edge of the road
36. Treatment plant (L) easement, nearest edge of right-
of-way, or nearest edge of trav-
37. Commercial mobile radio service (R/ eled way, whichever is greater.
S)—See section 16
b. Side yard—Five feet.
38. Radio and television transmitters (S)
c. Rear yard—Ten feet.
Industrial
d. Refer to section 4.9.2 for addi-
Mining (S) tional setback requirements (in-
cluding but not limited to
B. Lot, building and structure requirements: streams, creeks and rivers).
1. Minimum lot size:
3. Minimum required setbacks for lots
a. Ten acres (435,600 square feet). created after November 29, 1973: (If
b. Maximum density in a conser- more than one setback applies, the
vation development is calcu- greater setback is required.)
lated by dividing the total de- a. Street and road setback (Refer
velopable area by ten acres. to section 4.9.1 setbacks from
Maximum density in a rural highways, county roads, and all
land plan is determined by sub- other streets and roads.) The
section 5.8.6.A. Lots in a con- setback from a street or road
servation development or rural must be 25 feet from the lot
land plan that use a well or an line, nearest edge of the road
individual septic system must easement, nearest edge of right-
contain at least two acres of-way, or nearest edge of trav-
(87,120 square feet). Lots in a eled way, whichever is greater.
conservation development or ru-
b. Side yard—25 feet except that
ral land plan connected to pub-
if there is an existing building
lic water and either a public
over 120 square feet in area
sewer or community sewer sys-
that has been legally estab-
tem are not required to meet
lished prior to January 22, 2007
minimum lot size requirements
that is setback less than 25 feet
(except for the purpose of cal-
from the side yard, said exist-
culating density).
ing building shall be deemed
2. Minimum required setbacks for lots conforming with respect to side
created on or before November 29, yard setback, and an addition
1973, including lots created on or to said existing building or a
before that date that have been new building shall be allowed a
reconfigured by amended plat, add-on side yard setback equal to or
agreement or boundary line adjust- greater than the existing build-

Supp. No. 13, Addition LUC4:16

 ZONING 4.1.9

ing, but in no case shall the 2. Single-family dwelling (R)

side yard setback be less than 3. Group home for the developmentally
five feet. disabled (R)
c. Rear yard—25 feet except that 4. Group home for the aged (R)
if there is an existing building
over 120 square feet in area 5. Storage buildings and garages (R)—
that has been legally estab- See section 4.3 (use descriptions and
lished prior to January 22, 2007 conditions)
that is setback less than 25 feet 6. Group home for the mentally ill (R)
from the rear yard, said exist-
Institutional
ing building shall be deemed
conforming with respect to rear 7. Church (MS/S)—See section 4.3
yard setback, and an addition 8. School, public (L)
to said existing building or a
9. School, nonpublic (S)
new building shall be allowed a
rear yard setback equal to or 10. Sheriff/fire station (L)
greater than the existing build- Recreational
ing, but in no case shall the
rear yard setback be less than 11. Public park/playground (L)
ten feet. 12. Trail/trail head (L)
d. Refer to section 4.9.2 for addi- Accommodation
tional setback requirements (in-
13. Bed and breakfast (S)
cluding but not limited to
streams, creeks and rivers). Utilities
4. Maximum structure height—40 feet. 14. Utility substation (L)
5. No parcel can be used for more than 15. Commercial mobile radio service (R/
one principal building; additional S)—See section 16
buildings are allowed on a parcel if 16. Water storage facility (L)
they meet the accessory use criteria
17. Treatment plant (L)
in subsection 4.3.10.
(Res. No. 06172003R009, 6-17-2003; Res. No. B. Lot, building and structure requirements:
12092003R001, Exh. A., 11-10-2003; Res. No. 1. Minimum lot size:
03302004R001, § 1(Exh. A), 3-15-2004; Res. No.
02222005R002, Exh. A, 2-22-2005; Res. No. a. Ten acres (435,600 square feet).
05022006R001, Exh. A, 5-2-2006; Res. No. b. Maximum density in a conser-
09262006R024, Exh. A, Item 1, Item 5, 9-26-2006; vation development is calcu-
Res. No. 04102007R008, Exh. A, 4-10-2007; Res. lated by dividing the total de-
No. 01222008R001, Exh. A, 1-22-2008; Res. No. velopable area by ten acres.
10282008R005, Exh. A, 10-28-2008; Res. No. Maximum density in a rural
02172009R010, Exh. A, 2-17-2009; Res. No. land plan is determined by sub-
04282009R001, Exh. A, 4-28-2009) section 5.8.6.A. Lots in a con-
servation development or rural
4.1.9. RE-1 Rural estate. land plan that use a well or an
individual septic system must
A. Principal uses: contain at least two acres
Agricultural (87,120 square feet). Lots in a
conservation development or ru-
1. Apiary (R)
ral land plan connected to pub-
Residential lic water and either a public

Supp. No. 13, Addition LUC4:17

4.1.9 LARIMER COUNTY LAND USE CODE

sewer or community sewer sys- 5. Group home (R)

tem are not required to meet 6. Storage buildings and garages (R)—
minimum lot size requirements See section 4.3 (use descriptions and
(except for the purpose of cal- conditions)
culating density).
7. Group home for the mentally ill (R)
2. Minimum required setbacks: (If more
than one setback applies, the greater Institutional
setback is required.) 8. Hospital (S)
a. Street and road setback (Refer 9. School, public (L)
to section 4.9.1 setbacks from
10. School, nonpublic (S)
highways, county roads, and all
other streets and roads.) The 11. Church (MS/S)—See section 4.3
setback from a street or road 12. Child/elderly care center (S)
must be 45 feet from the lot
line, nearest edge of the road 13. Child/elderly care home (R)
easement, nearest edge of right- 14. Congregate residence (S)
of-way, or nearest edge of trav- 15. State-licensed group home (S)
eled way, whichever is greater.
16. Sheriff/fire station (L)
b. Side yards—50 feet.
Recreational
c. Rear yards—50 feet.
d. Refer to section 4.9.2 for addi- 17. Public park/playground (L)
tional setback requirements (in- 18. Trail/trail head (L)
cluding but not limited to Accommodation
streams, creeks and rivers).
19. Nursing home (S)
3. Maximum structure height—30 feet.
Utilities
4. No parcel can be used for more than
one principal building; additional 20. Utility substation (L)
buildings on a parcel are allowed if 21. Commercial mobile radio service (R/
they meet the accessory use criteria S)—See section 16
in subsection 4.3.10.
22. Treatment plant (L)
(Res. No. 02222005R002, Exh. A, 2-22-2005; Res.
No. 05022006R001, Exh. A, 5-2-2006; Res. No. 23. Water storage facility (L)
09262006R024, Exh. A, Item 1, 9-26-2006; Res. B. Lot, building and structure requirements:
No. 01222008R001, Exh. A, 1-22-2008; Res. No.
1. Minimum lot size:
02172009R010, Exh. A, 2-17-2009; Res. No.
04282009R001, Exh. A, 4-28-2009) a. 100,000 square feet (2.3 acres)
if a well or septic system is
4.1.10. R-Residential. used.
A. Principal uses: b. 15,000 square feet (0.34 acre) if
public water and sewer are used.
Agricultural
c. Maximum density in a conser-
1. Apiary (R) vation development is calcu-
Residential lated by dividing the total de-
2. Single-family dwelling (R) velopable area by the required
minimum lot size. Maximum
3. Group home for the developmentally density in a rural land plan is
disabled (R) determined by subsection
4. Group home for the aged (R) 5.8.6.A. Lots in a conservation

Supp. No. 13, Addition LUC4:18

 ZONING 4.1.11

development or rural land plan 4.1.11. R-1 Residential.

that use a well or an individual
A. Principal uses:
septic system must contain at
least two acres (87,120 square Agricultural
feet). Lots in a conservation de-
1. Apiary (R)
velopment or rural land plan
connected to public water and Residential
either a public sewer or commu- 2. Single-family dwelling (R)
nity sewer system are not re-
quired to meet minimum lot 3. Group home for the developmentally
size requirements (except for disabled (R)
the purpose of calculating den- 4. Group home for the aged (R)
sity).
5. Group home (R)
2. Minimum required setbacks: (If more 6. Storage buildings and garages (R)—
than one setback applies, the greater See section 4.3 (use descriptions and
setback is required.) conditions)
a. Street and road setback (Refer 7. Group home for the mentally ill (R)
to section 4.9.1 setbacks from
highways, county roads, and all Institutional
other streets and roads.) The 8. Hospital (S)
setback from a street or road
9. School, public (L)
must be 20 feet from the lot
line, nearest edge of the road 10. School, nonpublic (S)
easement, nearest edge of right-
11. Church (MS/S)—See section 4.3
of-way, or nearest edge of trav-
eled way, whichever is greater. 12. Child/elderly care center (S)
b. Side yards—Seven feet. 13. Child/elderly care home (R)
c. Rear yards—25 feet. 14. Congregate residence (S)
d. Refer to section 4.9.2 for addi- 15. State-licensed group home (S)
tional setback requirements (in-
16. Sheriff/fire station (L)
cluding but not limited to
streams, creeks and rivers). Recreational

3. Maximum structure height—40 feet. 17. Public parks playground (L)

18. Trail/trail head (L)
4. No parcel can be used for more than
one principal building; additional Accommodation
buildings on a parcel are allowed if
19. Nursing home (S)
they meet the accessory use criteria
in subsection 4.3.10. Utilities
(Res. No. 02222005R002, Exh. A, 2-22-2005; Res.
20. Utility substation (L)
No. 05022006R001, Exh. A, 5-2-2006; Res. No.
09262006R024, Exh. A, Item 1, 9-26-2006; Res. 21. Commercial mobile radio service (R/
No. 04102007R008, Exh. A, 4-10-2007; Res. No. S)—See section 16
01222008R001, Exh. A, 1-22-2008; Res. No.
22. Water storage facility (L)
02172009R010, Exh. A, 2-17-2009; Res. No.
04282009R001, Exh. A, 4-28-2009) 23. Treatment plant (L)

Supp. No. 13, Addition LUC4:19

4.1.11 LARIMER COUNTY LAND USE CODE

B. Lot, building and structure requirements: 3. Maximum structure height—40 feet.

1. Minimum lot size: 4. No parcel can be used for more than
one principal building; additional
a. 100,000 square feet (2.3 acres)
buildings on a parcel are allowed if
if a well or septic system is
they meet the accessory use criteria
used.
in subsection 4.3.10.
b. 10,000 square feet (0.23 acre) if (Res. No. 02222005R002, Exh. A, 2-22-2005; Res.
public water and sewer are used. No. 05022006R001, Exh. A, 5-2-2006; Res. No.
c. Maximum density in a conser- 09262006R024, Exh. A, Item 1, 9-26-2006; Res.
vation development is calcu- No. 01222008R001, Exh. A, 1-22-2008; Res. No.
lated by dividing the total de- 02172009R010, Exh. A, 2-17-2009; Res. No.
velopable area by the required 04282009R001, Exh. A, 4-28-2009)
minimum lot size. Maximum
density in a rural land plan is 4.1.12. R-2 Residential.
determined by subsection A. Principal uses:
5.8.6.A. Lots in a conservation
development or rural land plan Agricultural
that use a well or an individual 1. Apiary (R)
septic system must contain at
Residential
least two acres (87,120 square
feet). Lots in a conservation de- 2. Single-family dwelling (R)
velopment or rural land plan 3. Duplex dwelling (R)
connected to public water and
4. Group home for the developmentally
either a public sewer or commu-
disabled (R)
nity sewer system are not re-
quired to meet minimum lot 5. Group home for the aged (R)
size requirements (except for 6. Group home (R)
the purpose of calculating den-
sity). 7. Storage buildings and garages (R)—
See section 4.3 (use descriptions and
2. Minimum required setbacks: (If more conditions)
than one setback applies, the greater
8. Group home for the mentally ill (R)
setback is required.)
Institutional
a. Street and road setback (Refer
to section 4.9.1 setbacks from 9. Hospital (S)
highways, county roads, and all 10. School, public (L)
other streets and roads.) The
setback from a street or road 11. School, nonpublic (S)
must be 20 feet from the lot 12. Church (MS/S)—See section 4.3
line, nearest edge of the road
13. Child/elderly care center (S)
easement, nearest edge of right-
of-way, or nearest edge of trav- 14. Child/elderly care home (R)
eled way, whichever is greater. 15. Congregate residence (S)
b. Side yards—Seven feet. 16. State licensed group home (S)
c. Rear yards—25 feet. 17. Sheriff/fire station (L)
d. Refer to section 4.9.2 for addi- Recreational
tional setback requirements (in-
cluding but not limited to 18. Public park/playground (L)
streams, creeks and rivers). 19. Trail/trail head (L)

Supp. No. 13, Addition LUC4:20

 ZONING 4.1.13

Accommodation line, nearest edge of the road

20. Nursing home (S) easement, nearest edge of right-
of-way, or nearest edge of trav-
Utilities eled way, whichever is greater.
21. Utility substation (L) b. Side yards—Six feet.
22. Commercial mobile radio service (R/ c. Rear yard—20 feet.
S)—See section 16 d. Refer to section 4.9.2 for addi-
23. Water storage facility (L) tional setback requirements (in-
24. Treatment plant (L) cluding but not limited to
streams, creeks and rivers).
B. Lot, building and structure requirements:
3. Maximum structure height—40 feet.
1. Minimum lot size:
4. No parcel can be used for more than
a. 100,000 square feet (2.3 acres) one principal building; additional
if a well or septic system is buildings on a parcel are allowed if
used. they meet the accessory use criteria
b. 7,500 square feet (0.17 acre) in subsection 4.3.10.
per dwelling unit if public wa- (Res. No. 02222005R002, Exh. A, 2-22-2005; Res.
ter and sewer are used. No. 05022006R001, Exh. A, 5-2-2006; Res. No.
c. Maximum density in a conser- 09262006R024, Exh. A, Item 1, 9-26-2006; Res.
vation development is calcu- No. 01222008R001, Exh. A, 1-22-2008; Res. No.
lated by dividing the total de- 02172009R010, Exh. A, 2-17-2009; Res. No.
velopable area by the required 04282009R001, Exh. A, 4-28-2009)
minimum lot size. Maximum
density in a rural land plan is 4.1.13. M-Multiple-family.
determined by subsection A. Principal uses:
5.8.6.A. Lots in a conservation
Agricultural
development or rural land plan
that use a well or an individual 1. Apiary (R)
septic system must contain at Residential
least two acres (87,120 square
feet). Lots in a conservation de- 2. Single-family dwelling (R)
velopment or rural land plan 3. Duplex dwelling (R)
connected to public water and 4. Multiple family dwelling (R)
either a public sewer or commu-
nity sewer system are not re- 5. Group home for the developmentally
quired to meet minimum lot disabled (R)
size requirements (except for 6. Group home for the aged (R)
the purpose of calculating den-
7. Storage buildings and garages (R)—
sity).
See section 4.3 (use descriptions and
2. Minimum required setbacks: (If more conditions)
than one setback applies, the greater
8. Group home for the mentally ill (R)
setback is required.)
Institutional
a. Street and road setback (Refer
to section 4.9.1 setbacks from 9. State-licensed group home (S)
highways, county roads, and all 10. Rehabilitation facility (S)
other streets and roads.) The
setback from a street or road 11. Child/elderly care center (S)
must be 20 feet from the lot 12. Child/elderly care home (R)

Supp. No. 13, Addition LUC4:21

4.1.13 LARIMER COUNTY LAND USE CODE

13. Congregate residence (S) 2. Minimum required setbacks: (If more

than one setback applies, the greater
14. Sheriff/fire station (L)
setback is required).
Accommodation
a. Street and road setback (Refer
15. Boarding/rooming house (S) to section 4.9.1 setbacks from
16. Nursing home (S) highways, county roads, and all
other streets and roads.) The
Recreational setback from a street or road
17. Public park/playground (L) must be 45 feet from the lot
line, nearest edge of the road
18. Trail/trail head (L) easement, nearest edge of right-
Utilities of-way, or nearest edge of trav-
eled way, whichever is greater.
19. Utility substation (L)
b. Side yards—Seven feet.
20. Commercial mobile radio service (R/
S)—See section 16 c. Rear yards—Seven feet.
d. Refer to section 4.9.2 for addi-
21. Water storage facility (L)
tional setback requirements (in-
22. Treatment plant (L) cluding but not limited to
streams, creeks and rivers).
B. Lot, building and structure requirements:
3. Maximum structure height—40 feet.
1. Minimum lot size:
a. 100,000 square feet (2.3 acres) 4. No parcel can be used for more than
per dwelling unit if a well or one principal building; additional
septic system is used. buildings on a parcel are allowed if
they meet the accessory use criteria
b. 5,000 square feet (0.12 acre) in subsection 4.3.10.
per dwelling unit if public wa- (Res. No. 02222005R002, Exh. A, 2-22-2005; Res.
ter and sewer are used. No. 05022006R001, Exh. A, 5-2-2006; Res. No.
c. Maximum density in a conser- 09262006R024, Exh. A, Item 1, 9-26-2006; Res.
vation development is calcu- No. 01222008R001, Exh. A, 1-22-2008; Res. No.
lated by dividing the total de- 04282009R001, Exh. A, 4-28-2009)
velopable area by the required
minimum lot size. Maximum 4.1.14. M-1 Multiple-family.
density in a rural land plan is
determined by subsection A. Principal uses:
5.8.6.A. Lots in a conservation Agricultural
development or rural land plan
that use a well or an individual 1. Apiary (R)
septic system must contain at Residential
least two acres (87,120 square
feet). Lots in a conservation de- 2. Single-family dwelling (R)
velopment or rural land plan 3. Duplex dwelling (R)
connected to public water and
4. Multiple-family dwelling (R)
either a public sewer or commu-
nity sewer system are not re- 5. Manufactured housing park (S)
quired to meet minimum lot
6. Group home for the developmentally
size requirements (except for
disabled (R)
the purpose of calculating den-
sity). 7. Group home for the aged (R)

Supp. No. 13, Addition LUC4:22

 ZONING 4.1.15

8. Storage buildings and garages (R)— size requirements (except for

See section 4.3 (use descriptions and the purpose of calculating den-
conditions) sity).
9. Group home for the mentally ill (R) 2. Minimum required setbacks: (If more
Institutional than one setback applies, the greater
setback is required).
10. State-licensed group home (S)
a. Street and road setback (Refer
11. Child/elderly care center (S) to section 4.9.1 setbacks from
12. Child/elderly care home (R) highways, county roads, and all
13. Sheriff/fire station (L) other streets and roads.) The
setback from a street or road
Recreational must be 45 feet from the lot
14. Public park/playground (L) line, nearest edge of the road
easement, nearest edge of right-
15. Trail/trail head (L)
of-way, or nearest edge of trav-
Utilities eled way, whichever is greater.
16. Utility substation (L) b. Side yards—Seven feet.
17. Commercial mobile radio service (R/ c. Rear yard—Seven feet.
S)—See section 16 d. Refer to section 4.9.2 for addi-
18. Water storage facility (L) tional setback requirements (in-
19. Treatment plant (L) cluding but not limited to
streams, creeks and rivers).
B. Lot, building and structure requirements:
3. Maximum structure height—40 feet.
1. Minimum lot size:
4. No parcel can be used for more than
a. 100,000 square feet (2.3 acres) one principal building; additional
per dwelling unit if a well or buildings on a parcel are allowed if
septic system is used. they meet the accessory use criteria
b. 5,000 square feet (0.12 acre) in subsection 4.3.10.
per dwelling unit if public wa- (Res. No. 02222005R002, Exh. A, 2-22-2005; Res.
ter and sewer are used. No. 05022006R001, Exh. A, 5-2-2006; Res. No.
c. Maximum density in a conser- 09262006R024, Exh. A, Item 1, 9-26-2006; Res.
vation development is calcu- No. 01222008R001, Exh. A, 1-22-2008; Res. No.
lated by dividing the total de- 04282009R001, Exh. A, 4-28-2009)
velopable area by the required
minimum lot size. Maximum 4.1.15. A-Accommodations.
density in a rural land plan is A. Principal uses:
determined by subsection
5.8.6.A. Lots in a conservation Agricultural
development or rural land plan 1. Apiary (R)
that use a well or an individual
Residential
septic system must contain at
least two acres (87,120 square 2. Single-family dwelling (R)
feet). Lots in a conservation de- 3. Storage buildings and garages (R)—
velopment or rural land plan See section 4.3 (use descriptions and
connected to public water and conditions)
either a public sewer or commu-
nity sewer system are not re- 4. Group home for the mentally ill (R)
quired to meet minimum lot Accommodation

Supp. No. 13, Addition LUC4:23

4.1.15 LARIMER COUNTY LAND USE CODE

5. Bed and breakfast (R/S)—See sec- size requirements (except for

tion 4.3 (use descriptions and condi- the purpose of calculating den-
tions) sity).
6. Boarding/rooming house (S) 2. Minimum required setbacks: (If more
than one setback applies, the greater
7. Hotel/motel (R) setback is required).
8. Resort lodge/resort cabins (S) a. Street and road setback (Refer
9. Recreational vehicle park/camp- to section 4.9.1 setbacks from
ground (S) highways, county roads, and all
other streets and roads.) The
Utilities setback from a street or road
10. Utility substation (L) must be 25 feet from the lot
line, nearest edge of the road
11. Commercial mobile radio service (R/ easement, nearest edge of right-
S)—See section 16 of-way, or nearest edge of trav-
12. Water storage facility (L) eled way, whichever is greater.
b. Side yards—Ten feet.
13. Treatment plant (L)
c. Rear yards—Ten feet.
Institutional
d. Refer to section 4.9.2 for addi-
14. Sheriff/fire station (L) tional setback requirements (in-
cluding but not limited to
15. Church (MS/S)—See section 4.3 streams, creeks and rivers).
B. Lot, building and structure requirements: 3. Maximum structure height—40 feet.
1. Minimum lot size: 4. No parcel can be used for more than
one principal building; additional
a. 100,000 square feet (2.3 acres)
buildings on a parcel are allowed if
if a wall or septic system is
they meet the accessory use criteria
used.
in subsection 4.3.10.
b. 15,000 square feet (0.34 acre) if (Res. No. 02222005R002, Exh. A, 2-22-2005; Res.
public water and sewer are used. No. 05022006R001, Exh. A, 5-2-2006; Res. No.
c. Maximum density in a conser- 09262006R024, Exh. A, Item 1, 9-26-2006; Res.
vation development is calcu- No. 01222008R001, Exh. A, 1-22-2008; Res. No.
lated by dividing the total de- 04282009R001, Exh. A, 4-28-2009)
velopable area by the required
minimum lot size. Maximum 4.1.16. T-Tourist.
density in a rural land plan is A. Principal uses:
determined by subsection
5.8.6.A. Lots in a conservation Agricultural
development or rural land plan 1. Apiary (R)
that use a well or an individual
Residential
septic system must contain at
least two acres (87,120 square 2. Single-family dwelling (R)
feet). Lots in a conservation de- 3. Storage buildings and garages (R)—
velopment or rural land plan See section 4.3 (use descriptions and
connected to public water and conditions)
either a public sewer or commu-
nity sewer system are not re- 4. Group home for the mentally ill (R)
quired to meet minimum lot Commercial

Supp. No. 13, Addition LUC4:24

 ZONING 4.1.17

5. Convenience store (S) B. Lot, building and structure requirements:

6. Automobile service station (S) 1. Minimum lot size:
7. Carwash (S) a. 100,000 square feet (2.3 acres)
8. General retail (R/S)—See section 4.3 if a well or septic system is
used.
9. Professional office (R)
b. 15,000 (0.34 acre) square feet if
10. Clinic (R) public water and sewer are uses.
11. Personal service (R)
2. Minimum required setbacks: (If more
12. Takeout restaurant (S) than one setback applies, the greater
13. Sit-down restaurant (R) setback is required).
14. Nightclub (S) a. Street and road setback (Refer
to section 4.9.1 setbacks from
Institutional
highways, county roads, and all
15. Child/elderly care center (S) other streets and roads.) The
16. Sheriff/fire station (L) setback from a street or road
must be 25 feet from the lot
17. Church (R/S)—See section 4.3 line, nearest edge of the road
Recreational easement, nearest edge of right-
18. Place of amusement or recreation of-way, or nearest edge of trav-
(R/S)—See section 4.3 (use descrip- eled way, whichever is greater.
tions and conditions) b. Side yards—Ten feet.
19. Riding stable (S) c. Rear yards—Ten feet.
20. Membership club/clubhouse (R) d. Refer to section 4.9.2 for addi-
tional setback requirements (in-
Accommodation
cluding but not limited to
21. Hotel/motel (R) streams, creeks and rivers).
22. Bed and breakfast (R/S)—See sec- 3. Maximum structure height—40 feet.
tion 4.3
4.
No parcel can be used for more than
23. Recreational vehicle park/camp- one principal building; additional
ground (S) buildings on a parcel are allowed if
24. Resort lodge/resort cabins (S) they meet the accessory use criteria
25. Seasonal camp (S) in subsection 4.3.10.
(Res. No. 11122002R001, 9-23-2002; Res. No.
26. Retreat (S) 05022006R001, Exh. A, 5-2-2006; Res. No.
Utilities 09262006R024, Exh. A, Item 1, 9-26-2006; Res.
No. 01222008R001, Exh. A, 1-22-2008; Res. No.
27. Utility substation (L)
02172009R010, Exh. A, 2-17-2009; Res. No.
28. Commercial mobile radio service (R/ 04282009R001, Exh. A, 4-28-2009)
S)—See section 16
29. Treatment plant (L) 4.1.17. B-Business.
30. Water storage facility (L) A. Principal uses:
31. Radio and television transmitter (S) Agricultural
Transportation 1. Pet animal facility (R/S)—See sec-
32. Parking lot/garage (S) tion 4.3
33. Transportation service (S) 2. Apiary (R)

Supp. No. 13, Addition LUC4:25

4.1.17 LARIMER COUNTY LAND USE CODE

3. Pet animal veterinary clinic/hospital 33. Transportation service (R)

(R/MS/S)—See section 4.3
34. Parking lot/garage (R)
4. Livestock veterinary clinic/hospital
(R/MS/S)—See section 4.3 35. Park and ride (R)
Commercial Recreational
5. Convenience store (S) 36. Membership club/clubhouse (R)
6. Automobile service station (S) 37. Place of amusement or recreation
7. Carwash (S) (R/S)—See section 4.3
8. Professional office (R) B. Lot, building and structure requirements:
9. General retail (R/S)—See section 4.3 1. Minimum lot size:
10. Personal service (R) a. 100,000 square feet (2.3 acres)
11. Takeout restaurant (S) if a well or septic system is
12. Sit-down restaurant (R) used.
13. Nightclub (R) b. 15,000 (0.34 acre) square feet if
public water and sewer are used.
14. Instructional facility (R)
2. Minimum required setbacks: (If more
15. Clinic (R)
than one setback applies, the greater
Institutional setback is required.)
16. Health services (R) a. Street and road setback (Refer
17. Hospital (R) to section 4.9.1 setbacks from
18. School, public (L) highways, county roads, and all
other streets and roads.) The
19. School, nonpublic (S) setback from a street or road
20. Rehabilitation facility (R) must be 25 feet from the lot
21. Child/elderly care center (S) line, nearest edge of the road
easement, nearest edge of right-
22. Sheriff/fire station (L) of-way, or nearest edge of trav-
23. Church (R/S)—See section 4.3 eled way, whichever is greater.
Accommodation b. Side yards—Ten feet.
24. Hotel/motel (R) c. Rear yards—Ten feet.
25. Bed and breakfast (R/S)—See sec- d. Refer to section 4.9.2 for addi-
tion 4.3 tional setback requirements (in-
26. Nursing home (R) cluding but not limited to
streams, creeks and rivers).
Utilities
3. Maximum structure height—40 feet.
27. Utility substation (L)
28. Commercial mobile radio service (R/ 4. No parcel can be used for more than
S)—See section 16 one principal building; additional
buildings on a parcel are allowed if
29. Treatment plant (L)
they meet the accessory use criteria
30. Water storage facility (L) in subsection 4.3.10.
31. Radio and television transmitter (S) (Res. No. 11122002R001, 9-23-2002; Res. No.
06172003R009, 6-17-2003; Res. No. 03302004R001,
Transportation § 1(Exh. A), 3-15-2004; Res. No. 01222008R001,
32. Bus terminal (S) Exh. A, 1-22-2008; Res. No. 10282008R005, Exh.

Supp. No. 13, Addition LUC4:26

 ZONING 4.1.18

A, 10-28-2008; Res. No. 02172009R010, Exh. A,

2-17-2009; Res. No. 04282009R001, Exh. A, 4-28-
2009)
Cross reference—Businesses, ch. 14.

4.1.18. C-Commercial
A. Principal uses:
Agricultural
1. Garden supply center (R)
2. Livestock auction (S)
3. Pet animal facility (R/S)—See sec-
tion 4.3
4. Pet animal veterinary clinic/hospital
(R/MS/S)—See section 4.3
5. Livestock veterinary clinic/hospital
(R/MS/S)—See section 4.3
6. Apiary (R)
Commercial
7. Convenience store (R)
8. Automobile service station (R)
9. Carwash (R)

Supp. No. 13, Addition LUC4:26.1

 ZONING 4.1.18

10. Professional office (R) 41. Commercial mobile radio service (R/
11. General retail (R/S) See section 4.3 S)—See section 16

12. General commercial (R) 42. Radio and television transmitters (S)
13. Personal service (R) 43. Water storage facility (L)
14. Takeout restaurant (R) Transportation
15. Sit-down restaurant (R) 44. Transportation depot (R)
16. Nightclub (R)
45. Bus terminal (R)
17. Flea market (R/S)—See section 4.3
(use descriptions and conditions) 46. Truck stop (R)
18. Instructional facility (R) 47. Transportation service (R)
19. Outdoor display/sales (R) 48. Parking lot/garage (R)
20. Clinic (R) 49. Park and ride (R)
Institutional
B. Lot, building and structure requirements:
21. Health services (R)
22. Hospital (R) 1. Minimum lot size:

23. School, public (L) a. 100,000 square feet (2.3 acres)

if a well or septic system is
24. School, nonpublic (S) used.
25. Rehabilitation facility (R) b. 15,000 square feet (0.34 acre) if
26. Jail/prison (S) public water and sewer are used.
27. Sheriff/fire station (L) 2. Minimum required setbacks: (If more
29. Funeral Home (R) than one setback applies, the greater
setback is required).
30. Crematorium (S)
a. Street and road setback (Refer
Recreational
to section 4.9.1 setbacks from
31. Place of amusement or recreation highways, county roads, and all
(R/S)—See section 4.3 other streets and roads.) The
32. Shooting range (R/S)—See section setback from a street or road
4.3 must be 25 feet from the lot
line, nearest edge of the road
33. Membership club/clubhouse (R) easement, nearest edge of right-
Accommodation of-way, or nearest edge of trav-
eled way, whichever is greater.
34. Hotel/motel (R)
Industrial b. Side yards—Ten feet.

