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HomeMy WebLinkAboutbocc.res.023.1978 �"`"�,ay�.;� � . . . ; �. �'Y.. '�` . . . � . . . . . .. _. .. . °�!'K" ' � � _.._...--- ��r��: Recorded at 3:55 P.M., Mar 6, 1978 Julie Hane, Recorder Reception Number: ' ,�': .r,. � 2o22s9 �<�� BODK��� tal���� �:: RESOLUTIOAI OF THE BOARD OF CODNTY COMMISSIONERS OF PITRIN COUNTY, COLORADO +_' . !z� - �;� ADOPTING VARIOUS AMENDMENTS TO `,,i THE PITKIN COUNTY LAND USE CODE t;n Resolution No. 78-� :,� �^t - ��� �". WHEREAS, the Board o£ County Commissioners, at its meeting �d � held February 23, 1978, did conduct public hearings on, and r ��' s:;,•. subsequent thereto, did apgrove, various amendments to the �^;; Pitkin County Land Use Code, which approvals the Board wishes '��`� to make of record in resolution form, ��� �i � NOW, THEREFORE, BE IT RESOLVED by the Board of County ��- T: �:� Commissioners of Pitkin County, Colorado, that Section 7.32 `";� of the Pitkin County Land Use Code be and hereby is repealed and �'� xa reenacted to read as follows � 7.12 Increased Amortization Period; Exemption from � Abatement Provisions �; �'�:. • a. In the event that an owner or occupant of a non- _� conforming use believes the five (5) year abate- �w ment provision o£ Section 7.10 unduly harsh in k its application to him (and wishes to be exempted ;�� from the abatement provision or seek an extended '��; amortization period) or has been denied approval � ' as a Public Service Use by Special Review pursuant yv' } to Section 7.11, he may apply, pursuant to the t"' �:;� a. provisions of this Section, for an extended t�,' ; amortization period or for exemption from abate- � , ment, all as hereinafter provided. _ g � , � b. In order to carr out the ur oses of this Section �Yi � Y P P F;;.�: 7.12, Pitkin County shall, on or before March 31, Yw: � 1978, and by certified mail, give to all owners ,;:? � or oCCUpants of nonconforminq uses subject to ��T � abatement under Section 7.10 who have not previously � � applied hereunder, notice of the provisions of -;;� this Section 7.12 and no proceedings sha11 be ;,� initiated to abate any nonconforming use during �'� the expeditious pzocess of an application filed ��' �' hereunder within ninety (90) days of receipt of t;„. � such notice. !;'" ,� C � z� �" c. All applications for exemptions ar extended. amortization pex•iods shall be filed on forms to c� be supplied by Pitkin County designed to supply ` ` information sufficient to address those review �; � criteria descxibed in subparagraph e. `' �d" d. The Pitkin County Zoning Enforcement Officer may �^� ,:. on his own initiative and with the consent of `;.=' the owner of a nonconforming use, process an application for exemption on behalf of such owner �;; � `, �� Lc; . �� , t. � c�r cir`3�S.i+jc_' :-t; �r: �f;„��.. ��.r.�iE e . ' �'�¢i • - � � . � � . . . . . . . . ' . . . .�:'_s: . ..1.: .� � . ._ . . . � � ... .. . . . � � .. ...-. ..... "-:. .... ��.... ._. .V.-. • w y1: ➢c��:_: ��:'. - � .aoo�c3�� �:,�,;;:$�8 ��; ` �� i9 � �. when he feels the granting of an exemption is �,¢ ' appropriate. Provided, however, that the Officer � . � may not apply for an increased amortization period y� on behalf of any owner, nor shall an owner be precluded from reapplying, on his own behalf, far an exemption in the event the Officer's application is denied. - e. All applications for extended amortization period6 and exemptions shall be forwarded to the Planning and Zoning Commission for review and recommendation. The Board of County Commissioners, on receipt of such recommendation and subsequent to a public hearing conducted pursuant to the notice require- � : ments of Section 7.17, may grant a request for an extended amortization period or an exemption having taken i.nto consideration eaeh.of the following: 1. The nature of the nonconforming use, the character of the improvements, and the date the nonconforming use was established. 2. The nosmal useful remaining life of the improvements. 3. The cost of the improvements (excluding land) , the extent to which they have been depreciated, and their salvage value. 4. What percentage of the owner or occupant's entire business consists of nonconforming uses. 5. The monopoly or advantage, if any, resulting to the owner or occupant by reason of the £act that si.milar new uses are prohibited in the same area. 6. The adverse impacts of the nonconforming use on the neighborhood and County as a whole. 7. The extent to which reasonable measures have, ` and may, be taken to mitigate such adverse impacts and the assurances given by the owner °� or occupant.to undertake (or continue) such � measures. � � f. The Board, by written resolution, shall make �� appropriate findings of.fact and conclusions based on •`.� substantial evidence and the standards for review � stated above, a copy of which findings and conclusions �;. shall be made of record in the offices of the Pitkin � County Clerk and Recorder. �'� F?i g. In no event shall an exemption be granted or an k� increased amortization schedule be approved for 4; any nonconforming use required to be abated pursuant to the provisions of Section 7.03 (Unlawful Uses), ��- Section 7.08 (ltestoration of Damaged or Non-con- �? forming Use) or Section 7.09 (Discontinuance of �� Non-conforming Use) . �=';^ °Y 4:. � h. In no event shall the failure of Pitkin County to ,�, notify property owners or occupants (pursuant to �,-� paragraph b.) of the provisions of this Section �'�; 7.12 constitute a defense to any action by said �;� Count to enforce the �`� y provisions of this Section �,y� 7, NON-CONFORMING USES AND LdTS. �;?: v 4r `a. vi� � _ 2 _ #�; " 1_:.,'�„Y��,.T�. W �.Y+r'� . ' .. ��5.. �-1,� � . . _ :�Jt .