FAQ

Frequently Asked Questions - Planning


  2. 1. What is my property’s zone district? 

  • Enter the public information map: Public Information Map (elbertcounty-co.gov)
  • Click on the layers icon Layers
  • Turn on the ‘Community Development’ layer. The following icon means the layer is on: Open Eye; and the following means it’s off: Closed Eye
  • Turn on the ‘Zoning of Elbert County Colorado’ layer 
  • Search for your address on the top right corner Hour Glassand zoom in on your property
  • Click again in the layer's icon and then on legend 
  • Scroll down until you find the ‘Zoning of Elbert County Colorado’ legend category and identify your zone district based on your property’s color. 

OR 

  • Search for your address on the top right corner Hour Glassand zoom in on your property
  • When the search is complete, click on the property 
  • Your zoning code is found in the upper right corner of the property information. 

 

  1. 2. What setbacks do I need to meet when building a structure on my property? 

  • Identify your property zone district (see FAQ question #1). 
  • Open the EC zoning regulations: Zoning-Regulations-Amendment-4-PDF (elbertcounty-co.gov)
  • Scroll to page 111 – Article VI. D. There, you’ll find the Table of Dimensional Standards. The table informs the required setbacks and where to measure the setbacks from. 
  • If your zone district is PUD (Planned Unit Development) you’ll likely find the setback requirements in the Development Guide Agreement (DGA). Please contact the Clerk and Recorder’s office to ask for a recorded copy of the specific PUD DGA. If you don’t find the information you’re looking for and need further assistance, e-mail the Planning Department with the following information: your specific question, property address, PUD name, and use of the proposed structure. If you found the DGA, please attach it to the e-mail. 

 

  1. 3. What are the allowed uses for my property? 

  • Identify your property zone district (see FAQ question #1). 
  • Open the EC zoning regulations: Zoning-Regulations-Amendment-4-PDF (elbertcounty-co.gov)
  • Scroll to page 89 – Article V. D. Use the Land Use Table to look up the permitted uses for each zoning district. The legend on top of the table will guide you on how to read it. 

 

  1. 4. Can I subdivide my property? 

  • Subdividing your property depends on the minimum lot size allowed for your zone district. To reach an answer: 
  • Identify your property zone district (see FAQ question #1). 
  • Open the EC zoning regulations: Zoning-Regulations-Amendment-4-PDF (elbertcounty-co.gov)
  • Scroll to page 111 – Article VI. D. You’ll find the Table of Dimensional Standards. The table informs the minimum lot area for each zoning district. 
  • Example: You own a 40-acre property zoned A-2. The minimum lot area for the A-2 zone district is 20-acres. That means you can apply for a land subdivision to subdivide your property into two 20-acre lots. 

 

  1. 5. What if my zone district does not allow for a smaller lot area? Can I still subdivide? 

  • You can apply for a rezoning with the CED Planning Department; typically, we can conduct the rezoning and the land subdivision applications concurrently. 
  • By applying for a rezoning, you’ll be asking the County Commissioners to change your current zone district to another one of your choice. If you have plans to subdivide the property further, please choose a zone district that allows for the lot area you would like to have. 

 

  1. 6. I want to rezone and subdivide my property. What is some relevant information I need to know? 

  • For minor subdivision process (4 lots or less), check Article VI (page 42) of the subdivision regulations. 
  • Please read the subdivision regulations' design standards and studies section (Article XI, page 58). 
  • Highlight #1: Proposed subdivisions with less than 10-acre lots must provide central water and OWTS or central sewer and wells (Article XI. K. 8). 
  • Highlight #2: Cash-in-lieu of open space might apply to your subdivision (Article XI. K) 
  • Advice: reach out to EC Public Works if you have questions regarding your proposed access and roads; contact the Colorado Division of Water Resouces (Home | Division of Water Resources (colorado.gov)) for water supply information; EC Public Heath can assist you with questions regarding sewer and septic. 

 

  1. 7. How many animals can I have on my property? 

  • The number of animals allowed on a property depends on the zoning district and the animal type. 
  • The following restrictions shall apply to animals allowed in the R-1, R-2, RA-1, RA-2, RA, AR, and A-2 zones: (a) R-1 zone: This zone shall allow two (2) equine. No other large animals, such as cattle, sheep and goats will be allowed. (b) R-2 zone: This zone allows no large animals, such as horses, cattle, sheep, and goats. (c) No swine shall be allowed on parcels 4.999 acres or less. (d) Notwithstanding the above, sanctioned organized youth educational programs, such as 4H, are allowed animal projects in R-1, RA, RA-2, RA-1, AR, and A-2. 
  • The maximum density is one (1) animal unit per one-half (1/2) acre for RA, RA-2, RA-1, AR, and A-2 zones and non-conforming parcels of less than 35 acres. 1 horse, mule or bovine = 1 unit; 5 sheep or goats = 1 unit; 1 swine = 1 unit; 1 llama = 1 unit; Two and one-half alpacas = 1 unit; 2 ostriches = 1 unit; 4 miniature horses = 1 unit. 