35. Enclosed storage (R) c. Rear yards—20 feet.

36. Trade use (R/S)—See section 4.3 d. Refer to section 4.9.2 for addi-
tional setback requirements (in-
37. Light industrial (S) cluding but not limited to
38. Outdoor storage (R/MS) streams, creeks and rivers).
Utilities 3. Maximum structure height—40 feet.
39. Utility substation (L) 4. No parcel can be used for more than
40. Treatment plant (L) one principal building; additional

Supp. No. 13 LUC4:27

4.1.18 LARIMER COUNTY LAND USE CODE

buildings on a parcel are allowed if 21. Place of amusement or recreation

they meet the accessory use criteria (R/S)—See section 4.3 (use descrip-
in subsection 4.3.10. tions and conditions)
(Res. No. 11122002R001, 9-23-2002; Res. No. 22. Shooting range (R/S)—See section
06172003R009, 6-17-2003; Res. No. 03302004R001, 4.3
§ 1(Exh. A), 3-15-2004; Res. No. 01222008R001,
Exh. A, 1-22-2008; Res. No. 01292008R003, Exh. 23. Membership club/clubhouse (R)
A, 1-29-2008; Res. No. 10282008R005, Exh. A, Industrial
10-28-2008; Res. No. 02172009R010, Exh. A, 2-17-
24. Enclosed storage (R)
2009; Res. No. 02172009R011, Exh. A, 2-17-2009;
Res. No. 04282009R001, Exh. A, 4-28-2009) 25. Outdoor storage (R/MS)
Cross reference—Businesses, ch. 14. 26. Trade use (R)
27. Light industrial (R)
4.1.19. I-Industrial.
28. General industrial (S)
A. Principal uses:
29. Mining (S)
Agricultural
30. Oil and gas drilling and production
1. Pet animal veterinary clinic/hospital (R)
(R/MS/S)—See section 4.3
31. Land fill (S)
2. Livestock veterinary clinic/hospital
(R/MS/S)—See section 4.3 32. Recycling (S)
3. Pet animal facility (R/S)—See sec- 33. Hazardous materials storage and
tion 4.3 handling (S)

4. Apiary (R) 34. Junkyard (S)

Commercial 35. Small wind energy facility (MS)

Utilities
5. Permanent fireworks sales (S)
36. Utility substation (L)
6. Adult use (S)
37. Treatment plant (L)
7. Outdoor display/sales (R)
38. Radio and television transmitters (S)
8. Convenience store (R/S)
39. Commercial mobile radio service (R/
9. Automobile service station (R/S) S)—See section 16
10. Car wash (R/S) 40. Water storage facility (L)
11. Professional office (R/S) Transportation
12. General retail (R/S) 41. Transportation depot (R)
13. General commercial (R/S) 42. Bus terminal (R)
14. Personal service (R/S) 43. Truck stop (R)
15. Restaurant/take-out (R/S) 44. Transportation service (R)
16. Restaurant/sit-down (R/S) 45. Parking lot/garage (R)
17. Nightclub (R/S) 46. Park and ride (R)
18. Flea market (R/S) 47. Heliport (S)
19. Instructional facility (R/S) 48. Train station (R)
20. Clinic (R/S) Institutional
Recreational 49. Sheriff/fire station (L)

Supp. No. 13 LUC4:28

 ZONING 4.1.20

50. Church (R/S)—See section 4.3 4.1.20. I-1 Heavy industrial.

51. Funeral homes (R) A. Principal uses:
52. Crematorium (S) Agricultural
B. Lot, building and structure requirements: 1. Apiary (R)
1. Minimum lot size: Commercial
a. 100,000 square feet (2.3 acres) 2. Permanent fireworks sales (S)
if a well or septic system is 3. Adult use (S)
used.
Industrial
b. 15,000 square feet (0.34 acre) if
public water and sewer are used. 4. Enclosed storage (R)
2. Minimum required setbacks: (If more 5. Outdoor storage (R/MS)
than one setback applies, the greater 6. Light industrial (R)
setback is required). 7. General industrial (S)
a. Street and road setback (Refer
8. Mining (S)
to section 4.9.1 setbacks from
highways, county roads, and all 9. Oil and gas drilling and production
other streets and roads.) The (R)
setback from a street or road 10. Recycling (S)
must be 25 feet from the lot
11. Hazardous materials storage and
line, nearest edge of the road
handling (S)
easement, nearest edge of right-
of-way, or nearest edge of trav- 12. Junkyard (S)
eled way, whichever is greater. 13. Power plant (S)
b. Side yards—Ten feet. 14. Small wind energy facility (MS)
c. Rear yards—Ten feet. Institutional
d. Refer to section 4.9.2 for addi-
15. Sheriff/fire station (L)
tional setback requirements (in-
cluding but not limited to 16. Funeral homes (R)
streams, creeks and rivers). 17. Crematorium (S)
3. Maximum structure height—40 feet. Utilities
4. No parcel can be used for more than 18. Utility substation (L)
one principal building; additional 19. Commercial mobile radio service (R/
buildings on a parcel are allowed if S)—See section 16
they meet the accessory use criteria
in subsection 4.3.10. 20. Water storage facility (L)
(Res. No. 11122002R001, 9-23-2002; Res. No. 21. Treatment plant (L)
04292003R005, 4-29-2003; Res. No. 06172003R009,
22. Radio and television transmitter (S)
6-17-2003; Res. No. 03302004R001, § 1(Exh. A),
3-15-2004; Res. No. 08212007R004, Exh. A, 8-21- B. Lot, building and structure requirements:
2007; Res. No. 01222008R001, Exh. A, 1-22-2008; 1. Minimum lot size:
Res. No. 06032008R003, Exh. A, 6-3-2008; Res.
a. 100,000 square feet (2.3 acres)
No. 10282008R005, Exh. A, 10-28-2008; Res. No.
if a well or septic system is
02172009R010, Exh. A, 2-17-2009; Res. No.
used.
02172009R011, Exh. A, 2-17-2009; Res. No.
04282009R001, Exh. A, 4-28-2009) b. 15,000 square feet (0.34 acre) if
Cross reference—Businesses, ch. 14. public water and sewer are used.

Supp. No. 13, Addition LUC4:29

4.1.20 LARIMER COUNTY LAND USE CODE

2. Minimum required setbacks: (If more 10. Pet animal facility (MS/S)—See sec-
than one setback applies, the greater tion 4.3
setback is required). 11. Fur farm (S)
a. Street and road setback (Refer
12. Pet animal veterinary clinic/hospital
to section 4.9.1 setbacks from
(MS/S)—See section 4.3
highways, county roads, and all
other streets and roads.) The 13. Livestock veterinary clinic/hospital
setback from a street or road (MS/S)—See section 4.3
must be 25 feet from the lot 14. Apiary (R)
line, nearest edge of the road
Residential
easement, nearest edge of right-
of-way, or nearest edge of trav- 15. Single-family dwelling (R/S)—See sec-
eled way, whichever is greater. tion 4.3 (use descriptions and condi-
tions)
b. Side yards—Ten feet.
c. Rear yards—Ten feet. 16. Storage buildings and garages (R)—
See section 4.3 (use descriptions and
d. Refer to section 4.9.2 for addi- conditions)
tional setback requirements (in-
cluding but not limited to 17. Group home for the mentally ill (R)
streams, creeks and rivers). Commercial
3. Maximum structure height—40 feet. 18. Convenience store (S)
4.No parcel can be used for more than 19. Automobile service station (S)
one principal building; additional 20. Carwash (S)
buildings on a parcel are allowed if
they meet the accessory use criteria 21. Professional office (S)
in subsection 4.3.10. 22. General retail (S)
(Res. No. 04292003R005, 4-29-2003; Res. No. 23. Personal service (S)
08212007R004, Exh. A, 8-21-2007; Res. No.
01222008R001, Exh. A, 1-22-2008; Res. No. 24. Takeout restaurant (S)
06032008R003, Exh. A, 6-3-2008; Res. No. 25. Sit-down restaurant (S)
02172009R011, Exh. A, 2-17-2009; Res. No. 26. Nightclub (S)
04282009R001, Exh. A, 4-28-2009)
Cross reference—Businesses, ch. 14. 27. Instructional facility (S)
Institutional
4.1.21. AP-Airport.
28. Health services (S)
A. Principal uses: 29. Hospital (S)
Agricultural 30. School, public (L)
1. Farm (R) 31. School, nonpublic (S)
2. Sod farm, nursery (R) 32. Church (MS/S)—See section 4.3
3. Tree farm (R) 33. Community hall (MS/S)—See sec-
4. Greenhouse (R) tion 4.3
5. Garden supply center (S) 34. Sheriff/fire station (L)
6. Commercial poultry farm (S) 35. Cemetery (S)
7. Feedyard (S) Recreational
8. Boarding stable (S) 36. Golf course (S)
9. Livestock auction (S) 37. Country club (S)

Supp. No. 13, Addition LUC4:30

 ZONING 4.1.21

38. Place of amusement or recreation B. Lot, building and structure requirements:

(R/S)—See section 4.3 1. Minimum lot size:
39. Riding academy (S) a. 100,000 square feet (2.3 acres)
40. Public park and playground (L) if a well or septic system is
used.
41. Trail and trail head (L)
b. 15,000 square feet (0.34 acre)
42. Membership club/clubhouse (S) for any single-family dwelling
lot approved through a general
Accommodation
development plan as described
43. Bed and breakfast (MS/S) in subsection 5.13.3 (general de-
velopment plan). Public water
44. Hotel/motel (S)
and sewer are required for any
Industrial lot of less than 100,000 square
feet.
45. Enclosed storage (S)
c. 100,000 square feet for any lot
46. Trade use (S) for a use that requires special
47. Light industrial (S) review other than a single-
family dwelling.
48. General industrial (S)
d. Maximum density in a conser-
49. Mining (S) vation development is calcu-
lated by dividing the total de-
50. Oil and gas drilling and production
velopable area by 100,000
(R)
square feet. Maximum density
Utilities in a rural land plan is deter-
mined by subsection 5.8.6.A.
51. Utility substation (L)
Lots in a conservation develop-
52. Treatment plant (L) ment or rural land plan that
use a well or an individual sep-
53. Commercial mobile radio service (R/
tic system must contain at least
S)—-See section 16
two acres (87,120 square feet).
54. Water storage facility (L) Lots in a conservation develop-
ment or rural land plan con-
Transportation
nected to public water and ei-
55. Transportation depot (S) ther a public sewer or
community sewer system are
56. Bus terminal (S) not required to meet minimum
57. Truck stop (S) lot size requirements (except
for the purpose of calculating
58. Transportation service (S) density).
59. Parking lot/garage (S) 2. Minimum required setbacks: (If more
60. Airport (S) than one setback applies, the greater
setback is required.)
61. Park and ride (S)
a. Street and road setback (Refer
62. Heliport (S) to section 4.9.1 setbacks from
highways, county roads, and all
63. Train station (S)
other streets and roads.) The
64. Commercial aerial sightseeing/tour setback from a street or road
flights (S) must be 25 feet from the lot

Supp. No. 13 LUC4:30.1

4.1.21 LARIMER COUNTY LAND USE CODE

line, nearest edge of the road 1,000 gallons can be stored

easement, nearest edge of right- aboveground only in accordance with
of-way, or nearest edge of trav- safety criteria and standards relat-
eled way, whichever is greater. ing to quantity-distance criteria, type
b. Side yards—Five feet. of storage facilities and the shielding
of storage facilities that are custom-
c. Rear yards—Five feet.
ary in the industry with respect to
d. Refer to section 4.9.2 for addi- stored material;
tional setback requirements (in-
3. No uses are allowed where the prin-
cluding but not limited to
cipal business purpose is the manu-
streams, creeks and rivers).
facture, warehousing, storage or ship-
3. Maximum structure height: ping of commercial explosives or
a. Forty feet for uses by right. radioactive materials;
b. For special review uses, the 4. Any dust, fumes, odors, smoke, va-
maximum structure height is por, noise and vibration not directly
determined through the special resulting from the takeoff and land-
review process based on the ing of aircraft must be effectively
structure's impact on airport confined within the boundaries of
operations. the AP-airport zone; and
4. No parcel can be used for more than 5. Certain uses or activities in the des-
one principal building; additional ignated flight patterns, noise and/or
buildings on a parcel are allowed if critical areas shown on the flight
they meet the accessory use criteria patterns and Composite Noise Rat-
in subsection 4.3.10. ing Contours Map are incompatible
with airport operations. The follow-
C. Additional requirements for all uses in ing land uses are generally consid-
the AP-airport zone: ered to be incompatible with airport
1. No use will be allowed that would: operations in the following areas:
a. Adversely affect visibility in the a. Flight pattern area:
vicinity of the airport or the (1) Schools
operational efficiency of any nav- (2) Churches
igational or communications fa- (3) Hospitals
cilities used by aircraft at the
(4) Libraries
airport;
b. Noise area 2:
b. Make it difficult for pilots to
distinguish between airport (1) Residential dwellings
lights and other lighting; or (2) Schools
c. Result in glare in the eyes of (3) Churches
pilots using the airport. (4) Hospitals
2. Unless approved through the special (5) Libraries
review process, no uses are allowed (6) Auditoriums
that require aboveground storage of (7) Outdoor amphitheaters
chemicals, gases, liquids or other (8) Concert halls
materials that are flammable, explo- (9) Sports arenas
sive or poisonous or which pose a
safety hazard to the public in quan- c. Noise area 3:
tities of 1,000 gallons or more. Such (1) Residential dwellings
materials in quantities exceeding (2) Hotels

Supp. No. 13 LUC4:30.2

 ZONING 4.1.22

(3) Motels 4.1.22. PD-Planned development.

(4) Schools
A. Intent. This district provides the flexibility
(5) Churches needed to accommodate urban level development
(6) Hospitals in:
(7) Libraries
1. GMA districts, so that it is consistent with
(8) Auditoriums the applicable supplementary regulations
(9) Outdoor amphitheaters to the GMA district for the municipality.
(10) Concert halls In the absence of such supplementary
regulations, the recommendations of the
(11) Sports arenas municipality will be considered; and
(12) Playgrounds
2. The LaPorte Area Plan, so that it is con-
(13) Parks
sistent with the LaPorte Area Plan.
(14) Active open space
(15) Office buildings B. Applicability. The PD-planned development
district (PD district) is an underlying zoning
(16) Personal, business and district and may be applied only in a GMA district
professional offices and in the LaPorte Plan Area.
(17) Commercial uses
(18) Manufacturing uses C. Allowed uses. The county commissioners
may approve a use in a PD district, provided the
(19) Transportation uses use is consistent with the applicable supplemen-
(20) Communications and util- tary regulations to the GMA district or the LaPorte
ities area plan. In the absence of any applicable sup-
d. Critical area: plementary regulations to the GMA district, the
county commissioners will consider the recommen-
(1) Residential dwellings dations of the municipality.
(2) Hotels
(3) Motels D. Uses allowed by special review. A PD dis-
trict may contain provisions pertaining to uses
(4) Schools allowed by special review.
(5) Churches
(6) Hospitals E. Lot, building, structure and other require-
ments. The county commissioners will determine
(7) Libraries minimum lot sizes, densities, types and intensi-
(8) Auditoriums ties of uses, lot coverage, setbacks, building heights
(9) Outdoor amphitheaters and other requirements for each site to be zoned
PD district, which shall be based upon the appli-
(10) Concert halls
cable supplementary regulation to the GMA dis-
(11) Sports arenas trict, or upon the LaPorte Area Plan, and which
(Res. No. 04292003R005, 4-29-2003; Res. No. shall be made a condition of the rezoning to PD
06172003R009, 6-17-2003; Res. No. 03302004R001, district.
§ 1(Exh. A), 3-15-2004; Res. No. 02222005R002,
Exh. A, 2-22-2005; Res. No. 05022006R001, Exh. F. Rezoning to PD district. In order to approve
A, 5-2-2006; Res. No. 09262006R024, Exh. A, Item a rezoning to PD district, the county commission-
1, 9-26-2006; Res. No. 04102007R018, Exh. A, ers must find, in addition to the review criteria in
4-10-2007; Res. No. 01222008R001, Exh. A, 1-22- subsection 4.4.4, that the proposed land use type,
2008; Res. No. 10282008R005, Exh. A, 10-28- density and intensity are consistent with the
2008; Res. No. 02172009R010, Exh. A, 2-17-2009; applicable supplementary regulations to the GMA
Res. No. 04282009R001, Exh. A, 4-28-2009) district, or with the LaPorte Area Plan.

Supp. No. 13 LUC4:30.3

4.1.22 LARIMER COUNTY LAND USE CODE

G. Changes to approved uses, standards or 21. Recreational vehicle park/camp-

other requirements. Changes to the approved uses, ground (S)
standards or other requirements for a property 22. Resort lodge/resort cabins (R)
rezoned to PD district may be made only following
an amendment to the conditions of approval for 23. Nursing home (S)
the rezoning. Industrial
24. Enclosed storage (S)
4.1.23. RFLB-Red Feather Lakes Business.
This zoning district may be applied only within
the Red Feather Lakes Plan Area.
A. Principal uses:
Commercial
1. Convenience store (R)
2. Automobile service station (R)
3. Carwash (R)
4. General retail (R/S) - See section 4.3
5. Professional office (R)
6. Clinic (R)
7. Personal service (R)
8. Bar/tavern (R/MS) - See section 4.3
9. Restaurant (R/MS) - See section 4.3
10. Instructional facility (R)
Agricultural
11. Pet animal veterinary clinic/hospital
(R/MS/S)—See section 4.3
12. Apiary (R)
Institutional
13. Church (R/S)—See section 4.3
14. Community hall (R/S)—See section
4.3
15. Cultural institution (R/L)
16. Sheriff/fire station (L)
17. Child/elderly care center(S)
Recreational
18. Place of amusement or recreation
(R/S) - See section 4.3
19. Membership club/clubhouse (R)
Accommodations
20. Hotel/motel (R)

Supp. No. 13 LUC4:30.4

 ZONING 4.1.23

Utilities 4. Development is subject to site plan

25. Utility substation (L/S) review - see section 6.0. [Note: site
plan review is required prior to the
26. Commercial mobile radio service (R/S) acceptance of any building permit
- see section 16 application for a nonresidential or
27. Treatment plant (L/S) multifamily use, or for a change in
28. Water storage facility (L/S) use of an existing nonresidential or
multifamily structure.]
29. Radio and television transmitter (S)
5. A parcel may be used for one or more
Transportation principal building.
30. Parking lot/garage (MS) 6. On-site parking is not required for
B. Lot, building and structure requirements: nonresidential uses fronting on Main
Street between County Road 179 and
1. Minimum lot size:
Grand Drive.
a. 100,000 square feet (2.3 acres)
if a well or septic system is
used.
b. 15,000 square feet ( 0.34 acres)
if public water and sewer are
used
2. Minimum required setbacks: (If more
than one setback applies, the greater
setback is required).
a. Street and road setback (Refer
to section 4.9.1 for setbacks from
highways, county roads, and all
other streets and roads.) The
setback from a street or road
must be 25 feet from the lot
line, nearest edge of the road
easement, nearest edge of right-
of-way, or nearest edge of trav-
eled way, whichever is greater,
except for those lots fronting on
Main Street between County
Road 179 and Grand Drive,
where the setback may be the
lesser of 25 feet or the same
setback established by an exist-
ing structure on the same side
of the street in that block.
b. Side yards - Five feet.
c. Rear yards - Ten feet.
d. Refer to section 4.9.2 for addi-
tional setback requirements (in-
cluding but not limited to
streams, creeks and rivers).
3. Maximum structure height - 40 feet.

Supp. No. 13 LUC4:30.5

 ZONING TABLE

4.1.23
Uses followed by (R) are allowed by right but they may be subject to Section 6 (site plan review) and all other requirements of this code
Uses followed by (S) require Special Review Approval

Supp. No. 13
Uses followed by (L) require Location and Extent Review
Category Use FA FA-1 FO FO-1 O E E-1 RE RE-1 R R-1 R-2 M M-1 A T B C I I-1 RFLB AP
Accommoda- Bed and Break- MS/S MS/S MS/S MS/S MS/S S S R/S R/S R/S MS/S
tion fast
Accommoda- Boarding/Room- S S
tion ing House
Accommoda- Hotel/Motel R R R R R R
tion
Accommoda- Nursing Home S S S S R S
tion
Accommoda- Resort Lodge/ S S S S S S R
tion Resort Cabins
Accommoda- Retreat S S S S S
tion
Accommoda- RV Park/Camp- S S S S S S
tion ground
Accommoda- Seasonal Camp S S S S S S S
tion
Agricultural Agricultural S S S S S S
Labor Housing
Agricultural Alfalfa Dehy- S

LUC4:30.6
drator
Agricultural Boarding Sta- S S S S S S S
ble
Agricultural Commercial S S S S
Poultry Farm
LARIMER COUNTY LAND USE CODE

Agricultural Farm R R R R R R R
Agricultural Feedyard S S S S S
Agricultural Fur Farm S S S S S S S
Agricultural Garden Supply S S S R S
Center
Agricultural Greenhouse R R R R R R R
Agricultural Pet Animal Fa- MS/S MS/S MS/S MS/S MS/S MS/S R/S R/S R/S MS/S
cility
Agricultural Livestock Auc- S S S
tion
Agricultural Livestock Vet- MS/S MS/S MS/S MS/S MS/S MS/S R/S R/S R/S MS/S
erinary Clinic/
Hospital
Agricultural Pet Animal Vet- MS/S MS/S MS/S MS/S MS/S MS/S R/MS R/MS R/MS R/MS MS/S
erinary Clinic/ /S /S /S /S
Hospital
 Uses followed by (R) are allowed by right but they may be subject to Section 6 (site plan review) and all other requirements of this code
Uses followed by (S) require Special Review Approval
Uses followed by (L) require Location and Extent Review
Category Use FA FA-1 FO FO-1 O E E-1 RE RE-1 R R-1 R-2 M M-1 A T B C I I-1 RFLB AP

Supp. No. 13
Agricultural Packing Facil- R R R
ity
Agricultural Sod Farm or R R R R R R
Nursery
Agricultural Tree Farm R R R R R R
Agricultural Apiary R R R R R R R R R R R R R R R R R R R R R R
Commercial Adult Uses S S
Commercial Automobile S S R R R S
Service Station
Commercial Bar/Tavern Sta- R/MS
tion
Commercial CarWash S S R R R S
Commercial Clinic R R R R R S
Commercial Convenience S S R R R S
Store
Commercial Flea Market R/S R/S
Commercial General Com- R R
mercial
Commercial General Retail R/S R/S R/S R/S R/S S
Commercial Instructional R R R R S
ZONING

LUC4:30.7
Facility
Commercial Nightclub S R R R S
Commercial Outdoor Dis- R R
play and Sales
Commercial Permanent S S
Fireworks Sales
Commercial Personal Ser- R R R R R S
vice
Commercial Professional R R R R R S
Office
Commercial Restaurant R/MS
Commercial Restaurant/Sit R R R R S
Down
Commercial Restaurant/ S S R R S
Takeout
Industrial Enclosed Stor- R R R S S
age
Industrial General Indus- S S S
trial
4.1.23
 Uses followed by (R) are allowed by right but they may be subject to Section 6 (site plan review) and all other requirements of this code
Uses followed by (S) require Special Review Approval

4.1.23
Uses followed by (L) require Location and Extent Review
Category Use FA FA-1 FO FO-1 O E E-1 RE RE-1 R R-1 R-2 M M-1 A T B C I I-1 RFLB AP

Supp. No. 13
Industrial Hazardous Ma- S S
terials Storage
and/or Process-
ing
Industrial Junkyard S S
Industrial Landfill S S
Industrial Light Indus- S R R S
trial
Industrial Mining S S S S S S S S S
Industrial Oil and Gas R R R R R R R R
Drilling and
Production
Industrial Outdoor Stor- R R R
age /MS /MS /MS
Industrial Power Plant L
Industrial Small Wind En- MS MS MS MS MS
ergy Facility
Industrial Recycling S S
Industrial Sawmill S S S
Industrial Trade Use R/S R S
Institutional Cemetery S S S S S S S

LUC4:30.8
Institutional Child/Elderly S S S S S S S S S S S S
Care Center
Institutional Child/Elderly R R R S S R R R R R R
Care Home
LARIMER COUNTY LAND USE CODE

Institutional Church MS/S MS/S MS/S MS/S MS/S MS/S MS/S MS/S MS/S MS/S MS/S MS/S MS/S R/S R/S R/S R/S R/S MS/S
Institutional Community MS/S MS/S MS/S R/S MS/S
Hall
Institutional Congregate S S S S
Residence
Institutional Crematorium S S S
Institutional Cultural Insti- R/L
tution
Institutional Funeral Home R R R
Institutional Group Home, S S S S S S S S S
State Licensed
Institutional Health Services R R S
Institutional Hospital S S S S S S R R S
Institutional Jail/Prison S S
Institutional Rehabilitation S R R
Facility
 Uses followed by (R) are allowed by right but they may be subject to Section 6 (site plan review) and all other requirements of this code
Uses followed by (S) require Special Review Approval
Uses followed by (L) require Location and Extent Review
Category Use FA FA-1 FO FO-1 O E E-1 RE RE-1 R R-1 R-2 M M-1 A T B C I I-1 RFLB AP

Supp. No. 13
Institutional School, S S S S S S S S S S S S S S S
Nonpublic
Institutional School, Public L L L L L L L L L L L L L L L
Institutional Sheriff/Fire L L L L L L L L L L L L L L L L L L L L L L
Station
Recreational Country Club S S S S S
Recreational Golf Course S S S S S
Recreational Membership R R R R R S
Club/Clubhouse
Recreational Place of Amuse- R/S R/S R/S R/S R/S R/S
ment or Recre-
ation
Recreational Public Park L L L L L L L L L L L L L L L
and Playground
Recreational Rafting Busi- MS
ness Academy
Recreational Riding Acad- S S S S S
emy
Recreational Riding Stable S
Recreational Shooting Range S R/S R/S
ZONING

Recreational Trail and Trail L L L L L L L L L L L L L L L

LUC4:30.9
Head
Residential Duplex Dwell- R R R
ing
Residential Group Home R R R R R R R
Residential Group Home R R R R R R R R R R R R
Dev. Disabled
Residential Group Home R R R R R R R R R R R R
Aged
Residential Manufactured S
Housing Park
Residential Multiple-family R R
Dwelling
Residential Single-family R R R R R R R R R R R R R R R R R
Dwelling
Residential Group Home R R R R R R R R R R R R R R R R R
for the Men-
tally Ill
Transporta- Airport S S
tion
Transporta- Bus Terminal S R R S
tion
4.1.23
 Uses followed by (R) are allowed by right but they may be subject to Section 6 (site plan review) and all other requirements of this code
Uses followed by (S) require Special Review Approval

4.1.23
Uses followed by (L) require Location and Extent Review
Category Use FA FA-1 FO FO-1 O E E-1 RE RE-1 R R-1 R-2 M M-1 A T B C I I-1 RFLB AP

Supp. No. 13
Transporta- Commercial S
tion Aerial Sightsee-
ing/Tour Flights
Transporta- Heliport S S S
tion
Transporta- Park and Ride S R R R S
tion
Transporta- Parking Lot/ S R R R MS S
tion Garage
Transporta- Train Station S R S
tion
Transporta- Transportation R R S
tion Depot
Transporta- Transportation S R R R S
tion Service
Transporta- Truck Stop R R S
tion
Utilities Commercial R/S R/S R/S R/S R/S R/S R/S R/S R/S R/S R/S R/S R/S R/S R/S R/S R/S R/S R/S R/S R/S R/S
Mobile Radio
Service
Utilities Radio and Tele- S S S S S S S S S S S S
vision Trans-

LUC4:30.10
mitters
Utilities Treatment L L L L L L L L L L L L L L L L L L L L L/S L
Plant
Utilities Utility Substa- L L L L L L L L L L L L L L L L L L L L L/S L
LARIMER COUNTY LAND USE CODE

tion
Utilities Water Storage L L L L L L L L L L L L L L L L L L L L L/S L
Facility

(Res. No. 11122002R001, 9-23-2002; Res. No. 04292003R005, 4-29-2003; Res. No. 12092003R001, Exh. A., 11-10-2003; Res. No.
03302004R001, § 1(Exh. A), 3-15-2004; Res. No. 09262006R024, Exh. A, Item 1, 9-26-2006; Res. No. 04102007R018, Exh. A,
4-10-2007; Res. No. 08212007R002, Exh. A, 8-21-2007; Res. No. 08212007R004, Exh. A, 8-21-2007; Res. No. 08282007R005, Exh.
A, 8-28-2007; Res. No. 01222008R001, Exh. A, 1-22-2008; Res. No. 01292008R003, Exh. A, 1-29-2008; Res. No. 06032008R003, Exh.
A, 6-3-2008; Res. No. 10282008R005, Exh. A, 10-28-2008; Res. No. 02172009R010, Exh. A, 2-17-2009; Res. No. 04282009R001, Exh.
A, 4-28-2009)
JOBNAME: No Job Name PAGE: 5 SESS: 2 OUTPUT: Tue Dec 30 11:31:39 2003
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ZONING 4.2.1

4.2. OVERLAY ZONE DISTRICTS B. Establishment and amendment of district

boundaries.
4.2.1. Growth management area overlay zone 1. In order to carry out the purposes of this
district. section, the following zoning district clas-
sifications are established within Larimer
A. Purpose. The purposes of growth manage-
County:
ment area overlay zone districts (GMA districts)
are to: a. The Fort Collins GMA district;

1. Designate areas in the county adjacent to b. The Loveland GMA district; and
a municipality's corporate limits where c. The Windsor GMA district.
urban level development and annexation
are appropriate, and where development The term "GMA district" shall mean which-
may have an impact on present and fu- ever of the above districts is applicable
ture municipal growth patterns; given the location of the subject site.

2. Support a municipality's comprehensive 2. The boundaries of each GMA district are

plan within the GMA district; shown on the official zoning map adopted
for Larimer County.
3. Protect the health, safety and welfare of
county residents by providing land use 3. The county commissioners may establish
regulations and standards that cause de- or enlarge a GMA district if the following
velopment to occur consistent with a review criteria are met:
municipality's comprehensive plan for its a. There is an intergovernmental agree-
GMA district to the extent deemed feasi- ment with the adjacent municipality
ble by the county in consultation with the pertaining to a growth management
municipality; area and the GMA district is in-
tended to implement the agreement;
4. Minimize urban services provided by the
county by encouraging municipalities to b. The area within the GMA district
annex land designated for urban uses and boundary is expected, by the parties,
densities; to be annexed within the time frame
anticipated by the municipality's com-
5. Facilitate the annexation of lands that prehensive plan;
have developed in the GMA district while
under county jurisdiction; c. The municipality's comprehensive
plan provides the county and prop-
6. Facilitate the annexation of lands that erty owners with clear guidance re-
are eligible for annexation prior to the garding the types and intensities of
development of these lands; land uses intended for each parcel
within the GMA district boundary;
7. Implement the guiding principles and im-
plementation strategies of the county mas- d. The area within the GMA district
ter plan regarding urban and rural land can and will be served with urban
uses; level services, including, but not lim-
ited to, public sewer, public water,
8. Establish county standards and criteria urban streets and urban fire protec-
that are compatible with standards and tion; and
criteria adopted by municipalities; and
e. The review criteria for boundary or
9. Implement intergovernmental agreements zone designation set forth in subsec-
with municipalities regarding growth man- tion 4.4.4(A) through (F) have been
agement. met.

