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 this Code:

Imposition of current regulations may create additional distress and hardship for existing residents and businesses in Larimer County affected by a disaster. The purpose of this disaster re-build program (re-build program) is to:

A.

Assist disaster survivors in their rebuilding efforts by offering additional flexibility through amendments to adopted land use regulations, including modified permitting and approval procedures; and

B.

Assist owners of legally established buildings, uses and structures in existence prior to the disaster who may desire to rebuild and/or continue their uses in the same manner that such structures and uses have historically existed; and

C.

Provide a process, for rebuilding or reestablishment of businesses that have been operating without all required approvals and permits, to allow such businesses to seek approval and become compliant in an expeditious and efficient manner.

A.

This re-build program applies to structures and/or uses that have been destroyed or damaged in a disaster area as defined or described on a map attached to a declaration of disaster (declaration) issued by the County Commissioners. All buildings and structures located in the disaster area, and legally constructed prior to the date of the disaster, are eligible. Structures constructed without prior approval or not legally constructed may be eligible if the structures meet the requirements listed in §14.2.7 and are approved by the County.

B.

During the re-build program, in the event of any inconsistency between this Article 14.0 and any other Larimer County land use regulation, this Article 14.0 shall control.

The County Commissioners shall establish the length of time the re-build program will be in effect for a specific disaster. All required application materials for participation in the program must be filed with Larimer County prior to the expiration of the re-build program ending date established for a disaster (program ending date).

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

A.

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

B.

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.

C.

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 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.

D.

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

E.

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 Director.

F.

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

G.

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.

H.

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 zoning district shall meet the requirements of Article 12.0, Floodplain.

I.

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

J.

Temporary emergency housing shall comply with zoning setback requirements unless the 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.

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

A.

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

B.

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.

C.

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 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.

D.

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.

E.

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 zoning district shall meet the requirements of Article 12.0, Floodplain.

F.

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

G.

Temporary emergency accessory structures shall comply with zoning setback requirements unless the 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.

Residents and businesses may request a determination from the 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 Department will assist in researching county records and reviewing the information provided by the property owner, including, but not limited to:

A.

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

B.

Records of the County Assessor.

C.

Records of the Community Development Department.

D.

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

E.

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

F.

Other records as deemed appropriate by the Director.

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 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 Article 12.0, Floodplain.

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

Replacement buildings and structures shall meet current setback requirements unless the Director determines that the existing site conditions make such location impractical or unnecessary. The 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:

A.

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;

B.

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

C.

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

D.

The Director may waive the setback certification requirement for within the disaster area.

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 Director if the following conditions are met or are determined to be not applicable:

A.

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

B.

Adequate drainage is provided and approved by the Engineering Department.

C.

Adequate water and sewer provisions exist or can be provided and approved by the Larimer County Health Department.

D.

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 zoning district must meet the requirements of Article 12.0, Floodplain.

E.

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

F.

Any areas of significant concern as identified by the Director will be addressed at a public hearing before the Board of County Commissioners.

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.

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.

For the duration of a disaster re-build program, the floodplain overlay district described in Article 12.0, Floodplain is hereby supplemented for those properties within the declared flood disaster area. The Floodplain Administrator may use the best available information in addition to the information described in Article 12.0, Floodplain, to make a determination and decision as to whether or not the affected properties are located within a floodplain.