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Land Use Change Permits
There is no zoning in Gunnison County. Any change to a parcel (whether it's a boundary line adjustment, a subdivision, a theme park, a mining operation, or any other use or alteration of the property) must obtain a Land Use Change Permit, which approves a specific use, but does not establish a zone for the area in which the parcel's located. The classification of a parcel by the Gunnison County Assessor's office for taxing purposes does not necessarily indicate an approved use for the property.
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Beckoning Trail
Photo Courtesy of Bev Alexander
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Land Use Resolution
The Gunnison County Land Use Resolution, adopted in 1978 and amended many times since, is the regulation that governs most land development in the unincorporated areas of Gunnison County. Gunnison County established zoning in the early 1960’s, then abandoned zoning to adopt a "performance-based" (or "form-based") land use regulation. The Resolution evaluates an application on its ability to mitigate the impacts it creates, based on locational, design, infrastructure and resource protection standards.
Click HERE for a zipped .pdf version of the Resolution. In its .pdf form, the document is approximately 3.1 MB. We are unable to post the document for viewing online due to limited size alloted for our website bandwidth. You must have a software program on your computer that will unzip the document. We apologize for the inconvenience.
The Resolution is available in hard copy for $35, on disk in Microsoft Word and Adobe Acrobat .pdf for $35. The disk and the hard copy version can be purchased together for $50.
Classification of uses
Proposed uses are classified into four impact classifications, based upon the level of impact the Gunnison County Planning Commissions and Boards of Commissioners have determined a use is likely to have on its neighbors and the community:
Why does it take so long to get through the Land Use Change review process and get a final decision?
Gunnison County, in compliance with requirements of the State of Colorado, has established a process for each type of development application. Each process has specific steps that must occur in sequential order, and many steps have specific time deadlines that need to be met in order for the process to continue on schedule. The entire development review process and schedule is intended to meet State mandated legal notice requirements and the needs of many different parties, including the applicant, several internal and external reviewing agencies, nearby property owners, the applicable County advisory boards, and the Board of County Commissioners. The number of applications currently being reviewed by the Planning Department staff, the Planning Commission and Board also can affect when an application is able to be placed on an agenda. Projects can also be delayed due to the applicant’s (or their representatives') delay in providing adequate information.
It is the Planning Department's responsibility to move applications through the development review process as quickly as possible without hampering the ability of interested and involved parties to conduct a thorough review.
Why does the County have all these land use rules? Why can’t I just do what I want with my property?
Federal and State land use laws and regulations aside, the County has established land use regulations to manage growth and development responsibly. Citizens themselves, through their opportunity to vote for their elected officials, and to participate in public meetings, affect what kind of regulations the County adopts. The Gunnison County Land Use Resolution has been amended (cussed and discussed) several times since its adoption in 1978, and each amendment process involves a significant amount of public involvement and debate. Any member of the public, as well as the Board of Commissioners, Planning Department staff or Planning Commission may initiate an amendment at any time. The document sets forth the general principles and strategies to be used by the County to guide growth and development, as shaped by the public, successive Boards of Commissioners and Planning Commissioners.
Why does the Planning Department suggest that I have a neighborhood meeting before I submit my application?
A neighborhood meeting is suggested for many Land Use Change Permit applications to provide the opportunity for the applicant to present the proposed project to nearby residents and property owners who may be affected by the proposal. We generally suggest that the applicant meet with the neighbors before the time the applicant finalizes his/her application to the Planning Department, so that he/she can consider the comments received at the neighborhood meeting and have the opportunity to adjust the project if he/she chooses. The neighborhood meeting is intended to help the developer design applications that are more likely to result in development that accommodates both the neighbors and the developer.
Can the Board of County Commissioners or Planning Commission deny an application just because the neighbors don’t like it?
The Gunnison County Land Use Resolution contains review criteria for each of the various types of Land Use Change Permit applications. Under law, the Board of County Commissioners and Planning Commission must use those listed review criteria as reasons to approve or deny a given application. There are some review criteria that call for judgment; for example, when the review criteria is "compatibility.” In these cases, a majority vote of the decision-making body rules.
Check our "LINKS" page for other resources that can help developers and interested members of the public during the Land Use Change Permit application review process.
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Administrative Review Projects
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Administrative Review Projects are reviewed and acted on by staff, and generally require no public hearing nor any meetings with the Planning Commission or Board of Commissioners.