Supp. No. 2 LUC4:31

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4.2.1 LARIMER COUNTY LAND USE CODE

4. The county commissioners may exclude b. For any property in a GMA district,
an area from an established GMA district which was part of a parcel eligible
boundary following consultation with the for annexation as of December 18,
municipality if the county commissioners 2000, but which is no longer eligible
find that one or more of the review crite- because of subsequent land divisions
ria in subsection B.3 above can no longer resulting in a break in contiguity,
be met or that the municipality is not except land divisions created by court
complying with the intergovernmental order from probate, dissolution of
agreement. marriage or eminent domain proceed-
ings; or
C. Applicability.
c. Where the municipality denies the
1. The GMA districts are overlay zoning petition for annexation because:
districts and shall be applied together
with the underlying zoning district. (1) The property owner has in-
cluded conditions or require-
2. The provisions of this subsection 4.2.1 ments in the petition which the
will apply in each GMA district. Supple- county deems to be unreason-
mentary regulations to a GMA district, able or unduly burdensome; or
herein referred to as supplementary reg- (2) The property owner refuses to
ulations may be adopted which will apply agree to conditions or require-
only to a particular GMA district or to a ments imposed by the munici-
limited, defined geographical area within pality as a condition of annex-
a particular GMA district. ation which the county deems
3. In the event of a conflict between the to be reasonable.
supplementary regulations, the provi- 2. The county may accept applications for
sions of subsection 4.2.1 or any other rezoning, special review or planned land
provisions of the land use code, the sup- division where:
plementary regulations shall prevail over
the provisions of subsection 4.2.1 and the a. The subject parcel(s) has no contigu-
other provisions of the land use code; the ity to the municipal limits; or
provisions of subsection 4.2.1 shall pre- b. The municipality denies the petition
vail over the other provisions of the land for annexation for reasons other than
use code. those stated in subsection D.1.c(1) or
D. General requirements. (2) above; or
c. The applicable supplementary regu-
1. Except as provided in subsection D.2 be-
lations authorize the county to ac-
low or as otherwise permitted by the
cept the application for rezoning, spe-
supplementary regulations, the county
cial review or planned land division.
shall not accept any application for a
rezoning (PD-planned development), spe- d. In lieu of a denial of annexation by
cial review or planned land division: the municipality, the county commis-
sioners accept the written determi-
a. For any property in a GMA district
nation by the designated representa-
which has any contiguity to the mu-
tive of the municipality that the
nicipal limits and, thus, can be made
subject property owner(s) need not
eligible for voluntary annexation,
apply for annexation.
whether through a series of annex-
ations or otherwise. Instead the owner 3. Any parcel within a GMA district may be
of such property shall be required to used for any use which is designated a use
seek annexation to the municipality; allowed by right in the underlying zoning
or district. This does not apply to uses that

Supp. No. 2 LUC4:32

 ZONING 4.2.1

involve land divisions, special review or shall provide a binding agreement for
any other decisions requiring discretion- annexation. The agreement shall be in a
ary review by the county commissioners. form approved by the county and shall
include a power of attorney authorizing
4. Uses allowed only by special review in the
the city or town clerk to execute and file
underlying zoning district may be ap-
annexation petitions and maps, and shall
proved only if such uses are consistent
state that the property owner agrees to
with the applicable supplementary regu-
lations to a GMA district. If no applicable submit to the applicable municipality a
supplementary regulations have been petition for voluntary annexation at such
adopted, the review criteria for special time as the property becomes eligible for
review shall apply (subsection 4.5.3). Sup- annexation according to state annexation
plementary regulations do not apply to laws. Such agreement shall be signed by
commercial mobile radio service facilities the owner of the property, shall run with
(section 16). the land and shall be recorded in the office
of the clerk and recorder of Larimer County
5. The underlying zoning of parcels within a with a copy forwarded to the applicable
GMA district may be rezoned only to the municipality.
PD-planned development district. The PD-
planned development rezoning applica- 10. The county shall submit, to the applicable
tion must specify the proposed land use municipality for review and comment, all
types, densities and intensities. proposals for rezoning, special review, mi-
nor land division, planned land division
6. In order to approve a rezoning to PD-
planned development, the county commis- and rural land plan within the applicable
sioners must find the proposed rezoning GMA district. The county shall afford the
meets the review criteria in subsection municipality 21 days from the date of
4.4.4 of this code, and that the proposed transmittal of the referral to provide writ-
land use type, density and intensity are ten comments.
consistent with the applicable supplemen-
tary regulations, if any. E. Modifications of development standards re-
quired by supplementary regulations. Develop-
7. The county shall not accept any applica- ment standards in supplementary regulations to
tions for special exceptions in any GMA the GMA district may be modified if agreed upon
district. in writing by the developer, county commissioners
8. All divisions of land to create new lots in and the municipality. For proposed modifications
GMA districts shall be submitted and not agreed to by the applicable municipality, the
processed as planned land divisions (sub- county commissioners may grant such modifica-
section 5.2), minor land divisions (subsec- tions only in exceptional circumstances and only
tion 5.4) or rural land plans (5.8). No if they find that granting the modification will not
division of land to create new lots in GMA be detrimental to the public good and that:
districts through the planned land divi-
sion process shall be approved unless the 1. By reason of exceptional physical condi-
county commissioners have approved a tions or other extraordinary and excep-
rezoning of the land to PD-planned devel- tional situations unique to such property,
opment pursuant to subsection 4.2.1.D.6 including, but not limited to, physical
of this code. conditions, such as exceptional narrow-
ness, shallowness or topography, the strict
9. Prior to final approval of a rezoning, spe- application of the standard sought to be
cial review, site plan review (section 6), modified would result in unusual and
planned land division, minor land divi- exceptional practical difficulties, or excep-
sion or rural land plan, the property owner tional and undue hardship upon the owner

Supp. No. 11 LUC4:32.1

4.2.1 LARIMER COUNTY LAND USE CODE

of the affected property, provided such hear the request at the next available public
difficulties or hardship are not caused by hearing as determined by the planning director
the act or omission of the applicant; or after receipt of the recommendation of the munic-
2. The alternative plan, as submitted, will ipality, and the county commissioners shall hear
advance or protect the public interests the request at a public hearing no later than 21
and purposes of the standard for which days after receipt of the recommendation from the
modification is requested, equally well or applicable recommending board.
better than a plan that complies with the At the hearing, the county commissioners shall
standards for which modification is re- consider relevant information presented by the
quested. In ascertaining the "public inter- applicant, the municipality and interested mem-
ests and purposes of the standards" the bers of the public. Based on the information, the
county commissioners shall give great county commissioners may grant the modification
weight to: or grant the modification with conditions in ac-
a. The recommendation of the munici- cordance with the criteria contained in this sec-
pality; tion or deny the modification.
b. The specific language of the stan- If a modification is approved it shall be control-
dard, taken in the context of the ling for the successively, timely filed, development
regulation in which the standard is applications for that particular development pro-
contained and in the context of the posal only to the extent that it modified the
applicable provisions of the standard pertaining to such plan. All modifica-
municipality's comprehensive plan; tions which apply to a development plan which
and has not been filed at the time of the granting of
c. The willingness and agreement of the modification shall be valid for a period of time
the municipality to annex the sub- not to exceed one year following the determina-
ject area. tion of the county commissioners of the request
for the proposed modification.
A modification shall be processed and reviewed (Res. No. 04292003R005, 4-29-2003; Res. No.
concurrently with the development application to 09162003R012, § 2, 9-16-03; Res. No.
which it applies. A modification may be processed 10052004R001, Exh. A, 10-5-2004)
separately from such development application
only if the county planning director in his/her sole 4.2.2. Floodplain overlay zone districts.
discretion determines there is adequate informa-
tion to allow the modification to be evaluated A. Purpose. The following zoning district clas-
separately from the development application. sifications are established to protect the health,
safety, convenience, order, prosperity, welfare and
Applicants seeking a modification shall file a property of Larimer residents by reducing flood
written request with the county planning direc- danger:
tor. The county planning director shall refer the
application to the planning director of the munic- 1. FW-Floodway district
ipality. The municipality shall provide a recom- 2. FF-Flood fringe district
mendation to the county within 21 days of receipt
3. FH-Flood hazard district
of the request. The Larimer County Planning
Commission or other recommending board, per 4. Cache La Poudre River GMA 100-year
the applicable intergovernmental agreement, and Floodplain Zoning District
the county commissioners shall hear the request
5. Cache La Poudre River GMA 500 year
in the public hearings set for the development
Zoning District
application. If the county planning director has
authorized the modification request to be pro- B. Applicability. These floodplain zoning dis-
cessed separately from the development applica- tricts are overlay zones. The underlying zoning
tion, the applicable recommending board shall district continues to apply to the extent it has not

Supp. No. 11 LUC4:32.2

 ZONING 4.2.2

been modified by or is inconsistent with this

section. Uses followed by an (FPSR) require ap-
proval through the floodplain special review rules
described in subsection 4.2.2.G.
The Cache La Poudre River GMA 500-year
Floodplain Zoning District shall apply within the
boundaries of the Fort Collins GMA to all proper-
ties lying within the 500-year floodplain of the
Cache La Poudre River.
The Cache La Poudre River GMA 100-year
Floodplain Zoning District shall apply within that
part of the FW-Floodway Zoning District pertain-
ing to the Cache La Poudre River together with
that part of the FF-Flood Fringe Zoning District
pertaining to the Cache La Poudre River which is
within the Growth Management Area (GMA) of
the City of Fort Collins.

Supp. No. 11 LUC4:33

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ZONING 4.2.2

C. District boundaries. D. FW—Floodway district.

1. The boundaries of the floodplain zoning 1. Principal uses:
districts are determined whenever possi- a. Agricultural uses, excluding build-
ble by scaling distances from the official ings, if allowed by underlying zoning
zoning map. Location of the boundaries is (R)
determined by actual elevation of the
ground surface as determined by survey. b. Recreational uses, excluding public
Anyone contesting the location of the dis- and commercial recreational vehicle
trict boundary may submit evidence to parks and campgrounds, if allowed
the floodplain review board, which makes by underlying zoning (R)
the final decision on district boundary c. Residential accessory uses of less
locations. than 200 square feet, if allowed by
underlying zoning (R)
2. Federal regulations require the county's
official zoning maps to be consistent with d. Marinas, boat rentals, docks, piers,
flood insurance rate maps (FIRM) of the and wharves, if allowed by underly-
Federal Emergency Management Agency ing zoning (FPSR) (see subsection
(FEMA). This is necessary because prop- 4.2.2.G)
erties identified on FIRM are required to e. Railroads, streets, bridges, utility
purchase federal flood insurance. If a transmission lines, and pipelines, if
change occurs in a land contour that re- allowed by underlying zoning (FPSR)
sults in a property not being subject to
flooding and flood zoning maps are changed f. Sand and gravel extraction, if al-
without changing the FIRM, then the lowed by underlying zoning (FPSR)
properties are still required to purchase 2. Requirements for allowed uses in the FW
flood insurance. district:
3. Procedures are available to apply to FEMA a. No use can limit or restrict the flow
for a letter of map revision. The simplest capacity of the floodway or channel
case would require a small area of fill to of a main stream or a tributary to
bring an area out of the floodplain. This the main stream.
can be accomplished with a FEMA limited b. No storage of materials or equip-
fill permit. More complex cases are han- ment is allowed.
dled through a letter of map revision. The
most complex cases involving extensive c. Any proposed well, solid waste dis-
changes in land contours are handled posal site or sewage disposal system
through a conditional letter of map revi- must be protected from inundation
sion, in which plans are provided to FEMA by floodwater.
prior to the actual re-contouring of the 3. Requirements for allowed and for floodplain
land and approval is conditional upon the special review uses in the FW district:
improvements described.
a. Fill is not permitted in the FW dis-
4. After approval of the floodplain change by trict except when such fill, acting
FEMA, approval for creation of new build- alone or in combination with exist-
ing sites by the county can be processed in ing or future floodplain uses, is shown
the same time frame as that required for to have no detrimental effect upon
land division with out floodplain review. A the hydraulic capacity of the flood
change in the official flood zoning map way. In the event fill is allowed, it
requires a recommendation by the county must be protected against erosion by
planning commission and county commis- the use of appropriately designed rip
sioner approval. rap, bulk heading or vegetative cover.

Supp. No. 5 LUC4:34.1

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4.2.2 LARIMER COUNTY CODE

b. Structures:
(1) Structures must not be designed
for human habitation;
(2) Structures must be constructed
so the longitudinal axis of the
structure is parallel to the di-
rection of the flood flow;
(3) Whenever possible, the place-
ment of the structure must be
on the same flood-flow lines as
those of adjoining structures:
(4) Structures must be firmly an-
chored; and
(5) All utility services in connec-
tion with structures must when-
ever possible be placed above
the regulatory flood protection
elevation or, where not possi-

Supp. No. 5 LUC4:34.2

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ZONING 4.2.2

ble, must be adequately flood- b. Structures.

proofed in a manner approved
(1) Any structure placed in the FF
by the chief building official.
flood fringe district must have
4. Additional requirements for floodplain spe- its lowest floor level at or above
cial review uses in the FW district (see the regulatory flood protection
subsection 4.2.2.G, floodplain special re- elevation.
view).
(2) If any nonresidential structure
E. FF-Flood fringe district. or portions of any structure are
not constructed upon fill, the
1. Principle uses: portion not on fill must be
floodproofed in a manner con-
a. Agricultural uses, if allowed by un-
sistent with requirements for
derlying zoning (R)
placing a structure in the FW
b. Recreational uses, excluding public district to an elevation equal to
and commercial recreational vehicle the regulatory flood protection
parks and campgrounds, if allowed elevation.
by underlying zoning (R)
(3) All new construction and sub-
c. Residential accessory uses, if al- stantial improvements must be
lowed by underlying zoning (R) constructed with materials and
utility equipment resistant to
d. Single-family residences on an exist-
flood damage.
ing legal lot or parcel, if allowed by
underlying zoning (R) (4) All new construction and sub-
stantial improvements must be
e. Marinas, boat rentals, docks, piers,
constructed using methods and
and wharves, if allowed by underly-
practices that minimize flood
ing zoning (FPSR)
damage.
f. Railroads, streets, bridges, utility
(5) All new construction and sub-
transmission lines, and pipelines, if
stantial improvements must be
allowed by underlying zoning (FPSR)
constructed with electrical, heat-
g. Sand and gravel extraction, if al- ing, ventilation, plumbing, and
lowed by underlying zoning (FPSR) air conditioning equipment and
other service facilities that are
h. All other uses allowed by the under- designed and/or located to pre-
lying zoning (FPSR) vent water from entering or ac-
2. Requirements for permitted and floodplain cumulating within the compo-
special review uses in the FF district: nents during conditions of
flooding.
a. The use of fill in the FF district must
be the minimum necessary to com- (6) All manufactured homes to be
ply with this section. When required placed or substantially improved
by this section, fill in the FF district within the floodplain on the
must be to a point not more nor less county's FIRM must be ele-
than 15 feet beyond the extremities vated on a permanent founda-
of any structure erected on such fill. tion such that:
No fill can be used in a manner that (a) The lowest floor of the
restricts the flow capacity of any manufactured home is at
tributary or other drainage way to or above the regulatory
the main stream. flood protection elevation;

LUC4:35
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4.2.2 LARIMER COUNTY LAND USE CODE

(b) They are securely anchored 2. Requirements for allowed uses and for
to an adequately anchored floodplain special review uses in the FH
foundation system; and district:
(c) They are installed using a. The use of fill in the FH flood hazard
methods and practices that zoning district must be the mini-
minimize flood damage. mum necessary to comply with this
Note: For purposes of this require- section. When required, fill in the
ment, manufactured homes must be FH flood hazard zoning district must
elevated and anchored to resist flo- be placed to a point not more nor less
tation, collapse, or lateral move- than 15 feet beyond the extremities
ment. Methods of anchoring may in- of any structure erected on such fill.
clude over-the-top or frame ties to
Note: Fill is not permitted in the FH
ground anchors. This requirement is
flood hazard zoning district except
in addition to other applicable state
when such fill, acting alone or in
and local anchoring requirements for
combination with existing or future
resisting wind forces.
floodplain uses, is shown to have no
3. Additional requirements for floodplain spe- detrimental effect upon the hydrau-
cial review uses in the FF district (see lic capacity of the floodplain. In the
subsection 4.2.2.G, floodplain special re- event fill is permitted, it must be
view). protected against erosion where ero-
sive velocities may occur by the use
F. FH-Flood hazard district. of appropriately designed rip rap,
bulk heading, or vegetative cover.
1. Principle uses:
b. Any structure placed in the FH flood
a. Agricultural uses, if allowed by un- hazard area must have its lowest
derlying zoning (R) floor level at or above the regulatory
b. Recreational uses, excluding public flood protection elevation based on
and commercial campgrounds and data obtained in accordance with
recreational vehicle parks, if allowed subsection 3 below or based on ap-
by underlying zoning (R) proximate hydraulic analysis. In no
event can the structure, together with
c. Residential accessory uses, if al- all associated fill, be placed in a
lowed by underlying zoning (R) manner that restricts the flow capac-
d. Single-family residences on an exist- ity by causing a rise in the flood
ing legal lot or parcel, if allowed by water surface elevation of any water-
underlying zoning (R) way as determined by hydraulic anal-
ysis.
e. Marinas, boat rentals, docks, piers,
and wharves, if allowed by underly- c. If any nonresidential structure or
ing zoning (FPSR) portions of any nonresidential struc-
ture are not constructed on fill, the
f. Railroads, streets, bridges, utility portion not on fill must be floodproofed
transmission lines, and pipelines, if in a manner consistent with require-
allowed by underlying zoning (FPSR) ments for placing a structure in the
g. Sand and gravel extraction, if al- FF flood fringe district to the regu-
lowed by underlying zoning (FPSR) latory flood protection elevation de-
termined by approximate methods
h. All other uses allowed by the under- or based on data obtained in accor-
lying zoning (FPSR) dance with subsection 3 below.

LUC4:36
 ZONING 4.2.2

d. All new construction and substan- points and manufactured homes

tial improvements must be con- less than 50 feet long to have
structed with materials and utility four additional ties per side. All
equipment resistant to flood dam- components of the anchoring
age. system must be capable of re-
sisting a force of 4,800 pounds.
e. All new construction and substan-
Any additions to the manufac-
tial improvements must be con-
tured home must be similarly
structed using methods and prac-
anchored.
tices that minimize flood damage.
i. All manufactured homes or those to
f. All new construction and substan- be substantially improved must meet
tial improvements must be con- the following requirements:
structed with electrical, heating, ven-
(1) The homes must be elevated on
tilation, plumbing, and air-
a permanent foundation so the
conditioning equipment and other
lowest floor of the home is ele-
service facilities that are designed
vated to or above the water
and/or located to prevent mater from
surface elevation of the base
entering or accumulating within the
flood determined based on ap-
components during flooding.
proximate methods or based on
g. All new construction and substan- data obtained in accordance with
tial improvements, including the subsection 3 below; and
placement of prefabricated buildings (2) The homes must be securely
and manufactured homes, must: anchored to an adequately an-
(1) Be designed (or modified) and chored foundation system to re-
adequately anchored to pre- sist flotation, collapse and lat-
vent flotation, collapse, or lat- eral movement. This includes
eral movement of the struc- manufactured homes placed or
ture; substantially improved on a site:
(2) Be constructed with materials (a) Outside of a manufactured
and utility equipment resistant home park or subdivision;
to flood damage; and (b) In a new manufactured
home park or subdivision;
(3) Be constructed by methods and
practices that eliminate flood (c) In an expansion to an ex-
damage. isting manufactured home
park or subdivision; or
h. All manufactured homes must be (d) In an existing manufac-
anchored to resist flotation, collapse tured home park or subdi-
or lateral movement by providing vision in which a manufac-
over-the-top and frame ties to ground tured home has incurred
anchors. Specific requirements in- "substantial damage" as
clude: the result of a flood.
(1) Over-the-top ties at each of the j. Manufactured homes to be placed or
four corners of homes less than substantially improved on sites in
50 feet long as well as one ad- existing manufactured home parks
ditional tie per side at interme- or subdivisions that are not subject
diate locations; to the provisions in subsection 3 be-
(2) Frame ties at each corner of the low must be elevated so:
home with five additional ties (1) The lowest floor of the manu-
per side at the intermediate factured home is at or above

Supp. No. 11 LUC4:37

4.2.2 LARIMER COUNTY LAND USE CODE

the water surface elevation of be the same as requirements, procedures

the base flood determined based and uses allowed within the FF Flood
on either approximate meth- Fringe and FW Floodway Zoning Districts
ods; or respectively, except as noted below.
(2) Based on data obtained in ac- 2. Any new structure excepting expansion of
cordance with subsection 3 be- existing non-conforming structures placed
low. in the Cache La Poudre River GMA 100-
k. For additional requirements for year Floodplain Zoning District shall have
floodplain special review uses in the its lowest floor level placed at or above the
FH district, see subsection 4.2.2.G GMA regulatory flood protection eleva-
(floodplain special review). tion.
Note: Building in a floodplain requires 3. If any nonresidential structure or por-
special review, and approval may require tions of any non-residential structure are
many conditions being met. not constructed on fill, the portion not on
fill must be floodproofed in a manner
3. Standards for determining base flood ele-
consistent with the requirements for plac-
vations in the FH flood hazard district:
ing a structure within the Cache La Poudre
a. The applicant must obtain, review, River GMA 100-year Floodplain Zoning
and reasonably use any base flood District to the GMA regulatory flood pro-
elevation and floodway data avail- tection elevation.
able from a federal, state, or local
source to determine the base flood 4. New critical facilities shall be prohibited
elevation and whether a building within the Cache La Poudre River GMA
site in a FH flood hazard zoning 100-year Floodplain Zoning District, re-
district is reasonably safe from flood- gardless of any Letter of Map Amendment
ing. based on fill that may have been issued by
the Federal Emergency Management
b. The applicant must supply documen- Agency relative to the 100 year floodplain.
tation prepared by a registered pro- Reconstruction, repair or enlargement of
fessional engineer demonstrating that existing public and private utility facili-
the improvements as designed will ties may be allowed as a floodplain special
not be subject to damage in the event review use upon a showing that the de-
of a 100-year flood and that fill asso- sign of the reconstruction, repair or en-
ciated with the proposed improve- largement is consistent with the need to
ments acting alone or in combina- maintain or restore normal services to
tion with existing or future floodplain flooded areas before, during and after a
uses will not cause a rise in the base regulatory flood.
floodwater surface elevations.
5. Modification of the terrain within the FW
c. The applicant must submit a hydrau- Floodway portion of the Cache La Poudre
lic analysis showing the boundaries River GMA 100-year Floodplain Zoning
of the floodway based on a 0.5 foot District may be allowed only by Flood
rise and that any fill placed on the Plain Special Review.
site is not placed within the bound-
aries of the floodway. H. The Cache La Poudre River GMA 500-year
Floodplain Zoning District. New critical facilities
G. Cache La Poudre River GMA 100-year
shall be prohibited within the Cache La Poudre
Floodplain Zoning District.
River GMA 500-year Floodplain Zoning District,
1. Requirements, procedures and uses al- regardless of any Letter of Map Amendment based
lowed within the Cache La Poudre GMA on fill that may have been issued by the Federal
100-year Floodplain Zoning District shall Emergency Management Agency relative to the

Supp. No. 11 LUC4:38

 ZONING 4.2.2

100 year floodplain. Reconstruction, repair or 2. Review criteria for floodplain special re-
enlargement of existing public and private utility view. To approve a floodplain special re-
facilities may be allowed as a floodplain special view, the county commissioners must find
review use upon a showing that the design of the the following conditions exist:
reconstruction, repair or enlargement is consis-
a. There is no danger to life and prop-
tent with the need to maintain or restore normal
erty due to increased flood heights or
services to flooded areas before, during and after
velocities caused by encroachments
a regulatory flood.
upstream or downstream within the
floodplain.
I. Floodplain special review.
b. No danger to life or property may
1. Application. reasonably be expected to result from
substantial solid debris being car-
a. All floodplain special review (FPSR)
ried down the stream by floodwa-
uses require application to the
ters.
floodplain review board. The board
will review the application and make c. There is no danger of materials be-
a recommendation to the county com- ing swept away onto other lands or
missioners. downstream to the injury of others
in the event of a flood.
b. The county commissioners will con-
duct hearings for floodplain special d. Proposed water supply and sanita-
reviews. Notice of the hearing must tion systems have been designed to
be published at least 14 days prior to prevent disease, contamination and
the date of the hearing in a newspa- unsanitary conditions in the event of
per of general circulation within the a flood.
county. The notice must designate e. The proposed use is consistent with
the time and place of hearing, loca- the flood management program for
tion of the proposed use and type of the area in question.
proposed use. Written notice of the
f. Access to the property is safe in
hearing may also be mailed to all
times of a 100-year flood.
land owners within 500 feet of the
location of the proposed use. Mailing g. The expected heights, velocity, dura-
of these notices is discretionary, and tion, rate of the rise and sediment
failure to mail or receive a notice transport of floodwater at the pro-
does not affect the validity of any posed location is consistent with the
proceedings before the county com- proposed use.
missioners. h. Any modification of the terrain within
c. At the conclusion of the hearing, the the FW-Floodway Zoning District will
commissioners may approve the spe- not result a rise in overall flood
cial review, approve the special re- heights at any location.
view with conditions, or deny the i. Any modification of the terrain within
special review after considering the the FW-Floodway Zoning District will
recommendation of the review board not reduce available flood storage
and factors detailed below under re- volume.
view criteria for floodplain special
review. j. Any modification of the terrain within
the FW-Floodway Zoning District is
d. The applicant must pay a fee for environmentally sound and will not
floodplain special review as estab- result in a net loss of vegetation nor
lished by the county commissioners. wildlife habitat

Supp. No. 11 LUC4:39

4.2.2 LARIMER COUNTY LAND USE CODE

k. Any modification of the terrain within tems must be located to avoid

the FW-Floodway Zoning District will impairment to them or contamina-
not result in reduced stability of the tion from them during flooding.
river channel or floodplain
e. Additional requirements as applica-
3. Conditions that may be imposed on ble from subsections D.3, E.3 and
floodplain special reviews. In approving a F.2.
floodplain special review, the floodplain
review board may recommend and the J. Floodplain review board.
county commissioners may impose the
1. The floodplain review board:
following conditions:
a. Modification of utility service facili- a. Is appointed by county commission-
ties, such as electrical, water, and ers.
sewer. b. Consists of five members.
b. Limitations on periods of use of op- c. Selects a chairperson annually.
eration and the imposition of opera-
tional controls. d. Must have a quorum of at least three
members.
c. Requirements for construction of
channel modifications, dikes, levees, 2. Powers of the floodplain review board:
and other protective measures.
a. To review and determine the exact
d. Imposition of floodproofing measures. location of a zoning district bound-
e. Other conditions that promote the ary in a FW, FF, and FH district as it
objectives of this section. relates to any specific piece of prop-
erty.
4. Additional requirements for floodplain spe-
cial review in the FW, FF, and FH dis- b. To review and make recommenda-
tricts: tions regarding floodplain special re-
view applications.
a. No structure, deposit, obstruction or
other use is allowed that, acting alone c. To grant variances from the terms
or in combination with existing or and conditions of the floodplain sec-
future uses, adversely affects the tions of this code.
flow capacity of a defined floodway. d. To grant variances to allow the ex-
b. Storage or processing of materials pansion of structures and uses that
that are in time of flooding buoyant, are nonconforming with respect to
flammable, explosive, or could be the requirements of the floodplain
injurious to human, plant or animal sections of this code.
life is prohibited. e. To review and make determinations
c. All new and replacement water sup- of interpretations of the floodplain
ply systems must be designed to sections of this code.
minimize or eliminate infiltration of
f. To determine whether alternate meth-
floodwaters into those systems.
ods of construction in the FW, FF
d. All new and replacement sanitary and FH districts are suitable or ad-
sewer systems must be designed to visable, provided that those alter-
minimize or eliminate infiltration of nate methods withstand flood dam-
floodwaters into the systems and dis- age and do not restrict the flow
charges from the systems into flood- capacity of the main channel or any
waters. On-site waste disposal sys- related drainage.

Supp. No. 11 LUC4:40

 ZONING 4.2.2

K. Variances. tion with the county engineering depart-

1. Variances will be granted only upon: ment on forms provided by the depart-
ment and pay any applicable fees.
a. A showing of good and sufficient
cause; 2. The application must indicate the nature
b. A determination that denying the of the review and determination being
variance would result in exceptional sought (i.e., zoning district boundary loca-
hardship to the applicant; tions, floodplain, special review, variance,
expansion of a nonconforming use or non-
c. A determination that granting the conforming structure, interpretation of
variance would not cause increased floodplain sections of this code or alter-
flood heights, additional threats to nate methods of construction).
public safety, extraordinary public
expense, create public nuisances, 3. A hearing before the floodplain review
cause fraud on or victimization of board must be scheduled within 60 days
the public, or conflict with existing of the submittal of a complete application.
local laws or ordinances; and The applicant will be notified in writing of
d. A determination that the variance is the date, time and place of the hearing.
the minimum necessary to afford 4. Notice of the hearing must be published
relief considering the flood hazard. at least 14 days prior to the hearing in a
2. Variances normally will be granted only newspaper of general circulation within
for new construction and substantial im- the county. The notice must designate the
provements to be constructed on a lot of date, time and place of the hearing, loca-
one-half acre or less that is contiguous to tion of the property that is subject of the
and surrounded by lots with existing struc- review, and the nature of the review and
tures constructed determination the applicant is applying
for. Written notice may be mailed to any
3. Variances will not be granted within any
surrounding property owners the county
part of the FW floodway district if any
engineer deems appropriate in the inter-
increase in flood levels during the base
est of fairness. However, mailing of these
flood discharge would result.
notices is discretionary, and failure to
4. Variances remain in effect for one year receive a notice does not affect the valid-
from the date granted unless the floodplain ity of the hearing before the floodplain
review beard specifies otherwise. After review board.
one year, the board may review and grant
an extension to the original variance as 5. At the conclusion of the hearing, the
long as there are no significant changes to floodplain review board will make its rec-
the proposed use of the lowest flood ele- ommendation or decision for approval,
vation of a proposed structure. approval with conditions, or denial of the
application. The floodplain review board
5. In its discretion, and depending on the will make its recommendation or decision
nature of the variance request, the based on the evidence and information
floodplain review board may require the presented and based on the applicable
applicant to be represented by a licensed criteria, standards and requirements in
professional engineer who can address this section.
technical matters.
L. Hearing procedure of the floodplain review M. Appeals from the floodplain review board.
board.
1. Decisions of the floodplain review board
1. To initiate review by the floodplain review may be appealed as provided in section 22
board, the applicant must file an applica- of this code.

