Title 15 - Article III

Section 60: Process and Types of Approvals

60.1. Approvals Required

The use made of land may not be substantially changed; no substantial clearing, grading or excavation may be commenced; no building or other substantial structure may be constructed, erected, moved or substantially altered except in accordance with and pursuant to the approval process outlined herein. All “land uses” (lists of “uses” can be found in the Table of Uses) are required to be in conformity (have a zoning permit) with the provisions of this Title unless or otherwise considered nonconforming as outlined in this Title.

60.2. Zoning Permit

Parcels of land and uses on such lands within the jurisdictional limits of the Town of Rangely shall hold a valid and up-to-date Zoning Permit. Each Zoning Permit will outline the approval status that the particular “use(s)” have received (or is in the process of receiving). A Zoning Permit* shall be granted upon development of a new parcel and shall describe the history and use(s) of the parcel, and all interactions with the Town regarding, but not limited to, constructions, conditions, and agreements for development, change, and use.

*Town files have been updated so uses in existence before the adoption of this LUC have valid zoning permits. Parcels determined nonconforming at adoption of this Title are described as nonconforming in their zoning permits.

60.3. Types of Approvals

60.3.1. A new parcel shall receive a Zoning Permit from the Town that demonstrates the use is in conformity with the provisions of this Title through completion of approvals as required for the type of activity.

60.3.2. An existing Zoning Permit shall be updated by filing a “Notice of Activity” with the Town and fulfilling the requirements of this Title as required for the type of activity.

60.3.3. The types of activities requiring approval by the Town, depending on the circumstances as may apply, are as follows:

60.3.3.1. Subdivision of land.

60.3.3.2. Change of use (permanent or temporary).

60.3.3.3. Construction and/or expansion of a building for a new or existing use (greater than 20% and/or major structural change).

60.3.3.4. Development of land such that extensive grading, removal of material (debris, soil, rock, etc.), change of landscaping and/or new street cuts, moving or addition of utilities is to occur.

60.3.3.5. Development of land in a known hazard area such as, but not limited to, a floodplain.

60.3.4. The types of approvals that are issued by the Town shall consist of one or more of the following as may apply according to the type(s) of activity:

60.3.4.1. Plat approval and recording of the development agreements that accompany plat approval for subdivision of land.

60.3.4.2. Receipt of a Building Permit and receipt of a Certificate of Occupancy stating the conditions of the Building Code have been met;

60.3.4.3. Recording of an agreement to abide by conditions to be met representing particular design considerations (temporary or permanent);

60.3.4.4. Recording of a change in zoning;

60.3.4.5. Receipt of a Notice to Proceed providing clearance for development in areas such as, but not limited to, floodplains and wildfire hazard areas;

60.3.4.6. Recording of memorandums of agreement or understanding;

60.3.4.7. Recording of letters of intent;

60.3.4.8. Recording of other relevant development type agreements.

60.4. Process of Approval

Approval is considered an activity that has proceeded through the process described in this Code and completed as proposed. Approvals consist of several parts as are described in the following diagram:

60.5. Sequence of Completion for Types of Activities

To the extent possible, the Town will provide streamlined processes for the various types of activities requiring that a Zoning Permit be updated or issued; however, in general the order of approval shall be as follows: Is Zoning Permit in order? If not, correct situation through new zoning, Temporary Activity Certificate, etc. Does the activity involve a hazard issue? If it does, adjust plans to mitigate or deny if no possible mitigation is feasible. Is land to be subdivided into smaller or different parcels? If it is, the subdivision process has to be followed. Complexity is dependent on the number of lots. Is the land to be changed through demolition, excavation, grading, and/or addition of features such as streets, utilities, etc.? If it is, review standards to ensure plans as proposed meet specifications. Is a building or other construction feature to be built? If it is, review Building Code to ensure proposed plans meet specifications and follow Building Code process. Approval to proceed occurs after review of the Notice of Activity indicates that the development will comply with the provisions of this Code if completed as proposed and the processes of this Code can be followed. The Zoning Permit is issued or updated after the activity specified in the Notice of Activity is completed as proposed and approved to proceed. All plan(s) and Notices of Activity as are finally approved are incorporated into the Zoning Permit (including Building Permits) and except as otherwise provided in the section on “Effect of Permit on Successors and Assigns,” all development shall occur strictly in accordance with such approved plans of the Notice of Activity.

60.6. Notice of Activity

When the use of land(s)/parcel(s) change as described in this Title, it is the responsibility of the land owner to notify the Town of the change. The administrators of the Town shall determine what approvals, if any, are required and determine whether a Zoning Permit update or new issuance is required and determine what approval, if any, is required for the development. A Building Permit shall not be issued until after review by the Community Development Department (CDD). The CDD shall make the review based on the information on the Notice of Activity form. This form shall require a simple, yet clear site diagram (plan). The CDD shall only request additional information as may be required to make a determination as to whether an approval is required. If it is determined that an approval (with or without a hearing) is required, the administrators shall only request information as is deemed necessary, and process the approval as expeditiously as possible. Activity may be approved to proceed administratively if it is determined to be the following type of activity:

60.6.1. Expansion of existing use that is in compliance with this Code and has a valid Zoning Permit;

60.6.2. The use is part of what is typical and listed for the zone;

60.6.3. Temporary use that is listed in the applicable standard of this Code;

60.6.4. Only requires Building Permit and Certificate to Occupy;

60.6.5. The change of existing use to grade, excavate, demolish, mitigate hazard and construct is deemed minor and plans demonstrate conformity to the standards of this Code;

60.6.6. The use has not changed and the administrators determine that the site plan indicates no new use is being created. A new use not listed as part of the zone requires an updated and/or new Zoning Permit and therefore requires a hearing before the Planning Commission and approval by the Town Council.

60.7. Approval to Proceed

Approval to Proceed shall be issued in the name of the applicant (except that Notices of Activity submitted by an agent shall have Approval to Proceed issued in the name of the principal, shall identify the property involved, the proposed use, and shall incorporate by reference the plans submitted, and shall contain any conditions or requirements lawfully imposed by the approval-issuing authority.