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This Title establishes the regulations and standards governing the use and development of land within the Town of Rangely. Included are provisions for the annexation, subdivision and zoning of land, as well as the administrative procedures governing the submission of applications, administrative and public reviews, appeals and standards for, but not limited to, site design, landscaping, parking and public infrastructure. This Title shall be known and may be cited as the Town of Rangely Land Use Code. Within this Title the Town of Rangely Land Use Code may simply be referred to as “the LUC.”
This Title is adopted pursuant to the authority contained in the Colorado Revised Statutes (C.R.S.) and the Colorado Constitution, Article XX, Section 6. Local governments are provided broad authority to plan for and regulate the use of land within their jurisdictions, as authorized in Title 29, Article 20, et seq. and Title 31, Article 23, et seq. of the C.R.S., as amended. Additional statutory authority may also exist for specific types of land use regulation. Whenever a section of the Colorado Revised Statutes referred to in this Title is later amended or superseded, this Title is deemed amended to refer to the amended section or section that most nearly corresponds to the superseded section. This Title replaces in whole and in part Title 15, 17, 18, and 19 of the Rangely Municipal Code prior to adoption of this Title and is designated Title 15 of the Rangely Municipal Code.
This Title shall be effective throughout the Town of Rangely corporate boundaries. The Town of Rangely planning jurisdiction includes all land within the Town of Rangely, and where applicable the land within three (3) miles of the Town of Rangely boundaries with reference to a major street plan. For purposes of zoning and subdivision, this Title only applies to lands within the Town of Rangely corporate boundaries. A copy of a map showing the boundaries of the Town of Rangely and the area within the three-mile planning jurisdiction is available for public inspection in the Town of Rangely offices.
The purpose of this Title is to create a vital, cohesive and well-designed community in order to enhance the character of the Town and further the citizens’ goals as identified in the Town of Rangely Comprehensive (Master) Plan and is intended to serve and promote the health, safety, comfort and general welfare of its citizens. In part the goal of this Title is to inform citizens regarding possible flood, geological and environmental hazards and to assist with planning and development through consistent policy. It is also intended to create zoning districts sensitive to the needs of the residents while protecting and enhancing the values of the Town. These regulations are designed and enacted for the purpose of promoting the health, safety, morals, convenience, order, prosperity, or welfare of the present and future inhabitants of the Town, including, but not limited to:
The zoning districts and maps have been developed with consideration for future growth, development, and change in land development according to objectives expressed and mapped in the Rangely Comprehensive (Master) Plan, as well as with due consideration of existing development and uses of land in the town.
In their interpretation and application, the provisions of this Title shall be held to be minimum requirements for the promotion of the public health, safety and welfare. Whenever the requirements of this Title are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the more restrictive or that imposing the higher standards shall govern.
The provisions of this Title shall apply to any and all development of land within the municipal boundaries of the Town of Rangely, unless expressly and specifically exempted or provided otherwise in this Code. No development shall be undertaken without prior and proper approval or authorization pursuant to the terms of this Title. All development shall comply with the applicable terms, conditions, requirements, standards and procedures established in this Title and Code.
Except as herein provided, no building, structure or land shall be used and no building or structure or part thereof shall be erected, constructed, reconstructed, altered, repaired, moved or structurally altered except in conformance with the regulations herein specified for the zone district in which it is located, nor shall a yard, lot or open space be reduced in dimensions or area to an amount less than the minimum requirements set forth herein. Whenever both the provisions of this Title and provisions of any other law cover the same subject matter, whichever rule is more restrictive shall govern.
This Title establishes procedural and substantive rules for obtaining the necessary approval to develop land and construct buildings and structures. Development applications will be reviewed for compliance with the Town of Rangely Comprehensive (Master) Plan, LUC, and other adopted regulations, policies and guidelines.
All ordinances or resolutions or motions of the Town Council of the Town of Rangely or parts thereof in conflict with this Title are to the extent of such conflict hereby superseded and repealed, provided that no such repealer shall repeal the repealer clauses of such ordinance, resolution or motion, nor revive any ordinance, resolution or motion thereby. The adoption of this Title shall not adversely affect the Town of Rangely’s right to seek remedies for any violation of previous ordinances that occurred while those ordinances were in effect.
