Pueblo County Code - Title 17 - Chapter 17.148 - Article 1

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17.148.010 Title and citation.

   A. These various chapters and articles that are organized into a comprehensive set of regulations are entitled "Pueblo County Regulations for Area and Activities of State and Local Interest."
   B. This Chapter is entitled and may be cited as the "Administrative Regulations."

17.148.020 Purpose and findings.

   A. These regulations are designed to facilitate identification, designation and administration of matters of State and local interest consistent with the statutory requirements and criteria set forth in C.R.S. §24-65.0--101, et seq. (1974), as amended, and C.R.S. §29-20-101, et seq. (1974), as amended, and generally consistent with the guidelines for designation approved by the Colorado Land Use Commission.
   B. The Board of County Commissioners finds that:
   1. All requirements for notice and public hearing prior to the adoption of these regulations have been satisfied.
   2. These regulations are necessary because of the continuing intensity of current and foreseeable development pressures in the areas and activities identified on and within the County of Pueblo.
   3. These regulations are adopted after having taken into consideration applicable guidelines adopted and issued by the Colorado Land Use Commission.
   4. These regulations apply to all unincorporated areas within the County of Pueblo.
   5. These regulations also interpret and amplify any and all regulations heretofore adopted with regard to specific activities or areas of State and local interest.

17.148.030 Authority.

These regulations are authorized by, inter alia, C.R.S. §24-65.1--101, et seq., as amended, and by C.R.S. §29-20-101, et seq., as amended.

17.148.040 Applicability.

   These guidelines and regulations shall apply to all proceedings concerning identification, designation and administration of any area or activity of State and local interest which has been or may hereafter be designated by the Board of County Commissioners, and applies also to any developments within any area of State and local interest which has been or may hereafter be designated by the Board of County Commissioners.

17.148.050 Exemptions.

   The portions of these regulations authorized exclusively under C.R.S. §24-65.1--101, et seq., as amended, shall not apply to any development in an area of State interest or any activity of State interest if, on May 17, 1974:
   A. The specific development or activity was authorized by a building permit issued by the County;
   B. The specific development or activity was directly approved by the electorate of the State or of the County; provided that approval by the electorate of any bond issue shall not, in and of itself, be construed to be an approval of the specific development or activity;
   C. The specific development or activity is to be on land which has been finally approved, with or without conditions, for planned unit development or for a use other than a subdivision substantially the same as a planned unit development;
   D. The specific development or activity is to be on land which has been zoned by the appropriate local government expressly and specifically for the use contemplated by the development or activity and, additionally, does not require a zone change or a use permit, under zoning, to allow the use contemplated by such development or activity; or

   E. The specific development or activity is to be on land with respect to which a final plat for a subdivision has been approved, with or without conditions, pursuant to the provisions of Sections 2-11 of Chapter 81, Session Laws of Colorado 1972, codified at Sections §30-28-101, 110, 133, 136, and 137, C.R.S. 1973.

17.148.060 Interpretation with other enactments and plans.

   A. Whenever the provisions of these guidelines and regulations are found to be inconsistent with any other resolution, ordinance, code, regulation, other enactment or master plan of this jurisdiction, the enactment imposing the more restrictive standards or requirements shall control.
   B. In the event that these guidelines and regulations are found to be less stringent than the statutory criteria for administration of matters of State interest set forth in C.R.S. §24-65.1--101, et seq., as amended, the statutory criteria shall control.
   C. In the event that the provisions of C.R.S. §24-65.1--101, et seq. are repealed or amended in part to eliminate the Colorado Land Use Commission itself and/or its role in the designation and/or permitting process set forth in State law and these Regulations for Areas and Activities of State and Local Interest, then these Regulations shall be read, interpreted and construed accordingly to eliminate herein any reference to said Commission and/or requiring that matters or materials be submitted to said Commission.

17.148.070 Maps.

   A. Each map referred to in designations and regulations for any particular matter of State interest adopted by this governing body is deemed adopted therein as is set out in full.
   B. Maps referred to in any such designation and regulation shall be filed with and be available for inspection at the office of the Pueblo County Clerk and Recorder and shall also be available for inspection in the office of the Pueblo County Land Use Administrator.

17.148.080 Duties of administrator.

   Unless otherwise specifically provided, it shall be the duty of the Pueblo County Land Use Administrator to perform all functions set forth in all regulations of matters of State and local interest.

17.148.090 Severability.

   If any section, clause, provision, or portion of these regulations should be found to be unconstitutional or otherwise invalid by a court of competent jurisdiction, the remainder of this regulation shall not be affected thereby and is hereby declared to be necessary for the public health, safety, and welfare.

17.148.100 Definitions.

   The words and terms used in these guidelines and regulations for administration of areas and activities of State and local interest shall have the meanings set forth below unless the context requires otherwise:
   "Administrator" or "Pueblo County Land Use Administrator" means the Director of the Pueblo County Department of Planning and Development.
   "Administration" or "Pueblo County Land Use Administration" means the Director of the Pueblo County Department of Planning and Development and his or her staff.
   "Designation" is that legal procedure specified by C.R.S. §24-65.1--101, et seq., as amended, and is carried out by the Board of County Commissioners of the County of Pueblo.
   "Development" means any construction and also means any activity which in any way changes or modifies the basic character or use of the land on which the activity occurs.
   "Legal description" is any description from which it is possible to locate accurately on the ground the boundaries of the land being described.
   "Matter of State and local interest" means an area of State and local interest or an activity of State and local interest or both.
   "Permit authority" means the body designated in Section 17.148.360 of this chapter.
   "Person" means any individual, partnership, corporation, association, company or other public or corporate body, including the federal government, and includes any political subdivision, agency, instrumentality or corporation of the State.
   "Receipt of application" means the acceptance by the permit authority of an application as complete.
   "Regulation" means both regulation and guideline as the terms are used in C.R.S. §24-65.1--101, et seq., as amended. "Regulation" shall also mean and include the term "Approval Criteria."