�-�. . ' � '"."� . �::��. . ...�l:�.i.�... . ' � . •::�. . � �:� j ' �;��,l ,-':t � � .'z�i�:� a sooK344 ra�409 .'�'; � . ;{ i k� b� �.•� r� . BE IT FURTHER RESOLVED, that Sections 9.01 and 9.02 � �' (subsections 9.02.01, 9.U2.�2, 9.02.03 and 9.02.04) of the � Pitkin County Land Use Co�e be and hereby are repealed and � � reenacted to read as follows: � �� 9.01 Scope and Authority � From time to ti.methe Board may amend any sections:of � this Code, including the number, shape, boundaries, � area or requirements of any zone district or areas, ��' and may create new districts and areas. This section �� � � sets fo=th all procedures for adoption of amendments �, to psovisions of this Code.except those provisions pertaining to private application for rezoning (Section � 6.03) and adoption and amendmends of Reference Materials (Section 11.03). �� 9.02 Private Applications �� 9.02.01 Private applications. for amendments to the provisions � of this Code sha11 be submitted to the Planning ��.� Office no later than June lst for consideration in .,��q' that year. A public notice that applications are being accepted shall be given no later than the �, first day of May by at least one publication in a newspaper of general circulation in the county. � 9.02.02 A private application for change in the language � of the Code shall include the name and address of �� the applicant and the language proposed for 't� addition, deletion, or amendment. Such application �,� shall be reviewed in accordancd with procedures �( outlined in Section 9.03 below. �` 9.02.03 A private application for rezoning shall aontain � the submission contents and be reviewed in accordance �'`-� with the procedures specified in Section 6.03, '�' General Submission. The Planning Office shall �`r €ir: � certify the application as complete no later than ;$ the first of July, otherwise the application shall �:;,: not be considered in that year. The Planning Office, fi�; may, however, require additional information in -'�x �.Y: the course of its review. � � �;: �a. 9.02.04 All private applications for alaendments to pro- � visions of this Code shall be considered by the 4:�� Planning Commission no later than the first of ' September of each yeax (unless both the applicant �:-` and the Commission shall agree to waive this E�'�' ' , requirement). u�� F'.' F:; BE IT FURTHER RESOLVED that the Pitkin County Land Use :: � Code be amended by the addition of Section 4.06 to read as � follows �= € - g`; 4.06 Annual Review of Subdivision Applications v In order to meet the abjectives of the Aspen/Pitkin ":�'; � County Growth Management Policy Plan, subdivision r; � ;_: � x' � K r: - 3 - .i;��i',,'R:� . :,rx"i ��r�: , . �r��a�+��f; . ���'�`-b+�'�.- _ ' . i�i'�: . � , • . � � ��: � i: � � e�� - soox344 e,;c�410 ���. ; ,_ � applicationsshall be submitted and considered only '� once a year. Applications shall be submitted to the � Planninq Office no later than June lst. A public � � notice that applications are being accepted shall be � given no later than the first day of May by at least �' one publication in a newspaper of general circulation '�� in the County. On or before September lst, the �. Building Inspector shall make a report to the P � Z 4 � � Commission regarding the number of residential � ;� building permits i�sued in each growth management -� `�? area. The above requirements notwithstanding, `fi: T�� any application for subdivision exemption or for a � :# subdivision which involves the division of a parcel into t.; � no more than two single family residential lots may 'r- � be submitted and considered at any time during the year. � ' ,,� <; BE ZT FINALLY RESOLVED that the first and second paraqraphs �� }: t� �' of Section 3.01.07 b. 3 of the Pitkin County Land Use Code be � � �� `-+�' and hereby are repealed and reenacted to read as folZows :�: � � � 3.01.07 b.3. Having completed the preliminary application r� � conference, and there having discussed specific :�: � areas of concern where additional information is ;�; � required, the applicant may proceed with his 4:� . P.M.H. zone application by preparing general � submission contents as specified in Section 6.03. � � In addition to the contents specified in Section �� 6.03, the applicant for P.M.H. must submit a � „ development plan which details housing factors l, " 2, and 3 above. This information is presented on ;, the P.M.H. General Submission form which is available at the Planning and Housing Authority � Offices. �: . . .. . f?�, _ . Except for 1976, all private P.M.H. applications ;� - must be submitted to the Planning Office no later �. than June lst. The applications must be certified complete by the Planning Office, with develop- � " ment/housing plan and general submission contents �� no later than July lst; otherwise the applicatibn �,5: shall not be considered that year. The Planning Office may, however, require additional information ' in the course of its review. "� rz S � .. �,x �Pp qviced.:..$his 27th day of February, 1978. `z � � `� �4 s;,, � �'� "1 c� ^, ,. ; ,-w��`6�}.��'$^�T,x„���s',��,�� BOARD OF COUNTY COMMISSIONERS N h � i + OF PITKIN COUNTY, COLORADO s '=Y /f t..�.� »4?.�4 e. •��.1 . . � 'f �.y ....'� . .t �' _ .. . . r� � �� �T '�•, F� �.� � ` . M ,������/ � �� T c�G er ;an �Recor er � � -�r � �>. � Robert W. Child, C airman ��y� , f ?!, k'�ifv�$P�R(}b��4}}��r�4 TO EORM: _ ,.c.,?'..�_ J! n+��^ ; . :i> `",:^": < . ._... � . `�./Lr»I�L lGC��� ounty'At .ey si i? _ 4 _ ���;:�. �, �..�;�..,:,t,_>;� , .