The Planning Department receives a range of questions pertaining to land use daily. A list of Frequently Ask Questions (FAQs) has been compiled below in response to the most common inquiries. This page is intended to help citizens answer commonly asked questions in a more timely fashion. However, the FAQs below represent only general questions and general answers. Each property has unique characteristics and circumstances that many generate a different response than what is provided in the FAQ responses.
If you are uncertain or have further questions about your property, land use specifics or the County’s Development Code, please contact us at (970) 668-4200.
If you are unfamiliar with any of the terms used on this page, please review Chapter 15: Definitions in the Summit County Land Use and Development Code ("Development Code").
Zoning information is available be clicking the link to the Summit County Geographic Information System (GIS). However, the GIS maps are not the officially adopted zoning maps, and as such the accuracy of the GIS maps should be verified by the Summit County Planning Department. Please call or stop by the Planning Department to review the official zoning maps. We will need as much information as possible about the property, depending on the location:
• For properties in platted subdivisions, we need a legal description of the property (Subdivision, Filing number, Lot and Block Number).
• For properties in unplatted subdivisions, a physical address is necessary.
• If the property is described by metes and bounds, we need the schedule number. However, if this is not available, the section number, township, range and quarter section will suffice.
• For patented mining claims, the name(s) of the mining claim can be helpful.
For a description of the different types of zoning, please see Section 3300 (Chapter 3) in the Development Code or call the department directly. For permitted uses allowed in each zoning district, please refer to Figure 3-2: The Land Use Matrix or Figure 3-3: Land Uses by District in Chapter 3 of the Development Code, or call the Planning Department if you have any questions about this table.
Can you answer zoning questions about my property within a town? Summit County does not have jurisdiction within the incorporated towns of the county, which include Blue River, Breckenridge, Dillon, Frisco, Montezuma and Silverthorne. Therefore, if you want information about your zoning or any other specific land use question, it is necessary that you contact the town in which your property lies.
Setbacks are the required fixed distance from the property line to any structure on your property, including but not limited to roof appurtenances, chimneys, decks, and bay windows. You need to know the setbacks prior to submitting a site plan to the County for a permit.
The setback requirement varies, depending on your zoning classification, road classification, and in some cases, a building envelope established through the platting of a subdivision. Setbacks for RP and PUD districts shall be as stated in the RP plan or PUD designation. Please refer to Section 3505.13: Setbacks in Chapter 3 of the Development Code for a description, requirements, and exceptions.
General setback requirements from roads, property lines and buildings in specific zoning districts can be found in Figure 3-8: Setbacks in Chapter 3 of the Development Code.
If you are in doubt or have questions about this table, please call our office at (970) 668-4200. Be sure to include your address, schedule number, or a legal description so we can find your property on our zoning maps.
How do I measure
my setbacks?
Setbacks are measured perpendicular from the closest point of the structure
(building foundation walls, eaves, overhangs, decks, etc.) to the lot
line or parcel boundary. Setbacks must be measured for the front, sides,
and rear of the structure (applicable to a building) in relationship to
the lot line. Attached decks above 18” off the ground, steps, cantilevers,
eaves, roofs, and other appurtenances must be included in the measurement
of setbacks.
For a definition of lot lines (front, side, and rear), refer to the definitions and diagram below. Please phone or come in to our office to verify setbacks and any special plat restrictions for your property.
Lot lines: The legal boundaries of a parcel of land established by a recorded subdivision plat.
Lot lines are classified as either front, side, or rear as follows:a) front: The property line separating a lot from the street except, where a lot is bordered by more than one street, the property owner shall determine which side of the lot having street frontage is to be considered the front for setback purposes. Each lot proposed for development shall have at least one property line designated as the front lot line. Regardless of which lot line is chosen as the front, all property lines adjacent to a roadway are subject to the applicable setback from that road classification. See Figure 3-6 in Chapter 3 of the Development Code for setbacks from the different road classifications.
b) rear: The property line opposite to and furthest away from the front property line is designated as the rear property line. However, where a lot is irregular in shape, the Planning Department shall determine which property line is to be designated as the rear property line for setback purposes. Each lot proposed for development shall have at least one property line designated as the rear lot line.
c) side: Any property line bounding a lot which is not designated as either a front or rear property line.
