Title 15 - Article V

150.1. An appeal from any final order or decision of the Planning Administrator (Town Manager) may be taken to the Board of Adjustment (Town Council) by any person aggrieved of any order, requirement, decision, or determination of the administrative official charged with the enforcement of the provisions of this Title. An appeal is taken by filing with the Administrator and the Board of Adjustment a written Notice of Appeal specifying the grounds to be considered and shall indicate what provisions of said Title is involved, what relief from these provisions is being sought, and the ground(s) upon which the appeal is based. A Notice of Appeal shall be considered filed with the Administrator and the Board of Adjustment when delivered to the Land Use Office, and the date and time of filing shall be entered on the notice by the planning staff.

150.2. An appeal must be made within thirty (30) days after the date of the decision or order being appealed.

150.3. Whenever an appeal is filed, the administrator shall forthwith transmit to the Board of Adjustment all the papers constituting the record relating to the action being appealed.

150.4. An appeal stays all actions by the Administrator seeking enforcement of or compliance with the order or decision being appealed, unless the administrator certifies to the Board of Adjustment that (because of facts stated in the certificate) a stay would, in his opinion, cause imminent peril to life or property. In that case, proceedings shall not be stayed except by order of the Board of Adjustment or a court, issued on application of the party seeking the stay, for due cause shown, after notice to the Administrator.

150.5. The Board of Adjustment may reverse or affirm (in whole or in part) or may modify the order, requirement or decision or determination being appealed and shall make any order, requirement, decision or determination that in its opinion ought to be made in the case before it. To this end, the Board shall have all the powers of the officer from whom the appeal is taken.

150.6. The Board shall set a public hearing within thirty (30) days of its receipt of an Application for Appeal. A Notice of such hearing shall be published in a newspaper of general circulation in the town at least one (1) week prior to said hearing. A copy of said Notice shall be sent to the parties submitting appeal. At the hearing any person may appear in person and/or be represented by an attorney or agent. The Board shall render a decision within thirty (30) days of said hearing and shall notify the person(s) applying appeal of the decision.

With respect to appeals, a motion to reverse, affirm, or modify the order, requirement, decision, or determination being appealed shall include, insofar as practicable, a statement of the specific reasons or findings of facts that support the motion. If a motion to reverse or modify is not made or fails to receive the two-thirds vote necessary for adoption then a motion to uphold the decision being appealed shall be in order.

152.1. An application for a variance shall be handled as all other approvals in this LUC; meaning a noticed public hearing before the Planning Commission after which a statement of action to be sent to Town Council for final decision at a single public hearing.

152.2. A variance may be granted if it concludes that strict enforcement of this LUC would result in practical difficulties or unnecessary hardships for the applicant that a granting would correct provided the spirit of the ordinance is still observed and public safety and welfare secured, and substantial justice done. It may reach these conclusions if it finds that:

152.2.1. The applicant complies strictly with the provisions of the resolution and can make no reasonable use of his property,

152.2.2. The hardship of which the applicant complains is one suffered by the applicant rather than by neighbors or the general public,

152.2.3. The hardship relates to the applicant's land, rather than personal circumstances,

152.2.4. The hardship is unique, or nearly so, rather than one shared by many surrounding properties,

152.2.5. The hardship is not the result of the applicant's own actions, or

152.2.6. The variance will neither result in the extension of a nonconforming situation in violation of provisions for nonconforming situations in this resolution or authorize the initiation of a nonconforming use of land.

152.3. In granting variances the Town Council upon recommendation of the Planning Commission may impose such reasonable conditions as will ensure that the use of the property to which the variance applies will be as compatible as practicable with the surrounding properties.

152.4. A variance may be issued for an indefinite duration or for a specified duration only.

152.5. The nature of the variance and any conditions attached to it shall be entered on the face of the approval, or the approval may simply note the issuance of the variance and refer to the written record of the variance for further information. All such conditions are enforceable in the same manner as any other applicable requirement of this resolution.

152.6. Before granting a variance, the Council motion must state the reason(s) (by a two-thirds majority) for granting the variance and address, insofar as practical,, a statement of the specific reasons or findings of fact supporting such motion.

