Development Services Home
El Paso County Home
| Home | Agendas | Committees | Comprehensive | Operational |

EL PASO COUNTY
LAND DEVELOPMENT CODE

Chapter IV - Section 35.10
Preexisting Use Rights


In cases in which adoption or amendment of these Zoning Regulations results in the loss or modification of use rights allowed prior to the adoption or modification, the Board of County Commissioners may, in the resolution adopting or modifying existing zoning, implement the provisions of this subsection. Implementation of this section shall set forth a procedure by which landowners affected by the change or modification may retain those preexisting use rights specifically listed in the resolution. Said rights shall apply only to the owner of the property at the time of the change or modification and shall apply only to the parcel or parcels described in the Certificate of Preexisting Use Right. Said rights are nontransferable and shall expire upon any change in ownership to any portion of the property described in the use right certificate.

A.   PROCEDURE

    l.   Upon adoption of any amendment to, or revision of, the Zoning Regulations the Board of County Commissioners shall list any use rights which are to be given preexisting status under the provisions of this subsection. If no preexisting use rights are listed, none shall be considered granted.

    2.   Within a reasonable time after the adoption of said resolution, the Development Services Department shall notify by letter all property owners affected by the amendment to, or revision of, the Zoning Regulations. Said notification shall describe the use rights affected and set forth the procedure for establishing preexist-ing use rights.

    3.   Within ninety (90) days of the date of the notice, any landowner wishing to apply for preexisting use right status shall submit to the Development Services Department the following:

      a.   Title evidence dated no later than l0 days subsequent to the zoning change (attorney's opinion based on abstract examination, title insurance commitment or policy).

      b.   Certified legal description of the property in question.

      c.   Listing of the use rights which the landowner wishes to retain.

      d.   Recording fee for the use right certificate.

    4.   Upon review and approval of the above submittal, the Development Services Director shall cause to be recorded a Preexisting Use Right Certificate with the County Clerk and Recorder. Said certificate shall be on the prescribed form and may be recorded no later than ninety (90) days after the notice.

    5.   Preexisting use rights shall not apply to unzoned land which is given a zoning classification.

    6.   No preexisting use right shall exist and no building or other permit shall be issued for said preexisting use right without presentation of a Preexisting Use Right Certificate recorded in the office of the County Clerk and Recorder within ninety (90) days of the date of notification.

 

...back to main code page

Customer Services/ Planning Division Manager
Mike Hrebenar

Engineering Division Manager
Paul Danley

Long Range Planning Division Manager
  Carl Schueler

Location:
2880 International Circle Colorado Springs, CO 80910

Telephone:
(719)520-6300

Fax:
(719)520-6695

Hours:
7:30AM - 4:30PM
Monday - Friday
(except holidays)

Copyright 2005
El Paso County, CO

 

Site Search
Disclaimer Copyright 1996-2007 El Paso County, CO