17.104.050 Relationship to zoning.
 

     These standards shall supersede those set forth in the underlying zone district.
     A. Permitted Uses:
     1. Cluster Dwelling Area(s): The following uses only are permitted in the cluster dwelling area(s).
     a. Detached single-family residential units;
     b. Accessory buildings and uses incidental to the residential use of the property.  Mobile homes, railroad rolling stock cars are expressly prohibited as accessory buildings.
     2. Conservation Area(s):
     a. The area primarily remains in its undisturbed natural conditions.
     3. All Areas:
     a. Improvements servicing the residences limited to roads, water systems, waste facilities, and public utilities.
     4. Animals: Persons within the cluster dwelling area(s) shall be permitted to keep up to four (4) dogs (puppies under six (6) months shall not count towards the allowable limit) on any size lot. Persons within the cluster dwelling area(s) on lots with a minimum area of five (5) acres shall be permitted to keep livestock animals. The type and number of livestock animals shall be identified on the Rural Land Use Plan and shall be reviewed by staff. If no livestock animals are allowed, a statement reflecting that restriction shall be placed on the Rural Land Use Plan as a notation.
     B. Permitted Density:
     1. All Zone Districts: The maximum permitted residential density for a proposed Rural Land Use Process for cluster development shall permit up to one (1) single-family residential unit per each 17.5 acre increment of the total projects acreage.
     2. In all cases, the subdivider is entitled to use the Rural Land Use Process one time at the maximum lot number capacity allowed by the State Statutes for Cluster Development.  Further development of existing lots within the Rural Land Use Process has to go through the subdivision process and comply with underlying zoning.
     C. Development Standards:
     1. Prior to Building Permit Authorization, the Rural Land Use Process per the Pueblo County Code shall be approved by the Board of County Commissioners.
     2. The development standards of the underlying Zone District shall not apply to the Rural Land Use Process.
     D. Waivers or variances to any standard contained in the Rural Land Use Process shall be requested by the landowner/subdivider. The waiver or variance is heard by the Board of County Commissioners at a public hearing for approval or denial. The waiver or variance is published as a legal notice in the local Pueblo newspaper; the legal notice is sent to property owners within a 300-foot perimeter of the rural land use plan property boundary, and a poster of the waiver or variance request is posted on the property.
     E. Other Permits or Requirements: Approval of a land division under the Rural Land Use Process shall not relieve the subdivider of the responsibility for securing other permits or approvals required by the Pueblo County Department of Planning and Development, Pueblo Regional Building Department, or any other department or agency of Pueblo County or other public agency.
     F. Public Improvements: As a condition for the approval of the land division, the Board of County Commissioners may require a performance guarantee and warranty for all public improvements proposed.
     1. The type and amount of the security and the duration of the guarantee and warranty shall be as outlined in the Pueblo County Code, Title 16, SUBDIVISIONS and shall be specified in an Improvements Agreement to be submitted by the applicant prior to approval by the Board of County Commissioners.