152.7. A motion to deny a variance may be made on the basis that any one or more of the six (6) criteria set forth in this section are not satisfied or that the application is incomplete. Insofar as practicable, such a motion shall include a statement of the specific reasons or findings of fact that support it.

153.1. The Board of Adjustment is authorized to interpret the zoning map and to pass upon disputed questions of lot lines or district boundary lines and similar questions. If such questions arise in the context of an appeal from a decision of the Administrator, they shall be handled as an appeal.

153.2. An application for a map interpretation shall be submitted to the Board of Adjustment by filing a copy of the application with the Administrator in the Planning Department. The application shall contain sufficient information to enable the board to make the necessary interpretation.

153.3. Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the Council shall be consulted and following rules shall apply:

153.3.1. Boundaries indicated as approximately following the centerlines of alleys, streets, highways, streams, or railroads shall, be construed to follow such centerlines;

153.3.2. Boundaries indicated as approximately following lot lines, city limits or extraterritorial boundary lines, shall be construed as following such lines, limits or boundaries;

153.3.3. Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline, it shall be construed as following such shorelines;

153.3.4. Where a district boundary divides a lot or where distances are not specifically indicated on the Official Zoning Map, the boundary shall be determined by measurement, using the scale of the Official Zoning Map;

153.3.5. Where any street or alley is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment.

153.4. Interpretations of the location of floodway and floodplain boundary lines may be made by the Administrator as provided and agreed to by the Colorado Water Conservation Board or its representative.

Any portion of this Title and/or the zoning map may be changed whenever the public necessity, health, safety, general welfare, and/or good zoning practices justify such action. The Town Council shall make amendments to this resolution upon recommendation from the Planning Commission or by application of a citizen or group of citizens, firm or corporation, residing, owning or leasing property in the town. Rezoning single or subdivided lots or parcels is made as an approval as described in Article III. The request for such change shall be submitted in writing to the Town Land Use Administrator on a form provided for the purpose. Rezoning of single parcels, contiguous tracts and parcels, and subdivided parcels, may only be initiated by the owner (developer), unless it as an amendment of this LUC initiated by the Town, affects an entire district, and meets with the approval of 90% of the affected landowners. The rezoning of lots and parcels as a condition of subdividing, special use permit, or as a requirement to receive construction (building, septic, etc.) permits is not considered an amendment under this section but an approval and follows the procedure of Article III.

155.1. Amendments to the ordinance codified in this title shall be in accordance with the laws of the State of Colorado which require the following action before adoption of any such amendment:

155.1.1. Study and recommendation on the proposed amendment by the Planning and Zoning Commission; and

155.1.2. Completion of a public hearing before the Board of Trustees/Town Council after at least thrity (30) days’ notice of the time and place of such hearing by publication in a newspaper having general circulation within the town.

A fee to be determined on the scope of the amendment shall accompany all requests for amendments to this title or the zoning map, except those initiated by the Town Council or the Town Planning Commission, or any administrative officer of the Town. The Town Administrator shall place the amendment and all supporting documents on the agenda of a regular meeting of the Town Planning Commission as expeditiously as possible. The Town Administrator shall submit a written or verbal report of the amendment, its documentation, and such other information as is deemed pertinent at the meeting at which the amendment is to be first considered.

157.1. At the meeting at which the amendment is on the agenda for first consideration, the Town Planning Commission shall review the amendment and the written report of the administrators and hear and receive testimony. The Planning Commission will withhold making a motion on the amendment until their next meeting.

157.2. The Planning Commission shall cause notice to be published as required by law at least once in a newspaper of general circulation in the Town not less than thirty (30) days prior to the public hearing. If the cause is for a change in the zoning map (other than a rezoning for single lots or a subdivided lot and/or parcels) a Notice of Public Hearing on the proposed changes shall be sent to the last known address of owners of real property adjacent to (or more at the discretion of the Administrator) the property on which the change of the Zoning Map is proposed, and to such other persons as in the judgment of the Administrator should be notified. Such notice is to be given not less than thirty (30) days before the date set for the hearing.