Supp. No. 11 LUC4:41

4.2.2 LARIMER COUNTY LAND USE CODE

N. Building permits. grading, channel improvements,

storage of materials, water sup-
1. Applications or building permits.
ply, and sanitary facilities; and
a. Applications for building permits in
(6) A letter signed and stamped by
the FF, FW, and FH districts must
a registered professional engi-
include surveys, plot plans, draw-
neer certifying that he/she has
ings, plans and other materials as
reviewed all available informa-
necessary to show compliance of the
tion and conducted studies suf-
proposed construction with this sec-
ficient to demonstrate that, in
tion. Submittals may include the fol-
his/her opinion, the improve-
lowing as requested by the county
ments as designed will not be
engineer:
damaged in the event of a 100-
(1) Four sets of plans drawn to year flood or that fill associated
scale showing the nature, loca- with the proposed improvements
tion, dimensions, and elevation acting alone or in combination
of the lot, existing or proposed with existing or future floodplain
structures, fill storage of mate- uses will not cause a rise in
rials, floodproofing measures floodwater surface elevations.
and the relationships of these
to the location of the channel, 2. Floodproofing measures.
floodway and the flood-protec-
a. General. Floodproofing measures
tion elevation;
must be designed consistent with
(2) A typical valley cross section the regulatory flood protection eleva-
showing the stream channel, tion for the particular area, flood
elevation of land areas adjoin- velocities, duration, rate of rise, hy-
ing each side of the channel, drostatic and hydrodynamic forces,
cross sectional areas to be occu- and other factors associated with the
pied by the proposed develop- regulatory flood.
ment and high-water informa-
tion; The applicant must submit a plan or
document to the chief building offi-
(3) Plans (surface view) showing cial, certified by a registered profes-
elevations or contours of the sional engineer or architect, that the
ground; pertinent structure, fill, floodproofing measures are consis-
or storage elevations; size, loca- tent with regulatory flood protection
tion, and spatial arrangement elevation and associated flood fac-
of all proposed and existing tors for a particular area.
structures on the site; location
and elevations of streets, water The following floodproofing mea-
supply, sanitary facilities; pho- sures may be required or taken in
tographs showing existing land connection with specific construc-
uses and vegetation upstream tion. These measures must comply
and downstream, soil types, and with floodproofing regulations pub-
other pertinent information; lished by the U.S. Army Corps of
Engineers:
(4) A profile showing the slope of
the bottom of the channel or (1) Anchorage to resist flotation and
flow line of the stream; lateral movement.
(5) Specifications for building con- (2) Installation of watertight doors,
struction and materials, bulkheads, and shutters or sim-
floodproofing, filling, dredging, ilar methods of construction.

Supp. No. 11 LUC4:42

 ZONING 4.2.2

(3) Reinforcement of walls to resist b. Nonresidential construction. New con-

water pressures. struction and substantial improve-
(4) Use of paints, membranes or ment of any commercial, industrial
mortars to reduce water seep- or other nonresidential structure
age through walls. must either have the lowest floor
(including basement) elevated to the
(5) Addition of mass or weight to level of the flood protection elevation
structure to resist flotation. or, together with attendant utility
(6) Installation of pumps to lower and sanitary facilities, must:
water level in structures. (1) Be floodproofed so the below-
(7) Construction of water supply the-flood protection elevation of
and waste treatment systems the structure is watertight with
to prevent floodwater entry. walls substantially imperme-
(8) Installation of pumping facili- able to water passage;
ties or comparable practices for (2) Have structural components ca-
subsurface drainage systems for pable of resisting hydrostatic
buildings to relieve external and hydrodynamic loads and
foundation wall and basement effects of buoyancy; and
flood pressures.
(3) Be certified by a qualified reg-
(9) Construction to resist rupture istered professional engineer or
or collapse caused by water pres- qualified registered professional
sure of floating debris. architect that the design and
(10) Installation of valves or con- methods of construction meet
trols on sanitary and storm the provisions of subsections (1)
drains to prevent sewage and and (2) above.
stormwaters from entering into c. Openings in enclosures below the low-
buildings or structures. est floor. For all new construction
(11) Location of all electrical appli- and substantial improvements, fully-
ances in a manner that assures enclosed areas below the lowest floor
they are not subject to flooding. that are subject to flooding must be
designed to automatically equalize
(12) Construction of water, sewer and
hydrostatic flood forces on exterior
natural gas lines to resist rup-
walls by allowing for the entry and
ture or collapse caused by wa-
exit of floodwaters. Designs for meet-
ter pressure.
ing this requirement must either be
(13) Location of any structural stor- certified by a registered professional
age facilities for chemical explo- engineer or architect or must meet
sives, buoyant materials, flam- or exceed the following criteria:
mable liquids or other toxic
(1) A minimum of two openings
materials that could be hazard-
having a total net area of not
ous such that the facilities are
less than one square inch for
above the heights associated
every square foot of enclosed
with the regulatory flood pro-
area subject to flooding must be
tection elevation or are ade-
provided;
quately floodproofed to prevent
flotation of storage containers (2) The bottom of all openings must
from which toxic materials could be no higher than one foot above
escape into floodwater. grade; and

Supp. No. 11 LUC4:43

4.2.2 LARIMER COUNTY LAND USE CODE

(3) Openings equipped with screens, 500-year floodplain of the Cache La Poudre
louvers or other coverings or River. The geographical area of the Cache La
devices must permit the auto- Poudre River that has a 0.2 percent chance of
matic entry and exit of floodwa- flooding in a given year.
ters.
Flood or flooding. A general and temporary
condition of partial or complete inundation of
O. Definitions.
normally-dry land areas from:
Appeal. A request for a review of an adminis- 1. The overflow of inland or tidal waters;
trative decision pertaining to the floodplain sec- and/or
tions of this code.
2. The unusual and rapid accumulation or
runoff of surface waters from any source.
Base flood. A flood having a one percent chance
of being equaled or exceeded in any given year. Flood hazard area. The area delineated as
Zones A, Zone AH, Zone AO and Zones A1 to A30
Channel. A natural or artificial watercourse or in those detailed studies which do not have a
drainway of perceptible extent with definite bed regulatory floodway defined. Also including areas
and banks to confine and conduct continuously or determined to be subject to 100-year flood hazard
periodically flowing water. on adopted Larimer County drainage master plans.

Critical facility. Critical facilities shall include Flood insurance rate map (FIRM). The official
hospitals, nursing homes, group homes, residen- map on which the Federal Emergency Manage-
tial care facilities, congregate care facilities and ment Agency has delineated both areas of special
housing likely to contain occupants who may not flood hazards and risk-premium zones applicable
be sufficiently mobile to avoid death or injury to the community.
during a flood; schools; daycare facilities; ceme- Flood insurance study. The official report pro-
teries; police stations, fire stations, vehicle and vided by the Federal Emergency Management
equipment storage facilities and emergency oper- Agency that includes flood profiles, the Flood
ations centers that are needed for flood response Boundary-Floodway Map and the water surface
activities before, during and after a flood; and elevation of the base flood.
public and private utility facilities that are vital
to maintaining or restoring normal services to Floodproofing. A combination of structural pro-
flooded areas before, during and after a flood. visions, changes or adjustments to properties and
structures subject to flooding for the purpose of
Drainway. A natural or artificial land surface reducing and eliminating flood damage to proper-
depression with or without perceptibly defined ties, water and sanitation facilities, structures
beds and banks to which surface runoff gravitates and contents of buildings in a flood hazard area.
and collectively forms a flow of water continu-
ously or intermittently in a definite direction. Floodway. The channel of a river or other
watercourse and the adjacent land areas that
Existing manufactured home park or subdivi- must be reserved in order to discharge the base
sion. The preparation of additional sites by the flood without cumulatively increasing the water
construction of facilities for servicing lots on which surface elevation more than 0.5 foot.
manufactured homes are to be affixed (including Flood fringe. That portion of the floodplain
the installation of utilities, the construction of inundated by the 100-year return frequency flood
streets and either final site grading or the pour- not within the floodway.
ing of concrete pads.)
Floodplain. The land adjacent to a body of
Fill. A deposit of materials of any kind placed water that has been or may hereafter be covered
by, artificial means. by floodwater.

Supp. No. 11 LUC4:44

 ZONING 4.2.3

GMA regulatory flood protection elevation. The ture on a site, such as the pouring of slab or
elevation two feet above the regulatory flood footings, the installation of piles or foundations.
datum, regardless of any Letter of Map Amend- Permanent construction does not include:
ment based on fill that may have been issued by
the Federal Emergency Management Agency rel- 1. Land preparation, such as clearing, grad-
ative to the 100-year floodplain for the location in ing and filling;
question.
2. Installation of streets and/or walkways;
Lowest floor. The lowest floor of the lowest 3. Excavation for a basement, footings, piers
enclosed area (including basement). An unfin- or foundations or the erection of tempo-
ished or flood-resistant enclosure, usable solely rary forms;
for parking of vehicles, building access or storage,
in an area other than a basement area, is not 4. Installation on the property of accessory
considered a building's lowest floor, provided the buildings, such as garages or sheds not
enclosure is not built in a way that results in the occupied as dwelling units or not part of
structure violating the applicable nonelevation the main structure.
design requirements of this code. (Res. No. 04102007R009 Exh. A, 4-10-2007)

New construction. Structures for which "start 4.2.3. Fossil Creek Reservoir Area transfer-
of construction" commenced on or after the effec- able density units overlay zone.*
tive date of this code.
A. Declaration of legislative intent. This sec-
Obstruction. Any dam, wall, wharf, embank- tion is intended to enable property owners to
ment, levee, dike, pile abutment, projection, exca- develop receiving areas for residential uses at
vation, channel rectification, bridge structure or densities greater than would be allowed under
matter located in, along, across or projecting into existing zoning classifications by voluntarily ac-
any channel, watercourse or regulatory flood haz- quiring transferable density units (TDUs) from
ard area that may impede, retard or change the sending areas.
direction of water flow, either in itself or by
catching or collecting debris carried by such wa- This section is also intended to encourage prop-
ter, or that is located where the flow of water erty owners in sending areas to forego develop-
might carry debris downstream to the damage of ment of their such properties or to develop them
life and property elsewhere. at lower densities. The transfer of density units is
not automatic, and such transfers are only al-
Regulatory flood datum. The reference eleva- lowed between identified sending and receiving
tion above mean sea level that represents the areas and through voluntary participation by
peak elevation of the 100-year return-frequency property owners.
flood.
B. Declaration of legislative purposes.
Regulatory flood protection elevation. The ele-
vation one and one-half feet above the regulatory 1. To protect and promote the health, safety
flood datum. and general welfare of Larimer County
residents;
Start of construction. Includes substantial im-
provement and means the date the building per- 2. To guide future growth, development and
mit was issued, provided the actual start of con- distribution of population density and open
struction, repair, reconstruction, placement or space;
other improvement was within 180 days of the *Note—The county's Fossil Creek Reservoir Area TDU
permit date. The actual start means the first program allows developers to increase the density of their
placement for permanent construction of a struc- projects under certain conditions.

Supp. No. 11 LUC4:44.1

4.2.3 LARIMER COUNTY LAND USE CODE

3. To implement the goals and objectives of

the Larimer County Master Plan, the
Fossil Creek Reservoir Area Plan and
their subplans and component parts;
4. To promote the preservation and provi-
sion of agriculture, rural open space, sce-
nic vistas, natural features, recreation
lands and environmental resources;
5. To encourage higher density development
in the area included in the Fossil Creek
Reservoir Area Plan;
6. To protect lands from activities that would
cause immediate or foreseeable danger to
significant wildlife habitat or areas con-
taining significant natural vegetation;
7. To regulate the location of activities and
developments that may result in signifi-
cant changes in population density;

Supp. No. 11 LUC4:44.2

 ZONING 4.2.3

8. To provide for phased development of ser- County called the Fossil Creek transfer-
vices and facilities; able density unit (TDU) zone is hereby
established. The Fossil Creek TDU zone
9. To regulate land use on the basis of its
is an overlay zone to be applied together
impact on the community or surrounding
with the underlying zoning district and
areas;
the Fort Collins GMA district.
10. To otherwise plan for and regulate land
2. The Fossil Creek TDU zone is a desig-
use in a manner that promotes planned
nated receiving area and is depicted on
land use, protects the environment and is
the Fossil Creek Reservoir Area Plan and
consistent with Constitutional rights.
in the technical supplement to this code.
C. Authority and applicability.
3. There are two sub-areas within the Fossil
1. This section is authorized by the following Creek TDU zone called the estate residen-
sections of the Colorado Revised Statues tial area and the mixed use neighborhood
as they now exist or may be amended: area. These subareas are depicted on ex-
a. C.R.S. § 29-20-104; and hibit "A" (see technical supplement at-
tached to this code).
b. C.R.S. § 30-28-111.
F. Regulations for the Fossil Creek receiving
2. This section applies to lands within the
area.
Fossil Creek Reservoir Area Plan de-
scribed by map and legal description in 1. Residential development within the Fos-
the technical supplement to this code. sil Creek TDU zone must comply with
this section and the Fossil Creek Reser-
D. Definitions. voir Area Plan.
Receiving area. Areas designated by descrip- 2. To develop a parcel in the Fossil Creek
tion or on a zoning map to which TDUs may be TDU zone at a residential density greater
transferred. than that allowed by the underlying zon-
Receiving parcel. An individual parcel, or group ing classification, the owner must trans-
of parcels administered as a single parcel, that fer, in accordance with this section, TDUs
has a site-specific plan and a specific number of from counterpart sending area(s).
dwelling units determined for acquisition. 3. For each single TDU transferred to a
Sending area. Areas designated by description receiving parcel, 1.5 dwelling units are
or on a zoning map from which TDUs may be allowed.
transferred. 4. TDUs may be purchased from any send-
Sending parcel. An individual parcel, or group ing parcel or combination of parcels within
of parcels administered as a single parcel, that the counterpart sending area.
has completed the process for having TDUs as- 5. An owner or agent of a party with a legal
signed to it. interest in a receiving parcel wishing to
participate in the TDU program must
Transferrable density unit (TDU). A unit of
contact the county planning department
density, measured as one dwelling unit, that has
to obtain an evaluation of the property
been established and assigned to a sending par-
and an estimate of the maximum number
cel.
of dwelling units that may be built on the
E. Receiving area designation and establish- property.
ment of the Fossil Creek Reservoir Area TDU
6. The owner may submit a development
Zone.
plan within the range of the number of
1. In order to carry out this section, a zoning dwelling units allowed by the adopted
district classification within Larimer area plan for the site. The actual number

Supp. No. 10 LUC4:45

4.2.3 LARIMER COUNTY LAND USE CODE

of dwelling units (hence the number of Minimum lot sizes may be waived by
TDUs needed to be transferred) is ulti- the county commissioners to allow
mately established by the county commis- the required density to be achieved.
sioners through the development review The remaining undeveloped area on
process and approval of a site specific the site must be designated as a
preliminary plat. No final plat will be future development area. Develop-
approved until the required number of ment of the future development area
TDUs are transferred and assigned to the may only occur through the pur-
receiving parcel. chase of TDUs.
7. Any party acquiring TDUs must commit c. Development must meet all applica-
the use of the TDUs to a specific parcel ble standards specified in the devel-
(receiving parcel) and sign all documents opment standards for the Fossil Creek
required by the TDU administrator so Reservoir Area in the GMA district.
accurate TDU transfer records may be d. Land divisions must occur as planned
kept. No TDU transaction will be recog- land divisions and all rezonings re-
nized until the documentation is com- quire rezoning to PD planned devel-
plete. opment district.
8. Owners of receiving parcels must develop 10. Dwelling units in the receiving area that
the entire parcel by purchase of TDUs. An meet the county's definition of "affordable
owner may, however, phase development housing" are exempt from the TDU trans-
and purchase only the number of TDUs fer requirement.
necessary to develop a particular phase.
G. Voluntary fee-in-lieu-of-TDU transfer.
Each phase must be developed consistent
with the overall density and development 1. Any owner of a receiving parcel who is
standards for the Fossil Creek TDU zone. otherwise required to obtain TDUs under
this section may voluntarily elect to pay a
9. Properties located within the Fossil Creek
fee-in-lieu of transferring TDUs if all the
TDU zone may be considered for land
following conditions exist:
division and development for residential
use without participation in the TDU pro- a. The receiving parcel is 25 acres or
gram in accordance with the following less; or, in the alternative, the num-
terms and conditions: ber of TDUs needed for transfer is
ten or less; and
a. The maximum number of dwelling
units that may be developed will be b. The owner of the receiving parcel
based on the underlying zoning and has demonstrated a good-faith effort
will be calculated as follows: total to obtain TDUs for transfer and has
acres of the subject parcel minus been unable to do so; and
areas within a 100-year-floodway or c. The owner and the county commis-
covered by a body of water, multi- sioners agree on a reasonable fee-in-
plied by 0.5. lieu of a TDU transfer.
b. Dwelling units must be clustered on 2. The fee-in-lieu amount is based on the
the site so the cluster meets the value paid by the county or other public
density requirements for properties entities for the purchase of conservation
located in the estate residential area easements or similar open-space cove-
or the density requirements for prop- nants involving less than a fee interest in
erties located in a mixed-use neigh- the sending area. The fee is calculated by
borhood area as defined in the devel- determining a per-acre price for the sim-
opment standards for the Fossil Creek ilar open-space interest, multiplied by 2,
Reservoir Area in the GMA district.

Supp. No. 10 LUC4:46

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ZONING 4.2.3

multiplied by 75 percent and again mul- rights for the sending parcel owner. The
tiplied by the number of TDUs for which county retains the right to alter, amend or
the fee-in-lieu is paid. eliminate the TDU program at any time,
3. Fees under this section must only be used except that any TDUs purchased under
to acquire open-space interests in the send- this section are vested in the receiving
ing area. parcel. Any sale of the TDUs is condi-
tioned on the owner and the county com-
H. Development standards. missioners agreeing to a future use cove-
1. All development in the Fossil Creek TDU nant for the sending property.
zone must meet standards for the Fort 5. Eligibility for participation as a sending
Collins GMA district and standards for parcel and determination of the number
the Fossil Creek Reservoir Area contained of eligible TDUs is a discretionary and
in the supplementary regulations in sub- administrative procedure carried out by
section 8.9.2.A.1. the TDU administrator and the county
2. Development in the estate residential area commissioners. The TDU administrator
of the Fossil Creek TDU zone must also may seek the advice of the Larimer County
comply with standards of the estate resi- Open Lands Board prior to making a
dential area regulations for the Fossil determination. The basic allowable TDUs
Creek Reservoir Area contained in subsec- are 114.5 percent of the density allowed
tion 8.9.2.A.1. by the existing zoning classification. The
basic allowable amount may be increased,
3. Development in the mixed-use neighbor- decreased or a property may be found
hood area of the Fossil Creek TDU zone ineligible based on the presence of condi-
must also comply with standards of the tions stated below:
mixed-use neighborhood area regulations
for the Fossil Creek Reservoir Area con- a. Conditions that may increase the
tained in the subsection 8.9.2.A.1. number of TDUs per acre:
(1) Lands with significant natural
I. Sending area designation. resource, scenic or wildlife hab-
1. Sending areas are shown by map and itat values.
legal description in the technical supple- (2) Lands that are buffers main-
ment to this code. Sending areas are not taining community identity or
overlay zones and do not affect any devel- buffers for important commu-
opment potential under existing county nity infrastructure or land uses.
regulations.
(3) Lands that are to be used for
2. Sending area property owner participa- regional trails and/or wildlife
tion in the TDU program is voluntary. migration routes.
3. Sending area property owners wishing to (4) Lands that will be preserved
participate in the TDU program must for agricultural purposes.
contact the TDU administrator. The TDU (5) Lands that provide outdoor rec-
administrator will review the property in reation, environmental educa-
detail and determine the number of TDUs tion or nature observation op-
available for transfer. A sending parcel portunities near population
must include the entire to tract or parcel centers, including areas that
owned by the applicant. expand or provide buffers to
4. Designation of sending areas or the deter- existing open-space or park
mination of the number of available TDUs lands.
assigned to a sending parcel does not (6) Lands with other important val-
create any property rights or other vested ues, such as scenic and historic

LUC4:47
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4.2.3 LARIMER COUNTY LAND USE CODE

sites that contribute to Larimer cate is revoked by the county by written

County's natural and cultural notice provided prior to the expiration of
heritage. any annual time period. The use covenant
(7) Lands containing vistas of com- may include various means to carry out
munity importance. its intent including the conveyance of a
conservation easement.
(8) Intensity of allowed underlying
development potential that will 2. After assigning the TDUs to a sending
be relinquished. parcel and the issuance of a certificate,
(9) Areas zoned other than residen- the property owner may offer the TDUs
tial. for sale.

b. Conditions that may decrease the 3. The owner of a sending parcel may sell all
number of TDUs per acre: or a portion of the TDUs. Upon sale, the
TDUs will be assigned to a specific receiv-
(1) Parcel size of 40 acres or less.
ing parcel.
(2) Diminished development poten-
tial after considering the phys- 4. Simultaneously with the sale of all or a
ical conditions of the site, ac- portion of the TDUs, the owner of the
cess, public water and public sending parcel must:
sewer. a. Sign a use covenant with the county
(3) Location of the property rela- that describes the future use and/or
tive to already-developed par- development of the sending parcel.
cels. The use covenant must describe the
sending parcel by legal description
(4) Existing uses and existing de-
and be recorded in the public records
velopment on the subject prop-
of Larimer County. The covenant
erty.
must run with the land and controls
(5) History of approved land divi- all future use and/or development of
sions, including exemptions, the sending parcel. The use cove-
subdivision or minor residen- nant must prohibit unregulated 35-
tial developments. acre development. The use covenant
6. Upon final determination of the number may include various means to carry
of TDUs eligible for transfer, the partici- out its intent including the convey-
pating property owner will receive a cer- ance of a conservation easement.
tificate stating the number and a draft of b. The terms and conditions of the use
the use covenant. The certificated number covenant must be negotiated and
will be recorded in the TDU administrator's agreed upon by the sending parcel
office. owner and the TDU administrator.
7. The number of allowable TDUs may be Any use allowed through the cove-
revised by the county commissioners on nant must be a use-by-right in the
request of the affected property owner. existing zoning for the sending par-
cel. If the owner and administrator
J. Regulations applicable to sending parcels. cannot agree, the parcel owner and
1. Determination of the number of TDUs to the county commissioners may nego-
be transferred from a sending parcel will tiate. If the commissioners and the
be evidenced by a certificate that remains owner cannot reach an agreement,
in effect for two years. The certificate will the TDU transfer will not occur.
automatically renew for additional one- c. The use covenant must be signed by
year periods, unless a sale of all or a sending parcel owners, lenders and
portion of the TDUs occurs or the certifi- lien holders who have an interest in

LUC4:48
 ZONING 4.2.3

the sending parcel, the county com- 3) Review criteria. To approve a

missioners and any other party with TDU exemption plat the county
an interest in the use covenant. commissioners must find the
d. The use covenant cannot be changed following conditions exist:
without approval by the county com- a) The proposed TDU exemp-
missioners using whatever process, tion plat is compatible with
including a public hearing, that the existing and allowed uses
commissioners deem appropriate un- in the surrounding area;
der the circumstances. A decision b) The newly created parcels
whether to allow a change in a use meet the minimum lot size
covenant is an administrative action required by the applicable
by the commissioners and not a quasi zoning district;
judicial action.
c) The newly created parcels
e. If the owner transfers additional meet the minimum access
TDUs after the first sale, a new use standards required by the
covenant must be signed. county engineer or the Col-
5. Where a sending parcel owner retains the orado Department of
right to develop part of her/his property Transportation, as appli-
by subdivision into lots pursuant to a use cable;
covenant signed before the sale of any d) The proposed TDU exemp-
TDU's, the division may be made in one of tion plat will comply with
the following ways. section 8.1 of this code con-
cerning adequate public fa-
a. Where the total number of lots is
cilities with regard to
equal to or less than the total acre-
roads, water, sewer, fire
age of the property divided by 35
protection and drainage;
(rounded down to the nearest whole
number) plus one, or six, whichever e) The proposed TDU exemp-
is less, the owner may use the follow- tion plat will not adversely
ing process. This process will be con- affect special places of
sidered a subdivision exemption pro- Larimer County; and
cess under C.R.S. § 30-28-101(10)(d) f) Applicable transportation
and will be referred to as the TDU capital expansion fees,
exemption process of TDU exemp- park fees in-lieu of dedica-
tion plat. tion, school fees and drain-
1) Application materials and re- age fees will be paid at
quirements. The owner must building permit issuance.
comply with section 12.1 of this 4) Development agreement. The
code concerning application ma- proposed TDU exemption plat
terials and requirements. must include a development
2) Process. All applications for TDU agreement which specifies the
exemption plats require a pre- details of the project and as-
application conference, concept sures completion and mainte-
or sketch plan review and pub- nance of improvements required
lic hearing before the county to serve the project. A property
commissioners. Each of these owners' association and protec-
processes is described in sub- tive covenants may be required
section 12.2, development re- if determined to be necessary
view procedures. by the planning director.

Supp. No. 10 LUC4:49

4.2.3 LARIMER COUNTY LAND USE CODE

b. Where the total number of lots ex- b. Keep a written inventory of all TDUs
ceeds the number allowed for the assigned to sending parcels. The in-
TDU exemption process, the land ventory must specify the legal de-
division process appropriate to the scription of the sending parcel and
location, size and proposed density the number of TDUs assigned.
will apply. If the rural land use pro-
cess is used, no bonus units will be c. Keep a written inventory of the num-
allowed. ber of TDUs eligible to be assigned to
the Fossil Creek Receiving Area with
6. A sending parcel owner may withdraw a subtotal for TDUs actually trans-
from the TDU program and proceed to ferred.
develop his/her property so long as he/she
has not sold any TDUs. Except as pro- d. Keep a written inventory of all TDUs
vided in subsection 4.2.3.J.5, any change assigned to a specific receiving par-
in use or application for a public hearing cel upon the owner of that parcel
for special review, special exception or voluntarily participating in the pro-
land division for a sending parcel will be gram. The inventory must specify
considered a voluntary withdrawal from the legal description of the receiving
the TDU program and all sending parcel parcel and the number of TDUs as-
designations will immediately become void. signed.
A sending parcel owner may elect to sign e. Keep a record of TDU sale prices.
a use covenant for his/her property prior
to the sale of any TDUs. The owner as- f. Coordinate with TDU buyers and
sumes the risk of nonsale of the TDUs sellers and provide necessary admin-
that are awarded to the owner in consid- istrative assistance necessary to com-
eration of the use covenant. plete the transactions.

K. Administration of TDU program 4. The TDU administrator is prohibited from

acting as a TDU broker. The TDU admin-
1. Prior to sale, TDUs are appurtenant to istrator is prohibited from, in any man-
the sending parcel. Upon the sale of, or ner, participating in the negotiations to
other commitment of specific TDUs to an establish a TDU sale price.
approved development of a receiving par-
cel, such TDUs become appurtenant to 5. All records of the TDU administrator are
the receiving parcel and may not be re- open for public inspection and copying.
voked by the county without agreement of Copying fees are set by the county com-
the receiving parcel owner. TDUs are only missioners.
transferable upon sale or transfer of the
property to which they are attached. 6. Fees for participating in the TDU pro-
gram will be specified by county commis-
2. The county commissioners will designate sioner resolution.
a department/staff person (TDU adminis-
trator) to administer the TDU program. L. Miscellaneous.
3. The TDU administrator performs those
1. No severability. It is the intent of the
duties assigned to it by the commission-
county commissioners that this section be
ers. In addition, the TDU administrator
construed in its entirety and that each
will:
subsection is related to the section as a
a. Determine the number of TDUs to whole. If any provisions of this section are
be assigned to a sending parcel un- declared invalid, then the entire section is
der guidelines in this section. invalid.

Supp. No. 10 LUC4:50

 ZONING 4.3.1

2. Supremacy clause. This section takes pre- dards, if any, as may be needed to imple-
cedence over any conflicting requirement ment the jointly adopted plan for the
in this code. cooperative planning area.
(Res. No. 09122006R002, Exh. A, 9-12-2006)
C. Requirements.
4.2.4. Cooperative planning area overlay zone 1. Within the CPA district, rezonings, spe-
district. cial reviews, subdivisions and conserva-
A. Purpose. The cooperative planning area over- tion developments, and any additional
lay zone district (CPA district) is established to land development applications as may be
protect the health, safety and welfare of all county specified in the supplementary regula-
residents by providing land use regulations and tions to the CPA district, must be devel-
standards that are consistent with and imple- oped in accordance with this section and
ment a jointly adopted plan for any cooperative the county's and municipality's jointly
planning area established by intergovernmental adopted plan for the CPA. However, for a
agreement between the county and a municipal- given parcel, if the underlying county
ity. zoning [is] in existence prior to the appli-
cation of the CPA district, the county shall
B. Applicability. honor the underlying county zoning with
1. The decision to have cooperative planning respect to use and density in its develop-
areas will be as set forth in intergovern- ment approval decisions. The provisions
mental agreements between a municipal- of the CPA district and supplemental reg-
ity and Larimer County which will be ulations may be applied to development
implemented by the application of the applications not listed above as conditions
CPA district to the cooperative planning of approval if the county finds the effect
area described in the intergovernmental on public health, safety and welfare so
agreement. warrants.
2. The provisions of the CPA district apply to 2. The CPA district is an overlay zone. Within
all rezonings, special reviews, subdivi- the CPA district the county land use code
sions, conservation developments and any and the underlying zoning district apply
additional land development applications unless modified by the supplementary reg-
as may be specified in the supplementary ulations to the CPA district, in which case
regulations to the CPA district. There the more stringent applies.
may be numerous CPA districts, each with
its own unique set of supplemental regu- 3. Prior to establishing any improvement
lations. district within the CPA overlay zone, the
county must solicit a recommendation from
3. It is intended that each application of this the applicable municipality.
generic CPA district will be accompanied
by supplemental regulations to the CPA
district which are contained in the tech- 4.3. USE DESCRIPTIONS AND
nical supplement to this code. Each set of CONDITIONS
these supplemental regulations will apply
to specific geographic cooperative plan- 4.3.1. Agricultural uses.
ning areas. These supplemental regula-
tions are intended to implement the jointly A. Farm. Any parcel of land containing at least
adopted plan for the CPA. The supplemen- three acres used primarily for the commercial,
tal regulations are intended to specifically soil-dependent cultivation of an agricultural crop,
set forth requirements pertaining to the the facilities and storage necessary for the man-
type, location and intensity of land use agement of a commercial custom farming opera-
allowed, and additional development stan- tion or the hauling of farm products, the raising of

Supp. No. 12 LUC4:51

4.3.1 LARIMER COUNTY LAND USE CODE

fish, bees, plants or animals or the raising of of feedyard and where less than 50 percent of the
livestock. This does not include feedyards, poultry roughage type feed is raised on the same farm
farms, exotic animal farms or fur farms. premises.

