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Use-Specific Standards Model and Commentary

Model Code

Use-specific standards vary widely depending on the community, the type of use being regulated, and the issue being mitigated through the standard. Most use-specific standards are developed under one or more of the following categories:

  • Proximity – How close can the use be located to another property or another type of land use?
  • Compatibility – What types of standards ensure that the use will be compatible with surrounding properties, districts, or land uses?
  • Safety – What conditions are necessary to protect the public health, safety, and welfare of the community?
  • Environmental – What standards help the community protect its valuable natural environment and resources?
  • Aesthetics – What types of standards are necessary to protect the overall character of the community from an aesthetic point of view?

For hazard mitigation, most use-specific standards will relate to the categories of proximity, safety, and environmental. Those categories are discussed below, with additional detail on how to apply hazard mitigation principles through use-specific standards. Model language is in gray shading. Commentary is located in italics in the column at the right. The model language used in this document is based on several existing ordinances and programs from varying communities around the state, including municipalities and counties. The language is illustrative only; consult local counsel to tailor language for your jurisdiction.

Commentary

Categories of Use-Specific Standards: Many of the categories of use-specific standards overlap. For example, a use-specific standard aimed at distancing critical facilities from hazard areas (“proximity”) could also be considered within the “safety” category. 

Proximity

The physical distance of a proposed new land use from existing land uses, particularly sensitive uses like schools, is an important consideration when local governments evaluate applications for new development. Proximity to sensitive uses and areas is an important general consideration when communities establish use-specific standards. For example, uses known for generating noise, dust, or odors should not be located close to residential neighborhoods.

The same is true for hazard mitigation. Consider appropriate distance requirements for particular land uses as they relate to hazards or known hazard areas. Examples include:

  1. Fueling stations shall be located at least [150 feet, or appropriate distance as determined by the local fire authority] from any [moderate or extreme wildfire risk area – or however defined on local maps];
  2. Hazardous material storage facilities shall be located at least 500 feet from any residential zoning district or residential use;
  3. Heavy industrial uses shall be set back from all property lines a minimum distance of [150-500 feet or more – may vary for residential and non-residential];
  4. Critical facilities, such as public safety facilities, emergency medical facilities, emergency shelters, public utility or distribution plants, communication facilities, and air transportation lifelines and corridors, shall be located at least [150 feet, or appropriate distance as determined by the local fire authority, or local flood authority] from any [moderate or extreme wildfire risk area, or flood hazard area – or however defined on local maps];

Considerations for Use-Specific Standards: When developing use-specific standards, use the local hazard mitigation plan (especially the risk assessment) to identify particular vulnerabilities to certain hazards. Then, review the table or list of land uses permitted within the community to determine which uses could potentially create, exacerbate, or be largely impacted by the potential hazards in the community. With that information, review current use-specific standards to determine if additional standards are necessary to reduce the overall risk to hazards.

In addition, similar proximity standards can also apply to uses where large numbers of people visit at one time, or to densely populated residential development. These uses may include religious institutions, hospitals, stadiums, hotels, community centers, and schools. For example, a community may want to prohibit a hotel or school from locating in an area with steep or unstable slopes whereas a single-family home could do so with proper mitigation.

Safety

The safety of individuals is an important consideration for land use regulations. For hazard mitigation, this means keeping people out of harm’s way and paying particular attention to critical facilities and vulnerable or at-risk populations.

As an example, the Colorado Water Conservation Board (CWCB) Rule 6 for regulatory floodplains in Colorado requires uses under the following categories to be given special attention (location and/or elevation or floodproofing) through adopted floodplain regulations:

A. Critical facilities. Critical facilities can include many types of services and uses, including:

  1. Public safety (police, fire, and emergency operation centers)
  2. Emergency medical (hospitals, ambulance service)
  3. Emergency shelters
  4. Public utility plants or distribution 
  5. Communications (telephone, television, power, gas, internet, others)
  6. Air transportation lifelines and corridors (airports, helipads)

Critical Facilities: Critical facilities should be identified in the local hazard mitigation plan. If a local hazard mitigation plan does not exist, this section is a good starting point for consideration.

The best practice is to locate critical facilities outside the floodplain and other high risk areas.

B. Hazardous materials facilities. These types of uses can include:

  1. Chemical plants
  2. Laboratories using volatile materials
  3. Refineries
  4. Hazardous waste storage or disposal sites 
  5. Above ground storage of volatile materials

C. Vulnerable populations. Vulnerable or at-risk populations may include:

  1. Elderly care facilities
  2. Day care homes or facilities for youth or disadvantaged
  3. Institutions of learning

D. Facilities vital to restoring normal services. This includes:

  1. Essential governmental operations 
  2. Essential structures for colleges and universities

Under the CWCB rule, uses in one or more of these categories shall be protected using one of the following:

  1. Location outside the regulatory floodplain; or 
  2. Elevation or floodproofing the structure per the standards outlined in the Rule.

This concept could be further expanded to other hazards and other facilities and could include other mitigation for safety purposes, such as:

  1. Requiring a conditional use when located within a designated wildland-urban interface area; 
  2. Requiring a truck routing plan for heavy industrial uses;
  3. Required submittal of a geotechnical report for areas within a mapped geologic hazard area; and/or
  4. Emergency ingress and egress provisions.

Conditional Use: Requiring a conditional use can ensure that the application will be subject to higher scrutiny among local government departments and other agencies such as the fire department. 

Environmental

Similar to protection of life and property, use-specific standards can be used to protect the natural environment. Vulnerable natural areas such as forested land, steep slopes, riparian corridors, and open grasslands can be susceptible to devastation during or following a disaster event. For example, landslides and wildfire can lead to sedimentation and/or flooding of nearby rivers; prolonged periods of drought can lead to increased risk of wildfire in forests and grasslands; and earthquakes can trigger landslides and subsidence of already unstable slopes.

Through use-specific standards, communities can limit the impacts of development on already vulnerable environmental conditions. Consider the following standards that protect environmental areas:

Environmental Standards: Application of environmental standards that are not necessarily associated with a particular use is typically covered elsewhere in the code through sensitive area protection standards. Use-specific standards are generally created when they apply only when certain land uses are involved and would not otherwise pose environmental impacts with other land uses. For example, temporary fireworks stands near forested areas are a potential concern, whereas temporary produce stands are not.

  1. Transmission lines shall avoid the following areas:
    1. Slopes greater than 20 percent;
    2. Wetlands;
    3. Forests, unless running near the fringe of a forest and minimizing cutting;
    4. Soils susceptible to erosions that could create pollution or sedimentation issues; 
    5. Areas with high-water tables; and 
    6. Areas of unstable soils subject to significant slippage.
  2. Heavy manufacturing or hazardous manufacturing shall be subject to appropriate conditions including safeguards and performance bonds to protect the health, safety, and welfare of the residents of the community and the natural environment.
  3.  Industrial wastes shall be disposed of in a manner consistent with federal and state law and the requirements of the Colorado Department of Public Health and Environment. Flammable and/or explosive materials shall be stored in compliance with national, state, and local fire codes with written recommendations from the [appropriate local fire protection district].
  4. General or heavy industrial uses that include manufacturing or processing shall not be located within a [water protection area, sensitive natural area – or other mapped water conservation area].

Limitations on High-Water Uses: Another consideration for limiting environmental impacts is to place limitations on high-water uses (such as golf courses and car washes) during periods of drought. Many communities already have standards in place for these types of uses, so local laws and conditions should be carefully reviewed.

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