Land uses that are classified as Administrative Review Projects that do NOT require Land Use Change Permits
The following Administrative Review projects require a Building Permit, an Individual Sewage Disposal System Permit, an Access Permit, Reclamation Permit, or other County permit, but do not require an additional Land Use Change Permit; such projects must comply with all the other requirements of the Gunnison County Land Use Resolution
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A.
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EXEMPT PRIMARY RESIDENCE SMALLER THAN 9,000 SQ. FT.
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A primary residence smaller than 9,000 sq. ft. that is exempted by Section 1-106: Partially Exempted Land Use Changes. The residence may include an attached garage no larger than 1,000 sq. ft., which shall not be calculated in the total square footage allowed for the residence.
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B.
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SECONDARY STRUCTURES AND USES.
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The following secondary structures and uses, pursuant to Section 9-101: C: Secondary Structures and Uses That Do Not Require a Land Use Change Permit:
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1
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BARNS AND OTHER AGRICULTURAL BUILDINGS ON AN AGRICULTURAL OPERATION. A barn or other agricultural building used in conjunction with an agricultural operation.
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2
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FENCES. Fences, which shall comply with Section 13-113: Fencing. GARDENS AND GREENHOUSES. Private non-commercial gardens and greenhouses.
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3
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ONE 120 SQ. FT. STORAGE SHED ON ONE-ACRE OR LARGER PARCEL. One storage shed 120 sq. ft. or smaller, on a parcel an acre or larger.
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4
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HORSE/HAY SHED 500 SQ. FT. OR SMALLER ON ANY SIZE PARCEL. A horse/hay shed 500 sq. ft. or smaller for sheltering horses or other livestock, or for storing hay, that is not part of an agricultural operation.
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5
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BARNS IN APPROVED SUBDIVISIONS. Barns located in approved subdivisions in which there are adopted protective covenants that allow barns and that have been approved by Gunnison County.
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6
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DETACHED GARAGE AND/OR SHOP 750 SQ. FT. OR SMALLER. A detached garage or shop, or combination of those uses in one structure, 750 sq. ft. or smaller.
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7
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ONE STORAGE SHED 120 SQ. FT. OR SMALLER ON PARCEL SMALLER THAN ONE ACRE. One storage shed, 120 sq. ft. or smaller, on a parcel smaller than one acre
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8
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TWO STORAGE SHEDS 120 SQ. FT. ON ONE-ACRE OR LARGER PARCEL. Two storage sheds, each no larger than 120 sq. ft., on a parcel an acre or larger.
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9
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GARDENS AND GREENHOUSES THAT ARE HOME OCCUPATIONS. Gardens and greenhouses that are home occupations created and operated pursuant to Section 9-102: Home Occupations.
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10
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POOLS AND RECREATION FACILITIES. Private swimming pools and private recreation facilities associated with a primary residence, and not part of a private club or membership group.
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11
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INTEGRATED SECONDARY RESIDENCE 600-850 SQ. FT. ON ANY LEGAL LOT. An integrated secondary residence 600-850 sq. ft. in a primary residence on any legal lot that meets the standards pursuant to Section 9- 101: F: Standards for Integrated Secondary Residence.
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12
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ONE HOME OCCUPATION. One home occupation, pursuant to Section 9-102: Home Occupations.
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C.
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CAMPING.
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Camping in a recreational vehicle or other camping shelter on an individual parcel pursuant to Section 9-509: C: No Land Use Change Permit Required For Camping in a Recreational Vehicle or other Camping Shelter on an Individual Parcel.
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D.
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SPECIAL EVENTS.
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A special event, pursuant to Section 9-501: Special Events.
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E.
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TEMPORARY STRUCTURES.
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Temporary structures, pursuant to Section 9-502: Temporary Structures.
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F.
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SATELLITE DISHES.
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Satellite dishes, pursuant to Section 9-503: Satellite Dish Devices.
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G.
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ATTACHED WIRELESS TELECOMMUNICATIONS DEVICE.
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Attached wireless telecommunications device, pursuant to Section 9-504: Attached Wireless Telecommunications Devices.
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H.
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KEEPING OF LIVESTOCK NOT ON AN AGRICULTURAL OPERATION.
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Keeping of livestock not on an agricultural operation, pursuant to Section 9-508: Keeping of Livestock Not on an Agricultural Operation.
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I.
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SITE APPROVAL APPLICATION FOR WATER SUPPLY OR WASTEWATER TREATMENT SYSTEM.
