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  1. BLACK FOREST FIRE Regulatory Issues for Rebuilding Development Services Department

  2. Information Locations County main page • DSD web page • Regional Building web page • Public Health web page • Environmental Division •

  3. Background • The western portion of Black Forest was first zoned in 1955. The eastern portion in 1965 • Building permits were not required until zoning went into place • The majority of the fire area is zoned RR-5, which has required 5 acres since the original zoning • Approximately 40% of the destroyed homes were on lots less than 5 acres • Damages occurred on land zoned RR-5, A-5, RR-2.5, RS-20,000, and PUD • RR-5 and A-5 zoning allows site built homes, post-1976 mobiles, or manufactured homes • RR-2.5, RS-20000, and PUD do not allow mobile homes • Much of the area is not platted into lots, therefore property boundaries may be difficult to find • Residential zoning allows home occupations, but not full businesses In recognition of the hardships caused by the disaster the Board has suspended portions of the El Paso County Land Development Code

  4. SPECIFIC LDC STANDARDS SUSPENDED FOR BLACK FOREST DAMAGED OR DESTROYED PROPERTIES 5.2.1(F) No longer must have a principal structure before approval of an accessory structure. Accessory building can be constructed first or concurrently. 5.2.1(K) No longer have an accessory structure size limitation 5.2.49 Post 1976 Mobiles and RV’s can now be used for temporary housing for 12 months without having house plans submitted or approved 5.6.2 Nonconforming use abandoned if use not continuous without one year gap. Time period for calculation now starts one year after the resolution was passed. 5.6.3 Nonconforming structure (setback, size, height) damaged greater than 50% can now be rebuilt in the same location (size and dimensions). If expanded or in a different location, they must meet setbacks to the greatest extent possible. • Temporary mobile homes allowed in RR-2.5 and RS-20,000. Building permit for house or modular must be secured within one year • One year time period for any code suspension

  5. Policy issues to address • Director discretion to waive or modify application fees • Authority to withhold building permits for subdivision violations (LDC 11.4.6) • Determination of legal parcel status • Discretion in enforcement • Rubbish • Trees • Businesses in residences or residential zoning • Boarding of horses and animals

  6. PERMITS AND FEESBLACK FOREST DAMAGED OR DESTROYED PROPERTIES A bundled DSD permit with one fee may be used for multiple buildings or actions, if requested at the same time • Site Plan ($147) which can include all of the following: • Accessory Building ($147 if separate) • Agricultural Building Permit ($147 if separate) • Temporary mobile home permit ($247 if separate) • Temporary living in a recreational vehicle ($147 if separate) • Septic review ($147 if separate) • Driveway Permit (No fee if using existing driveway. Permit is for documenting driveway locations) • BESQCP (no fee, but use permit for owners compliance with erosion control requirements) Other approvals which may be required • Merger Agreement, Combination of Contiguous Parcels • Board of Adjustment Variance, Administrative Relief, Administrative Determination of Nonconformity Park, School, Drainage, and Transportation Impact fees apply to subdivision and not to rebuilding of houses

  7. Residential Building Permit Plans start at RBD for Tracking Referred to DSD for zoning and subdivision compliance DSD approves or denies Fire department review Permit from RBD not issued unless DSD and Health Department have OK’D Accessory Building (non-AG) Plans start at RBD DSD reviews for zoning and subdivision compliance DSD approves or denies RBD issues permit if complies with building code Building and Permit Approval Flow

  8. Septic Permit Initiated at Public Health Referred to DSD for review of plat notes and lot size DSD provides comments to Public Health Permit approved or denied by Public Health AG Building Initiated at DSD Verification of Agriculture Use by applicant Review for compliance with setbacks Permit issued or Denied No RBD building permit but floodplain review required. Permit Approval Flow

  9. Zoning issues with rebuilding Zoning • Don’t meet lot size requirements • Requirements in place since at least 1965 • Some parcels have been legalized by Board of Adjustment action, if they have requested a building permit for habitable structure or addition • Administrative process in place to authorize permits down to 1 acre (from 5 acres) on legal lots, providing adjoining vacant ownership is combined, and well and septic separated and don’t affect neighboring property • Approval is not always immediate-review by DSD and Public Health • Analysis of individual parcels is currently in process • Don’t meet 25 foot setbacks • Nonconforming circumstances addressed by new Board Resolution • Administrative process in place to approve down to 20 feet • Greater relief requires Board of Adjustment action • Some setbacks have been legalized by Board of Adjustment action, if they have previously requested a building permit • Analysis of individual parcels is currently in process

  10. Zoning issues with rebuilding • Want to live in a mobile home or modular home while I rebuild, or decide to rebuild • RR-5 and A-5 zoning allows post 1976 mobile homes or modular homes • Mobile homes now temporarily allowed in RR-2.5 and RS-20,000 by new Board Resolution • Use regular site plan process • If plans are later submitted to build a site built house, the permit is converted to a temporary mobile home permit (1 year or until house occupancy) • Want to live in a RV while I rebuild, or decide to rebuild • Allowed by new Board Resolution for one year while the owner decides whether to rebuild. DSD Form used for tracking of locations. • There may be building related electrical, gas, water, and wastewater issues, especially if occupancy goes into the winter

  11. Zoning issues with rebuilding • Construct accessory building first while I rebuild the house • Allowed by new Board Resolution for one year while the owner decides whether to rebuild. • Some may wish to use the accessory building as staging for tools and equipment to build the house or future house • Live in the accessory building while I rebuild the house • Only one dwelling is allowed on a property, unless the second unit is approved as a mother-in-law apartment, a guest house, or an extended family dwelling. Each of these have limits, and require approval. • Convert later to a mother-in-law apartment or a guest house after house is built • Any construction or occupancy must comply with the building code

  12. Zoning issues with rebuilding • Consolidate multiple accessory building into a single large accessory building • Size limits suspended by new Board Resolution for one year. • Non-conforming accessory buildings can be rebuilt in same size if they exist in records • Build a stable for my horses • As an accessory building, allowed by new Board Resolution for one year while the owner decides whether to rebuild. • Currently allowed where private stables are allowed • Agricultural building permit • Permanent commercial boarding requires a zoning approval • Build an Agricultural structure to store all my stuff in • Agricultural structure is for qualified agricultural use only. Otherwise follow accessory building standards

  13. Agricultural Buildings Agricultural Buildings, including barns and stables are exempt from the building code, and are allowed in most of the Black Forest. Site plan approval from DSD, but not RBD, is required to ensure compliance with zoning and setbacks. RBD reviews floodplain compliance. To be exempt the structure must meet this definition: Structure, Agricultural For the purpose of determining exemption from the Building Code, any structure used for the sole purpose of providing shelter for agricultural implements, farm products, livestock (including horses) or poultry as intended in C.R.S. §30-28-201(1).

  14. Demolition • Can I bury burned house on site • Not allowed by State Regulations, unless….. • Not allowed by Local Regulations, unless….. • May be contrary to your insurance payment or policy • Environmental issues, can be subject to the rubbish ordinance • May hurt you in the future sale of your house or land, your neighbors houses, or result in on-going liability to you