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HomeMy WebLinkAboutArticle 10 CC Recommendation Draft REDLINEthe 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 REDLINE ULUR 2008 GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 10-ii ARTICLE 10 NONCONFORMING LAND USES AND STRUCTURESLAND USE 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. .................................................................................. 2 D. Restoration of Structure...................................................... ...................................... 2 10-103 NONCONFORMING LAND USE.......................................................................... 2 A. Enlargement, Expansion, Extension or Alteration. .................................................... 3 B. Permissible Alterations of Nonconforming Land Uses. ............................................. 3 C. Abandonment............ ............................................................................................... 4 10-105 NOTICE OF TERMINATION AND RIGHT TO BRING ENFORCEMENT ACTION5 A. Written Notification. .................................................................................................. 5 B. Determination in Error and Appeal.............................................................. .............. 5 C. Right to Bring Enforcement Action............................................................................ 5 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 10-101APPLICABILITY. The regulatory provisions of tThis 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. 10-102CONFORMING AND NONCONFORMING STRUCTURES. TINUATION OF NONCONFORMING LAND USE. A nonconforming land use may be continued, and normal or routine maintenance shall be permitted, in compliance with the regulatory provisions of this Article. A nonconforming structure may continue to be occupied, unless otherwise prohibited by the provisions of this Article. A. Enlargement, Alteration or Repairs. Nonconforming Structure. 1. Unless otherwise prohibited by the provisions of this Article, a nonconforming structure may continue to be occupied. A nonconforming structure may not be Enlargement or Alteration of Nonconforming Structures. Unless otherwise allowed by provisions of Section 10-103(B) below, the alteredation, repaired or enlargedment of a nonconforming structure 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. Alteration Required for Public Health and Safety. An alteration or expansion which the Chief 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. Routine Maintenance. 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.(A)(5), above. 3. Alteration Required by ADA. An alteration or expansion necessary to comply with applicable accessibility Codes and/or Statutes. 4. Extension of Nonconforming Use Within the Structure. An extension of the nonconforming use within the structure containing the use, provided that such extension is not accompanied by structural alteration identified in Section 10-103(A)(3). 5.4. Addition of Solar Energy Device. The addition of a solar energy device to a nonconforming structure or a structure containing a nonconforming use. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 10-2 B.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. A. Structure Intentionally Damaged or Destroyed. The right to continue a nonconforming land use terminates immediately when the structure containing that land use is damaged or destroyed by an intentional act of the property or structure owner or their agent. Permit Review Required. Restoration or reconstruction allowed by the provisions of this Article shall be subject to the permit requirements of this Code and the appropriate permit review process as set forth in Article 4, Application and Review Procedures of this Code. C.D. Restoration of Structure. Unless deemed destroyed, When a nonconforming structure or structure containing a nonconforming use is damaged or destroyed by causes outside the control of the owner or their agent, the 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. and the appropriate permit review process as set forth in Article 4, Application and Review Procedures 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. completed within one year after the date on which the restoration was commenced. Upon approval by the BOCC at a public hearing, these times may be extended for a reasonable period upon a showing of extraordinary circumstances by the property owner or the owner’s agent. 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 or restoration of a structure located in the Floodplain Overlay District shall comply with applicable design and construction requirements for land use in a Floodplain Overlay District,as set forth in Section 3-401, Floodplain Overlay District. of Article 3, Zoning. 10-103NONCONFORMING LAND USE. A nonconforming use may be continued and normal or routine maintenance of the structure containing a nonconforming use shall be permitted. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 10-3 A. Enlargement, Expansion, Extension or Alteration. A. Nonconforming Use. Unless otherwise prohibited by provisions of this Article, a nonconforming use may be continued and normal or routine maintenance of the structure containing a nonconforming use shall be permittedHowever, the right to continue a nonconforming land use terminates immediately when: 5. The nonconforming land use is eEnlarged, expanded, extended, or altered. . Normal or routine maintenance shall include any maintenance or repair which does not impermissibly enlarge or alter the structure containing a nonconforming use, in compliance with the provisions of Section 10-103, Enlargement or Alteration of a Nonconforming Land Use. Section 10-103 Enlargement or Alteration of a Nonconforming Land Use. Enlargement or Alteration of Nonconforming Land Use Prohibited. The right to continue a nonconforming land use terminates immediately when the nonconforming land use is enlarged, expanded, extended, or altered in any of the following ways, and the property owner does not successfully pursue any of the options specified in these regulations at Section 10-107, Notice of Termination and Right to Bring Enforcement Action. 6.5. Enlargement or Alteration of Nonconforming Structures. Unless otherwise allowed by provisions of Section 10-103(B) below, the alteration, repair or enlargement of a nonconforming structure in any which would increase the degree of nonconformity with respect to the floor area, setback or height regulations of this Code. 7.6. Addition of New Structure. The An addition of a new structure that is built that either containsing, or is accessory to, the nonconforming land use. 8. Enlargement and Alteration of Conforming Structure. Unless otherwise allowed by provisions of Section 10-103(B), the enlargement and alteration of a conforming structure containing, or accessory to, a nonconforming land use, including an increase in floor area, an increase in height, or any other alteration or improvement in excess of normal or routine maintenance of the structure that increases the nonconformity of the use and which violates the requirements this Code. 9.7. Enlargement and Alteration of Land Area. Enlargement and alteration in the land area occupied by the nonconforming land use, unless the basic nature of the use, at the time it became nonconforming, clearly indicated or contemplated such an increase or alteration. 8. Enlargement and Alteration Creating a Hazard or Nuisance. 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. Change in Ownership. A change in ownership of the property upon which the nonconforming land use is located. 2. Structures Associated With Nonconforming Agricultural Use. Owners of legal building lots containing agricultural uses which have become GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 10-4 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., and provided the nonconforming use is not enlarged or altered in any other way which violates the Code. 3. Replacement of Mobile Home. A mobile home which is a nonconforming use, or which is authorized by this Codeese regulations, 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 Resolution of the County, and to the performance requirements of this Resolution. A mobile home may be replaced by a permanent conventional single family dwelling provided it meets all other site requirements of this land use code. 4. Building on Nonconforming Lot. 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. A nonconforming land use shall only be changed to a land use which is conforming in the zoning district in which the use is located. 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. Determination of Abandonment. A nonconforming land use shall be determined abandoned if the use is discontinued for an uninterrupted period of 2 years6 months 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. Discontinued Use. A nonconforming land use may be determined abandoned if the property owner expressly states in writing to the Director, the an intent to abandon the land use, or engages in action which unambiguously expresses an intent to abandon. SECTION 10-104 CHANGE OF A NONCONFORMING LAND USE. SECTION 10-105 DAMAGE OR DESTRUCTION OF NONCONFORMING STRUCTURE OR STRUCTURE CONTAINING A NONCONFORMING USE. SECTION 10-106 ABANDONMENT OF A NONCONFORMING LAND USE. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 10-5 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. Enforcement shall be pursuant to the provisions of Article 12, Enforcement. 3.2. 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.