WHAT
DO I NEED TO DO TO BUILD A HOUSE?
The Summit County Building Inspection Department, in coordination with
the Summit County Planning, Engineering, and Environmental Health Departments,
have assembled a “Homebuilders Information Booklet” to help
guide homebuilders through the building permit process. Click
here to link to the Building Department's Home Page, from which you
may access information regarding the homebuilding process in detail.
The Planning and Engineering Departments also have a handout regarding “Building a Single-family home” which you may also access.An explanation of the Planning Department’s role in the building permit process is also included in this booklet.
For more information regarding building permits, you may also visit the Building Department’s Permits page.
CAN
I BUILD A HOUSE ON THE PIECE OF VACANT LAND I OWN?
Several factors must be determined before you can build on vacant land.
First of all, the land must be a legally created lot on which to build.
A lot is defined as a contiguous parcel of land, except for intervening
easements and rights of way, with a continuous boundary where the boundaries
of the parcel are established by a subdivision plat recorded in the office
of the County Clerk and Recorder.
The property must meet all applicable zoning and regulations and have been subdivided legally. The vacant land must also be physically buildable. In other words: “Are there any environmental constraints, like wetlands or steep slopes that would obstruct or prohibit building?”; “Is there adequate infrastructure to support the new home, like a source of water, a septic system, or access to utilities?”; or, “Do you have legal access to the site for a driveway?”. These are just a few of the questions that need to be addressed when deciding to build on or purchase vacant land.
For more specific questions about building on or buying vacant land, please contact the Planning Department at (970) 668-4200.
CAN
I SUBDIVIDE MY PROPERTY?
The possibility of subdividing property is very complicated and dependent
on a number of different factors.
Colorado State Law prohibits the sale or subdivision of land less than 35 acres without going through an official subdivision process with Summit County. In fact, if you sell off a piece of property that has not been officially subdivided and is smaller than 35 acres, you are in violation of state and local law and will be unable to qualify for building permits and may even be subject to legal misconduct.
Colorado State Law does, however, allow the division of land without going through a formal county subdivision process when the resulting lots are 35 acres or greater in size.
Parcels under 35 acres may be subdivided in some cases, but only after going through a subdivision process with Summit County. This involves submitting an application for a preliminary and final plat, which will be evaluated at a public hearing by the applicable Basin Planning Commission and the Board of County Commissioners.
The ability to subdivide a parcel is determined by the parcel’s zoning and various other factors. Summit County has specific rules established, called “Subdivision Regulations”, that outline requirements for subdivisions. Please refer to Chapter 8 of the Land Use & Development Code for more information on subdivisions. However, if you would like to subdivide your property, please contact the Planning Department at (970) 668-4200 to set up a presubmittal meeting.
DO
I HAVE TO GO THROUGH A SITE PLAN REVIEW PROCESS?
Site plan review is conducted for all developments in the unincorporated
county where a building permit is also required, except for work on the
interior of a structure where the work does not result in changes to the
exterior of the structure nor in a change to the parking requirements.
Site plan review may also be conducted where modifications are being made to a site where the existing development on the site would have been subject to site plan review under the provisions of the Development Code, whether or not site plan review was required at the time the development was constructed and, whether or not a building permit is required for the modification.
The purpose of the site plan review is to ensure proposed developments comply with the following:
• County zoning regulations including use regulations, development regulations, development standards, and project compliance with the International Code Series published by the International Code Council;
• County road & bridge standards;
• County subdivision standards;
• Any previous plans approved for the site still in effect; and,
• Any conditions imposed on development of the site through previous approvals.
The following are examples of activities that usually require a site plan review:
• A new house or commercial structure on a vacant lot;
• A change of use;
• A new accessory structure, like an apartment or garage; or
• Additions to an existing structure, like a deck.
For more information regarding site plan review, please see Section 12600: Site Plans in Chapter 12 of the Development Code, or call the Planning Department at (970) 668-4200.
CAN
I MOVE MY PROPERTY’S BOUNDARY LINE?