B. Sod farm or nursery. Any parcel of land 1. A nonconforming feedyard may include a
containing at least three acres used to raise lawn farmstead as described in subsection 4.3.10
grasses, trees, flowers, shrubs and other plants (accessory uses).
for sale or transplanting where retail sales are
limited to items produced on the site. 2. Feedyards established after the effective
date of this code require approval through
1. A single-family dwelling occupied by the the special review process. Accessory dwell-
owner of the sod farm, tree farm or nurs- ings must be included or the site plan
ery is allowed as an accessory building. submitted with the special review appli-
cation.
C. Tree farm. Any parcel of land used to raise
and harvest trees for wood products such as G. Boarding stable. A facility for the care and
lumber, posts and poles, fuel wood and Christmas feeding of more than four horses for a fee.
trees where forest products are sold on-site or
transported to market and such parcel is included H. Livestock auction. A permanent facility where
in a forest management plan approved by the livestock are offered for sale to people who bid on
Colorado State Forest Service or other state cer- animals.
tified forestry consultant. Clearcutting of more
than 40 acres on a parcel in any 12-month period I. Apiary. An assembly of one or more colonies
requires approval through the special review pro- of bees at a single location. An apiary must meet
cess unless such clearcutting is specifically in the following standards:
conformance with the forest management plan
approved by the Colorado State Forest Service or 1. Hives. All bee colonies shall be kept in
other state certified forestry consultant for the Langstroth type hives with removable
parcel being clearcut. frames, which shall be kept in sound and
usable condition.
D. Garden supply center. A facility for the sale
of garden tools, equipment and supplies operated 2. Fencing of flyways. In each instance in
in conjunction with a nursery and/or tree farm which any colony is situated within 25
and that includes the sale of plant materials. feet of a public or private property line of
the lot upon which the apiary is situated,
E. Commercial poultry farm. A facility for rais- as measured from the nearest point on
ing or keeping any type of fowl for the sale of the the hive to the property line, the bee-
birds or their byproducts. keeper must establish and maintain a
1. A nonconforming poultry farm may in- flyway barrier at least six feet in height
clude a farmstead as described in subsec- consisting of a solid wall, fence, dense
tion 4.3.10 (accessory uses). vegetation or combination thereof that is
parallel to the property line and extends
2. New poultry farms established after the ten feet beyond the colony in each direc-
effective date of this Code require ap- tion so that all bees are forced to fly at an
proval through the special review process. elevation of at least six feet above ground
Accessory dwellings must be included on level over the property lines in the vicin-
the site plan submitted with the special ity of the apiary.
review application.
3. Water. Each beekeeper must ensure that
F. Feedyard. A confined enclosure for the feed- a convenient source of water is available
ing and fattening of livestock where the average at all times to the bees so that the bees
number of livestock exceeds ten animals per acre will not congregate at swimming pools,

Supp. No. 12 LUC4:52

 ZONING 4.3.1

bibcocks, pet water bowls, birdbaths or hive structure not exceeding one stan-
other water sources where they may cause dard nine and five-eighths inch depth
human, bird or domestic pet contact. ten frame hive body with no honey
super(s) attached as required from
4. General maintenance. Each beekeeper
time to time for management of
must ensure that no bee comb or other
swarms. Each such nucleus colony
materials that might encourage robbing
must be disposed of or combined
are left upon the grounds of the apiary
with an authorized colony within 30
site. Upon their removal from the hive, all
days after the date it is acquired.
such materials must be promptly dis-
posed of in a sealed container or placed J. Fur farm. A facility where fur bearing ani-
within a building or other bee-proof enclo- mals are kept, raised and/or bred.
sure.
1. A single-family dwelling occupied by the
5. Queens. In any instance in which a colony owner or operator of the fur farm is al-
exhibits unusually aggressive character- lowed as an accessory building.
istics by stinging or attempting to sting
without due provocation or exhibits an K. Agricultural labor housing. A facility for
unusual disposition towards swarming, it the dormitory style housing of agricultural work-
shall be the duty of the beekeeper to ers on a seasonal basis.
requeen the colony. Queens must be se- L. Greenhouse. A facility where plants are raised
lected from stock bred for gentleness and inside a permanent structure constructed of rigid
nonswarming characteristics. materials for sale or transplanting.
6. Colony densities. 1. A single-family dwelling occupied by the
a. No more than the following number owner or operator of the greenhouse is
of colonies may be kept on any lot, allowed as an accessory building.
based upon the size or configuration M. Packing facility. A facility where locally-
of the lot on which the apiary is raised farm products are to be prepared for ship-
situated: ping, excluding meat packing and canning opera-
1. One-quarter acre or less lot size tions.
- two colonies;
N. Livestock veterinary clinic/hospital. A facil-
2. More than one-quarter acre to ity for the diagnosis, treatment and/or hospital-
one-half acre lot size - four col- ization of livestock.
onies;
1. Minor special review is required for any
3. More than one-half acre to one
livestock veterinary clinic/hospital:
acre lot size - six colonies;
a. With a facility of up to 2,500 square
4. More than one acre or larger lot
feet gross floor area (all indoor), ex-
size - eight colonies; and
cept in the B-Business, C-Commer-
5. Regardless of lot size, where all cial or I-Industrial zoning districts
hives are situated at least 200 where such a livestock veterinary
feet in any direction from all clinic/hospital is a use by right: and/or
property lines of the lot on which
b. That has an outdoor animal use area
the apiary is situated, there
of up to 1,000 square feet.
shall be no limit to the number
of colonies. 2. Special review approval is required for
b. For each two colonies authorized un- any livestock veterinary clinic/hospital:
der colony densities, subsection (a) a. With a facility of 2,501 square feet or
above, there may be maintained upon more gross floor area (all indoor),
the same lot one nucleus colony in a except in the B-Business, C-Commer-

Supp. No. 13 LUC4:53

4.3.1 LARIMER COUNTY LAND USE CODE

cial and I-Industrial zoning districts where such a pet animal veterinary
where a livestock veterinary clinic/ clinic/hospital is a use by right; and/or
hospital is a use by right; and/or
b. That has up to 200 square feet of
b. That has an outdoor animal use area outdoor animal use area
of 1,001 square feet or more.
2. Special review approval is required for
O. Pet animal facility. Any place or premise any pet animal veterinary clinic/hospital:
used in whole or in part, which part is used for the
keeping of pet animals for the purpose of adop- a. With a facility of 2,501 square feet or
tion, breeding, boarding, day care, training, groom- more gross floor area (all indoor),
ing, handling, selling, sheltering, trading or oth- except in the B-Business, C-Commer-
erwise transferring such animals. Pet animal cial or I-Industrial zoning districts
facility also includes any individual animals kept where such a pet animal veterinary
by such a facility as breeding stock. Pet animal clinic/hospital is a use by right; and/or
facility does not mean a common carrier engaged b.That has an outdoor animal use area
in intrastate or interstate commerce. Two or more of 201 square feet or more.
pet animal facilities that have the same or similar (Res. No. 06172003R009, 6-17-2003; Res. No.
purpose and operate from one place or premise 03302004R001, § 1(Exh. A), 3-15-2004; Res. No.
are considered a single pet animal facility. 04102007R018 Exh. A, 4-10-2007; Res. No.
1. Minor special review is required for any 04012008R002, Exh. A, 4-1-2008; Res. No.
pet animal facility with up to 2,500 square 10282008R005, Exh. A, 10-28-2008; Res. No.
feet gross floor area or less (all indoor) 02172009R010, Exh. A, 2-17-2009)
and no outdoor animal use area, except in
the B-Business, C-Commercial and I-In- 4.3.2. Residential uses.
dustrial zoning districts where a pet ani-
mal facility is a use by right. A. Single-family dwelling. A structure de-
signed, arranged or intended to be occupied by
2. Special review is required for any pet one living unit, containing a primary heat source
animal facility: and living facilities for sleeping, cooking, eating
a. With 2,501 square feet or more gross and sanitation. A dwelling may be leased or
floor area (all indoor), except in the rented for any time period.
B-Business, C-Commercial and I-In-
dustrial zoning districts where a pet B. Duplex dwelling. A structure designed, ar-
animal facility is a use by right; ranged or intended to be occupied by two separate
and/or occupants or living units, containing a primary
heat source and living facilities for sleeping, cook-
b. That has any outdoor animal use ing, eating and sanitation. A dwelling may be
area. leased or rented for any time period.
P. Pet animal veterinary clinic/hospital. A fa- C. Multiple-family dwelling. A structure de-
cility for the diagnosis, treatment and/or hospital- signed, arranged or intended to be occupied by
ization of pet animals. three or more separate occupants or living units,
1. Minor special review is required for any containing a primary heat source and living facil-
pet animal veterinary clinic/hospital: ities for sleeping, cooking, eating and sanitation.

a. With up to 2,500 square feet gross D. Manufactured housing park. A parcel of

floor area or less (all indoor), except land, under single ownership, that has been
in the B-Business RFLB - Red planned and improved for the placement of man-
Feather Lakes Business, C-Commer- ufactured housing for single-family dwelling pur-
cial and I-Industrial zoning districts poses.

Supp. No. 13 LUC4:54

 ZONING 4.3.2

E. Group home for the developmentally dis- arranged and intended to be occupied by one
abled. A single-family dwelling occupied by two to occupant or living unit. A dwelling may be leased
eight people who are developmentally disabled. or rented for any time period.
1. A group home must be licensed by the 1. A cabin that includes a primary heat
State of Colorado prior to occupancy. source will be considered to be a single-
family dwelling.
2. No more than eight developmentally dis-
abled persons can be housed in such a 2. Cabins are permitted in the applicable
group home not including staff. zoning districts (See subsection 4.1) only
in the west half of Range 70, in Ranges
3. Developmentally disabled means people 71-78 and in Townships 11 and 12, Ranges
having cerebral palsy, multiple sclerosis, 68-78.
mental retardation, autism or epilepsy.
I. Storage buildings and garages on vacant
4. Anyone proposing to occupy a single- lots. Prior to the construction of a single family
family dwelling as a group home for the dwelling each lot may include a storage building
developmentally disabled must demon- or garage for the purpose of storing personal
strate by competent evidence that there property of the lot owner. All storage must be
are no other such group homes within 750 inside the storage building or garage. No residen-
feet of the proposed facility. tial, business or commercial activities are permit-
ted in these buildings unless approved by the
F. Group home for the aged. A single-family County Commissioners through the special excep-
dwelling occupied by two to eight people who are tion, special review or minor special review pro-
60 or older. cesses. On lots of less than two acres (net area)
these buildings may not exceed 800 square feet.
1. A group home for the aged must be li-
On lots of two to five acres (net area) these
censed by the State of Colorado prior to
buildings may not exceed 2,400 square feet. On
occupancy.
lots over five acres (net area) there is no limit to
2. No more than eight people can occupy a the size of these buildings. In no event shall the
group home for the aged not including total square footage of detached storage buildings
staff. and garages exceed ten percent of the net area of
any lot. Only those buildings that are designed,
3. Anyone proposing to occupy a single- constructed and approved by the Larimer County
family dwelling as a group home for the Building Department as storage buildings or ga-
aged must demonstrate by competent ev- rages may be used for this purpose. Manufactured
idence that there are no other such group homes, including pre-1974 mobile homes, cannot
homes within 750 feet of the proposed be used as storage buildings or garages.
facility.
J. Group home for the mentally ill A single-
G. Group home. A single-family dwelling li- family dwelling occupied by two to eight people
censed by the state to be occupied as a group who are mentally ill as defined in Colorado Re-
home for no more than eight children. vised Statute 30-28-115.
1. Anyone proposing to occupy a single- 1. A group home for the mentally ill must be
family dwelling as a group home must licensed by the State of Colorado prior to
demonstrate by competent evidence that occupancy.
there are no other such group homes 2. Not more than eight people can occupy a
within 750 feet of the proposed facility. group home for the mentally ill not includ-
ing staff.
H. Dwelling, cabin. A structure that contains
at least one habitable room for living, sleeping, 3. Anyone proposing to occupy a single fam-
eating, cooking and sanitation that is designed, ily dwelling as a group home for the

Supp. No. 13 LUC4:54.1

4.3.2 LARIMER COUNTY LAND USE CODE

mentally ill must demonstrate by compe- ies, hardware, hobby items, office supplies, pack-
tent evidence that there are no other such age liquor, paint, pets, shoes, sporting goods,
group homes within 750 feet of the pro- appliances and repairs, copies and toys.
posed facility. 1. A general retail facility containing more
than 25,000 square feet requires special
4. No person shall be placed in a group home
review.
for the mentally ill unless they qualify
pursuant to Colorado Revised Statute 30- 2. A general retail facility may include a
28-115. drive-up window.
(Res. No. 04292003R005, 4-29-2003; Res. No. F. General commercial. A facility for the con-
05022006R001, Exh. A, 5-2-2006; Res. No. duct of any commercial activity that is not of an
09262006R024, Exh. A, Item 1, 9-26-2006; Res. assembly, manufacturing or industrial nature.
No. 01292008R003 Exh. A, 1-29-2008)
G. Personal service. A facility primarily en-
gaged in providing services involving the care of a
4.3.3. Commercial uses. person and his/her apparel, appearance or per-
sonal goods.
A. Convenience store. Any retail establishment
selling consumer products, including primarily 1. Reserved.
prepackaged food and household items, and hav- 2. A photography studio cannot include any
ing a gross floor area of less than 5,000 square adult use as defined in subsection L be-
feet. Such a store may include retail sale of low.
gasoline and other petroleum products. 3. A laundry includes a laundromat or per-
sonal scale laundry service.
1. A single-bay carwash is allowed as an
accessory use.

B. Automobile service station. A facility for the

retail sale of motor fuels and other petroleum
products and/or light maintenance and service of
automobiles and light trucks, including the instal-
lation of lubricants, tires, batteries and similar
accessory items.

1. A single-bay carwash is allowed as an

accessory use.

C. Carwash. A facility for full service, self-

service or automatic car and light truck washing.

D. Professional office. A place used primarily

to conduct the affairs of a business, profession,
service, industry, government or other similar
activity and where the indoor storage and sale of
merchandise is secondary to the conduct of the
business or profession.

E. General retail. A facility for the retail sale of

merchandise including, but not limited to, an-
tiques or art, clothing, department store items,
drugs, dry goods, flowers, furniture, gifts, grocer-

Supp. No. 13 LUC4:54.2

 ZONING 4.3.3

H. Restaurant. An establishment where the M. Permanent fireworks sales. A facility where

principal business is the sale of food and bever- fireworks are stored, shipped, packaged or sold.
ages in a ready-to-consume state. Fermented malt This use description does not include a temporary
beverages, malt, special malt and vinous and fireworks stand with a valid permit from the
spirituous liquors may be produced on the pre- Larimer County Building Department for the
mises as an accessory use. current fireworks sales season.
1. An outdoor seating area or outdoor food N. Adult uses. A facility housing adult amuse-
service requires approval through the mi- ment or entertainment. This includes an adult
nor special review process. bookstore, adult photography studio, adult the-
ater, adult drive-in theater, adult movie arcade,
2. Drive-in or drive-through service facili- adult restaurant, bar or nightclub, adult tanning
ties requires approval through the minor salon and other adult businesses characterized by
special review process. offering patrons activities or material depicting,
I. Restaurant/takeout. A facility where food exhibiting, describing or relating to specified sex-
and/or beverages are sold in a form ready for ual activities or specified anatomical areas for
consumption primarily off the premises. observation, amusement, enjoyment, satisfaction
or gratification, whether for a fee or not. The uses
1. A takeout restaurant may include drive-in contemplated by this definition customarily, al-
facilities. though not always, offer adult amusement or
entertainment activities or materials as a princi-
J. Restaurant-sit down. A facility where food pal, significant or emphasized part of their enter-
and/or beverages are prepared and served to prise, and such uses, customarily, although not
patrons for consumption primarily within the always, exclude minors under the age of 18.
principal building.
1. Specified sexual activities:
1. An accessory patio area or other outside
serving area requires special review ap- a. Human genitals in a state of sexual
proval. stimulation or arousal.
b. Acts of human masturbation, sexual
K. Nightclub. A facility used primarily for the intercourse or sodomy.
sale and dispensing of liquor or nonalcoholic bev-
erages by the drink; where food may be available c. Fondling or other erotic touching of
for on-site consumption; and where live entertain- human genitals, pubic regions, but-
ment and/or dancing is provided. A nightclub can tocks, vulva or female breasts.
not include any adult use as defined in section L 2. Specified anatomical areas:
below.
a. Human genitals, pubic hair or vulva.
L. Bar/tavern. An establishment where the b. Female breasts below a point imme-
primary business is providing or dispensing by diately above the areola.
the drink for on-site consumption of fermented
malt beverages and/or malt, special malt, vinous c. Human male genitals in a discern-
or spirituous liquors, in which the sale of food ibly turgid state even if completely
products such as sandwiches and light snacks is and opaquely covered.
secondary, and where music, live entertainment 3. No adult use is allowed within 1,000 feet
and/or dancing may be provided. of any residentially zoned property or
1. An outdoor seating area requires ap- property used for a dwelling. This dis-
proval through the minor special review tance is measured from the closest prop-
process. erty line of residentially zoned property or
property used for a dwelling to the prop-
2. A bar/tavern cannot include any adult erty line of the adult use. Residentially
use. zoned property refers to property zoned

Supp. No. 11 LUC4:55

4.3.3 LARIMER COUNTY LAND USE CODE

E-Estate, E-1 Estate, FA-Farming, FA-1 P. Instructional facility. A place offering spe-
Farming, R-Residential, R-1 Residential, cialized instruction in such things as a trade,
R-2 Residential, M-Multiple-family and music, dance, martial arts or business.
M-1 Multiple-family and any PD-Planned
Q. Outdoor display and sales. A principal com-
Development zoning district with an ap-
mercial use that requires the outdoor display of
proved plan having a residential compo-
materials, parts, inventory or goods including,
nent.
but not limited to, lumber and builder supply
4. No adult use is allowed within 1,000 feet yards, landscape materials, automobile and truck
of any school, church, public park, other sales, recreational vehicle sales, boat sales, farm
adult use or liquor licensed establishment implement sales and manufactured housing sales,
subject to the State of Colorado Liquor excluding flea markets.
Code. This distance is measured from the 1. Outdoor display and sales uses must be
closest property line of the school, church, maintained in an orderly manner with no
public park, other adult use or liquor trash, junk or debris.
licensed establishment to the closest prop-
erty line of the adult use. 2. Outdoor display and sales uses must ef-
fectively screen the side and rear of the
5. Adult use buildings, entries, windows and display areas from adjacent properties
openings must be located, covered or that are zoned to allow residential uses.
screened in a manner to prevent a view See Section 8.5, Landscaping. Outdoor
into the interior from any public or semi- display and sales areas that cannot be
public area. screened require approval through the
minor special review process.
6. Adult use structures, signs and buildings
3. Outdoor display and sales uses must main-
cannot be painted in garish (excessively
tain adequate emergency access lanes
vivid) colors, nor can any promotional
around and through the outdoor display
materials or displays be exhibited to serve
and sales areas.
the same purposes as a sign.
4. Outdoor display and sales areas must be
O. Flea market. A facility where stalls or sales outside any parking, traffic circulation,
areas are set aside and rented or otherwise pro- right-of-way or landscaping area that
vided and that are intended for use by various serves the site.
individuals to sell articles that are homemade, 5. Outdoor display and sales areas must be
homegrown, handcrafted, old, obsolete or antique. located outside the sight triangle at any
This may include the selling of goods at retail by intersection or driveway as determined by
businesses or individuals generally engaged in the urban area street standards or the
retail trade. rural area road standards.
1. Any outdoor activity associated with a R. Clinic. An ambulatory health care facility
flea market, other than parking of custom- where outpatient treatment is provided for hu-
ers' cars, requires approval through the mans.
special review process. (Res. No. 03302004R001, § 1(Exh. A), 3-15-2004;
Res. No. 02222005R002, Exh. A, 2-22-2005; Res.
2. Farmers' markets, which are treated as No. 08212007R002, Exh. A, 8-21-2007; Res. No.
temporary uses, are not included in the 08212007R004, Exh. A, 8-21-2007)
definition of flea market.
4.3.4. Institutional uses.
3. A garage sale or yard sale, which operates
a total of less than seven days per calen- A. Hospital. A facility providing health ser-
dar year, is not included in the definition vices primarily for inpatients and medical and
of flea market. surgical care of the sick and injured. This in-

Supp. No. 11 LUC4:56

 ZONING 4.3.4

includes, as an integral part of the institution, 3. A church in the FA-Farming, FA-1 Farm-
such related facilities as laboratories, outpatient ing, FO-Forestry, FO-1 Forestry, O-Open,
departments, training facilities, emergency de- E-Estate, E-1 Estate, RE Rural Estate,
partments and staff offices. RE-1 Rural Estate, R-Residential, R-1 Res-
idential, R-2Residential, A-Accommoda-
B. Health services. A facility providing support tions and AP-Airport zoning district with
to the medical profession and patients, such as a facility with 2,000 square feet or less
medical and dental laboratories, blood banks and gross floor area (all indoor), requires ap-
various types of medical supplies and services. proval through the minor special review
C. Cemetery. A tract of land set aside for inter- process.
ring four or more bodies, including columbariums
4. A church in the FA-Farming, FA-1 Farm-
and mausoleums when operated in conjunction
ing, FO-Forestry, FO-1 Forestry, O-Open,
with and located on the same premises as the
E-Estate, E-1 Estate, RE Rural Estate,
cemetery.
RE-1 Rural Estate, R-Residential, R-1 Res-
1. A funeral home or crematorium may be idential, R-2Residential, A-Accommoda-
allowed by special review if located and tions and AP-Airport zoning district with
operated on the same premises as the a facility of more than 2,000 square feet
cemetery. gross floor area (all indoor), requires ap-
proval through the special review process.
D. Funeral home. A building used for the prep-
aration of the deceased for burial or cremation, for 5. A church with an outdoor recreation area
the display of the deceased and/or for ceremonies greater than 5,000 square feet gross area,
or services related thereto. requires approval through the special re-
view process in all zoning districts where
E. Crematorium. A crematorium is a structure churches are allowed.
that houses one or more crematories. A crematory
is an incinerator, furnace, retort, or oven used for 6. A church that includes a school or day
the purpose of cremation of human or animal care requires approval though the special
remains. review process in all zoning districts where
churches are allowed.
F. School, public. A facility that provides a
curriculum of elementary, secondary and higher H. State-licensed group home. A facility li-
academic instruction, including kindergartens, el- censed or approved by the State of Colorado to
ementary schools, junior high schools, middle provide residential care to two or more people
schools, high schools, colleges and universities, who are unrelated by blood, marriage or adoption
and that receives most of its funding from a and who need special care or rehabilitation.
government agency.
I. Rehabilitation facility. A facility providing
G. Church. A facility that is intended for con-
accommodation, treatment and medical care for
ducting organized religious services.
patients suffering from alcohol or drug-related
1. A single-family dwelling, located on the illness.
same lot as a church and occupied by the
pastor or other similar church leader, is J. Child/elderly care center. A facility provid-
allowed as an accessory use to a church. ing for the care, protection and supervision of
more than eight children/people according to state
2. A church is allowed by right in the T- requirements.
Tourist, B-Business, C-Commercial, I-In-
dustrial and RFLB- Red Feather Lake 1. Parking and loading requirements must
Business zoning district except as noted be determined through site plan review of
below. any proposed child/elderly care center.

Supp. No. 13 LUC4:57

4.3.4 LARIMER COUNTY LAND USE CODE

K. Child/elderly care home. A facility in a P. School, nonpublic. Any private or parochial

private residence that provides care, protection school or any school operated as a commercial
and supervision of not more than eight children/ enterprise that provides education to more than
people according to state requirements. eight unrelated pupils of compulsory school age.
All nonpublic schools require approval through
1. Parking and loading requirements must the special review process.
be determined through site plan review of
any proposed child/elderly care home. Q. Cultural institution. A public or non-profit
institution displaying or preserving objects of
L. Community hall. A facility used for recre- interest in one or more of the arts or sciences,
ational, social and cultural activities. including libraries and museums.
1. A community hall is allowed by right in (Res. No. 08212007R002, Exh. A, 8-21-2007; Res.
the RFLB- Red Feather Lake Business No. 02172009R010, Exh. A, 2-17-2009; Res. No.
zoning district except as noted below. 02172009R011, Exh. A, 2-17-2009)

2. A community hall in the FA-Farming, 4.3.5. Recreational uses.

FA-1 Farming, O-Open and AP-Airport
zoning districts with a facility with 2,000 A. Golf course. A parcel of land laid out for at
square feet or less gross floor area (all least nine holes for playing the game of golf and
indoor) requires approval through the mi- improved with tees, greens, fairways and haz-
nor special review process. ards. It may also include a clubhouse and other
accessory structures.
3. A community hall in the FA-Farming,
FA-1 Farming, O-Open and AP-Airport B. Country club. A facility that contains a golf
zoning districts with a facility of more course, a clubhouse and customary accessory uses
than 2,000 square feet gross floor area (all and is open only to members and their guests.
indoor), requires approval through the
special review process. C. Riding stable. A facility where horses are
harbored and the general public may, for a fee,
4. A community hall with an outdoor recre- hire horses for riding.
ation area greater than 5,000 square feet
gross area, requires approval through the 1. A riding stable in the T-Tourist zoning
special review process in all zoning dis- district must locate all buildings, corrals,
tricts where community halls are allowed. and storage areas for odor and dust-
producing substances at least 250 feet
M. Jail/prison. A facility for the processing from the centerline of all rights-of-way
and confinement of people held in lawful custody. and at least 200 feet from all property
lines.
N. Congregate residence. Apartments and dwell-
ings with communal dining facilities and services, D. Place of amusement or recreation. A facility
such as housekeeping, organized social and recre- offering games, sports, exhibitions and/or rides
ational activities, transportation services and other but not including golf courses, country clubs,
support services appropriate for its residents. shooting ranges and riding stables.
O. Sheriff/fire station. A facility for neighbor- 1. A place of amusement or recreation that
hood or small area operations of the sheriff or fire involves any activity outside of a building,
department where equipment and vehicles are except the parking of customers' cars,
stored and maintained but is not the headquar- requires approval through the special re-
ters or main administrative offices for either view process.
entity.
2. A place of amusement or recreation can
1. Location and extent review is required for not include any adult uses as defined in
all sheriff and fire stations. subsection 4.3.3.1.

Supp. No. 13 LUC4:58

 ZONING 4.3.6

E. Riding academy. A facility for the care and/or proval through the special review process
boarding of horses where instruction in riding, in the A-Accommodations, T-Tourist and
jumping and showing is offered. B-Business zoning districts.
F. Shooting range. A facility designed and ar- 2. A bed and breakfast in the O-Open, FA-
ranged to accommodate fixed or moving targets Farming, FA-1 Farming, FO-Forestry, FO-1
for shooting practice with firearms or bow and Forestry and AP-Airport zoning district
arrow. accommodating six or fewer guests re-
quires approval through the minor special
1. A shooting range with any outdoor activ- review process. A bed and breakfast in the
ity, other than parking of customers' cars, O-Open FA-Farming, FA-1 Farming, FO-
requires approval through the special re- Forestry, FO-1 Forestry and AP-Airport
view process.
G. Public park and playground. A parcel of
land designated and used by the public for pas-
sive and active recreation. It may include a vari-
ety of facilities, including equipment for younger
children as well as court and field games.
H. Trail and trailhead. A parcel of land desig-
nated and used by the public for hiking, biking
and/or horseback riding and a facility for the
parking of vehicles which provides safe access to
the trail.
I. Membership club/clubhouse. A facility to
accommodate a group of people organized for a
common purpose to pursue common goals inter-
ests or activities and characterized by attributes
such as membership qualifications, payment of
fees and dues, regular meetings and/or a consti-
tution and bylaws.
J. Rafting business. A facility for the operation
of a commercial rafting business where vehicles,
rafts and other equipment are stored and where
customers congregate to change clothes and be
transported to and from the put in and take out
sites.
(Res. No. 08282007R005 Exh. A, 8-28-2007)

4.3.6. Accommodation uses.

A. Hotel/motel. A facility offering transient
lodging accommodations to the general public.
B. Bed and breakfast. An owner or operator
occupied, single-family dwelling where short-
term lodging rooms and meals are provided to
guests for a fee.
1. A bed and breakfast accommodating more
than six guests at any time requires ap-

Supp. No. 13 LUC4:58.1

 ZONING 4.3.7

zoning district accommodating more than 2. Enclosed storage includes freezers and
six guests requires approval through the meat lockers.
special review process.
3. Enclosed storage facilities must use build-
C. Recreational vehicle park/campground. A ing orientation and landscaping (See Sec-
parcel of land on which two or more recreational tion 8.5, Landscaping) to restrict the view
vehicle sites and/or camping sites are located, of the interior of storage units and loading
established or maintained for occupancy by recre- areas and docks from adjacent properties
ational vehicles or camping units of the general that are zoned to allow residential uses.
public as temporary living quarters for vacation Enclosed storage facilities that are unable
or recreation purposes.
meet this requirement require approval
D. Resort lodge cabins. A building or group of through the minor special review process.
buildings, under single management and owner-
ship, containing rooms and/or dwelling units avail- B. Trade use. A business or occupation requir-
able for temporary rental to guests where the ing specialized training in a manual or mechani-
primary attraction is generally recreational fea- cal skill, including, but not limited to, carpentry,
tures or activities. plumbing, sheet metal, electrical, auto repair,
E. Boarding/rooming house. A building or por- heating, ventilation and air conditioning, furni-
tion thereof used to accommodate, for compensa- ture upholstery and machine shops.
tion, three or more boarders or roomers with 1. A trade use with any outdoor storage of
lodging and/or meals. "Compensation" includes materials, parts, vehicles or finished prod-
money, services or other things of value. uct requires approval through the special
F. Nursing homes. An extended or intermedi- review process in the C-Commercial zon-
ate care facility licensed or approved by a govern- ing district.
ment agency to provide fulltime convalescent or
C. Light industrial. The secondary manufac-
chronic care to two or more people who, by reason
ture, assembly or packaging of products from
of advanced age, chronic illness or infirmity, are
previously prepared materials, including, but not
unable to care for themselves.
limited to, electronic instruments or devices, food
G. Retreat. A facility for four or more people to and beverage processing, scientific research and
occupy on a shortterm basis (30 or fewer consec- testing and commercial bakeries.
utive days out of any calendar year) offering
overnight accommodations for a fee for study or D. General industrial. Any manufacturing or
instruction. industrial use, including, but not limited to, heavy
H. Seasonal camp. A parcel of land under equipment storage and maintenance, asphalt and
single ownership and management having tents, concrete batch plants, fuel alcohol plants, fuel
buildings or other, shelters but can not include bulk plants, slaughter houses, recycling facilities
recreational vehicles or mobile homes. A seasonal and ice and cold storage plants.
camp is for recreational or educational purposes E. Mining. The act of exploring for and recov-
and the accommodation of four or more people for ering stone, soil, peat, sand, gravel, limestone,
two or more days, or portions thereof. coal, granite or other mineral resources from the
(Res. No. 06172003R009, 6-17-2003; Res. No. ground for sale or for use off the property where it
04102007R018, Exh. A, 4-10-2007) was recovered. Mining does not include the re-
4.3.7. Industrial uses. moval of loose surface stone, excavation solely for
A. Enclosed storage. A principal use where farm practices, excavation for a basement or
goods are kept in a completely enclosed building footing for a structure authorized by a valid
or buildings. building permit or grading authorized by a valid
grading permit.
1. Enclosed storage includes self-storage and
ministorage facilities, and may include an 1. On-site processing of mined materials is
accessory single family dwelling for the considered accessory to the mining activ-
owner/operator of the facility. ity but must be included in the special

Supp. No. 12 LUC4:59

4.3.7 LARIMER COUNTY LAND USE CODE

review application and reviewed simulta- intersection as determined by the Urban

neously with the mining special review Area Street Standards or the Rural Area
application. Road Standards.
6. Outdoor storage areas must be located
F. Oil and gas drilling production. Any opera-
outside any parking, traffic circulation,
tion intended to discover, develop, recover and/or
right of way or landscaping area that
process oil and/or gas, excluding refineries.
serves the site.
1. An access permit must be obtained from I. Recycling. A facility where used material is
the county engineering department prior separated, processed and stored prior to shipment
to the commencement of any oil and gas to others who will use the materials to make new
drilling and production operation. products.
G. Hazardous materials storage and/or pro- J. Junkyard. A facility for the display, storage,
cessing. A facility for the storage, treatment, dis- collection, processing, purchase, sale, salvage or
posal, incineration or otherwise handling of any disposal of used or scrap materials, equipment,
substance or material that, by reason of its toxic, appliances, junk vehicles or other personal prop-
corrosive, caustic, abrasive or otherwise injurious erty, whether of value or valueless. Junkyards do
properties, may be detrimental or deleterious to not include the storage of vehicles or equipment
the health of any person coming into contact with used for agricultural purposes on a farm or ranch.
such material or substance. This use category K. Landfill. A site used primarily for the dis-
includes the collecting, storing and/or blending of posal by dumping, burial and other means of
hazardous waste to be used as a fuel source or garbage, sewage, junk, trash, refuse, discarded
alternate fuel (see subsection 8.20). machinery, vehicles or parts thereof.
H. Outdoor storage. A principal use where goods L. Sawmill. A facility where logs or partially
such as recreational vehicles, boats and other processed cants are sawn, split, shaved, stripped,
large items, are stored outside of a building. chipped or otherwise processed to produce wood
Outdoor storage uses that cannot meet the follow- products, not including the processing of timber
ing requirements require approval through the for use on the same lot by the owner or resident of
minor special review process. the lot.

