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HomeMy WebLinkAboutExhibit F - Article 2 CC RecommDraft REDLINEMicrosoft Word - Article 2 CC Recommendation Draft REDLINE GARFIELD COUNTY, COLORADO Article 2: Land Use Change Permit CODE COMMITTEE RECOMMENDATION DRAFT REDLINE SEPTEMBER 4, 2012 ULUR 2008 GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 2-i ARTICLE II LAND USE CHANGE PERMIT TABLE OF CONTENTS DIVISION 1 LAND USE CHANGE PERMIT ........................................... 1 Section 2-101 Applicability. ............................................................................................. 1 Section 2-102 Permit Required for Land Use Changes. .................... ............................ 1 A. Land Use Changes Other Than Division of Land ...................................................... 1 B. Division of Land ........................................... .............................................................. 1 C. Signs ......................................................................................................................... 1 Section 2-103 Land Use Change Without a Permit is Prohibited. ................................ 1 Section 2-104 Permit Runs With the Land. ........................................................... .......... 1 Section 2-105 Exemptions from Permit Requirements. ................................................ 1 A. Single Family Dwelling. ......................................................... .................................... 1 B. Use by Right. ............................................................................................................. 2 Section 2-106 Levels of Permit Review for Land Use Change Permits. ...................... 2 A. Land Use Changes Other Than Division of Land. ..................................................... 2 B. Subdivisions. ............................................................................................................. 2 C. Exemption. ........................................................ ........................................................ 2 D. Signs. ........................................................................................................................ 2 Section 2-107 Amendments to Approvals of Land Use Permits granted under Regulations adopted prior to October 13, 2008. .................................... 2 DIVISION 2 VESTED PROPERTY RIGHTS ........................................... 3 Section 2-201 Purpose ..................................................................................................... 3 Section 2-202 Establishment of Vested Property Rights .............................................. 3 A. General ............................................................................................. ......................... 3 B. Site Specific Development Plan ................................................................................ 3 C. Development Agreements ............................ ............................................................. 3 D. Approval and Effective Date ...................................................................................... 3 E. Notice of Approval ..................................................................................................... 4 F. Subsequent Review and Approval ..................................... ....................................... 4 G. Exceptions ................................................................................................................. 4 H. Applicability of General Ordinances and Regulations ............................................... 4 GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 2-ii (This has been left blank intentionally) GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 2-1 DIVISION 1 LAND USE CHANGE PERMIT SECTION 2-101 APPLICABILITY. The requirement for a Land Use Change Permit and the permit provisions set forth in this Article apply to any proposed change in land use, including divisions of land, for property located in unincorporated Garfield County. SECTION 2-102 PERMIT REQUIRED FOR LAND USE CHANGES. Any person seeking a change in land use, unless expressly exempt from permit requirements under Section 2-105 of these Regulations, shall obtain a Land Use Change Permit before commencing the development or activity associated with the land use change. A. Land Use Changes Other Than Division of Land For land use changes that do not involve division of land, approval of the proposed land use change in compliance with these Regulations constitutes a Land Use Change Permit. B. Division of Land For land divisions, final plat or exemption plat approval will constitute a Land Use Change Permit. C. Signs A sign permit constitutes a Land Use Change Permit. SECTION 2-103 LAND USE CHANGE WITHOUT A PERMIT IS PROHIBITED. A Land Use Change Permit must be obtained in compliance with these Regulations prior to beginning any development or activity associated with a change in land use. Failure to obtain a Land Use Change Permit shall be a violation of the Garfield County Land Use Resolution and subject to the enforcement provisions in Article XII of this Code. SECTION 2-104 PERMIT RUNS WITH THE LAND. Any Land Use Change Permit for land use approved in compliance with this Code shall be binding upon and run with the land. SECTION 2-105 EXEMPTIONS FROM PERMIT REQUIREMENTS. The following uses and activities are exempt from the requirement to obtain a Land Use Change Permit. Exemption from Land Use Change Permit requirements is not an exemption from building permit requirements applicable to the proposed development or land use. A. Single Family Dwelling. One single-family dwelling per legally established lot in compliance with these Regulations. B. Traditional Agricultural Operations. Traditional agricultural operations conducted in areas zoned Rural, including the following. 1. Production, cultivation, growing and harvesting of crops and plants. 2. Raising and breeding livestock, excluding commercial animal feed lot operations. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 2-2 3. Harvesting, storage, grading, packaging, processing distribution and sale of agricultural commodities occurring at the point of production. 4. Construction of internal roads, ponds, dams and ditches necessary to agricultural operations, excepting ponds and dams regulated as a water impoundment. C.B. Use by Right. Any implementation of a use by right. SECTION 2-106 LEVELS OF PERMIT REVIEW FOR LAND USE CHANGE PERMITS. Land Use Change Permits will be subject to one of the following levels of review. A. Land Use Changes Other Than Division of Land. A change in land use that does not involve division of land is subject to one of the following three levels of review. The level of review for specific land uses is described in the Use Tables in Division 5 of Article III, Zoning. 