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HomeMy WebLinkAboutbocc.res.031.1975 RESOLUTION BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO No. 75-4 Re: Nonconforming Uses WHEREAS, this Board initiated a proposal to amend existing Section X of the Pitkin County Zoning Resolution of 1955, as amended, dealing with nonconforming uses and lots; and WHEREAS, in September, 1974, this Board referred the proposal to amend Section X to the Planning & Zoning Commission pursuant to then Section 106-2-15, C.R.S. 1963; and WHEREAS, this Board held a public hearing on the matter on January 6, 1975, by notice duly published on December 5, 1974; and WHEREAS, at under advisement; the public hearing the Board took the matter and WHEREAS, it has duly considered and revised the proposal at various of its Monday meetings thereafter; and WHEREAS, the text of the proposal and several alternate proposals were referred to City Clerk of the City of Aspen and to the Division of Planning, no comments having been received; and WHEREAS, the Board is ready to act in the matter, NOW, THEREFORE, BE IT HEREBY RESOLVED that the portions of Section X dealing with nonconforming uses, paragraphs 10.01 through and including 10.18, as attached hereto and incorporated herein by reference, are hereby adopted as part of the Pitkin County Zoning Resolution of 1955, as amended, to replace existing paragraphs 10.01 through 10.05, and 10.07; and that Section 6.01 thereof is amended to include the following paragraph after the existing two paragraphs: "Special Review uses shall also include those set forth in Section X of this Zoning Resolution concerning nonconforming uses and lots." Dated: ~.X~.~ BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY Dwight K. S~ellman, Chairman~ ATTEST: Nina Johnsto~, Deputy Clerk - 2 - SECTION X NONCONFORMING USES AND LOTS ae NONCONFORMING USES 10.01 Nonconformin~ Use. A nonconforming use is a use that lawfully existed at the time of the adoption of the Pitkin County Zoning Resolution of 1955, or relevant amendments thereto, that is maintained following such adoption, although thereafter prohibited by the use res- trictions of the zoning district in which it is then located. 10.02 Uses by Special Review as Nonconforming. (a) Any use (except a high-impact use as hereinafter defined) lawfully existing in a zoning district that, because of the adoption of the Pitkin County Zoning Resolution or any subsequent relevant amendment thereto, would be a Use permitted by Special Review in the zoning district in which it is then situate shall be deemed to have received such Special Review Use permission, but such use shall not be changed, altered or repaired, extended, restored, or resumed after discontinuance in violation of para- graph 10.05 - 10.09 without approval therefor having been first obtained pursuant to the Special Review Use provisions of the Pitkin County Zoning Resolution. Adopted: April 14, 1975 (b) A high impact use lawfully existing in a zoning district that, because of the adoption of the Pitkin County Zoning Resolution or any subsequent amendment thereto, would be a use permitted by Special Review in the zoning district in which it is then situate shall become a nonconforming use. Within one year from the date it becomes nonconforming, an application for Special Review Use approval may be made pursuant to the Special Review Use provisions of the Pitkin County Zoning Resolution. Upon approval and issuance of a Special Review Use Permit, if such occurs, the use thereafter shall be subject to paragraph 10.02(a). A high impact use shall be any heavy business, com- mercial, or industrial use in an agricultural, residential or resource zone, such as, but not limited to, the following: con- crete batch plants; mining and other extractive operations, such as sand and gravel operations; processing plants, crusher operations; hot-mix plants; saw mills; quarries; junkyards; dumps; billboards and signs; auto wrecking yards; and any other such heavy business, commercial, and industrial use that is the source of significant cinders; dust, noxious fumes; smoke; noise, air or visual pollution; or the like, any of which is detrimental, a nuisance, and injurious to the general welfare or to adjacent lands and uses. 10.03 Unlawful Uses. No unlawful use of property existing at the time of the passage -2- Adopted: April 14 , 1975 of the Pitkin County Zoning Resolution, or any relevant amend- ments thereto, shall be deemed a nonconforming use entitled to rights and privileges under Section X, and no unlawful structure existing at the time of adoption of this amending resolution shall be deemed a nonconforming structure. Such uses or struc- tures may be required to be abated forthwith. 