1. Outdoor storage as a principal use must M. Power plant. A facility designed, constructed
be effectively screened from adjacent prop- and operated to generate electric power by steam,
erties located outside the area that is wind, solar, water or other means.
zoned C-Commercial or I or I-1 Industrial. N. Small wind energy facility. A facility which
See section 8.5, landscaping. is used for the production of electrical energy from
energy supplied by the wind including any trans-
2, All outdoor storage areas must maintain
mission lines, and developed for the purposes of
adequate emergency access lanes around
supplying or distributing electrical energy to a
and through the outdoor storage areas,
customer or customers, and in which there are no
3. An outdoor storage use, as a principal more than three wind generator towers and the
use, may include one single family dwell- hub height of the wind towers does not exceed 80
ing that is occupied by the owner or oper- feet.
ator of the storage use. 1. A small wind energy facility must meet
the following criteria in addition to the
4. Outdoor storage uses must be maintained
section 4.5 minor special review criteria:
in an orderly manner with no junk, trash
or debris. a. A small wind energy facility must be
sited and designed to minimize ad-
5. Outdoor storage areas must be outside verse visual impacts on neighboring
the sight triangle at any driveway or properties.

Supp. No. 12 LUC4:60

 ZONING 4.3.8

2. A small wind energy facility must meet tion access must be regraded and
the following standards: revegetated to minimize environmen-
tal impacts.
a. A small wind energy facility must be
setback from property lines, public k. A small wind energy facility applica-
rights-of-way and access easements tion must include an agreement that
at least two times the hub height of addresses decommissioning and aban-
the generator. donment of the facility. The agree-
ment must at a minimum provide for
b. A small wind energy facility must be reuse or dismantlement of the facil-
located on a lot or parcel of at least ity at the owner's expense.
one acre. (Res. No. 04292003R005, 4-29-2003; Res. No.
c. The wind generator turbines and 09262006R024, Exh. A, Item 3, 9-26-2006; Res.
towers must be painted or coated a No. 04102007R008, Exh. A, 4-10-2007; Res. No.
non-reflective white, grey or other 08212007R004, Exh. A, 8-21-2007; Res. No.
neutral color. 01292008R003, Exh. A, 1-29-2008; Res. No.
06032008R003, Exh. A, 6-3-2008)
d. A small wind energy facility must
not be artificially illuminated unless 4.3.8. Transportation uses.
required by the FAA.
A. Transportation depot. Land and buildings
e. A small wind energy facility must used as a relay station for the transfer of a load of
not be used to display advertising. freight from one vehicle to another or from one
f. Electrical controls must be wireless party to another. Longterm or accessory storage is
or underground and power lines must not allowed in a transportation depot.
be underground except where the B. Bus terminal. A facility for the parking and
electrical collector wiring is brought storage of busses and the loading and unloading
together for connection to the trans- of passengers.
mission or distribution network, ad-
jacent to that network. Proposed
transmission facilities must be iden-
tified and included as part of the
small wind energy facility project.
g. Noise emanating from the small wind
energy facility must be in compli-
ance with Larimer County Code
Chapter 30, Article V. Noise.
h. The operator of the small wind en-
ergy facility must minimize or miti-
gate any interference with electro-
magnetic communications, such as
radio, telephone or television signals
caused by the facility.
i. Towers for wind generators must be
constructed of a tubular design and
include anti-climb features.
j. A small wind energy facility must be
designed to minimize access and as-
sociated site disturbance. Construc-

Supp. No. 12 LUC4:60.1

 ZONING 4.3.9

C. Truck stop. A facility for the servicing, re- 4.3.9. Temporary uses.
pair and maintenance of motor vehicles, including
the dispensing of motor fuels or other petroleum A. Temporary construction projects. All zoning
products directly into the motor vehicles. A truck districts permit the temporary storage of vehicles,
stop may include a restaurant, overnight accom- materials, equipment, field offices and the exca-
modations, showers, and other facilities intended vation of fill material that are accessory to a
to serve travelers. construction project with the following conditions:
1. The project is for the construction of a
D. Transportation service. A facility engaged highway, road, utility or other public im-
primarily in providing passenger transportation provement under a federal, state, county,
services, including, but not limited to, limousine town, city, rural water association or spe-
service and taxicabs. cial district contract;
E. Parking lot/garage. A facility designed and 2. The storage site is used for a maximum of
improved for temporary, daily or overnight park- one year. The planning director may ap-
ing of automobiles or light trucks. prove an extension of six months upon a
written request that details reasons for
F. Airport. A facility designed and improved the requested extension;
for the landing and takeoff of aircraft and may be
equipped with hangars, facilities for refueling and 3. Disposal of solid and hazardous waste
repairing aircraft and accommodations for pas- such as fuels, solvents, lubricants and
sengers and cargo. A landing strip located on construction materials must comply with
private property and used solely by the owner of applicable federal and state rules and
the property for personal use is not an airport. regulations. On-site disposal of wastes is
prohibited;
G. Park and ride. A parking lot designed for
4. Vehicles, materials, equipment and field
drivers to leave their cars and use mass transit or
offices must be stored or located at least
car pools that begin, terminate or stop at the park
200 feet from existing dwellings unless
and ride facility.
the owner(s) of the dwellings waive this
requirement in writing. This condition
H. Heliport. A facility designed and improved
does not apply to materials intended for
for the landing and takeoff of helicopters and
use on the parcel or right-of-way where
usually equipped with hangars, facilities for refu-
they are temporarily stored;
eling and repairing helicopters and accommoda-
tions for passengers and cargo. 5. Asphalt and concrete batch plants and
rock-crushing facilities must be located on
I. Train station. A facility designed and im- or adjacent to the parcel or right-of-way
proved for the loading and unloading of passen- being improved;
gers and cargo, including facilities for repairing
and refueling trains. 6. Borrow or fill material excavation sites
must be located within 1,320 feet of the
J. Radio and television transmitters. Facilities parcel or right-of-way being improved.
designed and improved for radio and/or television Excavation sites more than 1,320 feet but
transmission towers. Broadcast studios and ad- less than one mile from the parcel or
ministrative or business offices are not allowed. right-of-way being improved may be ap-
proved by the county commissioners pur-
K. Commercial aerial sightseeing/tour flights. suant to the appeal process in subsection
Flights where aircraft, either rotary (helicopter) 22.2, appeals. Excavation sites more than
or fixed wing, are used to carry passengers for one mile from the improvement are sub-
sightseeing or tour purposes on a contract basis or ject to the special review, subsection 4.5,
for a fee or other consideration. process for a mining operation; and

Supp. No. 11 LUC4:61

4.3.9 LARIMER COUNTY LAND USE CODE

7. Storage and field office sites must be 4.3.10. Accessory uses and structures.
reclaimed to their original or better con-
Accessory uses and structures are intended to
dition within 30 days after the temporary
allow property owners the full use of their prop-
construction project is complete. The plan-
erty while maintaining the integrity and charac-
ning director may extend the reclamation
ter of the neighborhood. To accomplish these
period, in writing, upon written request
goals, accessory uses and buildings must be erected
that details the reasons for the requested
and used only for purposes that are clearly sec-
extension. Borrow and fill excavation sites
ondary and incidental to the principal use of the
must be reclaimed pursuant to the ap-
property and must be located on the same lot with
proved state permit. The planning direc-
the principal use.
tor may require that collateral be pro-
vided to ensure reclamation of the storage A. Accessory agricultural uses.
and field office sites is completed. 1. Farmstead. That portion or portions
of a farm, ranch, dairy, feedyard or
B. Fireworks stands. Temporary fireworks poultry farm designated for uses
stands are allowed in the B-Business, C-Commer- which are necessary to the opera-
cial, I-Industrial and I-1 Industrial zoning dis- tion, including equipment storage ar-
tricts from June 16 to July 5. A setback and use eas.
permit issued by the building department is re-
a. Farmstead accessory dwellings:
quired for each temporary fireworks stand.
1. Number. A farmstead is
C. Christmas tree stands. Temporary Christ- limited to one dwelling for
mas tree stands are allowed in the B-Business, the owner/operator of the
C-Commercial, I-Industrial and I-1 Industrial zon- property plus one dwell-
ing districts from the day after Thanksgiving to ing for each 40 acres of
the day after Christmas. A setback and use per- contiguous ownership. For
mit issued by the building department is required example, a farmstead on a
for each temporary Christmas tree stand. 40-acre farm could include
two dwellings, one for the
D. Manufactured homes. Manufactured homes, owner/operator and one for
whether transportable as a single, complete dwell- farm help. A farmstead on
ing unit or not, may be used to provider tempo- an 80-acre farm could in-
rary housing for the owner of the property during clude three dwellings, one
the construction of a single-family dwelling on the for the owner/operator and
site. The duration of this temporary housing can two for farm help.
not exceed 18 months and requires a building 2. Occupancy. Farmstead
permit issued by the county building department dwellings may be occu-
at the same time the building permit for the pied by the owner/opera-
permanent structure is issued. The manufactured tor, their immediate fam-
home must be removed from the site at the end of ily and residents needed
the 18-month period or upon completion of the to support the agriculture
construction, whichever occurs first. The chief operation.
building official may grant an extension of 18 3. Siting. Each farmstead
months for the temporary housing upon a finding must be designed to allow
that significant progress has been made in the a logical pattern of lots
construction of the permanent structure or there that all meet minimum lot
have been circumstances, beyond the control of size and setback require-
the property owner, that have delayed construc- ments of the applicable
tion. zoning district and pro-
(Res. No. 04102007R018, Exh. A, 4-10-2007) vide for adequate access,

Supp. No. 11 LUC4:62

 ZONING 4.3.10

drainage and utilities for b. A farmstead may include agri-

each lot. Should the agri- cultural labor housing subject
cultural operation cease, to special review approval by
the property owner must the county commissioners.
pursue one of the follow-
2. Farm stand. A farm may include a
ing options:
stand for the sale of agricultural
a. The rural land use products produced on the same farm
process; premises. A permanent facility for
b. Subdivision; the sale of agricultural products pro-
c. Conservation devel- duced on the same farm premises
opment to place each must comply with all zoning require-
accessory farm dwell- ments.
ing on a separate lot;
3. Value added agricultural processing:
d. Identify a separate The processing and/or packaging of
35-acre or larger tract agricultural products, excluding the
for each accessory processing of fish, meat or game.
dwelling; or Examples include but are not lim-
e. Present a proposal to ited to: the making of alfalfa pellets,
be approved by the herbal products, food products,
planning director. wreaths, woolen products, cheese, and
4. Fees and standards. Cap- candles. Value added processing may
ital expansion fees must include the sales of value added ag-
be paid for each dwelling ricultural products produced on the
when the building permit site.
is issued. Each dwelling a. A farm, sod farm, nursery, tree
must comply with the stan- farm (not including a sawmill)
dards for all development or greenhouse may include
required by section 8 of Value Added Agricultural Pro-
this code. cessing as an accessory agricul-
5. Agreement. Each plan ap- tural use.
proved for a farmstead
b. Value Added Agricultural Pro-
must include an agree-
cessing and sales of value added
ment which includes the
agricultural products produced
terms described in subsec-
on the site must meet the fol-
tions 3 and 4 above. The
lowing criteria:
agreement must be signed
by the property owner, no- 1. The agricultural process-
tarized and recorded with ing or sales facility must
the county clerk and re- be clearly incidental to and
corder. The agreement supportive of the domi-
must state that it runs nant agricultural use of
with the land and is bind- the site.
ing on all successors, as- 2. The agricultural process-
signs, heirs and subse- ing and sales facility must
quent owners of the be operated by the owner
property. or lessee of the agricul-
6. A simplified site plan will tural use.
be required as part of the 3. Any processing operation
process. will be located at least 100

Supp. No. 11 LUC4:63

4.3.10 LARIMER COUNTY LAND USE CODE

feet from property lines cillary to those farm prod-

unless a greater setback ucts or as declared and
is required by another sec- approved as a part of the
tion of this code. Minor Special Review or
4. The processing and/or sales Special Review process.
facility, any outdoor stor-
c. Value added agricultural pro-
age in connection with the
cessing is allowed by right if:
facility, and on-site park-
ing will be effectively 1. 100% (by volume) of raw
screened from existing materials to be processed
dwellings within 500 feet. are raised or grown on the
5. The hours of operation are site; and
limited to the hours be- 2. The total processing and/or
tween 7:00 am and 9:00 sales facility is 1200 sq. ft.
pm. or less in gross floor area;
6. Noise, fumes, dust, odors, and
vibration or light gener- 3. Traffic generation from the
ated as a result of the ag- value added processing
ricultural processing or
and/or sale of value added
sales will, at the property
processing products is less
line, be below the volume,
than 20 vehicle trips/day,
frequency, or intensity such
including customers, em-
that they do not unreason-
ployees and deliveries.
ably interfere with the en-
joyment of life, quiet, com- d. Value added agricultural pro-
fort or outdoor recreation cessing is allowed by minor spe-
of an individual of ordi- cial review if:
nary sensitivity and hab-
1. The parcel on which the
its.
agricultural use is pro-
7. The facility or operation posed is 35 acres in area
will serve to preserve or or greater; and
enhance the rural charac-
ter of the neighborhood or a. More than 50 per-
vicinity. cent (by volume) of
raw materials to be
8. The agricultural process-
processed are raised
ing or sales facility will
or grown on the site;
not significantly change
and/or
the character of the neigh-
borhood. b. The total processing
9. The processing facility will and/or sales facility
not be classified as a haz- is between 1201 to
ardous waste generator 4000 sq. ft. in gross
under state or federal reg- floor area; and
ulations. c. Traffic generation
10. Sales of products in addi- from the value added
tion to those grown or pro- processing and/or
cessed on the site will be sale of value added
limited to those clearly in- processing products is
cidental, secondary and an- less than 20 vehicle

Supp. No. 11 LUC4:64

 ZONING 4.3.10

trips/day, including processing products is

customers, employ- 20 or more vehicle
ees and deliveries. trips/day, including
2. The parcel on which the customers, employ-
agricultural use is located ees and deliveries
is proposed is less than 35 2. The parcel on which the
acres; and agricultural use is located
a. More than 50 per- is proposed is less than 35
cent (by volume) of acres; and
raw materials to be a. Less than 50 percent
processed are raised (by volume) of raw
or grown on the site; materials to be pro-
and/or cessed are raised or
b. The total processing grown on the site;
and/or sales facility and/or
is 1200 sq. ft. or less b. Total processing
in gross floor area; and/or sales facility
and is between 1200 to
c. Traffic generation 4000 sq. ft. in gross
from the value added floor area; and/or
processing and/or c. Traffic generation
sale of value added from the value added
processing products is processing and/or
less than 20 vehicle sale of value added
trips/day, including processing products is
customers, employ- 20 or more vehicle
ees and deliveries. trips/day, including
e. Value added agricultural pro- customers, employ-
cessing is allowed by special ees and deliveries
review if: f. Site Plan review and approval
1. The parcel on which the is required prior to operation
agricultural use is pro- for all value added processing
posed is 35 acres in area and sales facilities unless waived
or greater; and by the planning director.
a. Less than 50% (by
4. Agritourism enterprise: Activities con-
volume) of raw mate-
ducted on a working farm or ranch
rials to be processed
and offered to the public for the
are raised or grown
purpose of recreation, education, or
on the site; and/or
active tourism related involvement
b. The total processing in the farm or ranch operation. These
and/or sales facility activities must be incidental to the
is more than 4000 sq. primary agricultural operation on the
ft. in gross floor area; site or related to natural resources
and/or present on the property. This term
c. Traffic generation includes farm tours, hayrides, corn
from the value added mazes, classes related to agricul-
processing and/or tural products or skills, picnic and
sale of value added party facilities offered in conjunction

Supp. No. 11 LUC4:64.1

4.3.10 LARIMER COUNTY LAND USE CODE

with the above. An Agritourism En- 7. The agritourism enterprise

terprise does not include accommo- and facilities will not sig-
dations uses or retail sales. nificantly change the char-
acter of the neighborhood.
a. A farm, sod farm or nursery,
tree farm (not including a saw- 8. The scale and intensity of
mill) or greenhouse may in- the agritourism enterprise
clude an Agritourism Enter- and facilities must be con-
prise as an accessory sistent with the character
agricultural use as follows. of the area.
c. A temporary agritourism enter-
b. The Agritourism Enterprises
prise may be approved by the
must meet the following crite-
planning director if the follow-
ria:
ing conditions exist:
1. The agritourism enterprise
1. The parcel on which the
will be clearly incidental
agricultural use is located
to and supportive of the
is proposed is greater than
dominant agricultural use
35 acres; and
of the site.
2. Safe and adequate access
2. The agritourism enterprise and parking have been ap-
will be operated by the proved by the county en-
agricultural facility owner gineer; and
or lessee.
3. Adequate sanitation facil-
3. Any outdoor activity will ities have been approved
be located at least 100 feet by the county health de-
from property lines. partment; and
4. The hours of operation are 4. A specific time frame is
limited to the hours be- established for the use. The
tween 7:00 am and 9:00 maximum length of time
pm. for a temporary Agritour-
5. Noise, fumes, dust, odors, ism Enterprise use is four
vibration or light gener- months;
ated as a result of the 5. The temporary recre-
agritourism enterprise ational use is located on
will, at the property line, the site of an existing ag-
be below the volume, fre- ricultural use; and
quency, or intensity such
6. The applicant submits and
that they do not unreason-
obtains approval of a site
ably interfere with the en-
plan that adequately ad-
joyment of life, quiet, com-
dresses all the require-
fort or outdoor recreation
ments noted above.
of an individual of ordi-
nary sensitivity and hab- d. An agritourism enterprise facil-
its. ity is allowed by minor special
6. The agritourism enterprise review if:
and operation will serve 1. The agritourism enterprise
to preserve or enhance the is operated for more than
rural character of the four months in a calendar
neighborhood or vicinity. year; and

Supp. No. 11 LUC4:64.2

 ZONING 4.3.10

2. Traffic generation is less c. The home occupation is conducted

than 20 vehicle trips/day, only by members of the family who
including customers, em- reside on the premises plus up to one
ployees and deliveries. full time equivalent person who does
e. An agritourism enterprise facil- not reside on the premises.
ity is allowed by special review d. All parking required to accommo-
if: date the home occupation must be
1. The agritourism enterprise provided on the site of the home
is operated for more than occupation and located outside of
four months in a calendar required building setbacks.
year; and
e. The home occupation must not change
2. Traffic generation is 20 or the residential character of the lot or
more vehicle trips/day, in- the exterior appearance of the dwell-
cluding customers, employ- ing.
ees and deliveries: and/or
f. On site retail sales of products pro-
f. Site plan review and approval
duced on the premises may occur
is required for all agritourism
only during retail sales events. Re-
enterprise facilities unless
tail sales of products clearly inciden-
waived by planning director
tal, secondary and ancillary to the
B. Home occupation. A business use conducted home occupation may occur through-
as a customary, incidental, and accessory use in out the year.
the resident's dwelling unit, attached garage or g. On site retail sales events may occur
detached building, including office work, the mak- no more than 30 days in any calen-
ing of art or crafts, trade uses, the providing of dar year.
personal or professional services, and similar ac-
tivities, and including retail sales of products h. Any noise, dust, odors, vibration, or
produced on the premises and products clearly light generated as a result of the
incidental, secondary and ancillary to the home home occupation must be below, at
occupation. Uses specifically excluded from home the property line, the volume, fre-
occupations include vehicle repair or similar ac- quency, intensity, duration or time of
tivities. day such that it does not unreason-
ably interfere with the enjoyment of
Home occupations are allowed in all zoning life, quiet, comfort or outdoor recre-
districts by right and by minor special review ation of an individual of ordinary
as detailed below. sensitivity and habits.
1. All home occupations must meet the fol- i. All applicable land use, health, and
lowing criteria. building codes must be met.
a. The home occupation may utilize up j. Any property owner who establishes
to 50 percent of the square footage of a home occupation after June 19,
the dwelling, including the base- 2006 must complete and sign a Home
ment and attached garage, not to Occupation Registration Certificate
exceed 800 square feet in the dwell- prior to operation.
ing and attached garage.
2. A home occupation meeting the criteria in
b. Multiple home occupations are al-
subsection 1 and the following additional
lowed on any lot provided that for all
criteria are allowed by right.
home occupations totaled together,
the requirements for a single home a. The home occupation is conducted in
occupation are not exceeded. a dwelling and/or in a detached ac-

Supp. No. 13 LUC4:65

4.3.10 LARIMER COUNTY LAND USE CODE

cessory building. The detached acces- Minimum set-

sory building must have been legally back from all
constructed prior to June 19, 2006. property lines
b. The area used for the home occupa- 200 feet
tion inside the dwelling, the at-
tached garage and the detached ac- b. The home occupation is to occur in
cessory building totaled together is an accessory building that had or
no more than 800 square feet. will have a building permit issued
after June 19, 2006.
c. There is no outside storage associ-
c. The area used for the home occupa-
ated with the home occupation, ex-
tion inside the dwelling, an attached
cept that no more than one vehicle
garage, and detached accessory build-
used in the home occupation may be
ing totaled together is more than
stored outside, and such vehicle must
800 square feet but no more than
be registered as either a passenger
1,200 square feet. Home occupations
vehicle or light duty truck.
using a total area of more than 1,200
d. Vehicle trips associated with the home square feet are not allowed.
occupation, except for retail sales
d. Vehicle trips associated with the home
events, will not exceed five trips in
occupation, except for retail sales
any one day.
events, will not exceed ten trips in
3. A home occupation meeting the criteria in any one day.
subsection 1 above and wishing to operate
C. Pet animals. Pet animals are permitted as
under the following conditions or circum-
an accessory use to residential uses. Hobby breeder
stances may operate if approval is first
facilities are permitted as part of this accessory
obtained through the minor special re-
use.
view process.
D. Storage buildings and garages. Each lot
a. Outdoor storage of materials, parts,
may include detached storage buildings and ga-
vehicles, equipment, finished prod-
rages for the sole use of the occupants of the
uct and other items is allowed if the
principal building or principal use on that lot. The
outdoor storage will be effectively
total ground floor area of all storage buildings and
screened from surrounding proper-
garages on a lot can not exceed ten percent of the
ties and public roads, and is limited
lot's net area. Semitrailers with attached running
to the following:
gear (i.e. axels, wheels) can not be used as storage
Maximum area buildings or garages. Only those buildings that
of screened out- are designed, constructed and approved by the
door storage Larimer County Building Department as storage
buildings or garages may be used for this purpose.
200 square feet Manufactured homes, including pre-1974 mobile
201—400 square homes, cannot be used as storage buildings, barns
feet or garages.
401—800 square
feet E. Outside storage of vehicle. Only those vehi-
cles that do not qualify as junk vehicles and are
Minimum set- owned by the occupant of a single-family dwelling
back from all and agricultural equipment may be stored outside
property lines on the same lot with the dwelling. These vehicles
and agricultural equipment must be located on
50 feet
the lot such that they will not cause traffic sight
100 feet
obstructions or safety hazards.

Supp. No. 13 LUC4:66

 ZONING 4.3.10

F. Accessory living area. Finished habitable b. The single-family character of the

space in a single-family dwelling or in a detached property must be maintained. The
building that is clearly accessory to the single- entrance(s) to the accessory living
family dwelling. Accessory living area may con- area must not be visible from any
tain a complete dwelling unit. road;
1. Accessory living area attached to or incor- c. The total square footage of the acces-
porated into a single-family dwelling. sory living area is limited to 40 per-
cent of the square footage in the
a. The single-family character of the
single-family dwelling, excluding any
structure must be maintained by pro-
garage or basement area, whether
viding one main entrance to the struc-
finished or not, or 800 square feet,
ture, one set of utility meters and
whichever is less;
one address for the property;
d. One additional off-road parking space
b. An addition to a single-family dwell-
must be provided for each bedroom
ing to accommodate an accessory liv-
in the detached accessory living area;
ing area must be architecturally com-
patible with the existing structure e. Building permit applications for ac-
and at least 12 feet along one wall of cessory living area are subject to all
the accessory living area must be applicable impact fees, including
contiguous to a wall of the single- transportation capital expansion fees
family dwelling with a doorway that applicable to a multi-family land use
allows passage between the single- type as defined in section 9.5;
family dwelling and the accessory f. Accessory living area is to be used
living area. This door must connect solely for guests of the occupants of
to living area in the dwelling; the single-family dwelling or those
providing a service on site in ex-
c. Accessory living area may be placed
change for their residency; and
in the basement of a single-family
dwelling; g. The accessory living area must not
be rented or leased separately from
d. The total square footage of the acces-
the single-family dwelling.
sory living area must not exceed 40
percent of the total square footage of G. Extended family dwelling. Living quarters
the single-family dwelling, exclud- in a manufactured home to be used on a tempo-
ing any basement or garage area, rary basis to house immediate family members.
whether finished or not, or 800 square Any person seeking to place an extended family
feet, whichever is less; dwelling on his/her property must obtain a permit
as provided below and pay all applicable capital
e. Accessory living area is to be used
expansion fees. A permit issued for an extended
solely for guests of the occupants of
family dwelling is for a term not to exceed three
the single-family dwelling or those
years. Such a permit may be extended for addi-
providing a service on the site in
tional three-year periods, provided the conditions
exchange for their residency; and
noted in subsection 1.b below continue to exist:
f. The accessory living area must not 1. A permit for an extended family dwelling
be rented or leased separately from to house immediate family members who
the single-family dwelling. are elderly or disabled may be adminis-
2. Accessory living area in a detached build- tratively issued by the planning director
ing. on a finding that all of the following
a. Accessory living area in a detached standards have been met:
building is subject to review and a. The lot or parcel on which the ex-
approval through the minor special tended family dwelling is to be placed
review process in section 4.5; contains at least four acres;

Supp. No. 13 LUC4:67

4.3.10 LARIMER COUNTY LAND USE CODE

b. At least one occupant of the ex- the particular hardship after consid-
tended family dwelling is age 65 or ering all the information presented
older or is disabled. A letter from a at the public hearing. The county
licensed physician verifying the dis- commissioners may not extend the
ability must be submitted; permit without a public hearing and
c. The extended family dwelling will be finding that standards above con-
removed within three months from tinue to be met.
the date of the expiration of the 3. Transportation capital expansion fees must
permit unless an application for a be paid at the time of issuance of a permit
land division is submitted; and for an extended family dwelling. The fee
d. A simplified site plan will be re- will be computed as equal to 3/20 (15
quired as part of the application. percent) of the transportation capital ex-
pansion fee for a single-family dwelling.
2. A permit for an extended family dwelling This fee covers the three-year duration of
used to house immediate family members the permit. An additional fee in the above
for reasons other than age or disability, or amount is required for any subsequent
on lots or parcels containing fewer than extension of an extended family dwelling
four acres, may be issued by the county permit.
commissioners after a public hearing with
notice to property owners within at least H. Riding horses. Riding horses for the use of
500 feet of the boundaries of the lot or the occupants of the lot and their guests are
parcel on a finding that the following allowed in all zoning districts that allow single-
standards and conditions have been met: family dwellings, provided the number of horses
a. There is a legitimate family hard- does not exceed one horse per one-half acre of lot.
ship that justifies the need for an I. Business accessory dwelling units. A single-
extended family dwelling; family dwelling unit for an owner, operator, care-
b. The extended family dwelling will taker or employee of the principal use or business
not substantially adversely impact located on the lot is allowed in the RFLB-Red
the surrounding area; Feather Lakes Business zoning district.
c. The extended family dwelling will be 1. One business accessory dwelling unit per
removed within three months from lot is allowed.
the date of the expiration of the
permit, unless an application for land 2. A minimum of one off-street parking space
division is submitted; shall be provided for an accessory busi-
ness dwelling unit containing 800 square
d. All applicable capital expansion fees feet of gross floor area or less and two
will be paid; and off-street parking spaces for a unit greater
e. In no event will a lot or parcel used than 800 square feet, in addition to the
for an extended family dwelling be required parking for the principal use or
less than four acres, unless public business.
sewer service is used by the princi-
3. The accessory dwelling unit shall be occu-
pal dwelling and the extended fam-
pied only by the owner, operator, care-
ily dwelling; and
taker or an employee of the principal use,
f. A simplified site plan will be re- plus his or her immediate family.
quired application.
4. Site plan approval is required.
Note: Permits issued under this sub-
section are effective for such period J. Accessory outdoor commercial storage. The
of time as the county commissioners storage of materials, equipment, products and
determine is appropriate based on any other goods that are clearly incidental and

Supp. No. 13 LUC4:68

 ZONING 4.3.10

subordinate to the principal business, commercial K. Accessory outdoor display and sales. The
or industrial use of the property. Parking of em- outdoor display of merchandise for sale and which
ployee and customer vehicles is not accessory outdoor display is clearly secondary and inciden-
outdoor commercial storage. Accessory outdoor tal to the principal use of the property.
commercial storage areas that cannot meet all the
1. The accessory outdoor display area must
following requirements require review and ap-
be outside any parking, traffic circulation,
proval through the minor special review process.
right-of-way and/or landscaping area that
1. Accessory outdoor commercial storage ar- serves the site.
eas must be effectively screened from any 2. The accessory outdoor display area must
adjacent property zoned to allow residen- be outside the sight triangle at any inter-
tial uses (See section 8.5, landscaping). section or driveway as determined by the
2. Accessory outdoor commercial storage ar- urban area street standards or the rural
eas cannot cover an area larger than the area road standards.
principal building on the site or 50 per- 3. The accessory outdoor display area can-
cent of the total area of the site, which- not be any larger than the square footage
ever is greater. of the principal building on the lot.
3. Accessory outdoor commercial storage ar- 4. Accessory outdoor display areas must be
eas must be maintained in a orderly man- effectively screened from any adjacent prop-
ner with no junk, trash or debris. erty zoned to allow residential uses (See
4. Adequate emergency access lanes must be section 8.5, landscaping).
maintained around and through the stor- 5. Accessory outdoor display and sales items
age area. are displayed outdoors only when the prin-
5. Accessory outdoor commercial storage must cipal use is open for business.
be outside any parking, traffic circulation, 6. Accessory outdoor display and sales is
right-of-way and/or landscaping area that permitted only in the T-Tourist, B-Busi-
serves the site. ness, C-Commercial, I-Industrial and RFLB
Red Feather Lakes Business zoning dis-
6. Accessory outdoor commercial storage must
tricts or in conjunction with any use that
be outside the sight triangle at any inter-
is approved through the Minor Special
section or driveway as determined by the
Review, Special Review or Special Excep-
urban area street standards or the rural
tion processes when the display and sales
area road standards.
is specifically approved as part of the
7. Accessory outdoor commercial storage is application or where the display and sales
permitted only in the C-Commercial, I-In- is specifically approved as part of the
dustrial and I-1 Industrial zoning dis- expansion of a nonconforming retail use
tricts or in conjunction with any use that pursuant to section 4.8.10 or the acces-
is approved through the minor special sory outdoor display and sales is specifi-
review, special review or special exception cally approved as part of a PD, planned
processes when the accessory outdoor stor- development zoning district.
age is specifically approved as part of the
L. Accessory wind generator. Each lot may in-
application or when the expansion of a
clude a wind generator for the use of the property
nonconforming business, commercial or
owner. An accessory wind generator that cannot
industrial use is approved pursuant to
meet all the following standards requires review
section 4.8.10 and the approval specifi-
and approval through the minor special review
cally includes accessory outdoor storage
process. A wind generator must meet the follow-
or when the accessory outdoor storage is
ing standards:
specifically approved as part of a PD,
planned development zoning district. 1. One wind generator per lot is allowed.

