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HomeMy WebLinkAboutArticle 10 CC Recommendation Draft CLEANthe Planning Director's decision to require a development plan amendment GARFIELD COUNTY, COLORADO Article 10: Nonconforming Land Uses and Structures CODE COMMITTEE RECOMMENDATION DRAFT OCTOBER 30, 2012 CLEAN ULUR 2008 GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 10-ii ARTICLE 10 NONCONFORMING LAND USES AND STRUCTURES TABLE OF CONTENTS 10-101. APPLICABILITY. ...................................... .............................................................. 1 10-102. CONFORMING AND NONCONFORMING STRUCTURES. ................................... 1 A. Enlargement, Alteration or Repairs........................................................................... 1 B. Permissible Alterations of Nonconforming Structures. .............................................. 1 C. Structure Deemed Destroyed. .................................................................................. 1 D. Restoration of Structure...................................................... ...................................... 1 10-103. NONCONFORMING LAND USE............................................................................. 2 A. Enlargement, Expansion, Extension or Alteration. .................................................... 2 B. Permissible Alterations of Nonconforming Land Uses. ............................................. 2 C. Abandonment............ ............................................................................................... 2 10-105. NOTICE OF TERMINATION AND RIGHT TO BRING ENFORCEMENT ACTION.. 3 A. Written Notification. .................................................................................................. 3 B. Determination in Error and Appeal.............................................................. .............. 3 C. Right to Bring Enforcement Action............................................................................ 3 GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 10-iii (This Page Left Blank Intentionally) GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 10-1 ARTICLE 10: NONCONFORMING LAND USE 10-101. APPLICABILITY. This Article shall apply to all permitted land use, including divisions of land and signs, that do not conform to the applicable use regulations of this Code as a result of either the adoption or amendment of this Code, or a final administrative or judicial decision precluding the County from enforcing this Code specific to a use on the basis of estoppels, laches, or waiver. 10-102. CONFORMING AND NONCONFORMING STRUCTURES. A nonconforming structure may continue to be occupied, unless otherwise prohibited by the provisions of this Article. A. Enlargement, Alteration or Repairs. 1. A nonconforming structure may not be altered, repaired or enlarged in any way which would increase the degree of nonconformity with respect to the floor area, setback or height regulations of this Code. 2. A conforming structure containing, or accessory to, a nonconforming land use, may not be enlarged or altered that increases the nonconformity of the land use, in excess of normal or routine maintenance. 3. Any other alteration or improvement that is in excess of normal or routine maintenance. B. Permissible Alterations of Nonconforming Structures. 1. An alteration or expansion which the Building Official determines to be necessary to rectify a hazardous health or safety situation, or to comply with the public health or safety requirements of another governmental entity having lawful jurisdiction over the structure. 2. Any replacement or upgrading of outmoded or worn equipment or supplies provided such activity does not create a hazard or nuisance as identified in Section 10-103.A.3. 3. An alteration or expansion necessary to comply with applicable accessibility Codes and/or Statutes. 4. The addition of a solar energy device to a nonconforming structure or a structure containing a nonconforming use. C. Structure Deemed Destroyed. A nonconforming structure or structure containing a nonconforming use shall be deemed destroyed when either greater than 50% of its floor area, or greater than 50% of its actual value (as determined by the Garfield County Assessor) is destroyed. A destroyed nonconforming structure shall not be rebuilt. A nonconforming use within a destroyed structure shall be discontinued. D. Restoration of Structure. Unless deemed destroyed, a nonconforming structure may be restored and the nonconforming use may be reestablished. 1. Restoration or reconstruction allowed by the provisions of this Article shall be subject to the permit requirements of this Code. 2. Restoration of the structure must be commenced, as demonstrated by the receipt of a building permit,within 6 months after the date on which the structure was damaged or destroyed and within the time granted by the building permit. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 10-2 3. A nonconforming structure which has been destroyed may be restored to its original location, floor area, and height provided that such restoration complies with the current provisions of the Building Code. 4. Reconstruction of a structure located in the Floodplain Overlay District shall comply with applicable design and construction requirements for land use as set forth in Section 3-401, Floodplain Overlay District. 10-103. NONCONFORMING LAND USE. A nonconforming use may be continued and normal or routine maintenance of the structure containing a nonconforming use shall be permitted. A. Enlargement, Expansion, Extension or Alteration. However, the right to continue a nonconforming land use terminates immediately when: 1. The nonconforming land use is enlarged, expanded, extended, or altered. 2. An addition of a new structure that is built that either contains or is accessory to, the nonconforming land use. 3. Any enlargement and/or alteration of the nonconforming land use which has the effect or threatened effect of creating a hazard or nuisance on or off the property, of adversely affecting the character of the neighborhood, or of intensifying the use of the land or its need for services. B. Permissible Alterations of Nonconforming Land Uses. The following shall not be considered prohibited enlargement or alteration of a nonconforming land use. 1. A change in ownership of the property upon which the nonconforming land use is located. 2. Owners of legal building lots containing agricultural uses which have become nonconforming as a result of adoption or amendment of this Code may restore, modify and maintain existing conforming structures, and may construct new conforming structures, provided such structures are directly related to the agricultural use., 3. A mobile home which is a nonconforming use, or which is authorized by this Code, may be replaced by another mobile home on the same lot provided that the replacement mobile home conforms to the requirements of the adopted Building Code 4. A lot legally created prior to this land use code may be built upon, provided any structure build is in conformity with all of the other provisions of this code. 5. Any change of a nonconforming land use to another use shall immediately terminate the right to continue the nonconforming land use, and thereafter the property shall only be used in conformity with the use provisions of its zoning district. C. Abandonment. The right to continue a nonconforming land use shall terminate if the land use is determined to be abandoned. 1. A nonconforming land use shall be determined abandoned if the use is discontinued for an uninterrupted period of 2 years or more, as a result of causes within the control of the property owner or their agent, unless the use is governed by Section 10-102.D.2. 2. A nonconforming land use may be determined abandoned if the property owner expressly states in writing to the Director, the intent to abandon the GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 10-3 land use, or engages in action which unambiguously expresses an intent to abandon. 10-105. NOTICE OF TERMINATION AND RIGHT TO BRING ENFORCEMENT ACTION. A. Written Notification. 1. In the event that the Director receives information that the right to continue a nonconforming land use has been or may have been terminated, the Director shall provide a written notification of this determination by certified mail, return receipt requested, to the property owner, and to the parcel address, all as shown on the records of the County Assessor. B. Determination in Error and Appeal. 1. The property owner shall have 30 calendar days after the date of the notification within which to provide evidence satisfactory to the Director to show that the determination is in error, to abate the illegal enlargement or alteration, or to file an appeal of the Director's determination to the BOCC. 2. In any appeal, the property owner shall have the burden to show that the right to continue the nonconforming use was not terminated according to the applicable provisions of this Article, when judged in light of the history and nature of the use and the circumstances of the alleged termination. C. Right to Bring Enforcement Action. 1. Nothing in these regulations shall alter or diminish the County's right to take enforcement action against the unlawful continuation of a nonconforming land use, pursuant to Article 12. 2. Except in the case of an illegal enlargement or alteration for which the owner is provided with a 30 day opportunity to abate, any failure by the Director to provide notification of a determination of termination shall in no way entitle the property owner to continue or resume a nonconforming use terminated under provisions of these regulations.