It is the intention of the Town of Rangely that this Title implement the planning policies adopted in the Town of Rangely Comprehensive Plan (“Master Plan”) for the Town of Rangely and its extraterritorial planning area (where master plan or comprehensive plan are used they are considered one and the same). While this relationship is reaffirmed, it is the intent of the Town of Rangely that neither this Title nor any amendment to it may be challenged on the basis of any alleged nonconformity with the Comprehensive Plan.
Where a development proposal would be in substantial conflict with the Comprehensive Plan, an amendment to the Comprehensive Plan may be required prior to any zoning or subdivision approvals, if so deemed necessary by the Planning Commission. A substantial conflict will exist when a development proposal would result in changes from the designations of the Land Use Plan Map, Transportation Plan Map or Parks and Open Space Map in the Town of Rangely Comprehensive Plan as might be applicable.
Amendments to the Comprehensive Plan resulting from development proposals under this Title shall be evaluated according to the criteria and procedures outlined in the Comprehensive Plan.
To the extent that the provisions of this Title are the same in substance as the previously adopted provisions that they replace such as but not limited to the zoning, subdivision and flood-control titles they shall be considered continuations thereof and not as new enactments unless otherwise specifically provided. In particular, a situation that did not constitute a lawful, nonconforming situation under the previously adopted zoning title does not achieve lawful nonconforming status under this title merely by the repeal of the zoning title.
It is the intention of the Planning Commission and the Town Council that this Title implement the planning policies adopted in this and other planning documents. While the Commission and Council reaffirm their commitment that this Title, and any amendment to it, be in conformity with adopted planning policies, the Planning Commission and Town Council hereby express their intent that neither this Title nor any amendment to it may be challenged on the basis of any alleged nonconformity with any planning document.
13.1. Except subject to Article V of this Title, no person may use, occupy, or sell any land or buildings or authorize or permit the use, occupancy, or sale of land or buildings under his control except in accordance with all of the applicable provisions of this LUC.
13.2. For purposes of this section, the "use" or "occupancy" of a building or land relates to anything and everything that is done to, on, or in that building or land.
13.3. No building shall be constructed, reconstructed or structurally altered nor shall any building or land be used for any purpose except in conformity with the regulations herein prescribed. The Building Inspector(s) shall not issue authorization for a building permit unless the plans for the proposed construction, reconstruction, alteration, or use fully conform to this LUC and have the appropriate site review and approvals.
The provisions of this Title became effective on the originally adopted date of adoption. Development plans approved under previous regulations that received vested property rights through a site-specific development plan shall be valid for the duration of that vested property right provided that all terms and conditions of the site-specific development plan are followed. Existing legal uses that may become nonconforming by adoption of this Title shall become legal nonconforming uses subject to the provisions of Section 191.
15.1. Reasonable fees sufficient to cover the costs of administration, inspection, publication of notice, and similar matters may be charged to applicants for permits, subdivision plat approval, amendments, variances, and other administrative relief. The amount of the fees charged shall be as set forth by resolution each January by the Town Council.
15.2. Fees established in accordance with Subsection 15.1 shall be paid upon submission of a signed application or Notice of Appeal.
If any part, section, subsection, sentence, clause or phrase of this Title is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining sections of this Title. The Town Council hereby declares that it would have passed this Title including each part, section, subsection, sentence, clause or phrase thereof, irrespective of the fact that one or more parts, sections, subsections, sentence, clauses or phrases be declared invalid.
In computing a period of days, the first day is excluded and the last day is included. If the last day of any period is a Saturday, Sunday, or legal holiday, the period is extended to include the next day which is not a Saturday, Sunday or legal holiday. If a number of months is to be computed by counting the months from a particular day, the period ends on the same numerical day in the concluding month as the day of the month from which the computation is begun, unless there are not that many days in the concluding month, in which case the period ends on the last day of that month.
As used in this Title, words used in the singular include the plural and words used in the plural include the singular. The words “must,” “shall” and “will” are mandatory; “may,” “can,” “should” and “might” are permissive.
Words used in the present tense include the future unless the context clearly indicates the contrary.
Definitions not listed here that have wide acceptance in the professional planning community, such as but not limited to those published by the American Planning Association, can be used if approved by the Planning Commission as relevant for the circumstances and such that they do not violate the intent of the standards as adopted.