Supp. No. 13 LUC4:69

4.3.10 LARIMER COUNTY LAND USE CODE

2. The lot must be at least one acre. Treatment Facilities, Colorado Department of
Health and Environment, Water Quality Control
3. The hub height of the wind generator
Commission or a facility for the treatment of raw
must not exceed 40 feet.
water to meet the water quality requirements
4. The wind generator must be setback from contained in the Colorado Primary Drinking Wa-
property lines, public rights-of-way and ter Regulations.
access easements at least two times the
hub height of the generator. C. Water storage facility. A pond, lake, tank or
basin, natural or manmade, used for the storage,
5. The wind generator must be painted or
regulation and/or control of water.
coated a non-reflective white, grey or other
neutral color. D. Radio and television transmitter. A facility
6. The wind generator must not be artifi- consisting of antennas and transmitters for send-
cially illuminated. ing oral and visual programs to the public.
7. The wind generator must not be used to E. Commercial mobile radio service. Telecom-
display advertising. munications transmission utilities providing ap-
8. Electrical controls must be wireless or purtenant services, including cellular telephone,
underground and power lines must be personal communications service (PCS), special-
underground except for an interconnec- ized mobile radio (SMR), enhanced specified mo-
tion to an existing above ground power bile radio (ESMR), paging, wireless Internet ac-
grid. cess and similar commercial services.

9. Noise emanating from the wind generator F. Power plant. A facility designed, constructed
must be in compliance with Larimer and operated to generate electric power by steam,
County Code Chapter 30, Article V, Noise. wind, solar, water or other means.
(Res. No. 06172003R009, 6-17-2003; Res. No.
03302004R001, § 1(Exh. A), 3-15-2004; Res. No. 4.3.12. Reserved.
12062005R012, Exh. A, Item 1, 12-6-2005; Res.
No. 05022006R001, Exh. A, 5-2-2006; Res. No. Editor’s note—Res. No. 02172009R010, Exh. A, adopted
Feb. 17, 2009, deleted § 4.3.12, which pertained to pet animal
09122006R002, Exh. A, 9-12-2006; Res. No. regulations and derived from Res. No. 02172009R010, § 1(Exh.
04102007R018, Exh. A, 4-10-2007; Res. No. A), adopted Mar. 15, 2004.
08212007R002, Exh. A, 8-21-2007; Res. No.
08212007R004, Exh. A, 8-21-2007; Res. No.
01292008R003, Exh. A, 1-29-2008; Res. No. 4.4. AMENDING THE OFFICIAL ZONING
06032008R003, Exh. A, 6-3-2008; Res. No. MAP (REZONING)
10282008R004, Exh. A, 10-28-2008; Res. No.
02172009R010, Exh. A, 2-17-2009) 4.4.1. Purpose.

4.3.11. Utilities. The purpose of this section is to provide the

method for changing boundaries of zoning dis-
A. Utility substation. Any electric transmis-
tricts or overlay zoning districts and for changing
sion lines, substations of electric utilities, major
the zone designation of a parcel as shown on the
gas regulator station, transmission and gathering
official zoning map.
pipelines and storage areas of utilities providing
natural gas or petroleum derivatives and their
appurtenant facilities. 4.4.2. Legislative amendments to the official
zoning map.
B. Treatment plant. A facility for the treat-
ment of sanitary sewage that complies with the Legislative amendments to the official zoning
minimum standards specified in the Design Cri- map must meet notice requirements of C.R.S.
teria Considered in the Review of Wastewater §§ 30-28-112 and 30-28-116, as amended.

Supp. No. 13 LUC4:70

 ZONING 4.5.1

4.4.3. Quasi-judicial amendments to the offi- H. In order to establish or enlarge a GMA

cial zoning map. district, the county commissioners must
also find that the criteria in subsection
Quasi-judicial amendments to the official zon- 4.2.1.B.3 have been met; and
ing map must meet all notice requirements of
I. The county commissioners may exclude or
section 12.3 (notice of public hearing).
remove an area from an established GMA
district boundary if they find one or more
4.4.4. Review criteria for zone or overlay of the review criteria in subsection 4.2.1.B.3
zone district boundary or zone desig- can no longer be met.
nation changes. (Res. No. 05022006R001, 5-2-2006)
To approve an amendment to the zoning dis- 4.4.5. Process for changes to zone or overlay
trict boundaries, overlay district boundaries or zone district boundaries or zone des-
zone designation of a parcel on the official zoning ignations.
map, the county commissioners must consider the
following review criteria and find that each crite- All applications for zone district boundary
rion has been met or determined to be inapplica- changes or zone designation changes require a
ble: preapplication conference, sketch plan review,
planning commission review and county commis-
A. The proposed change is consistent with sioner review. Each of these processes is described
the master plan; in section 12.2 (development review procedures).
(Res. No. 02252003R001, 2-25-2003; Res. No.
B. The proposed change is compatible with 04292003R005, 4-29-2003)
existing and allowed uses on properties in
the neighborhood and is the appropriate 4.4.6. Drafting errors on the official zoning
zoning for the property; map.
C. Conditions in the neighborhood have The planning director is authorized to change
changed to the extent that the proposed the official zoning map when the public record
change is necessary; clearly indicates the official zoning map does not
accurately depict zone district and overlay zone
D. The proposed change does not result in district boundaries or zone designations and sub-
significant adverse impacts on the natu- sequent amendments to those boundaries or zone
ral environment; designations approved by the county commission-
ers. Official zoning maps amended under this
E. The proposed change addresses a commu-
section of the code must be signed by the county
nity need;
commissioners and recorded with the county clerk
F. The proposed change results in a logical and recorder.
and orderly development pattern in the
neighborhood;
4.5. SPECIAL REVIEW AND MINOR
G. In order to approve a rezoning to PD- SPECIAL REVIEW*
planned development district, the subject
parcel must be within a growth manage- 4.5.1. Purpose.
ment area overlay zone district or the A. Some land uses may or may not be compat-
LaPorte Plan Area or other adopted sub- ible with uses allowed in a given zoning district
area plan, and the county commissioners depending on the specific location and character-
must also find that the proposed land use
type, density and intensity are consistent *Editor’s note—Res. No. 06172003R009, adopted June
17, 2003, amended § 4.5 in its entirety to read as set forth
with the applicable supplementary regu- herein. Formerly, § 4.5 pertained to special review, and de-
lations, if any, or with the LaPorte Area rived from the Land Use Code as amended by Res. No.
Plan or other adopted sub-area plan; 04292003R005, adopted Apr. 29, 2003.

Supp. No. 13 LUC4:70.1

4.5.1 LARIMER COUNTY LAND USE CODE

istics of the proposed use. Uses allowed by special B. Outside a GMA district, the proposed use
review or minor special review are not uses by is consistent with the county master plan.
right but uses that may be approved if the appli- Within a GMA district, the proposed use
cant can demonstrate that the proposed use com- is consistent with the applicable supple-
plies with review criteria in subsections 4.5.3 or mentary regulations to the GMA district,
4.5.5. or if none, with the county master plan or
county adopted sub-area plan;
B. The purpose of special review and minor
special review is to address potential impacts of C. The applicant has demonstrated that this
certain land uses on existing and allowed uses in project can and will comply with all appli-
the same neighborhood. The process considers the cable requirements of this code;
location, design, configuration, intensity, density, D. The proposed use will not result in a
natural hazards and other relevant factors per- substantial adverse impact on property in
taining to the proposed use. The county commis- the vicinity of the subject property; and
sioners may impose conditions on the proposed
use to limit or address potential negative impacts E. The recommendations of referral agencies
on the environment, surrounding properties, util- have been considered.
ities and county facilities and services. The county F. The applicant has demonstrated that this
commissioners may approve a special review or project can meet applicable additional cri-
minor special review that results in more than teria listed in the section 4.3 use descrip-
one principal building on the same lot upon find- tions.
ing that the uses are compatible and together do (Res. No. 06172003R009, 6-17-2003; Res. No.
not constitute a negative impact on the surround- 05022006R001, 5-2-2006; Res. No. 06032008R003,
ing area. Exh. A, 6-3-2008)
(Res. No. 06172003R009, 6-17-2003)
4.5.4. Conditions of approval for special re-
4.5.2. Applicability. view applications.
Only those uses designated as special review A. The planning director and planning com-
uses in section 4.1 (zoning districts) and minor mission may recommend and the county commis-
special review uses in section 4.3.10 above may be sioners may impose conditions on a special review
approved through this process. The designation of use necessary to:
a use as a special review or minor special review
use does not guarantee the use will be approved. 1. Accomplish the purposes and intent of
The planning commission and county commission- this Code and the master plan;
ers evaluate each proposed use for compliance 2. Prevent or minimize adverse effects on
with the review criteria detailed in this section. the public, neighborhoods, utilities and
(Res. No. 06172003R009, 6-17-2003; Res. No. county facilities and services; and
12092003R001, Exh. A., 11-10-2003)
3. Ensure compatibility of land uses.
4.5.3. Review criteria for special review ap- B. These conditions of approval may include,
plications. but are not limited to:
To approve a special review application, the 1. Limitations on the size, bulk and location
county commissioners must consider the follow- of buildings;
ing review criteria and find that each criterion
2. Limitations on the intensity and extent of
has been met or determined to be inapplicable:
the proposed use;
A. The proposed use will be compatible with
3. Standards for landscaping, buffering, and
existing and allowed uses in the surround-
lighting;
ing area and be in harmony with the
neighborhood; 4. Adequate ingress and egress;

Supp. No. 13 LUC4:70.2

 ZONING 4.5.6

5. A specific, limited time period to complete F. The applicant has demonstrated that this
the project; and project can meet applicable additional cri-
teria listed in the section 4.3 use descrip-
6. Limitations on hours of operation. tions.
(Res. No. 06172003R009, 6-17-2003; Res. No.
C. These conditions must be included in a 05022006R001, 5-2-2006; Res. No. 06032008R003,
development agreement signed by the applicant Exh. A, 6-3-2008)
and the county commissioners and recorded with
the county clerk and recorder. The development
4.5.6. Conditions of approval for minor spe-
agreement must comply with section 12.6 (post
cial review applications.
approval requirements) of this code.
A. The planning director may recommend and
D. County commissioners may require the ap- the county commissioners may impose conditions
plicant to post sufficient collateral to ensure the on a minor special review use necessary to:
timely completion of any improvements required
1. Accomplish the purposes and intent of
or needed to address potential impacts of the
this code and the master plan;
proposed use. The amount and type of collateral
must be detailed in the development agreement 2. Prevent or minimize adverse effects on
and be consistent with section 12.6. the public, neighborhoods, utilities and
(Res. No. 06172003R009, 6-17-2003) county facilities and services; and
3. Ensure compatibility of land uses.
4.5.5. Review criteria for minor special re-
view applications. B. These conditions of approval may include,
but are not limited to:
To approve a minor special review application 1. Limitations on the size, bulk and location
the county commissioners must consider the fol- of buildings;
lowing review criteria and find that each criterion
has been met or determined to be inapplicable: 2. Limitations on the intensity and extent of
the proposed use;
A. The proposed use will be compatible with
3. Additional requirements for landscaping,
existing and allowed uses in the surround-
buffering, screening and lighting;
ing area and be in harmony with the
neighborhood; 4. Adequate ingress and egress;

B. Outside a GMA district, the proposed use 5. Limiting the use to the owner of the
is consistent with the county master plan. property at the time of approval;
Within a GMA district, the proposed use 6. A specific, limited time period to complete
is consistent with the applicable supple- the project;
mentary regulations to the GMA district,
or if none, with the county master plan; 7. Limitations on hours of operation; and
8. Limitations on the duration of the use.
C. The applicant has demonstrated that this
project can and will comply with all appli- C. These conditions must be included in a
cable requirements of this code; development agreement signed by the applicant
and the county commissioners and recorded with
D. The proposed use will not result in a the county clerk and recorder. The development
substantial adverse impact on other prop- agreement must comply with section 12.6 (post
erty in the vicinity of the subject property; approval requirements) of this code.
and
D. County commissioners may require the ap-
E. The recommendations of referral agencies plicant to post sufficient collateral to ensure the
have been considered. timely completion of any improvements required

Supp. No. 13 LUC4:70.3

4.5.6 LARIMER COUNTY LAND USE CODE

or needed to address potential impacts of the 4.5.10. Post approval requirements.

proposed use. The amount and type of collateral
must be detailed in the development agreement A. Prior to beginning any construction or the
and be consistent with section 12.6. commencement of the approved use, the applicant
(Res. No. 06172003R009, 6-17-2003; Res. No. must comply with section 12.6 (post approval
02172009R010, Exh. A, 2-17-2009) requirements).

B. Site plan review under section 6 of this code

4.5.7. Minor deviations. is required before an application for a building
Technical, engineering or other considerations permit can be accepted by the building depart-
during construction or operation may necessitate ment. Site plan review may be concurrent with
minor deviations from the approved special re- the special review or minor special review pro-
view or minor special review plans. The planning cess. The planning director may approve a sim-
director may approve minor deviations if they plified site plan where he/she determines it is
comply with this code and are consistent with the appropriate. A building permit is required for the
intent of the original approval. The planning construction of any buildings or structures on the
director's approval must be in writing. The deci- site.
sion of the planning director may be appealed to (Res. No. 06172003R009, 6-17-2003)
the county commissioners pursuant to section 22
(appeals). 4.5.11. Expiration of approval.
(Res. No. 06172003R009, 6-17-2003)
Special review and minor special review ap-
provals automatically expire without a public
4.5.8. Amendments.
hearing if the use is not commenced within three
Changes to approved special review or minor years of the date of approval.
special review plans that the planning director (Res. No. 06172003R009, 6-17-2003)
determines are not minor deviations require ap-
proval through the special review or minor special
review process. This requires a new application 4.6. ZONING VARIANCES
and receives full review under the process de-
scribed below. The planning director may, how- 4.6.1. Purpose.
ever, waive sketch plan review and a portion of
the application fees. The purpose of a zoning variance is to grant a
(Res. No. 06172003R009, 6-17-2003) landowner relief from certain standards in this
code where, due to exceptional narrowness, shal-
4.5.9. Process. lowness or shape of a specific piece of property or
by reason of exceptional topographic conditions or
All applications for special review require a other extraordinary and exceptional situations or
pre-application conference, sketch plan review, conditions of the property, the strict application of
neighborhood meeting, planning commission re- the standard(s) would result in peculiar and ex-
view and county commissioner review. Each of ceptional practical difficulties or exceptional and
these processes is described in section 12.2 (de- undue hardship on the property owner.
velopment review procedures). (Res. No. 07192005R010, Exh. A, 7-19-2005)
All applications for minor special review re-
quire a pre-application conference, a neighbor- 4.6.2. Applicability.
hood meeting and county commissioner review. When consistent with the review criteria listed
The planning director may waive the neighbor- below, the board of adjustment may grant zoning
hood meeting, in writing, if he/she determines the variances:
meeting would not benefit the county commission-
ers' review of the application. A. From the minimum setback requirements
(Res. No. 06172003R009, 6-17-2003) of sections 4.1.1 through 4.1.21 and 4.1.23;

Supp. No. 13 LUC4:70.4

 ZONING 4.6.7

B. From the maximum structure height re- 4.6.4. Conditions of approval.

quirements of sections 4.1.1 through 4.1.21
A. The board of adjustment may impose con-
and 4.1.23; and
ditions on a zoning variance necessary to accom-
C. From the minimum setback requirements plish the purposes and intent of this code and the
and maximum height requirements of sec- master plan and to prevent or minimize adverse
tions 4.9.1 and 4.9.2. impacts on the general health, safety and welfare
(Res. No. 07192005R010, Exh. A, 7-19-2005; Res. of property owners and area residents.
No. 04282009R001, Exh. A, 4-28-2009) B. All approved zoning variances run with the
land, unless conditions of approval imposed by
4.6.3. Review criteria. the board of adjustment specify otherwise.
C. All zoning approved variances automati-
To approve a zoning variance application, the cally expire within one year of the date of ap-
board of adjustment must consider the following proval, unless the applicant takes affirmative
review criteria and find that each criterion has action consistent with the approval.
been met or determined to be inapplicable
D. The board of adjustment may require, as a
A. There are special circumstances or condi- condition of approval, that the applicant sign a
tions, such as exceptional topographic con- development agreement to ensure completion of
ditions, narrowness, shallowness or the any public improvements related to the approved
shape of property, or other extraordinary zoning variance.
and exceptional situation or condition of (Res. No. 07192005R010, Exh. A, 7-19-2005)
such piece of property, that are peculiar to
the land or structure for which the vari- 4.6.5. Process.
ance is requested;
All applications for zoning variances require a
B. The special circumstances are not the pre-application conference and a public hearing
result of actions or inactions by the appli- before the board of adjustment. If the planning
cant or the current owner; director determines a zoning variance may have a
significant impact on a neighborhood, a neighbor-
C. The strict interpretation and enforcement hood meeting is also required. Each of these
of the provisions of the code would cause processes is described in section 12.2 (develop-
an unnecessary and undue hardship; ment review procedures). All board of adjustment
decisions must be recorded with the county clerk
D. Granting the variance is the minimum and recorder.
action that will allow use of the land or (Res. No. 07192005R010, Exh. A, 7-19-2005)
structure;
4.6.6. Decisions of board of adjustment are
E. Granting the variance will not result in a final.
substantial adverse impact on other prop-
erty in the vicinity of the subject land or All board of adjustment decisions with regard
structure; to a zoning variance are final. Decisions can be
appealed to court.
F. Granting the variance is consistent with (Res. No. 07192005R010, Exh. A, 7-19-2005)
the purpose of this code and the master
plan; and 4.6.7. Administrative variance.
G. The recommendations of referral agencies The administrative variance process requires a
have been considered. pre-application conference and review by the plan-
(Res. No. 07192005R010, Exh. A, 7-19-2005; Res. ning director. Administrative variances automat-
No. 05022006R001, 5-2-2006) ically expire if not acted upon within 12 months of

Supp. No. 13 LUC4:70.5

4.6.7 LARIMER COUNTY LAND USE CODE

the date of the written approval of the planning by the planning director, have been
director. The decision of the planning director notified and they have indicated they
may be appealed to the board of adjustment. See support the variance request;
section 22, appeals.
3. No portion of the original building or
A. The planning director is hereby autho- the proposed addition is within the
rized to approve administrative variances future right-of-way identified by the
from the required 100-foot setback from Larimer County Functional Road
the centerline of streams, creeks and riv- Classification.
ers up to 50 percent of the required set- 4. The review criteria in section 4.6.3
back provided the following criteria are are met or determined to be inappli-
met. cable.
1. The review criteria for a setback C. The planning director is hereby autho-
variance in section 4.6.3 are met or rized to approve administrative variances
determined to be inapplicable; from the required setback on one side of a
corner lot for an addition to an existing
2. The proposed building site is not
building which is nonconforming with re-
within a wetland area;
spect to the required street or road set-
3. The proposed building site is not back provided the following criteria are
within a 100-year floodplain; and met.
4. The proposed building site is not 1. The building is nonconforming with
within any federally designated regards to the street or road setback
threatened or endangered species crit- that is not along the front lot line.
ical habitat. 2. The proposed addition must not come
B. The planning director is hereby autho- any closer to the road than the exist-
rized to approve administrative variances ing building.
from the county road setback require- 3. The lot is less than one-half acre in
ments listed in section 4.9.1.B. for addi- size.
tions to existing buildings which are non-
4. Written documentation has been pro-
conforming with respect to county road
vided to the planning department
setbacks, subject to the following criteria:
that the property owners in the vi-
1. The proposed addition must meet cinity of the proposal as defined in
the following minimum setbacks: the land use code, or as determined
by the planning director, have been
a. Arterial roads-90 feet from ROW
notified and they have indicated they
centerline;
support the variance request;
b. Major collector roads-80 feet
5. No portion of the original building or
from ROW centerline;
the proposed addition is within the
c. Minor collector roads-60 feet future right-of-way identified by the
from ROW centerline; Larimer County Functional Road
d. Local roads-55 feet from ROW Classification or the Colorado Depart-
centerline. ment of Transportation.
6. The review criteria for a setback
2. Written documentation has been pro-
variance in section 4.6.3 are met or
vided to the planning department
determined to be inapplicable.
that the property owners in the vi-
cinity of the proposal as defined in D. The planning director is hereby autho-
the land use code, or as determined rized to approve administrative variances

Supp. No. 13 LUC4:70.6

 ZONING 4.7.4

from all setback requirements up to ten B. The recommendations from referral agen-
percent of the required setback after find- cies have been considered;
ing the proposed setback is consistent
C. The proposed use will not result in a
with the intent and purpose of this code.
substantial adverse impact on other prop-
(Res. No. 09262006R024, Exh. A, Item 5, 9-26-
erty in the vicinity of the subject property;
2006; Res. No. 01232007R005, Exh. A, 1-23-2007;
Res. No. 04102007R008, Exh. A, 4-10-2007; Res. D. The applicant has demonstrated that this
No. 04102007R009, Exh. A, 4-10-2007; Res. No. project can and will comply with all appli-
04012008R002, Exh. A, 4-1-2008; Res. No. cable requirements of this code;
04282009R001, Exh. A, 4-28-2009) F. There is reasonable justification for the
use being at the proposed location rather
than in a municipality or where zoning
4.7. ZONING SPECIAL EXCEPTIONS
would allow the use by right or by special
review;
4.7.1. Purpose.
G. The nature of the proposed use and its
Occasionally, a use is proposed that is not
operations are such that there are signif-
allowed in the applicable zoning district. The
icant benefits to the public to be located
county commissioners may grant a special excep-
where proposed; and
tion to allow the proposed use, if it determines the
proposed use will not result in negative impacts H. The proposed use is consistent with the
on the neighborhood or county facilities and ser- county master plan.
vices and appropriate conditions are attached to (Res. No. 07192005R010, Exh. A, 7-19-2005; Res.
the approval. No. 05022006R001, 5-2-2006)
(Res. No. 07192005R010, Exh. A, 7-19-2005)
4.7.4. Conditions of approval.
4.7.2. Applicability.
A. The county commissioners may impose con-
Only those uses that are not otherwise allowed ditions on a special exception use necessary to
by right, minor special review or special review, in accomplish the purposes and intent of this code
a particular zoning district may be granted through and the master plan; prevent or mitigate adverse
this process, except that the county commission- effects on the public, neighborhoods, utilities and
ers are not authorized to grant use changes (spe- county facilities; and ensure compatibility of land
cial exceptions) in a GMA district, PD-district or uses.
in the LaPorte Planning Area. The county com-
missioners evaluate each proposed special excep-
tion use for compliance with the review criteria in
this section and the development standards that
apply to all development.
(Res. No. 10052004R001, Exh. A, 10-5-2004; Res.
No. 07192005R010, Exh. A, 7-19-2005)

4.7.3. Review criteria.

To approve a special exception application, the
county commissioners must consider the follow-
ing review criteria and find that each criterion
has been met or determined to be inapplicable:
A. The proposed use will be compatible with
existing and allowed land uses in the
surrounding area and will be in harmony
with the neighborhood;

Supp. No. 13 LUC4:70.7

 ZONING 4.8.2

B. These conditions may include, but are not 4.7.7. Process.

limited to:
All applications for special exception require a
1. Limitations on the size, bulk and location pre-application conference, sketch plan review, a
of buildings; neighborhood meeting, planning commission re-
2. Limitations on the extent and intensity of view and county commissioner review. Each of
the proposed use; these processes is described in section 12.2 (de-
velopment review procedures). All county commis-
3. Standards for landscaping, buffering and sioner decisions concerning special exceptions must
lighting; be recorded with the county clerk and recorder.
(Res. No. 07192005R010, Exh. A, 7-19-2005)
4. Requirements for adequate ingress and
egress;
4.7.8. Reserved.
5. A specific, limited time period to complete
Editor’s note—Res. No. 04102007R008, Exh. A, adopted
the project; Apr. 10, 2007, deleted § 4.7.8, which pertained to decisions of
the board of adjustment are final. This section bore no history
6. Limitation on the duration of the use; and note.

7. Limitations on the hours of operation.

4.8. NONCONFORMITIES*
C. The county commissioners may require, as
a condition of approval, that the applicant sign a
development agreement (see section 12.6 (post- 4.8.1. Purpose.
approval requirements) to ensure completion of
any public improvements related to the approved This section governs uses, building and struc-
special exception. tures (except signs), and lots that were legally
(Res. No. 07192005R010, Exh. A, 7-19-2005) established prior to the adoption of this code but
that do not comply with one or more requirements
4.7.5. Minor deviations. of this code. The provisions of this section are
intended to recognize the interests of property
Technical, engineering or other considerations owners in continuing and putting to productive
during construction or operation may necessitate use nonconforming uses, buildings, structures and
minor deviations from the approved plans. The lots while also encouraging as many aspects of
planning director may approve minor deviations such uses, buildings, structures and lots to be
if they comply with this code and are consistent brought into conformance with this code as is
with the intent of the original special exception reasonably practicable.
approval. The planning director's approval must (Res. No. 09122006R002, Exh. A, 9-12-206)
be in writing. The decision of the planning direc-
tor can be appealed to the county commissioners. 4.8.2. Nonconforming use.
(Res. No. 07192005R010, Exh. A, 7-19-2005)
A nonconforming use is an existing use that
4.7.6. Amendments. does not comply with the requirements of this
code but did conform to all applicable regulations
Changes to approved special exception plans in effect at the time the use commenced.
that the planning director determines are not (Res. No. 09122006R002, Exh. A, 9-12-206)
minor deviations require approval through the
*Cross reference—Buildings and building regulations,
special exception process. This requires a new
ch. 10.
application and receives full review under the Note—A land use that existed legally before the adoption
process described below. of this code and does not comply with this code is considered a
(Res. No. 07192005R010, Exh. A, 7-19-2005) nonconforming use.

