Ask Planning and Zoning page 2

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Q I'd like to learn more about the different types of zones and what limitations each zoning code has. Is there a sheet that lists all of the zones and includes basic descriptions?

A We have a couple locations that might be beneficial to you and others that utilize our web page.  If you would like to know the development standards by straight zone district, we have "Building Setback Requirements by Zone District" which can be found under "Guides". From there you can click the attached PDF file that will provide a table of the minimum lot sizes, setbacks and building heights. If you would like to know what each individual standard zone district allows as a permitted use, please select "Zoning Resolution" from "Regulations" in our main dropdown menu.  This will direct you to our page where we have placed all applicable zone districts and the standards found within those zone districts.  The files have also been formatted for Adobe Reader.

Q Hello, I am not sure if this is a zoning question or a land use question, maybe both.  I am looking to purchase a piece of property that I can do the following with:  1. Have residence on, 2. Allows horse (3 to 4 Horses),  3. Run a business, specifically Events such as Wedding Ceremony/Receptions, Business conferences luncheons and dinners not to exceed 150 people.  The property would have a residence structure and an event center structure.  I have just started to search for property but am not sure what zoning I should be focusing on in my search.  Can you give me some specifics?  Thank you.

A Many of our agricultural zone districts and lower density residential zone districts (SR-1, SR-2 and SR-5) allows the keeping of horses, provided you have at least one acre or more of land.  All of the agricultural and SR zone districts allow a residence as well.  We run into a problem for the proposed business.  The type of events proposed in your inquiry would not be permitted in any of our straight zone districts.  If you would like to have the operation described in your email, you would need to rezone to accomplish that objective.

Most likely, we would encourage you to rezone to PD (Planned Development), where you could customize the types of uses and activities allowed on your land.  All rezonings must be evaluated using the applicable Community Plan for the area.  The Plan identifies future uses and activities and provides policies for how such uses should occur.  Evaluation of a rezoning must eventually be presented in a public hearing before the Planning Commission and the Board of County Commissioners.  The Board makes the final decision on the matter.  Both hearings are open to the public for comment on the request.

If you would like more information about the rezoning process or need input on property in Jefferson County, I would recommend that you come into our office and speak with our staff, so that we can assist you more directly.  Please feel free to contact our staff at 303-271-8700 to determine the steps you would need to take in order for this to occur.

Q I would like clarifcation on the wildfire mitigation requirements in regard to thinning of trees.  Does the requirement of mitigation in additions of 400 sq. ft. or more include garages?  Or just habitable spaces?  If so, does it include detached garage additions or just attached garage additions?  Thank you.

A Great Question.  We have many people that inquire about when wildfire mitigation occurs and how the process is applied to the building permit procedures in the County.  Specific to your question, the County modified its criteria in the Wildfire Overlay Zone District several years ago.  We no long consider "habitable" space as a factor in determining if wildfire thinning is required at the time of building permit review.  So, if you propose an "attached" garage to an existing residence and it exceeds 400 square feet or more in size and you fall within the Wildfire Overlay Zone District, we will require you to complete a Defensible Space Permit (wildfire thinning) before completing the building permit process.  The Wildfire Overlay Zone District applies to any properties over an elevation of 6400 feet.  In fact, any additions (decks, expansions, garages, etc.) over 400 square feet, attached to a residence will be subject to a Defensible Space Permit.

If you propose a detached garage with no living space in the structure, then we would not require a Defensible Space Permit, regardless of the size of the detached garage.  However, we sometimes see two-story detached garages, with a recreation room, study or private office above the storage area of the garage.  If that living space is 400 square feet or more in area and is within the Wildfire Overlay Zone District, we will require a Defensible Space Permit.

We also made some alterations to the inspection process before the building permit can be issued when a Defensible Space Permit is required.  You can obtain an "Initial Inspection" from the County's qualified list of wildfire specialists.  Once this has been provided to the County and no other outstanding issues exist pertaining to the building permit, we can release the permit.  A "Final Inspection" must be completed before a Certificate of Occupancy (CO) is issued on the structure.  Failure to complete the final inspection process could result in a zoning violation.

Q How does one go through the rezoning process and how can I know if my property can be rezoned agricultural/commercial?

A To start a rezoning process for your land, please come into the Planning & Zoning Division Office so that we may better understand your request.  The process to rezone land can be started at any time.  Generally, a rezoning means that as a landowner, you would like to change the existing zone district designation on your property to some other zone district designation.  We evaluate all rezoning requests based on the applicable Community Plan for your area.  These plans set forth recommendations for future land use activities and establish what uses (residential, commercial, industrial, etc.) would be appropriate based on geography, road systems, natural resources and so forth.

By coming into our office, we can look at your property, see which applicable Plan applies and what it recommends for future land use.  If you decide to pursue a rezoning of your property, a formal application must be submitted to the County along with any applicable supporting materials associated with the proposal.  Eventually, the request must be held in front of our Planning Commission who makes a recommendation to the Board of County Commissioners.  The Board makes the final decision on whether to approve the rezoning or not.  Both public hearings are open to the general public for comment.  If you rezone your property to a PD (Planned Development) district, an associated Official Development Plan must be recorded with the County.  A change to a straight zone district, as found in the Jefferson County Zoning Resolution does not require a Plan to be recorded with the County.

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Last Modified: Mar 28, 2009 10:17 PM