157.3. At the second meeting concerning the amendment, the Planning Commission may recommend approval or disapproval of the proposed amendment, in whole or in part. The action of the Planning Commission shall be in writing and shall contain the following findings of fact and shall include a statement setting forth those factors which the Planning Commission considered controlling factors in reaching its decision.

157.3.1. The proposed amendment is in conformance with the Land Use Plan and other Town plans.

157.3.2. The change requested promotes the public necessity, health, safety and general welfare, and is consistent with good land use and zoning practice.

Section 158: Referral to the Town Council

158.1. The recommendation by the Planning Commission shall be rendered within ninety (90) days of receipt of the amendment by the Planning Commission and referred to the Town Council within the same time period. The Town Council, in whole or in part, may adopt a resolution embodying the recommendation, at a public hearing that is published thirty (30) days before the amendment is heard.

158.2. The Town Council may attach such requirements, conditions, and/or reviews to action on applications presented, as it feels necessary to carry out the intent and purposes of this resolution. If the amendment is for a major development and it is not underway in keeping with said intent, the Town Planning Commission may initiate action to rezone the subject area back to the classification it had prior to the change in zoning, or to any other more appropriate classification. The favorable vote of three-quarters of the Town Council shall be required to approve an amendment or map change that has not been recommended by the Planning Commission.

In the event the proposed amendment is denied by the Town Council, no new request for the same or a substantially similar amendment shall be heard by the Town Council within one (1) year of such denial.

The findings and decisions of the Town Council shall be final. Appeals to District Court shall be made within thirty (30) days from the date of Town Council action.

Any area annexed by the Town of Rangely shall be brought under the provisions of this title and the map therein within ninety (90) days from the effective date of the annexation ordinance, irrespective of any legal review, which may be instituted challenging the annexation. During such ninety-day period, or such portion thereof as is required to zone the territory, the Town shall refuse to issue any building permit for all or any portion of the newly annexed area.

Reserved

This title shall be administered and enforced by the Town Manager and those designated by the Manager.

172.1. Any subdivider, or agent of a subdivider, who transfers, sells, or agrees to sell or offers to sell any subdivided land before a final plat for such subdivided land has been approved by the Town Council and recorded or filed in the office of the County Clerk and Recorder, shall be guilty of a misdemeanor and shall be subject to a fine not to exceed one thousand ($1000) dollars nor be less than five hundred ($500) dollars for each parcel or interest in subdivided land which is sold or offered for sale. All fines collected under this paragraph shall be credited to the General Fund of the Town. The Town Council in which the subdivided land is located shall have the power to bring an action to enjoin any subdivider from selling, agreeing to sell, or offering to sell subdivided land before a final plat for such subdivided land has been approved by the Town Council.

172.2. Failure to comply with these regulations may result in the Town of Rangely refusing to issue any Town permits on the subject property, including, but not limited to, building permits, utility service for gas, water or sewage disposal, conditional use permits, special use permits, road access permits, etc. on any parcel which has not been properly subdivided. This shall apply to all divisions of lands, including, but not limited to, minor and major subdivisions, subdivision exemptions, boundary line adjustments, and planned unit developments.

The provisions of this Title shall be held to be the minimum requirements fulfilling its objectives. Where the conditions imposed by any provision of this Title are less restrictive than comparable conditions imposed by any other provisions of this Title or of any other ordinance, resolution, or regulation, the provisions which are more restrictive shall govern.

174.1. On finding, through apparent action of, or upon complaint, that a use of land is in violation of this LUC, the Town Manager shall investigate the complaint and follow the process outlined here except as provided for nuisances. Based on the investigation the Manager shall make a report of the findings to the Planning Commission. The Planning Commission shall comment on the violation and the Town Manager shall provide notification that a correction is in order to rectify the violation. The manner in which this is approached shall be cordial and corrective actions restricted to rectification of the violation. The corrective action shall be enforced only after a written complaint is provided the owner of the use and a thorough investigation has confirmed the extent and actual situation of the violation. Written notice is to cordially request person responsible and/or owner to cease such violation forthwith and to provide a reasonable time for remedy.

174.2. Notwithstanding the foregoing, in cases when delay would seriously threaten the effective enforcement of this resolution or pose a danger to the public health, safety, or welfare, the Town Manager may seek enforcement without prior written notice by invoking any of the penalties or remedies authorized in this Code after consultation with the Planning Commission Chair and Town Council via reasonable methods of communication.

