§ 11.2. REVIEW AND APPROVAL PROCESSES

For the duration of the re-build program, Larimer County will apply the following review and approval processes in lieu of those set out in the Larimer County Land Use Code:

A.

Temporary emergency housing. For the duration of the re-build program, a property owner may obtain a permit for temporary emergency housing when:

1.

A building permit has been issued for repair or replacement of a permanent dwelling; or

2.

Prior to building permit issuance when the owner has provided an acceptable plan and timetable for rebuilding a permanent dwelling. Such plan and timetable shall become an enforceable agreement between the owner and county. A building permit application for rebuilding a permanent dwelling must be submitted prior to the expiration of the program ending date.

3.

Temporary emergency housing may remain on the property so long as a valid building permit is in effect for rebuilding the permanent residence pursuant to an acceptable plan, or longer if the community development director has granted an extension. Within 60 days after the issuance of a certificate of occupancy for the permanent dwelling or the expiration of an approved timeframe for removal of the dwelling, the emergency housing unit shall be removed from the property or converted to an approved accessory structure under a change of occupancy permit.

4.

Temporary emergency housing shall be occupied only by the property owner(s) or their designee(s).

5.

Only one temporary emergency housing unit is allowed per lot unless the owner demonstrates additional units are necessary and the additional unit has been approved by the community development director.

6.

Temporary emergency housing shall be connected to an approved sewage disposal system.

7.

A building permit is required for a temporary emergency housing unit, except for recreational vehicles (RVs) or membrane structures used for 180 days or less in a calendar year. A building permit is required for RVs or membrane structures used for more than 180 days. The structure must comply with all applicable building, fire, electrical mechanical and related codes.

8.

Temporary housing units shall be located in a manner that provides safety from natural hazards, including flood, fire damage, unstable soils and geological hazards. Temporary emergency housing units within a floodplain overlay zone district shall meet the requirements of Larimer County Land Use Code section 4.2.2.

9.

Temporary emergency housing shall not be located within a road right-of-way and shall be served by existing access ways.

10.

Temporary emergency housing shall comply with zoning setback requirements unless the community development director determines that existing site conditions make such location impractical or unnecessary. At a minimum, temporary emergency housing shall be located at least five feet from all property lines.

B.

Temporary emergency accessory structures. For the duration of the re-build program, a property owner may obtain a permit for temporary emergency accessory structures when:

1.

A building permit has been issued for repair or replacement of the permanent dwelling or other accessory structure; or

2.

Prior to building permit issuance when the owner has provided an acceptable plan and timetable for rebuilding the permanent dwelling or accessory structure. A building permit for rebuilding the permanent dwelling or accessory structure must be applied for prior to the expiration of the program ending date.

3.

Temporary emergency accessory structures may remain on the property so long as a valid building permit is in effect for rebuilding the permanent dwelling or accessory structure pursuant to an acceptable plan, or longer if the community development director has granted an extension. Within 60 days after the issuance of a letter of completion for the permanent accessory structure or the expiration of an approved timeframe for removal of the temporary emergency accessory structure, the temporary emergency accessory structure shall be removed from the property.

4.

A building permit is required for temporary emergency accessory structures except for RVs or membrane structures used for 180 days or less in a calendar year. A building permit is required for RVs or membrane structures used for more than 180 days. The structure must be in compliance with all applicable building, fire, electrical, mechanical and related codes.

5.

Temporary emergency accessory structures shall be located in a manner providing safety from natural hazards, including flood, fire damage, unstable soils and geological hazards. Temporary emergency accessory structures within a floodplain overlay zone district shall meet the requirements of Larimer County Land Use Code section 4.2.2.

6.

Temporary emergency accessory structures shall not be located within a road right-of-way and shall be served by existing access ways.

7.

Temporary emergency accessory structures shall comply with zoning setback requirements unless the community development director determines that existing site conditions make such location impractical or unnecessary. At minimum, temporary emergency accessory structures shall be located at least five feet from all property lines.