1. Administrative Review Process. A change in land use that will have insignificant impact is subject to the Administrative Review Process set forth in Section 4-104, Administrative Review Process of Article IV, 2. Limited Impact Review Process. A change in land use that will have limited or minimum impact is subject to the Limited Impact Review Process set forth in Section 4-105, Limited Impact Review of Article IV. 3. Major Impact Review Process. A change in land use that will have significant impact is subject to the Major Impact Review Process set forth in Section 4-106, Major Impact Review of Article IV. 4. Rezoning and Land Use Code Text Amendments. A rezoning of property or a land use code text amendment is subject to the process set forth in Sections 4-201 and 4-202, Article IV, Rezoning and Land Use Code Text Amendment. B. Subdivisions. Unless otherwise provided by these Regulations, division of land shall be subject to the Subdivision Review process set forth in Section 5-301 of Article V, Subdivision Review Procedures. C. Exemption. A request for exemption from the definition of subdivision shall be subject to the review process set forth in Division 4 of Article V.. D. Signs. Signs are subject to a specific review and approval process set forth in Division 2 of Article XI. SECTION 2-107 AMENDMENTS TO APPROVALS OF LAND USE PERMITS GRANTED UNDER REGULATIONS ADOPTED PRIOR TO OCTOBER 13, 2008. Amendments may be made to Conditional Use Permits and Special Use Permits approved by the Board of County Commissioners under the Zoning Resolution of 1978, as amended (the old code). An amendment request shall be required to demonstrate that the amendment does not result in a Substantial Change as defined in Article XVI. Should the Director determine that the requested change results in a Substantial Change, the Applicant shall submit a new Land Use GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 2-3 Change permit application under the Unified Land Use Resolution of 2008, as amended. Amendments to Land Use Change Permits approved by the Board of County Commissioners or as a Director Determination through an Administrative Process shall follow the process in Section 4-107. DIVISION 2 VESTED PROPERTY RIGHTS1 SECTION 2-201 PURPOSE The purpose of this Division is to provide the procedures necessary to implement the provisions of Article 68 of Title 24, C.R.S., as amended, and to effectuate local control over creation of vested property rights to the fullest extent permitted under the law. SECTION 2-202 ESTABLISHMENT OF VESTED PROPERTY RIGHTS A. General Pursuant to this Land Use Code, a vested property right shall be deemed established for a period of three (3) years with the approval of a Site Specific Development Plan as defined in Section 2-202(B) of this Article. When a Site Specific Development Plan is approved, the vested right shall confer upon the landowner the right to undertake and complete the development and use of the property under the terms and conditions of the Site Specific Development Plan. If the term of approval for the Site Specific Development Plan is approved for more than three (3) years pursuant to these Regulations, the term of vested property rights may be extended to conform with the extended approval term pursuant to a Development Agreement as provided in Section 2-202(C). (2009-53) B. Site Specific Development Plan For the purposes of this Section, Site Specific Development Plan shall mean a Land Use Change Permit, a Final Plat for Subdivision, Rural Land Development Exemption Plat, Subdivision Exemption Plat, the filing of a PUD after the signing and recording of the first Final Plat required pursuant to the PUD approval or in the case of the PUD subject to no further subdivision requirements, after the signing and recording of the PUD Plan. (2009-53) C. Development Agreements The Board of County Commissioners may enter into a development agreement with the landowner for a vesting period for longer than three years where, in the discretion of the Board, an extension is warranted due to all relevant circumstances including but not limited to project size and/or phasing of the development, economic cycles and/or market conditions. (2009-53) D. Approval and Effective Date A vested property right shall be deemed approved upon the effective date of the Board of County Commissioners’ approval action, following notice and public hearing conducted in accordance with CRS 24-68-101, et seq. The Board’s approval of a Site Specific Development Plan may include such terms and conditions as may be 1 This Section is proposed to behas been moved from Article 1 per Code Committee recommendations.. The WA outline recommends moving this Section to Article 3, Divisions of Land. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 2-4 reasonably necessary to protect the public health, safety and general welfare. Failure to abide by such terms and conditions will result in forfeiture of the vested property right. (2009-53) E. Notice of Approval Each site specific development plan shall contain the following language: "Approval of this plan shall create a vested property right pursuant to article 68 of title 24, C.R.S., as amended." Failure to include the foregoing statement in a request for approval shall invalidate the creation of the vested property right. In addition, a notice describing generally the type and intensity of use approved, the specific parcel or parcels of property affected and stating that a vested property right has been created shall be published once, not more than 14 days after approval of the site specific development plan, in a newspaper of general circulation within the County. (2009-53) F. Subsequent Review and Approval Following approval or conditional approval of a Site Specific Development Plan, the Site Specific Development Plan shall be subject to subsequent reviews by the County to ensure compliance with the terms and conditions of the original approval. Any such review and subsequent approval(s) must be consistent with the terms and conditions of the original approval. G. Exceptions Once established pursuant to these Regulations, a vested property precludes any zoning or land use action by the County during the period of time that the property right is established to be vested that would alter, impair, prevent, diminish, or otherwise delay the development or use of the land subject to the Site Specific Development Plan consistent with the terms and conditions of the Site Specific Development Plan, except under the following conditions. 1. Landowner’s Consent. With the consent of the affected landowner. 2. Hazards. Upon the discovery of natural or man-made hazards on or in the immediate vicinity of the subject property, which hazards could not reasonably have been discovered at the time of the approval of the Site Specific Development Plan, and which hazards, if uncorrected, would pose a serious threat to the public health, safety and welfare. 3. Just Compensation Paid to Landowner. The affected landowner receives just compensation for all costs, expenses, and liabilities incurred by the landowner, including but not limited to all fees paid in consideration for financing and all architectural, planning, marketing, legal and other consultants’ fees incurred after approval by the County, together with interest at the current market rate until paid. Just compensation shall not include any diminution in the value of the property which is caused by such action. H. Applicability of General Ordinances and Regulations The establishment of a vested property right shall not preclude the application of ordinances, resolutions or regulations which are general in nature and are applicable to all property subject to land use regulations by the County, including but not limited to building, fire, plumbing, electrical and mechanical codes.