The owner, tenant, or occupant of any building or land or part thereof and any architect, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this resolution may be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided.

176.1. Persons who violate or maintain any violation of any of the provisions of this title, or who fail to comply with any requirements thereof, or who build in violation of any statement of plan submitted and approved therein, shall for each and every violation or noncompliance be guilty of a petty offense, and upon conviction thereof, shall be punishable by a fine of not to exceed three hundred dollars ($300), or by imprisonment for not more than ninety (90) days, or by both such fine or imprisonment for each such violation.

176.2. Each day that any violation continues after notification by the Town Manager that such violation exists shall be considered a separate offense for purposes of the penalties and remedies specified in this section. 176.3. Any one, all, or any combination of the foregoing penalties and remedies may be used to enforce this Title.

177.1. A Conditional-Use Permit may be revoked by the issuing authority (in accordance with the provisions of this section) if the permit recipient fails to develop or maintain the property in accordance with the plans submitted, the requirements of this LUC, or any additional requirements lawfully imposed by the permit-issuing board. A Zoning Permit cannot be revoked but the permit issuing board can find, following the procedures outlined in this section, that the use has become non-conforming and therefore is a non-conforming use under the provisions of this LUC and converted from a conforming to a non-conforming use.

177.2. Before a Conditional-Use Permit may be revoked or a Zoning Permit is converted to non-conforming, the Notice of Hearing and all other requirements of Article III shall be in compliance. The notice shall inform the permit recipient of the alleged grounds for the revocation or conversion to non-conformance.

177.2.1. The burden of presenting evidence sufficient to authorize the permit-issuing authority to conclude that a permit should be revoked or converted for any of the reasons of violating the provisions of this LUC shall be upon the party advocating that position. The burden of persuasion shall also be upon that party.

177.2.2. A motion to revoke or convert a permit shall include, insofar as practicable, a statement of the specific reasons or findings of fact that support the motion.

177.3. Before a permit may be revoked or converted, the Administrator shall give the permit recipient ten (10) days notice of intent to revoke the permit and shall inform the recipient of the alleged reasons for the revocation and of his right to obtain an informal hearing on the allegations. If the permit is revoked, the Administrator shall provide to the permittee a written statement of the decision and the reasons therefore.

177.4. No person may continue to make use of land or buildings in the manner authorized by any permit after such permit has been revoked in accordance with this section.

178.1. Every decision of the Town granting or denying an approval and every final decision of the Town Council shall be subject to review by the District Court by proceedings as allowed for in the situation in the Colorado Revised Statutes.

178.2. The petition to the Court must be filed with the District Clerk of Court within thirty (30) days or as allowed in State Statute, whichever is longer, after the later of the following occurrences:

178.2.1. A written copy of the Council’s decision has been filed in the office of the Town, and 178.2.2. A written copy of the Council’s decision has been delivered by personal service or certified mail, return receipt requested, to the applicant or appellant and every other aggrieved party who has filed a written request for such copy at the hearing of the case. 178.3. A copy of the Writ of Certiorari shall be served upon the Town of Rangely.

This Title shall not be construed to hold the Town or its authorized representatives responsible for any damage to persons or property by reason of the inspection or reinspection authorized in this Title, or failure to inspect or re-inspect, or by reason of issuing a building permit as provided in this Title.

Reserved

Any use, parcel, or structure that legally existed prior to the adoption of this LUC or any amendment thereto which does not conform to the provisions of the LUC at the time of adoption shall be known as a nonconforming use, nonconforming parcel, or a nonconforming structure and such shall be reflected in the zoning permit kept on file in the Town administrative offices.

If a nonconforming use has been discontinued for a period of twelve (12) consecutive months the use may not be thereafter re-established unless the use is in conformance with the provisions of this LUC. A nonconforming use followed by a permitted conforming use will result in the loss of the nonconforming use.

If a nonconforming parcel ever comes under the same ownership as a contiguous parcel, the whole shall be considered a nonconforming parcel. Thereafter that parcel or the larger parcel, if the two are combined, shall be considered nonconforming until such time as the entire parcel meets the provisions of this title.