C.

Documentation of a nonconforming structure or use. Residents and businesses may request a determination from the community development director that a building, structure or use is or is not a legal nonconforming building structure or use. The property owner is responsible for providing sufficient evidence to establish the size and date on which the structure was constructed or the use was established. The community development division will assist in researching county records and reviewing the information provided by the property owner, including, but not limited to:

•

Historical records and photos showing when a use/building was established.

•

Records of the county assessor.

•

Records of the community development division.

•

Description of the use (type, size, volume, frequency, hours of operations, etc.).

•

Certification showing whether the use/building has been in continuous operation since established and up until the time of the disaster.

•

Other records as deemed appropriate by the community development director.

D.

Rebuilding nonconforming buildings and structures. Nonconforming buildings and/or structures destroyed by the disaster may be rebuilt. The property owner shall submit a complete building permit application prior to the program ending date. The building or structure may only be rebuilt in the same location, size and character as the original building or structure unless the community development director determines that existing site conditions make such location, size or character impractical or unnecessary. Any substantially damaged building or structure located in a designated floodplain overlay zone shall meet the requirements of section 4.2.2. of the Land Use Code.

E.

Reestablishing a nonconforming use. The timeframe to reestablish a nonconforming use destroyed or affected by a disaster is hereby extended to the program ending date.

F.

Setback requirements. Replacement buildings and structures shall meet current setback requirements unless the community development director determines that the existing site conditions make such location impractical or unnecessary. The community development director shall be authorized to approve a variance of up to 50 percent of the current setback requirements upon finding the following criteria have been met or determined to be inapplicable:

1.

There are special circumstances or conditions, such as exceptional topographic conditions, narrowness, shallowness or the shape of property, or other extraordinary and exceptional situation or condition of such piece of property, that are peculiar to the land or structure for which the variance is requested;

2.

The strict interpretation and enforcement of the provisions of the code would cause an unnecessary and undue hardship;

3.

Granting the variance will not result in a substantial adverse impact on other property in the vicinity of the subject land or structure;

4.

The community development director may waive the setback certification requirement for within the disaster area.

G.

Rebuilding and re-establishment of structures and uses not legally permitted or constructed. Some residents and businesses may not have heretofore obtained the proper permits and approvals. For the duration of the re-build program, Larimer County may consider requests on a case by case basis to rebuild a building or structure(s) and/or re-establish a use that may have not been legally permitted or constructed. As part of the review process, county staff will visit the site and complete a public safety overview. The destroyed building or structure may be allowed to be replaced upon approval of the community development director if the following conditions are met or are determined to be not applicable:

1.

Access roadway is useable and access location does not impact function and safety of public roadways.

2.

Adequate drainage is provided and approved by the engineering department.

3.

Adequate water and sewer provisions exist or can be provided and approved by the health department.

4.

Structures are located in a manner that mitigates to the maximum extent practicable the impacts from natural hazards, including, but not limited to, flood, fire damage, unstable soils and geological hazards. Any replacement building or structure within a floodplain overlay zone district must meet the requirements of Larimer County Land Use Code section 4.2.2.

5.

The proposed building or structure will not result in a substantial adverse impact on other property in the vicinity of the subject property.

6.

Any areas of significant concern as identified by the community development director will be addressed at a public hearing before the board of county commissioners.

H.

Impact fees. Rebuilding is not anticipated to generate new traffic once construction is complete. Therefore, impact fees will not be assessed for such established and approved historical buildings, structures and uses.

I.

Flood review board. The county engineer may waive any flood review board process in the areas identified in the declaration. Projects that receive a waiver may be administratively reviewed and approved by the county engineer.

(Res. No. 11122013R004, Exh. A, § 3, 11-12-2013; Res. No. 12092014R001, Exh. A, 12-9-2014)