If you and a neighbor wish to adjust the property line between your parcels,
you must have the approval of the Board of County Commissioners through
an official “lot line adjustment” process (see definition
below). To begin this process you would set up a pre-submittal meeting with the Planning Department.
For properties 35 acres or more, the lot line adjustment process is not necessary. For more information regarding adjustments, please see Chapter 8 of the Development Code.
Lot line adjustment: A lot line adjustment is the adjusting of a common property line(s) or boundaries between adjacent lots, tracts, or parcels for the purpose of accommodating a transfer of land, rectifying a disputed property line location, or freeing such a boundary from any difference or discrepancies. The resulting adjustment shall not create any additional lots, tracts, or parcels, and all reconfigured lots, tracts, or parcels shall contain sufficient area and dimension to meet minimum requirements for zoning and building purposes, including but not limited to the requirements for minimum lot sizes per the applicable zoning district.
WHAT IS A BUILDING ENVELOPE AND A DISTURBANCE ENVELOPE?
A building envelope is that area formed by the front, side, and rear building restrictions or setback lines of a lot within which the principal buildings must be contained (see illustration below). A disturbance envelope is defined as a delineated area that identifies the location within which all grading, clearing, excavation and development shall be located on a property as determined by the Review Authority, including but not limited to any septic systems, wells, dwellings, storage buildings or other structures or improvements, except as provided for in Section 8104.01.E. A building envelope may be defined via the designated setbacks per the underlying zoning. Building envelopes and disturbance envelopes may be identified on a recorded plat, Planned Unit Development (“PUD”) or attached as an exhibit to a resolution of approval. Building envelopes and/ or a disturbance envelopes can be created through the following processes: a plat, a PUD, a non-conforming parcel plan review or an approval for a setback variance. Through these processes, the County typically requires both a disturbance envelope and a building envelope. The County requires a minimum of ten feet (10’) to thirty feet (30’) separation between the building envelope and the disturbance envelope to allow enough space for disturbance associated with construction activity. Building and disturbance envelopes can also include setbacks from environmental constraints such as wetlands, streams, and steep slopes.
Through the creation of building envelopes and disturbance envelopes, through any of the aforementioned processes, restrictions are typically defined as to what can be placed outside of the building envelope and/ or disturbance envelope. Under the Rural Land Use Subdivision process, building envelopes are not to exceed three acres in size. The location of building envelopes shall conform with the design criteria of Section 8427 and to other County regulations. Once a rural land use subdivision has been recorded, the location of building envelopes may be changed through a general subdivision exemption process as provided in Section 8420 of the Development Code, provided the design criteria of Section 8427 are complied with.
HOW DOES THE COUNTY MEASURE THE HEIGHT OF A BUILDING?
The County's method for determining building height is commonly referred to as the “bulk plane” method.
Building height is normally measured from a certified topographic map (site plan) that contains the building footprint. The Building Height is the distance measured vertically from any point on a proposed or existing roof or eave (including but not limited to the roofing material) to the natural or finished grade (whichever is more restrictive) located directly below said point of the roof or eaves. This methodology for measuring height limitations can best be visualized as an irregular surface located above the building site at the height limit permitted by the underlying zoning district, having the same shape as the natural or finished grade of the building site (whichever is more restrictive).
For more information about height limits and requirements, please see Section 3505.06: Height Limits, in Chapter 3, and Figure 3-5 of the Land Use & Development Code.
Grading permits are necessary for earth-disturbing activities of 500 or more square feet. Earth-disturbing activities include grading, excavating, clearing timber or vegetation, and construction. The Engineering Department is the administrative authority for these regulations and is responsible for issuing grading permits. Click here to access the Engineering Department Webpage.
WHAT ARE MY DRIVEWAY AND PARKING REQUIREMENTS?
Whenever a property owner, developer, contractor or other individual proposes to connect a driveway or parking area to a public roadway, they must obtain approval for an access permit from the Engineering Department prior to commencing construction. Click here to access the procedure and submittal requirements for obtaining an access permit.
For more information on access permits, please see Section 5300 (Chapter 5) of the Development Code.
Whenever road construction of a driveway or parking area results in earth disturbance, the individual responsible for the construction must obtain approval for a grading permit from the Engineering Department prior to commencing construction. Click here to access the procedure and submittal requirements for obtaining a grading permit.