10.04 Structures Under Construction. Any nonconforming use for which a valid building permit has been issued at the time it became nonconforming may be completed and occupied in accordance with the requirements of the building permit that was previously issued and of the Building Code, subject, however, to the provisions of this Section X. 10.05 Chan~es of Nonconformin~ Use. A nonconforming use may be, upon approval of a Special Review Use application under Section VI, changed to a same or more restrictive classification, according to the provisions of the Pitkin County Zoning Resolution, although remaining nonconforming; provided, however, that all other provisions of this Section X shall apply to the new use. Any relevant time periods here- under pertaining to the old and new conforming uses shall be c~ulative. -3- Adopted: April 14 , 1975 10.06 Extensions of Nonconformin~ Uses. No nonconforming use, whether presently in existence or here- after created, shall be enlarged or extended under any circum- stances, other than as is expressly permitted in this Section X. 10.07 Re~airs or Alterations to Nonconforming Uses. This Section X shall not prohibit minor repairs or alterations to, or maintenance of, a building, structure or use, to improve its appearance, safety, or efficiency, which alterations or repairs do not require the removal or replacement of any struct- ural member or increase the floor area of the building. 10.08 Restoration of Damaged Nonconforming Use. No nonconforming use, if at least seventy (70) percent of the structure above the foundation shall be destroyed due to any cause, shall be restored in nonconforming form or location or restored for the continuance of a nonconforming use. If less than seventy (70) percent of the structure above the foundation has been destroyed, such a building or structure, if so permitted after Special Review Use application under Section VI, may be restored in substantially the same form and location, but with- out enlargement, for a continuance of the former nonconforming use, but subject to all requirements of this Section X. Failure to make full and complete application under Section VI for res- -4- Adopted: Aprill4 , 1975 toration within ninety (90) days, and for a building permit within six (6) months from the Board's decision date shall be deemed an abandonment of such nonconforming use. All require- ments of the then adopted Building Code shall be applicable. 10.09 Discontinuance of Nonconforming Use. Whenever a nonconforming use or any significant part or portion thereof, has been discontinued for a period of one (1) year, such discontinued nonconforming use or part or portion thereof shall not thereafter be re-established, and all future use shall be in conformity with the provisions of the Pitkin County Zoning Resolution then in effect. Such discontinuance of the active and continuous operation of such nonconforming use, or any signif- icant part or portion thereof, for such period of one (1) year, shall be considered discontinuance hereunder regardless of any intent not to abandon. 10.10 Termination of Nonconforming Uses. In all zoning districts, any use existing at the time of the adoption of the Pitkin County Zoning Resolution or any sub- sequent amendment thereto, that becomes nonconforming shall be entirely discontinued and terminated no later than five (5) years from the date of its becoming a nonconforming use, unless -5- Adopted: April 14 , 1975 permitted to be continued pursuant to this Section X, specifi- cally paragraphs 10.02, 10.05, 10.08, 10.11, 10.12, 10.13, and 10.14. 10.11 Pre-existing Nonconforming Public Service Uses. Upon application of the owner of a nonconforming use pursuant to the Use by Special Review provisions of the Zoning Resolution (Section VI), the Board of County Commissioners (upon recommen- dation first made by the Planning Commission) may permit such particular nonconforming use to continue in its location as a Use by Special Review, subject to paragraphs 10.05 to 10.09 (and hence as thereafter a permitted use) if it concludes that: (a) the use is not totally inconsistent with the Master Plan, if applicable, considering the nature of the use, its location, its scope and the like; and (b) the use serves a significant public interest that could not be so served by the relocation of the use to the nearest area where the then- current zoning would permit it, or by similar uses elsewhere in the county (~.