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The Colorado Department of Public Health and Environment’s site approval application for a proposed expansion or alteration of an existing wastewater treatment system.
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J.
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DISTRIBUTION OR SERVICE LINE TO PRIMARY RESIDENCE.
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A distribution or service line providing service to a single primary residence, multiple family residences, or other residence that would not otherwise require a Land Use Permit under the requirements of the Gunnison County Land Use Resolution.
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K.
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ALTERATION AND REPAIR OF EXISTING SERVICE LINES OR DISTRIBUTION LINES.
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Conversion of above-ground distribution lines or service lines to underground distribution or service lines located substantially within an existing utility easement.
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Land uses that are classified as Administrative Review Projects that require Land Use Change Permits
The following types of projects are classified as Administrative Review projects that require Land Use Change Permits; Sections refer to sections within the Gunnison County Land Use Resolution:
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A.
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PRIMARY RESIDENCE 9,000 SQ. FT. OR LESS, IN EXISTING PLATTED SUBDIVISION.
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A primary residence smaller than 9,000 sq. ft., located within an existing platted subdivision. The residence may include an attached garage no larger than 1,000 sq. ft., which shall not be calculated in the total square footage allowed for the residence.
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B.
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AGGREGATE RESIDENTIAL SQUARE FOOTAGE LESS THAN 12,500 SQ. FT.
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On one parcel The aggregate square footage of structures less than 12,500 sq. ft., (excluding from the calculation horse/hay sheds less than 500 sq. ft., one 120 sq.ft. storage shed, and a private greenhouse), that may include:
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1
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RESIDENTIAL LIVING AREA 9,000 SQ. FT. OR LESS.
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9,000 or less sq. ft. of residential living area (one single-family residence, or any combination of a primary single-family residence, an integrated secondary residence, and/or a detached secondary residence allowed by Section 9-101: Uses Secondary to a Primary Residence); and
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2
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ATTACHED GARAGE(S).
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A garage or garages that together are no larger than 1,000 sq. ft., and that are attached to the primary residence.
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C.
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SECONDARY STRUCTURES AND USES.
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The following secondary structures and uses, pursuant to Section 9-101: D: Secondary Structures and Uses That Require a Land Use Change Permit:
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1
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INTEGRATED SECONDARY RESIDENCE 851-1,200 SQ. FT. ON 35-ACRE TRACT CREATED AFTER EFFECTIVE DATE OF THIS RESOLUTION. An integrated secondary residence 1,200 sq. ft. or smaller in a primary residence on a 35-acre tract created after the effective date of this Resolution.
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2
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DETACHED SECONDARY RESIDENCE 2,500 SQ. FT. OR SMALLER ON LEGAL LOT. A detached secondary residence of 2,500 sq. ft. or less, located on a legal lot smaller than 35 acres.
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3
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DETACHED SECONDARY RESIDENCE 3,500 SQ. FT. ON 35-ACRE OR LARGER TRACT. A detached secondary residence of 3,500 sq. ft. or less, located on a tract of land 35-acres or larger.
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4
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SECONDARY STRUCTURE INTENDED ONLY FOR SLEEPING AND HAS NO KITCHEN. A secondary structure without a kitchen that is to be used only for sleeping facilities. It shall comply with the requirements of the Gunnison County Individual Sewage Disposal System Regulations.
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5
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MORE THAN ONE HOME OCCUPATION. More than one home occupation, pursuant to Section 9-102: Home Occupations.
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6
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HORSE/HAY SHED LARGER THAN 500 SQ. FT. ON PARCEL ONE-ACRE OR LARGER. A horse/hay shed larger than 500 sq. ft., for sheltering horses or other livestock or for storing hay, on a parcel one acre or larger, that is not part of an agricultural operation.
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D.
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MOBILE HOME NOT IN A MOBILE HOME COMMUNITY.
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A mobile home proposed to be located on an individual parcel of land not in a mobile home community, but adjacent to a subdivision whose protective covenants do not address, or expressly prohibit mobile homes within the subdivision, pursuant to Section 9-202: Individual Manufactured and Mobile Homes.
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E.
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BOUNDARY LINE ADJUSTMENT.
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An application to adjust the lot line between adjacent parcels or lots in platted approved subdivisions when the adjustment is in compliance with Section 5-103: Standards for Approval of Administrative Review Projects.
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F.
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LOT CLUSTERS.
