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Gunnison City Zoning Code

CHAPTER 4

LAND USE APPLICATIONS-PROCEDURES

Section 401 Purpose

Land Use Applications, and their accompanying procedures, are formulated to achieve the purposes of this Ordinance.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 402 Application Forms

The Council may provide application forms and may identify submittal requirements and processing procedures for the acceptance and filing of all Land Use Applications. Such requirements and procedures shall be contained in the Administrative Manual.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 403 Land Use Application Procedures

The steps in the review and consideration of the various Land Use Applications, authorized by this Ordinance may be provided with the applicable application form. Such Applications may be contained in the Administrative Manual.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 404 Determination Of Completeness Of Land Use Applications

All Land Use Applications required by this Ordinance shall be determined to be complete as required by the Administrative Manual, and prior to consideration by a Land Use Authority.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010
Amended by Ord. 2023-02 on 3/2/2023

Section 405 Scope Of Land Use Application Approvals

  1. The rights conferred by a Land Use Application approval by the Land Use Authority shall be limited to those rights granted in the applicable provisions of this Ordinance and subject to any requirements or conditions.
  2. A Land Use Application approval shall be considered void and invalid one hundred and eighty (180) calendar days after approval by the Land Use Authority, unless the Applicant has proceeded with reasonable diligence to establish the approved use or activity, or construction has commenced.
  3. A Land Use Application approval shall be invalid and null and void if a use is not conducted, or a building or structure is established in violation of any requirements of all Land Use Ordinances, requirements or conditions of approval.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 406 Land Use Authorities To Comply With All Land Use Ordinances And Resolutions

Each Land Use Authority shall comply with all requirements of all Land Use Ordinances, as applicable, including this Ordinance, and shall comply with all Resolutions, including the Administrative Manual, as applicable.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 407 Land Use Permits Required To Comply With Land Use Authority Decision

The approval of a Land Use Application, and the associated Land Use Permit, shall comply with all requirements, conditions, terms and standards of the approval.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 408 When An Applicant Is Entitled To Approval Of An Application - Exceptions - City May Not Impose Unexpressed Requirements - City Required To Comply With The Requirements Of This Ordinance

An Applicant is entitled to the approval of an Application, required by this Ordinance, if such Application conforms to the requirements of this Ordinance, and the City’s other Land Use Ordinances and Resolutions, including the Administrative Manual, as applicable, and in effect when the Application is determined to be complete by the City Recorder unless:

  1. The Land Use Authority, on the record, finds a compelling, countervailing public interest would be jeopardized by approving the Application; or
  2. In the manner provided by this Ordinance, and before the Application is submitted or determined to be complete, the City has formally initiated proceedings to amend its Land Use Ordinances in a manner that would prohibit approval of the Application, as submitted.
  3. The City shall process an Application without regard to proceedings initiated to amend the City’s Land Use Ordinances if:
    1. One-hundred and eighty (180) calendar days have passed since the proceedings were initiated; and
    2. The proceedings have not resulted in an enactment that prohibits approval of the Application, as submitted.
  4. If the Land Use Application conforms fully to the requirements of this Ordinance, the City’s other Land Use Ordinances, all Resolutions including the Administrative Manual, the Land Use Application shall be approved.
  5. The City shall not impose on an Applicant, or any holder of any approval required by this Ordinance, any requirement that is not expressed:
    1. In the approval required by this Ordinance, or in documents on which such approval is based; or
    2. In this Ordinance, or in the City’s other Land Use Ordinances and Resolutions.
  6. The City shall be bound by the terms and standards of this Ordinance, and the City’s other Land Use Ordinances and Resolutions, including the Administrative Manual, as applicable, and shall comply with all mandatory requirements and provisions of such Ordinances and Resolutions.
  7. The City shall process and render a decision on each Application required by this Ordinance with reasonable diligence.
HISTORY
Adopted by Ord. 2010-2 on 11/17/2010
Amended by Ord. 2024-12 on 11/21/2024

Section 409 Vesting Of Zoning Rights

On the date of a determination of a complete application by the City Recorder, an Application for any Land Use Application, as may be required by this Ordinance, shall vest pursuant to the terms of this Ordinance in effect, unless such vesting is affected by a pending amendment to this Ordinance, or a temporary zoning regulation.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 410 Procedural Irregularities

  1. Validity of Action. Notwithstanding any provision of this Ordinance which sets forth a procedure for any matter, no action, inaction or recommendation regarding the matter which is the subject of the procedure shall be void or invalid or set aside by a court due to any error (including, but not limited to, any irregularity, informality, neglect or omission) which pertains to an application, notice, finding, record, hearing, report, recommendation or any other procedural matter whatsoever unless:
    1. The procedure is required by State or Federal law; and
    2. In an examination of the circumstances, including the record, the court is of the opinion that the procedural error complained of was prejudicial to a substantial right of the complainant as shown by the following:
      1. Had the error not occurred the decision made pursuant to the procedure would have been different, and
      2. Because of the error, the complainant suffered an injury for which relief must be given.
  2. Presumption of Validity. The court shall presume that action taken pursuant to a procedure was done in good faith and shall not presume that an error is prejudicial or that an injury occurred. The complainant shall have the burden of proof to show that an error is prejudicial or that an injury occurred.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

2010-2

2023-02

2024-12