 

  1. 8. How to apply for a permit with CDS? 

  • Permit application for events, signs, co-locates, shipping containers, floodplain permits, etc., are all done online. The following link has the application forms. Once you choose an application form, the form will outline the process and fees. 

 

  1. 9. How to apply for a land use application with the Planning Department? 

  • You decided you would like to go through a land use application with the Planning Department (e.g., Special Use by Review, rezone, subdivide, etc.).  
  • Your next step is a pre-application with the Planning Department. Here’s the pre-application form: Pre-Application-Meeting-Form-PDF (elbertcounty-co.gov)
  • Please submit the pre-application to the Planning team at cds@elbertcounty-co.gov. 
  • You'll need to prepare a site plan for your pre-application packet. Here’s an example: Site-Plan-example-PDF (elbertcounty-co.gov).

 

  1. 10. What are the process steps for a land use application? 

  • The process steps depend on the application type (e.g., Special Use by Review, Rezoning, Minor Subdivision). If you know your application type, please check the section of the zoning or subdivision regulations corresponding to that application type, and you’ll find the process steps outlined. 
  • Most common application types and County regulation sections: 
Rezoning  EC Zoning Regulations Article III. C, page 56 
Special Use by Review 

EC Zoning Regulations Article III. E, page 61 

Site Development Plan 

EC Zoning Regulations Article III. H, page 69 

EDZ Site Development Plan 

EC Zoning Regulations Article III. I, page 73 

Variance 

EC Zoning Regulations Article III. J, page 75 

Planned Unit Development (PUD) 

EC Zoning Regulations Article VII, page 112 

Preliminary Plat 

EC Subdivision Regulations Article IV, page 32 

Final Plat 

EC Subdivision Regulations Article V, page 37 

Minor Subdivision Plat 

EC Subdivision Regulations Article VI, page 42 

Amendment to Approved Plats 

EC Subdivision Regulations Article VIII, page 48 


 

  1. 11. Is Planning in charge of building permits? 

  • Impact fees are charged with building permits. Check here for the impact fees table:Fees | Elbert County, CO (elbertcounty-co.gov).
  • Other impact fees might apply to your project. Please reach out to your fire and school districts. Impact fees are not building permitting fees. 

 

  1. 12. What is an Accessory Dwelling Unit (ADU)?  

  • ADUs are popularly called mother-in-law suites, second homes, guest homes, etc. If you already have a primary residency on your property, any second residency will be called Accessory Dwelling Unit per code.  
  • An ADU can be either non-integrated or integrated. Non-integrated ADUs are separate living structures with their own kitchen and bathroom. Integrated ADUs can be constructed as an addition or basement finish or integrated into an accessory building. 

 

  1. 13. Can I build an Accessory Dwelling Unit (ADU)?  

  • Non-integrated ADU:  
  1.  <1 Acre Lot: A non-integrated ADU shall not be permitted on lots one (1) acre or less.  
  1. 1 to 5 Acre Lot: A non-integrated ADU on a lot containing more than one (1) acre and less than five (5) acres shall be permitted subject to approval by the Minor Special Use by Review process.  
  1. >5 Acre Lot: A non-integrated ADU on a lot containing five (5) or more acres shall be allowed as a Use Permitted by Right.  
  • Integrated ADU: If an ADU is integrated or attached to an existing primary structure, it shall be allowed as a Use Permitted by Right.  
  • There shall not be more than one (1) ADU constructed on any given property, and the ADU shall be accessory to a permitted single-family dwelling unit.  
  • The size of any ADU shall not exceed the size of the primary dwelling unit and shall be limited to:  
  • On lots less than 10 acres: one thousand two hundred (1,200) finished square feet, except when completed as a finished basement.  
  • On lots 10 acres or larger: one thousand eight hundred (1,800) finished square feet.  
  • On lots 20 acres or larger, there is no size limitation on the ADU. The size of the ADU may exceed the size of the primary dwelling unit. 

 

  1. 14. How can I file a zoning complaint? 

 

  1. 15. How do I know what land use cases are in progress in Elbert County? 

 

  1. 16. How can I watch a public hearing from home? 

  • Find the public hearing on the calendar and click on the following icon:  Agenda Calendar 

                             

  • A list of upcoming events should pop-up. Find the hearing that is ‘in progress’ and click on 'view event’: 

                           Up coming events table 

 

  1. If you have any suggestions to add to the FAQ website section, please send them to cds@elbertcounty-co.gov. Thanks!