For more information on grading permits, please see Section 6000 (Chapter 6) of the Development Code.
On a general note:
• Opening width for driveways must not be higher than the shoulder of the road until after the ditch. The minimum opening width for single family residences is 18’ and the maximum is 24’. The opening must touch the road at 90 degrees. Please see Table 5-12 in Chapter 5 of the Development Code for commercial and other residential area driveway width requirements.
• Driveway openings must be separated by at least 30 feet, or else shall be combined.
• Only one driveway is allowed per single family residence ( no horseshoe driveways are allowed).
• Driveways shall have a maximum grade of 8% for single family residences and 6% for multi-family, industrial, and commercial developments.
• Parking areas shall have a maximum grade of 4%, and a minimum grade of 0.5% to facilitate drainage.
For more information regarding driveway and parking area requirements, please refer to the information sheets available on the Engineering website.
Parking requirements for various types of land uses can be found in Figure 3-7: Table of Parking Requirements. Parking space dimensions and parking lot layout may be found in Figure 5-14.
WHAT ARE THE SNOW STORAGE REQUIREMENTS FOR MY PROPERTY?
Unless it is proven that snow storage can be handled off site, snow storage areas must be provided on each site adjacent to paved areas and other areas to be plowed. The size of the snow storage area must be equivalent to at least 25% of paved or graveled surfaces (i.e. driveways and walkways) on the site, and shall be located to provide convenient access for snowplows. Uphill slopes of 5-10% shall count as 75% of their area towards this requirement; uphill slopes of 11-20% shall count at 50% of their area; steep uphill slopes greater than 20% are not appropriate for snow stacking, and shall not be counted in determining compliance with snow storage requirements.
Use of right-of-way for snow storage by private individuals or companies is prohibited. For more information on snow storage, please refer to Section 3505.19: (Chapter 3)
WHAT DO I DO IF THERE MAY BE WETLANDS ON MY PROPERTY?
The first step is to contact a wetlands consultant to do a wetlands delineation. The County has a list of Army Corps of Engineers certified wetlands consultants available that you can pick up, or we can fax or mail it to you.
Soil disturbance and structures are prohibited within 25 feet of a wetland area, except for new single-family and duplex developments on existing lots platted prior to February 26, 1996.
For more information, please refer to Section 7105: Wetland Regulations .
For more specific information regarding wetlands, protection strategies, or federal regulations, please visit our Environmental Planning/Wetlands Information page at this website.
WHAT ARE STREAMSIDE SETBACKS?
Streamside setbacks prohibit soil disturbance within 25 feet of a lake, stream or intermittent stream. This requirement may be waived if approved by the Engineering Department or when the water body or intermittent stream is hydrologically isolated from all earth disturbance according to criteria set forth by the County.
Please call the Planning or Engineering Department to discuss these criteria or refer to Section 7103.01: Restrictions on Soil Disturbance Adjacent to Water Bodies.(Chapter 7)
WHAT’S THE DIFFERENCE BETWEEN BUILDING COVERAGE AND IMPERVIOUS COVERAGE?
Building coverage and impervious coverage are two types of site coverage that are applicable to the Development Code.
Building coverage is defined as the amount of land permitted to be covered by a building or buildings. In the case of single family and duplex residential districts, building coverage is measured in terms of percentage of lot area. In the case of multifamily residential and nonresidential districts, building coverage is measured in terms of percentage of site area.
Impervious coverage is defined as the amount of land permitted to be covered by buildings, structures, paving, gravel surfacing or any other material which makes the underlying ground impervious to or resistant to the penetration of water. In the case of single family and duplex residential districts, this is measured in terms of percentage of lot area. For multifamily residential and nonresidential districts, impervious coverage is measured in terms of percentage of site area.
Please refer to Figure 3-5: Development Standards Matrix (Chapter 3) to see the building and impervious site coverage requirement for most zoning districts in the county.
HOW MUCH OF MY PROPERTY MUST BE LEFT AS OPEN SPACE?