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An application to eliminate the lot lines separating adjacent lots that are commonly owned.
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G.
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CORRECTION PLAT.
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An application to correct a technical error in a subdivision plat that has been approved and recorded.
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H.
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REPAIR OF EXISTING DISTRIBUTION LINES.
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Repair of existing distribution lines located substantially within an existing utility easement.
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I.
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ALTERATION OF APPROVED BUILDING ENVELOPES.
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Alterations of building envelopes on lots that were approved as an element of a Land Use Change Permit.
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J.
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SUBDIVISION EXEMPTION TO “VALIDATE” AN EXISTING LOT.
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Pursuant to C.R.S. 30-28-101 (10) (d)., the “validation” of a lot that existed prior to the effective date of this Resolution, but did not exist before September 27, 1972 and has not been reviewed and approved by the County as a legally subdivided lot “legal lot”).
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K.
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EXPANSION OR CHANGE OF COMMERCIAL OR INDUSTRIAL USE TO TOTAL SIZE OF 5,000 SQ. FT. OR ONE ACRE OR LESS.
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Expansion or change of a commercial or industrial use existing as of the effective date of the Gunnison County Land Use Resolution (January 8, 2001), when the expansion will result in the use having a total size of less than 5,000 sq. ft. of a structure, or one acre of land.
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L.
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PLAT FOR APPROVED CONDOMINIUMS/TOWNHOME PROJECT.
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A constructed condominium or townhome project, or individual phase of a condominium or townhome project, for which a Land Use Change Permit has been approved for the overall development.
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M.
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LIMITED MINERAL EXPLORATION.
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Limited mineral exploration (activities related to proving up a patented mining claim pursuant to federal law), as addressed in Section 9-402: C.3: Limited Mineral Exploration.
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N.
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UNDERGROUND MINERAL EXPLORATION.
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An application for underground mineral exploration for operations existing as of the effective date of this Resolution, as addressed in Section 9-402: D: Extension and Expansion of Current Underground Mineral Exploration Required to File Notice of Activity.
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O.
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EXTRACTION OF CONSTRUCTION MATERIALS.
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Extraction of construction materials that generates more than 300 cubic yards, per Section 9-402: C. 1: Limited Construction Material Extraction.
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Forms and information sheets for Administrative Review Projects that require Land Use Change Permits
- Click HERE for a .pdf copy of the Administrative Review Project application form.
- Click HERE for a .pdf copy of the Administrative Review Project Information Sheet, which includes the review process that is required by the Gunnison County Land Use Resolution
- Click HERE for a .pdf copy of the illustrated timeline for the Administrative Review Project review process.
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Minor Impact Project forms and information sheets
- Click HERE for a .pdf copy of the Minor Impact Project application form.
- Click HERE for a .pdf copy of the Minor Impact Project Information Sheet, including the review process, as required by the Gunnison County Land Use Resolution.
- Click HERE for a .pdf copy of the illustrated timeline for the Minor Impact Project review process.
- Click HERE for a .pdf copy of submittals required for final action on a Minor Impact Project, as required by the Gunnison County Land Use Resolution
Land uses that are classified as Minor Impact Projects
The following uses are classified and reviewed as Minor Impact projects:
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A.
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2-4 UNITS.
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2-4 units that are subdivision lots, duplex units, or multiple-family residences, except as allowed pursuant to Section 9-101: D. 2: Secondary Structures and Uses Classified as Minor Impact Projects.
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B.
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LARGE PARCEL INCENTIVE PROCESS (LPIP) PROJECT.
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Large Parcel Incentive Process developments, pursuant to Section 14-102: Large Parcel Incentive Process.
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C.
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PRIMARY RESIDENCE 9,000 SQ. FT. OR LARGER.
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A primary residence 9,000 sq. ft. or larger. The residence may include an attached garage no larger than 1,000 sq. ft., which shall not be calculated in the total square footage allowed for the residence, pursuant to Section 13-105: Residential Building Sizes and Lot Coverages.
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D.
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AGGREGATE SQUARE FOOTAGE OF 12,500 OR MORE SQ. FT.
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An aggregate of 12,500 or more sq. ft. of residential living area (one single-family residence, or any combination of a primary single-family residence, an integrated secondary residence, and/or a detached secondary residence allowed by Division 9-100: Secondary Uses and Activities on one parcel, pursuant to Section 13-105: Residential Building Sizes and Lot Coverages.
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E.