A nonconforming use within a structure may be extended throughout the same structure devoted to such use at the time of adoption of this Title or prior to any subsequent amendments thereto, which caused such use to become nonconforming. Any enlargement or expansion of a nonconforming use is strictly prohibited.

Ordinary repairs and maintenance of a structure and care of lands containing a nonconforming use shall be permitted. A nonconforming structure that is less than 50% damaged or destroyed by fire, explosion, or natural occurrence may be restored to the condition in which it was immediately prior to the occurrence of such damage or destruction, provided: The restoration or reconstruction shall not extend beyond the original limits of the structure in setbacks, lot area coverage, height, and floor area. All restoration or reconstruction shall be commenced within six (6) months from the date of damage and shall be completed within one (1) year.

Reserved

All approvals sought for as part of this resolution require the filing of an application and submittal of additional material as requested. Fees for staff activities relevant to the proposal and post-approval work will be charged based on an established rate set by the Town Council each year in January after adoption of the Town budget. In the event the Council does not change the fees, the previous fee(s) in effect shall stay in effect until changed or if fees are discontinued for a period of time may be reinstated as determined by the Council.

There shall be no fee for Notice of Activity.

Conditional Use Permit-$ Septic Permit-$ Subdivisions (No additional fee is required if each single subdivided property is rezoned and approval is bundled.) Up to three lots-$ For each additional lot-$ Boundary line adjustments-no charge

Reserved

Based on the intent to not restrict the legal use of property and/or legal use of land and physical features, except when an activity and/or development has not resolved any reasonable and/or anticipatable cost, pollution, or realistically foreseeable issue that will effect the community as a whole or part, the Town Manager and designee’s are to determine what of the standards need to be considered and whether the intent and therefore the elements of any given standard of this LUC shall apply. In so doing the administrators shall determine whether a proposed development and/or its activities can potentially initiate an event or series of events that contravene the intent of the standards. The administrators shall only apply a standard and or parts of a standard when a development and/or its activities can potentially initiate an event or series of events that contravene the intention of the standard and/or any part of a given standard. If the administrators determine a standard and/or some of its parts apply, the administrators shall work with the applicant to identify how the concern shall be addressed so the development can perform to meet the standard. This may include using an alternative to an existing Town Standard of another best management practice and or design standard from a recognized source (published book or Code from, but not limited to, American Planning Association, International Building Code, municipality or government agency) that will meet the intent of the standard(s) of this Code. Applications are considered complete when all identified and applicable concerns are resolved to the satisfaction of the administrators and the applicant, or the applicant indicates they want the development proposed to the Planning Commission without further changes of the plan submitted to the administrators.

Even though the administrators have the responsibility to determine when a standard applies they may not ignore an applicable standard or standard part. The administrators shall apply the applicable elements of the standards in a fair, consistent, and equitable manner. The purpose of the standards is to provide a baseline level of performance that shall be met in order to maintain the objectives outlined in the purpose of this title. To the greatest extent possible the administrators will use processes and forms that are simple and easy to understand and document all such procedures to make development in the Town as easy and enjoyable an experience as possible. If an applicant feels the administrators have misapplied or unjustly interpreted the standards the applicant may immediately appeal the decision to the Planning Commission at their next meeting. The Planning Commission will determine whether to proceed with the interpretation of the administrators or recommend another interpretation and/or variance. Only items of interpretation of the standards may be appealed according to this section and must be confined to definite actions on detail. This section does not apply to issues of process, denial of permits, or types of approvals that must be complied with to be in conformance with this resolution.

Reviewing projects for compliance with standards is a critical part of the development review process. The administrators may, when necessary, decide that additional expertise is needed to review a project. The administrator’s decision can be appealed as described in this title. If the administrators, or upon appeal, the Planning Commission recommends and Town Council finds additional expertise is needed, the administrators and the applicant will select a consultant to review the project or portions of the project. If the Administrators and the applicant cannot agree on a consultant, the Town Council will select the consultant. All costs for the consultant will be charged to the applicant. Consultant assistance should only be used for very complex projects or when certain aspects of a project are beyond Town staff expertise.