It is the County’s intent in higher density developments to insure that a certain portion of each development site remains in open space to provide relief from building masses and pavement. Figure 3-5: Development Standards Matrix specifies the percentage of site area that shall remain in open space for certain zoning districts.
The following types of areas qualify to be counted when determining compliance with the requirement for open space:
a. undisturbed areas left in natural vegetation
b. revegetated areas having a permeable surface
c. landscaped areas having a permeable surface
Please see Section 3505.10: Open Space Area (Chapter 3) for more information.
WHAT CAN BE DONE IF I HAVE STEEP SLOPES ON MY PROPERTY?
If you are disturbing more than 15% of slopes that are 30% or greater, you will need to submit a geotechnical report with your site plan. For single family residential projects, the County Engineer may waive the requirement for a professionally designed erosion control plan (Section 7102.05: Erosion Control Plan) and revegetation plan (Section 7102.06: Revegetation Plan) based on the analysis covered in the geotechnical report performed by a certified geotechnical engineer.
For all other projects, please refer to Section 7102: Slope Limitations. (Chapter 7)
WHAT ARE THE RESTRICTIONS REGARDING GARAGES?
Except as provided in the RC-5000 and RC-40000 zoning districts, a garage associated with a residential use must be located on the same parcel as the residential use. The garage may either be attached to or detached from the primary residential structure. Both attached and detached garages are allowed on the same parcel, provided the size of both garages combined does not exceed the maximum size limit. However, a garage, or any other “accessory use”, may only be established/built on a site concurrent with or after the single-family/primary residence has been established.
The maximum size for a garage associated with a residential use is as follows:
This information may be found in Section 3505.18: Garages in Chapter 3 of the Land Use & Development Code.
CAN I HAVE A BUSINESS IN MY HOME?
Some types of businesses are allowed to run out of the home and are addressed in Section 3810: Home Occupations of the Land Use & Development Code.
Home Occupations are defined as commercial enterprises conducted by a person in his residence or on the same lot as his residence. Figure 3-2: The Land Use Matrix and Figure 3-3: Land Uses By District denominate where this use is allowed.
Types of Home Occupations are seperated into three main catagories as follows:
All home occupations must be reviewed by the Planning Department to dtermine which type of review will be required for approval of the home occupation.
For more information regarding Home Occupations contact the Summit County Planning Department at (970) 668-4200.
HOW MANY ANIMALS CAN I HAVE ON MY PROPERTY?
The Development Code limits the type and number of animals kept by individuals on property in County Zoning Districts. The number of animals allowed depends on the zoning district on which the property is located, the size of the property, and on the type of animal. Parcels of 35 acres or larger in the A-1 or NR-1 districts are exempt from regulations on the numbers of animals allowed.
The following types of domesticated animals may be kept in the unincorporated areas of Summit County:
1. Cats and Dogs
2. Livestock: cattle, equines, goats, llamas, poultry, sheep, and swine. The keeping of wildlife species in the unincorporated areas of the county is prohibited except with permission of the Division of Wildlife. Figure 3-8: Number of Animals Allowed provides a concise reference for the number of animals allowed in specified zoning districts.
For more information, please refer to Section 3802: Animal Keeping. (Chapter 3)
MY NEIGHBOR IS DOING SOMETHING ON HIS PROPERTY THAT IS A NUISANCE.
CAN I FILE A COMPLAINT?
Public Nuisances are regulated in the Colorado Revised Statutes, and in the Development Code. A public nuisance can range from setback, parking, and noise violations to dilapidated buildings and structures posing a danger to public health or safety.
For violations regarding or related to zoning, animal keeping, home businesses, outdoor storage, or the accumulation of rubbish, the Summit County Code Enforcement Officer should be contacted directly at (970) 668-4200.
Nuisances related to parking and noise violations should be filed directly with the Summit County Sheriff’s Office at (970) 453- 2232.
More serious nuisances related to dilapidated buildings and structures posing a danger to public health and safety should be reported to the Summit County Building Department at (970) 668-3170.
For more information, please refer to Section 3800: Regulations and Standards for Specific Land Uses, Section 11100: Public Nuisances, and Section 11200: Rubbish Regulations in Chapter 11 of the Summit County Land Use & Development Code.