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AGGREGATE SQUARE FOOTAGE GREATER THAN 45 PERCENT OF AREA.
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An aggregate square footage of structures that exceeds 45 percent of the total area of one parcel, pursuant to Section 13-105: Residential Building Sizes and Lot Coverages.
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F.
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INTEGRATED SECONDARY RESIDENCE 1,200 OR MORE SQ. FT.
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An integrated secondary residence 1,200 sq. ft. or larger within a primary residence located on a legal lot smaller than 35 acres, or on any 35-acre or larger tract.
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1
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NO DETACHED SECONDARY RESIDENCE ALLOWED. If an applicant elects to include this size integrated secondary residence within a primary residence, no detached secondary residence is allowed.
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G.
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DETACHED SECONDARY RESIDENCE LARGER THAN 2,500 SQ. FT. ON LEGAL LOT SMALLER THAN 35 ACRES.
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A detached secondary residence, larger than 2,500 sq. ft., on a legal lot smaller than 35 acres.
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H.
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DETACHED SECONDARY RESIDENCE LARGER THAN 3,500 SQ. FT. ON 35-ACRE OR LARGER TRACT CREATED AFTER THIS RESOLUTION.
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A detached secondary residence larger than 3,500 sq. ft. on a 35-acre or larger tract created after the effective date of this Resolution.
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I.
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MORE THAN ONE SECONDARY RESIDENCE ON A LEGAL LOT OR TRACT.
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More than one secondary residence on a legal lot or tract, except as allowed pursuant to Section 9-101: Uses Secondary to a Primary Residence.
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J.
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DEVELOPMENT REQUIRING DETAILED RIDGELINE VANTAGE VISIBILITY ANALYSIS.
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Any development other than a project classified as a Major Impact project, and for which a detailed ridgeline vantage visibility analysis is required, pursuant to Section 11-108: F: Impact Classification.
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K.
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CLEARING OF MORE THAN 7500 SQ. FT. OF LAND.
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Clearing of more than 7,500 sq. ft. of land not related to activities permitted by a Building Permit, an ISDS Permit, or Access Permit, or an agricultural operation.
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L.
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NEW COMMERCIAL, INDUSTRIAL 5,000 SQ. FT., OR FIVE ACRES OR LESS.
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A new commercial or industrial structure equal to or less than 5,000 sq. ft: or a new commercial or industrial use developed on five acres or less.
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M.
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5.000-9,999 SQ. FT. EXPANSION OF COMMERCIAL OR INDUSTRIAL USE.
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A 5,0009,999 sq. ft. expansion of a commercial or industrial use, existing as of the effective date of this Resolution.
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N.
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FREESTANDING WIRELESS TELECOMMUNICATION STRUCTURE.
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Construction and siting of a freestanding wireless communication structure, building, pole, tower or antenna that provides wireless telecommunications services, pursuant to Section 9-505: Freestanding Wireless Telecommunication Structures.
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O.
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SMALL NEW OR EXPANDED MINING OPERATION.
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A new, or expansion of a mining operation that operates for no more than 180 days per year, produces fewer than 10,000 tons of ore/waste per year and affects no more than two surface acres of land, pursuant to Division 9-400: Exploration, Extraction and Processing of Minerals and Construction Materials.
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P.
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CONSTRUCTION MATERIALS OPERATION RELATED TO CONSTRUCTION OF PUBLIC ROAD.
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Any sand, gravel, or quarry operation providing material for public road construction that will operate for less than two years.
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Q.
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GENERAL ROAD CUTTING OR CONSTRUCTION.
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Road cutting or construction, except that cutting or construction and maintenance of a road that provides access solely for an agricultural operation shall not be classified as a Minor Impact project, and shall not require review.
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R.
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SUBDIVISION PLAT VACATION, AMENDMENT OR REPLAT.
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Vacation, amendment or replat of a recorded subdivision plat.
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S.
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TRANSMISSION LINES.
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Upgrade of an existing utility transmission line(s) within an existing easement(s), but not including a project for which a Land Use Change Permit has been granted in which the design, construction and impacts of the utility line were reviewed and approved.
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T.
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BED AND BREAKFAST.
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Bed and breakfast business, pursuant to Section 4-103: Bed and Breakfast.
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U.
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CHILD CARE CENTER.
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A child care center, pursuant to Section 9-506: Child Care Center.
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V.
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GROUP HOME.
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A group home, pursuant to Section 9-507: Group Home.
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