~., a small convenient grocery store serving the needs of a specific neighborhood); and -6- Adopted: April 14, 1975 (c) (d) Such application on which the use reasonable measures are to be undertaken by the applicant to alleviate or reduce the incompati- bility or adverse effects of the nonconforming use, which are to be a condition of any approval hereunder; and notwithstanding the receipt of any Public Service Special Review Use permit under this subsection, the permitee shall be required to obtain all other applicable state or local licenses or per- mits and shall comply with all other state and local regulations from time to time in effect. shall be filed within one (1) year of the date became nonconforming. 10.12 Increased Amortization and Abatement. In the event that the owner of a nonconforming use is not granted approval as a Public Service Use by Special Review pursuant to Section 10.11, and believes the five (5) year termination pro- vision of Section 10.10 unduly harsh in its application to him, he may apply, pursuant to the Special Review Use provisions, for an extended amortization or abatement period to the Pitkin County Planning Commission. After that Commission has made a rec- ommendation, the Board of County Commissioners may, after a public hearing, grant an extended amortization or abatement -7- Adopted: Aprill4 , 1975 period longer than as provided in Section 10.10, but no longer than twenty-five (25) years. Factors each body shall consider are the date the use became nonconforming, the capital expen- diture involved in the particular use, the costs incident to a removal of the use to a permissible area, the value of the land and improvements for a permitted area, the salvage value of the improvements if the use be terminated, the extent to which the use has already been depreciated for federal income tax purposes, the duration of the period for such federal income tax dep- reciation for the particular use, the duration of any previously existing mortgage upon the use, and other such similar economic factors; the extent to which such longer continuation of the nonconforming use would violate the public health, safety, welfare and interest in the particular location of the noncon- forming use and in the county as well; and whether any reasonable measures can be undertaken by the applicant significantly to eliminate, alleviate, or reduce the incompatibility or adverse effects of the nonconforming use or structure, which measures would be a condition of any such extension. The Board of County Commissioners, by written resolution, shall make appropriate findings of fact based upon substantial evidence. 10.13 Residential Preservation Clause. Ail single-family, and duplex-family residential uses, including -8- Adopted: April 14 , 1975 those required to have building code exceptions (~.~., individual mobile homes but not those in mobile home parks), that were lawful when established, and continuously so used thereafter, shall be entitled to continue and be deemed allowed uses; pro- vided, however, they may not change, replace, alter or repair, extend, restore, or resume after discontinuance in violation of paragraphs 10.06 and 10.09 hereof, without having obtained ap- proval therefor pursuant to the Special Review Use provisions of the Pitkin County Zoning Resolution. 10.14 Mobile Home Parks. So long as any existing and presently nonconforming mobile home park is duly and currently licensed under the Pitkin County Mobile Home Regulations, as such may from time to time be amended, it shall be deemed a conforming use for the period of any permit or license thereunder. 10.15 Bulk Requirements. Any use or structure lawfully established that becomes noncon- forming solely by reason of bulk, height, set-back, and minimun lot size requirements shall be entitled to continue free of the provisions of this Section X and to be deemed allowed uses. -9- Adopted: Aprill4, 1975 10.16 Combining Applications Permitted. An applicant may combine in one application any Special Use applications stated in this Section X. Review 10.17 Public Hearings. Ail public hearings required or which may be held under this Section X of the Pitkin County Zoning Resolution shall be advertised at the expense of the applicant by a notice thereof in the official legal publication of Pitkin County by one (1) publication made not less than thirty (30) days prior to the date of any such hearing before the Board of County Commissioners. Such notice shall contain the place and date of the hearing, the property description of the affected property, a description of the use, the name of the person or entity requesting the hearing, and a general statement of what is to be considered at the hearing. All interested persons may appear and be heard at such hearings. 10.18 Time Computation. When a time computation hereunder is stated to begin at the time a use becomes nonconforming, the time period stated shall begin at that time, or upon the adoption of this revised Section X as stated below, whichever is later. Adopted: April 14, 1975. -10-