Supp. No. 11 LUC4:71

4.8.3 LARIMER COUNTY LAND USE CODE

4.8.3. Nonconforming building or structure. 4.8.8. Reserved.

A nonconforming building or structure is an 4.8.9. Destruction.

existing building or structure that does not com-
A. If a nonconforming building or structure is
ply with the requirements of this code but did
destroyed (i.e., incurs damages of more than 50
conform to all applicable regulations in effect at
percent of the building or structure's replacement
the time the building or structure was con-
cost) by a calamity beyond the control of the
structed.
property owner, other than a flood, the property
(Res. No. 09122006R002, Exh. A, 9-12-206)
owner may repair or replace the nonconforming
building or structure, provided that he/she sub-
4.8.4. Continuation of a nonconforming use. mits a complete building permit application within
12 months of the calamity. The nonconforming
A nonconforming use may be continued. Nor-
building or structure may only be replaced in the
mal or routine repairs and maintenance of a
same location and size as the original building or
building, structure or area containing a noncon-
structure. Nonconforming buildings or structures
forming use are allowed. Normal or routine re-
damaged or destroyed by flood must meet the
pairs and maintenance do not include any repairs
requirements of subsection 4.2.2 (floodplain over-
or maintenance that enlarge a building, structure
lay district).
or area containing a nonconforming use.
(Res. No. 09122006R002, Exh. A, 9-12-206) B. If a building or structure containing a non-
conforming use is destroyed by a calamity beyond
4.8.5. Substitution of uses. the control of the property owner, the property
owner may reestablish the nonconforming use
A nonconforming use may not be replaced by and may repair or replace the building or struc-
another nonconforming use. ture, provided that he/she submits a complete
(Res. No. 09122006R002, Exh. A, 9-12-206) building permit application within 12 months of
the calamity. The building or structure containing
4.8.6. Discontinuance of a nonconforming the nonconforming use and the nonconforming
use. use may only be replaced in the same location,
size and character as the original building or
If a nonconforming use is discontinued for structure and use.
more than 12 consecutive months, the use may (Res. No. 09122006R002, Exh. A, 9-12-206)
not be reestablished. If a question arises as to
whether a nonconforming use has been discontin- 4.8.10. Extension, expansion, enlargement or
ued, the property owner has the burden to show change in character.
by competent evidence that the nonconforming A. A nonconforming use or a building or struc-
use has not been discontinued. ture that contains a nonconforming use cannot be
(Res. No. 09122006R002, Exh. A, 9-12-206) extended, expanded, enlarged or changed in char-
acter without the approval of the county commis-
4.8.7. Continuation of nonconforming build- sioners.
ing or structure. B. A nonconforming building or structure can-
A nonconforming building or structure may not be extended, expanded, enlarged or changed
continue to be used and occupied. Normal or in character without the approval of the county
routine repairs and maintenance of a nonconform- commissioners except where the building is non-
ing building or structure are allowed. A noncon- conforming only as to a required setback and the
forming building or structure may not, however, following conditions are met:
be repaired or altered in a way that would in- 1. The proposed addition is not more than 25
crease the degree of nonconformity with respect percent of the square footage of the origi-
to this code. nal building and is not more than 1,000
(Res. No. 09122006R002, Exh. A, 9-12-206) square feet;

Supp. No. 11 LUC4:72

 ZONING 4.8.12

2. The proposed addition is outside the re- 4. Whether the new use is different in kind
quired setback; and on its effect on the neighborhood. (For
example, has there been a change in en-
3. No portion of the original building or the
vironmental influences on the neighbor-
proposed addition is within the future
hood, such as light, noise or air quality).
right-of-way identified by the Larimer
(Res. No. 09122006R002, Exh. A, 9-12-206)
County Functional Road Classification or
the Colorado Department of Transporta-
tion. 4.8.11. Review Criteria for requests to ex-
tend, expand, enlarge or change the
C. A use that is nonconforming because it has character of a nonconforming use,
been changed by regulation from a use by right to building or structure.
a use by special review or a use by minor special
review cannot be extended, expanded, enlarged or Except for requests involving special reviews
changed in character without special review or or minor special reviews pursuant to subsection
minor special review approval by the board of 4.8.10.C, to approve a request to extend, expand,
county commissioners under section 4.5. In deter- enlarge or change the character of a nonconform-
mining whether to approve the special review or ing use, building or structure, the county commis-
minor special review, the county commissioners sioners must consider the following criteria and
will consider the entire use, not just the elements find that each has been met or determined to be
of the use sought to be extended, expanded, en- inapplicable:
larged or changed in character.
A. The proposed extension, expansion, en-
D. In determining whether there has been a largement or change will be compatible
change in character of a use, building or struc- with existing and allowed uses in the
ture, the following factors may be considered: surrounding area and be in harmony with
the neighborhood.
1. Whether there has been a change in the
nature, volume, intensity, frequency, qual- B. The proposed extension, expansion, en-
ity or degree of the use, building or struc- largement or change will not adversely
ture. (For example, has there been a sig- affect property values in the area affected
nificant increase in the number of by the proposed extension, expansion, en-
employees or traffic volume; has there largement or change.
been a change in the days or hours of
operation; or have the physical dimen- C. The proposed extension, expansion, en-
sions of the building or structure been largement or change will not impair the
increased); intent and purpose of this code and the
master plan.
2. Whether there has been a change in the (Res. No. 09122006R002, Exh. A, 9-12-206)
activity, products or services. (For exam-
ple, a dog grooming facility that has been
converted to a retail store for pet supplies 4.8.12. Conditions of approval.
could be considered a change in the char-
The county commissioners may impose condi-
acter of the use).
tions on a request to extend, expand, enlarge or
3. Whether the new use, building or struc- change the character of a nonconforming use,
ture reflects the nature and purpose of building or structure to accomplish the purposes
the prior use or structure. (For example, and intent of this code and the master plan;
an air strip used for seasonal crop dusting prevent or mitigate adverse effects on the public,
operations that is subsequently used only neighborhoods, utilities and county facilities; and
for recreational parasailing could be con- ensure compatibility of land uses. These condi-
sidered a change in the character of the tions may include a requirement that some or all
use); elements of the nonconforming use and/or that

Supp. No. 13 LUC4:73

4.8.12 LARIMER COUNTY LAND USE CODE

some or all areas of a nonconforming building, 4.9. SETBACKS, LOT REQUIREMENTS

structure or site be brought into compliance with AND STRUCTURE HEIGHT
the standards in Section 8 of this code.
(Res. No. 09122006R002, Exh. A, 9-12-206) 4.9.1. Setbacks from highways, county roads,
and all other streets and roads.
4.8.13. Process. A. Highways. Setbacks from state and federal
highways are 100 feet from the right-of-way
All applications for requests to extend, expand,
centerline or 50 feet from the right-of-way line,
enlarge or change the character of a nonconform-
whichever is greater, except those highways noted
ing use, building or structure require a pre-
below where the minimum setback is 130 feet
application conference and county commissioner
from centerline of the right-of-way or 80 feet from
review. The planning director may require a neigh-
the right-of-way line, whichever is greater:
borhood meeting if he/she determines that the
meeting would benefit the county commissioners' 1. U.S. Highway 287 from Fort Collins city
review of the application. Each of these processes limits south to the Boulder County line.
is described in section 12.2 (development review 2. Colorado Highway 68 (Harmony Road)
procedures). from Interstate 25 west to Highway 287.
(Res. No. 09122006R002, Exh. A, 9-12-206)
3. Colorado Highway 14 (Mulberry Street)
from Fort Collins city limits east to the
4.8.14. Nonconforming lots. Weld County line.
A. A nonconforming lot is a lot, parcel or tract 4. Colorado Highway 392 from Interstate
of land that does not meet one or more of the Highway 25 east to the Weld County line.
requirements of this code and:
5. U.S. Highway 34 from Mourning Drive
1. Was created by deed or other instrument east to the Weld County line.
of property transfer signed before May 5, 6. Fort Collins Expressway and those por-
1972; or tions of U.S. Highway 287 and Colorado
Highway 14 north of Fort Collins city
2. Was approved by the county commission-
limits that are four lanes.
ers on or after May 5, 1972; or
7. Colorado Highway 402 from Loveland city
3. Appears on a final plat of record approved limits east to the Weld County line.
by the appropriate authority at the time
the plat was recorded. (See definitions, B. County roads. Setbacks from Larimer County
legal lot). roads, as identified and classified on the Larimer
County Functional Road Classification Map, shall
B. Nonconforming lots must meet all require- be measured from the original right-of-way
ments of this code except minimum lot size and centerline, before any additional right-of-way was
minimum lot width-to-depth ratio. dedicated, as determined by the county engineer,
(Res. No. 09122006R002, Exh. A, 9-12-206) as follows:

Road Classification Measured from right-of-way centerline

Arterial 110 feet *
Major collector 100 feet *
Minor collector 70 feet *
Local, numbered county roads 60 feet *

*Setbacks for additions to existing buildings which are nonconforming with respect to county road
setbacks are eligible for an administrative variance procedure. See section 4.6.7.

Supp. No. 13 LUC4:74

 ZONING 4.9.3

C. All other streets and roads. maintain a distance of five feet from all lot lines.
All porches and decks with a finished floor eleva-
1. Setbacks shall be measured from the lot
tion greater than 30 inches must meet the appli-
line, nearest edge of the road easement,
cable building setbacks. No porch or deck may
nearest edge of right-of-way, or nearest
extend into or above an easement or outside a
edge of traveled way, whichever is greater.
designated building envelope.
2. Street and road setbacks are stated in
each zoning district. D. Structures. All structures must maintain a
distance of five feet from all lot lines. Structures
3. The applicable street and road setback may be located outside a building envelope unless
applies to both sides of a street or road restricted to the building envelope as part of an
adjacent to a lot or that goes through a lot. approved development. No part of any structure
When an applicable side or rear setback may extend into or above any easement.
exceeds the street or road setback, the
greater setback applies. E. Fences.
4. Setbacks do not apply to streets or roads 1. Fences for individual residential uses must
that are used for internal circulation in meet the following criteria.
multi-family, commercial, or industrial de- a. All fences are subject to sight trian-
velopments. gle standards included in the Urban
(Res. No. 01232007R005, Exh. A, 1-23-2007; Res. Area Street Standards and Rural
No. 01222008R001, Exh. A, 1-22-2008; Res. No. Area Road Standards that are part
04282009R001, Exh. A, 4-28-2009) of the technical supplement to this
code.
4.9.2. Additional setback requirements.
b. Fences in the required street and
A. Streams, creeks and rivers. The minimum road setback must not exceed eight
required setback from any stream, creek or river feet high. (Note: Any fence over six
identified on a U.S.G.S. quadrangle map is 100 feet requires a permit from the county
feet from the centerline of the water course unless building department.)
a greater setback is required by section 8.2
(wetlands); subsection 8.4 (wildlife); or section 2. Requirements for all fences other than
4.2.1 (floodplains). agricultural fences.
a. The height of fences will be mea-
B. Architectural features. Architectural fea-
sured from ground level at the base
tures such as cornices, canopies, eaves, awnings,
of the fence except that depth-of-
bay windows, window wells, cantilevered walls,
drainage channels under a fence can
chimneys and mechanical equipment may extend
not be included in the height mea-
two feet into a required setback. In all cases a
surement.
minimum setback of five feet for any structural
component or architectural feature must be main- b. The height of fences built on berms
tained from all property lines. No part of any or retaining walls must include the
building, including the architectural features men- height of the berm or wall.
tioned above may extend outside a designated (Res. No. 01232007R005, Exh. A, 1-23-2007; Res.
building envelope. No part of any building, includ- No. 04282009R001, Exh. A, 4-28-2009)
ing the architectural features mentioned above
may extend into or above any easement. 4.9.3. Setback certification.
C. Porches and decks, open, unenclosed, uncov- A. At the time of the footing and foundation
ered porches or decks, located at grade have no inspection by the building department, the prop-
setback restriction. Open, unenclosed, uncovered erty owner is required to clearly identify the
porches or decks, with the finished floor elevation boundary corners of the lot and/or building enve-
30 inches or less above the finished grade, must lope.

Supp. No. 13 LUC4:75

4.9.3 LARIMER COUNTY LAND USE CODE

B. On lots without building envelopes the owner amateur radio transmission and re-
will be required to obtain a licensed surveyor's ceiving antennas which meet the fol-
certification of the building location whenever the lowing criteria:
proposed setback is less than five feet beyond the a. The height of the tower and
required setback. antenna does not exceed the
distance to the nearest prop-
C. On lots with building envelopes the owner
erty line;
will be required to obtain a licensed surveyor's
certification whenever the proposed building lo- b. All guy wires, tiedowns and
cation is less than five feet from the boundary of other support components of the
the building envelope. antenna are installed accord-
ing to the manufacturer's spec-
D. The certification, when required, must be ifications and are located on
provided by a surveyor licensed to practice in the the same lot with the antenna;
State of Colorado. The certification may be in the and
form of a letter, which must be signed and sealed c. Foundation plans for the an-
by the licensed surveyor. The letter must include tenna are submitted with an
the number of the building permit issued for the original seal and signature of a
site in question. Colorado Licensed Engineer who
(Res. No. 01232007R005, Exh. A, 1-23-2007; Res. has documented experience re-
No. 04012008R002, Exh. A, 4-1-2008) viewing such installations.
3. The height of commercial mobile ra-
4.9.4. Lot requirements.
dio service (CMRS) facilities is regu-
A. Measuring lot width and lot depth. Lot lated by section 16 of this code.
width is measured parallel to the front lot line at 4. The maximum height of flagpoles is
the front setback. Lot depth is measured at an 40 feet in all zoning districts, pro-
angle of 90 degrees to the front lot line at the vided that the height of the flagpole
center of the front lot line. does not exceed the distance to the
nearest property line.
B. Minimum lot area. Minimum lot area, for
lots created by the land division process, may not 5. The maximum height limitations in
include any portion of an adjacent road. section 4.1 of this code do not apply
(Res. No. 01232007R005, Exh. A, 1-23-2007; Res. to radio and television transmitters,
No. 04012008R002, Exh. A, 4-1-2008) accessory wind generators approved
by minor special review, and/or small
wind energy facilities.
4.9.5. Maximum structure height.
(Res. No. 01232007R005, Exh. A, 1-23-2007; Res.
The maximum height of structures is listed in No. 04012008R002, Exh. A, 4-1-2008; Res. No.
each zoning district in section 4.1 of this code. 06032008R003, Exh. A, 6-3-2008)

A. Exceptions.
1. The maximum height limitations of
this code do not apply to church
spires; belfries; cupolas; chimneys
and other similar design or architec-
tural features or other appurtenances
that are usually installed above roof
level.
2. The height limitations of this code
do not apply to federally licensed

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5.0.

LAND DIVISION*

5.1. Subdivision
5.1.1. Purpose.
5.1.2. Applicability.
5.1.3. Review criteria.
5.1.4. Process.

5.2. Planned Land Division

5.2.1. Purpose.
5.2.2. Applicability.
5.2.3. Review criteria.
5.2.4. Process.
5.2.5. Land use and density.

5.3. Conservation Development

5.3.1. Purpose.
5.3.2. General provisions.
5.3.3. Definitions.
5.3.4. Review criteria and process.
5.3.5. Land use.
5.3.6. Residual land design.
5.3.7. Cluster design.

5.4. Minor Land Division

5.4.1. Purpose.
5.4.2. Applicability.
5.4.3. Review criteria.
5.4.4. Process.
5.4.5. Post-approval requirements.

5.5. Boundary Line Adjustment

5.5.1. Purpose.
5.5.2. Applicability.
5.5.3. Review criteria.
5.5.4. Process.

5.6. Add-On Agreement

5.6.1. Purpose.
5.6.2. Applicability.
5.6.3. Review criteria.
5.6.4. Process.

*Cross references—Any ordinance or resolution regarding subdivisions or dedicating or accepting any plat or subdivision in
the county saved from repeal, § 1-9(a)(13); buildings and building regulations, ch. 10; health, environment and natural resources,
ch. 30; zoning, pt. II, § 4.0; manufactured homes, manufactured home parks, recreational vehicle parks and campgrounds, pt. II,
§ 18.0.

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LARIMER COUNTY LAND USE CODE

5.7. Amended Plat

5.7.1. Purpose.
5.7.2. Applicability.
5.7.3. Review criteria.
5.7.4. Process.
5.7.5. Post-approval requirements.

5.8. Rural Land Use Process

5.8.1. Title.
5.8.2. Background.
5.8.3. Purposes.
5.8.4. Applicability.
5.8.5. Process.
5.8.6. Principles.
5.8.7. Incentives and benefits.

5.9. Right-of-Way and Easement Vacations

5.9.1. Purpose.
5.9.2. Applicability.
5.9.3. Review criteria.
5.9.4. Process.

5.10. Plat Vacations and Resubdivision

5.10.1. Purpose.
5.10.2. Applicability.
5.10.3. Plat vacation review criteria.
5.10.4. Resubdivision review criteria.
5.10.5. Plat vacation process.
5.10.6. Resubdivision process.

5.11. Street and Road Naming

5.11.1. Purpose.
5.11.2. Applicability.
5.11.3. Naming new roads and streets in developments and assigning
addresses.
5.11.4. Changing existing road and street names and naming unnamed
roads and streets.
5.11.5. Standards for street and road naming.

5.12. Condominium Maps

5.12.1. Purpose.
5.12.2. Applicability.
5.12.3. Process.
5.12.4. Review criteria.

5.13. Land Division Process

5.13.1. Purpose.
5.13.2. Process.
5.13.3. General development plan.
5.13.4. Preliminary plat review.
5.13.5. Final plat.
5.13.6. Building permits.

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LAND DIVISION 5.2.3

5.1. SUBDIVISION also require a general development plan review.

An applicant may choose to submit the applica-
5.1.1. Purpose. tion for general development plan review (see
section 12.2) for a single-phase subdivision.
A subdivision is intended to provide the process
for creating parcels where a conservation devel- B. An applicant for a subdivision with six or
opment or planned development is not required. fewer lots may submit the preliminary plat and
final plat applications for review by the county
5.1.2. Applicability. commissioners at one hearing. The applicant should
be aware that any changes to the preliminary plat
The subdivision process must be used to sub- required by the county commissioners could affect
divide and develop legal lots less than 30 acres the final plat application and consideration of the
(except parcels of fewer than 30 acres created by final plat could be delayed until the required
minor land division). The subdivision process may changes are made.
also be used to subdivide and develop parcels that (Res. No. 04292003R005, 4-29-2003)
have been granted an exception from conserva-
tion development requirements, those parcels which
comply with the requirements in subsection 5.3.2.I 5.2. PLANNED LAND DIVISION
and to divide parcels outside the GMA districts
that are not zoned for residential uses. 5.2.1. Purpose.

5.1.3. Review criteria. The purpose of a planned land division is to

allow flexibility in the design of urban develop-
To approve a subdivision, the county commis- ment to carry out intergovernmental agreements
sioners must consider the following review crite- between the county and municipalities located in
ria and find that each criterion has been met or the county.
determined to be inapplicable:
A. The proposed subdivision is compatible 5.2.2. Applicability.
with existing and allowed land uses in the
surrounding area; All divisions of land to create new lots in the
GMA district shall be submitted and processed as
B. The applicant has demonstrated that the planned land divisions (subsection 5.2), minor
proposed subdivision can and will comply land divisions (subsection 5.4) or rural land plans
with all applicable requirements of this (subsection 5.8). Any land in the LaPorte Plan
code; Area that has been rezoned to PD-planned devel-
C. The recommendations of referral agencies opment may only be divided through the planned
have been considered; and land division process.
(Res. No. 03232004R001, Exh. A, 2-23-2004; Res.
D. Approval of the proposed subdivision will No. 10052004R001, Exh. A, 10-5-2004)
not result in a substantial adverse impact
on other property in the vicinity of the
5.2.3. Review criteria.
proposed subdivision.
(Res. No. 05022006R001, 5-2-2006) To approve a planned land division the county
commissioners must consider the following re-
5.1.4. Process. view criteria and find that each criterion has been
met or determined to be inapplicable:
A. Any application for a subdivision requires a
pre-application conference, sketch plan review— A. The planned land division complies with
see section 12.2 (development review procedures), the applicable supplementary regulations
neighborhood meeting, preliminary plat review of the GMA district, if any, or the LaPorte
and final plat review (see section 5.13 (land divi- Area Plan or other adopted sub-area plan,
sion process)). All multiple-phase subdivisions as applicable.

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5.2.3 LARIMER COUNTY LAND USE CODE

B. The planned land division is compatible 5.3. CONSERVATION DEVELOPMENT*

with existing and allowed land uses in the
surrounding area; 5.3.1. Purpose.

C. The applicant has demonstrated that this Conservation development is intended to en-
project can and will comply with all appli- sure that residential development on parcels of 30
cable requirements of this code; acres or more (outside GMA districts) is designed
with creativity to maintain the open character of
D. The county commissioners have approved rural areas and protect and maintain agricultural
a rezoning of the land to PD-planned uses and environmentally-sensitive areas while
development; permitting development to the zoning density.
This is accomplished by clustering development
E. The recommendations of referral agencies on lots smaller than would otherwise be permit-
have been considered; and ted and keeping the remainder of the site in
residual land to:
F. Approval of the proposed planned land A. Maintain the open character of rural ar-
division will not result in a substantial eas;
adverse impact on other property in the
vicinity of the proposed planned land di- B. Protect and encourage continuation of ex-
vision. isting agricultural uses;
(Res. No. 10052004R001, Exh. A, 10-5-2004; Res.
No. 05022006R001, 5-2-2006) C. Protect and maintain environmentally-
sensitive areas or features such as steep
slopes, floodplains, hazard areas, unique
5.2.4. Process. geologic features, ridgelines, unique veg-
etation and critical plant communities,
stream corridors, wetlands or riparian
All applications for a planned land division
areas, wildlife habitat and migration cor-
require a pre-application conference, sketch plan
ridors, areas containing threatened or en-
review, general development plan review (op-
dangered species and special places of
tional for single-phase developments) neighbor-
Larimer County; and
hood meeting, preliminary plat review and final
plat review (see section 12.2, development review D. Promote compatibility with existing and
procedures). permitted adjacent land uses.
(Res. No. 04292003R005, 4-29-2003)
5.3.2. General provisions.
5.2.5. Land use and density. The following general provisions apply to all
conservation developments:
All planned land divisions must include a de-
velopment agreement (see section 12.6 (post- A. All applications for residential develop-
approval requirements)) that specifies land uses, ment of properties located outside GMA
lot coverages, densities, improvements and other districts and properties that are 30 acres
details of the development. Upon recording of the or more in size must be submitted as
final plat and development agreement for the conservation developments and must meet
planned land division, the rezoning to PD-planned all provisions of this section. Exceptions
development will be effective and the develop- include those provided in subsection H
ment agreement will be the controlling document below; properties submitted for develop-
for purposes of land use, density, improvements *Note—Conservation developments are intended to pre-
and other details of development. serve landowner rights while maintaining the open character
(Res. No. 10052004R001, Exh. A, 10-5-2004) of rural areas.

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LAND DIVISION 5.3.3

ment through the rural land use process will automatically expire. Criteria for con-
under section 5.8; and the division of sideration of an exception request in-
parcels into lots of 35 acres or more. clude, but are not limited to:
1. The size and configuration of the site
B. All conservation developments must con-
does not permit design consistent
sist of a cluster or clusters (which is the
with the purpose of conservation de-
development area of the site) and desig-
velopments.
nated private residual land.
2. Development of the site as a conser-
C. All property included within a conserva- vation development is not compati-
tion development must be contiguous. ble with existing or allowed adjacent
development.
D. The total number of dwelling units per-
mitted in a conservation development is 3. The site does not have environmen-
determined by dividing the total develop- tally sensitive areas or agricultural
able land area of the site by the minimum uses, and clustered design would not
lot size required for the applicable zoning contribute to the open character of
district. That total can not exceed the the rural area.
overall density otherwise permitted in the 4. Development of the site as a conser-
zoning district where the development is vation development may impact ad-
located. When the total number of dwell- jacent environmentally sensitive ar-
ing units calculated results in a fractional eas or agricultural uses more so than
number, any fraction can not be counted other forms of land division allowed
as an additional dwelling unit. under this code.

E. If the full density permitted within a 5. The site is a replat of an existing

conservation development is not used, the subdivision or portion of an existing
remaining permitted density may be subdivision.
achieved through a replat of the develop- Note: If county commissioners grant an
ment area. exception from the conservation develop-
ment requirement, the property may be
F. All residual land must be maintained and subdivided and developed under the sub-
remain undeveloped in perpetuity in ac- division process.
cordance with appropriate use plan for
I. Parcels that have public water and sewer
residual land and/or common area as pro-
service, are zoned R-Residential, R-1 Res-
vided in section 8.10 of this code, except in
idential, R-2 Residential, M-Multiple-
cooperative planning areas (CPAs) where
family or M-1 Multiple-family and are
a conservation development may be an
located outside growth management ar-
interim development while waiting for
eas may be developed through the subdi-
full development at urban densities in a
vision process described in section 5.1
GMA district.
(subdivision).
G. A conservation development must comply (Res. No. 11122002R001, 9-23-2002)
with all provisions of section 8 of this
code. 5.3.3. Definitions.
The following words, terms and phrases used
H. Exceptions to the requirement for a con-
in this section have the following meanings:
servation development may be granted by
the county commissioners. An application Cluster. That portion of a conservation devel-
for development of the site must be sub- opment which includes areas for the construction
mitted within three years from the date of dwellings, utilities and roads, except as noted
an exception is approved, or the exception in subsection 5.3.7.A.5.

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5.3.3 LARIMER COUNTY LAND USE CODE

Developable land. The land area in a develop- 5.3.4. Review criteria and process.
ment exclusive of land in the floodway zoning
district and land below the highwater mark of A. To approve a conservation development,
county commissioners must consider the follow-
existing bodies of water.
ing review criteria and find that each criterion
has been met or determined to be inapplicable:
Development area. That portion of a conserva- 1. The proposed conservation development
tion development that includes the cluster and is compatible with existing and allowed
other facilities for the benefit of the development land uses in the surrounding area;
area, except as noted in subsection 5.3.7.A.5.
2. The applicant for the proposed conserva-
tion development has demonstrated that
Environmentally sensitive area. An area with the proposed conservation development
one or more of the following environmental char- will comply with all applicable require-
acteristics: floodplains; geologic hazards; drain- ments of this code;
age areas; topographical conditions that may af-
3. The proposed conservation development
fect development; wildfire hazards; special places
will result in no substantial negative im-
of Larimer County; wetlands; mineral resources; pact on environmentally sensitive areas
habitat for plants and animals identified by the or features, agricultural uses or other
federal government as threatened or endangered lands;
or proposed for threatened or endangered status;
habitat for plants and animals identified as im- 4. Approval of the proposed conservation
portant species by the Colorado Division of Wild- development will not result in a substan-
life; and habitat for plants and animals identified tial adverse impact on other property in
by the Colorado Natural Heritage Program as the vicinity of the proposed conservation
ranking G1 and G2. development; and
5. The recommendations of referral agencies
have been considered.
Residual land. An area designated and pro-
tected from any activity that would significantly B. All applications for conservation develop-
alter its ecological integrity, balance, or character ment require a pre-application conference, sketch
including environmentally sensitive areas and plan review and a neighborhood meeting as de-
areas in agricultural uses. That portion of resid- scribed in section 12.2 and preliminary plat re-
ual land under separate ownership and/or de- view and final plat review as described in section
voted solely to the common use and enjoyment of 5.13. All multiple-phase conservation develop-
residents and their guests may include areas that ments also require a general development plan
are landscaped and/or left with natural vegeta- review. Single-phase conservation developments
tive cover; or areas containing recreation or lei- may be submitted for general development plan
sure facilities such as playgrounds, swimming review at the choice of the applicant.
pools, playfields, riding or bicycle trails, stables or (Res. No. 04292003R005, 4-29-2003; Res. No.
arenas. Residual land can not include land area 05022006R001, 5-2-2006)
devoted to public or private streets and sidewalks
or parking areas, except as noted in subsection 5.3.5. Land use.
5.3.7.A.5.
A. Land uses in a proposed conservation devel-
opment must be:
View corridor. A continuous, undisturbed area
1. Allowed by the applicable zoning district;
often terminating in a significant visual land-
mark, such as public open space or parks, moun- 2. Compatible with adjacent existing or ap-
tain ranges or peaks, ridgelines or bodies of water. proved uses;

Supp. No. 9 LUC5:6

 LAND DIVISION 5.3.6

3. Approved by the county commissioners;

and
4. Specified in the development agreement.
B. Where attached single-family dwellings are
proposed, no more than four such units can be
attached in a single building, and no more than 50
percent of the total dwelling units in a develop-
ment can be attached single-family dwellings.
C. Agricultural labor housing in a conserva-
tion development must be counted as part of the
allowed number of dwelling units. Four beds in an
agricultural labor housing structure equal one
dwelling unit when such housing is proposed in a
conservation development.
D. Dwelling units in the development area of a
conservation development may consist of de-
tached single-family dwellings, attached single-
family dwellings or a mix thereof. Other residen-
tial uses, including accessory uses, may also be
allowed in a conservation development under the
appropriate approval process.
E. Attached single-family dwellings constructed
in close proximity to detached single-family dwell-
ings should be constructed to look like single-
family dwellings and should incorporate such
measures as varying heights, roof pitches, roofline
offsets and front and rear facade offsets to create
the visual appearance of each unit being a sepa-
rate and distinct single-family dwelling.
F. Existing rural features on the site, such as
farmstead structures and fencing, should be pre-
served if the structures have historic value.
(Res. No. 04282009R001, Exh. A, 4-28-2009)

5.3.6. Residual land design.

A. Size and configuration
1. The minimum amount of residual land
required in a conservation development

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LAND DIVISION 5.3.6

must be 80 percent of the total develop- maximizing the protection of open space
able land area of the site unless a lesser and water quality as required by the
percentage is allowable as provided in master plan fairness principles. The den-
subsections 4, 5 or 6 below. sity bonus is to be awarded at the discre-
tion of the county commissioners upon
2. Residual land in conservation develop-
finding that there is a significant public
ments must be designed to achieve the
benefit due to the design of the conserva-
maximum contiguous amount of open space
tion development, the feature(s) being pre-
possible while avoiding the creation of
served in the residual land and the project
small, isolated and unusable areas. Roads,
complies with the standards for all devel-
pedestrian walkways and trails may con-
opment required by section 8 in this code.
nect through the residual land under the
standards in subsection 5.3.7.D. 7. Residual land includes agricultural uses
3. Conservation developments in zoning dis- and natural features located on the site,
tricts FA-Farming, E-1 Estate, R, R-1, R-2 including, but not limited to, steep slopes;
Residential, and M and M-1 Multiple- floodplain hazard areas; unique geologic
family with a minimum lot size of loss features; ridgelines; unique vegetation and
than 2.29 acres, where public sewer ser- critical plant communities; stream corri-
vice is available to the development, are dors; areas containing threatened or en-
required to provide a minimum of 50 dangered species; and special places of
percent of the total developable land area Larimer County.
as residential land. 8. Where practical, residual land should be
4. Conservation developments in the FA, located contiguous to and be connected
FA-1, and E zoning districts in areas with other residual land on the site or
outside of officially recognized sanitary residual land adjacent to the conservation
sewer service areas or within officially development boundaries. Connectivity is
recognized sanitary sewer service areas based on visual connections for residents
where it is clearly not feasible to connect of the development and, where applicable,
to sewer and where on-site septic systems physical connections for wildlife habitat.
are proposed for individual lots, are re- 9. Residual land may include such uses as
quired to provide a minimum of 50 per- pedestrian and bicycle areas, buffer areas
cent of the total developable land area as and common area devoted exclusively to
residual land. the use of the residents of the conserva-
5. When a conservation development is de- tion development and their guests.
signed to increase the average size of lots
B. Uses in residual land.
by reducing the number of dwelling units
by ten percent, the percentage of residual 1. All residual land must be maintained and
land provided may also be reduced at the remain undeveloped in perpetuity using a
discretion of the coun