In an effort to control and provided for the orderly growth of the town and in order to protect the public health from possible contamination of underground water supplies from the date of passage of the ordinance codified in this chapter, no building permits shall be issued for any building or structure whether commercial or residential, unless such building or structure lies within a platted subdivision or a lot which is readily accessible to town water and sewer mains.

( Ord. No. 121415-507 , 12-14-2015)

No water and sewer mains shall be extended unless the area for such extension has been platted and conforms to subdivision regulations contained in Title 16, and payment for such extension is on deposit with the town water and sewer department.

( Ord. No. 121415-507 , 12-14-2015)

No construction or building permit shall be issued for unzoned areas until a subdivision plat covering the site has been approved by the town council, and same has been duly recorded with the El Paso County Clerk. (See Title 16 for filing of plat or replat and instructions thereto.)

( Ord. No. 121415-507 , 12-14-2015; Ord. No. 2020-31-0427 , § 2, 4-27-2020)

All territory not otherwise zoned herein or hereafter annexed to the town shall be temporarily zoned pre-development until a permanent land classification is established by the town council and approval of the town council. The procedure for establishing other zoning shall conform to the procedure established by law for the adoption of the original zoning.

( Ord. No. 121415-507 , 12-14-2015; Ord. No. 2020-31-0427 , § 2, 4-27-2020)

An application by a property owner for a permit for any use shall be made to the building inspector of the town, and by him or her referred to the town council for consideration and recommendation to the town council. The town council in making its recommendation to the town council concerning any such permit shall take into consideration the appropriate land use for the area and the comprehensive development plan for the town. The town council after receiving and reviewing the recommendation of the town council may by majority vote authorize the issuance of a building permit or certificate of occupancy or may disapprove the application.

( Ord. No. 121415-507 , 12-14-2015; Ord. No. 2020-31-0427 , § 2, 4-27-2020)

The nonconforming use of land where no building is involved or existing at the time of passage of the ordinance codified in this chapter may be continued for a period of not more than three (3) years therefrom; provided, that no such nonconforming use of land shall in any way be expanded or extended either on the same or adjoining property, and that if such nonconforming use or land or any portion thereof is discontinued or changed, any future use of such land shall be in conformity with restrictions of the zone in which it lies.

( Ord. No. 121415-507 , 12-14-2015)

Except as otherwise provided in this section, the nonconforming use of a building existing at the time the ordinance codified in this chapter becomes effective, may be continued for a period of not more than ten (10) years, and may only be changed to a conforming use. A nonconforming building which is or may hereafter become vacant, may no longer be used except in conformity with the applicable zone, in which it is located. A nonconforming building may be maintained or kept in good repair except as otherwise provided in this section. No existing nonconforming building may be enlarged, extended, reconstructed or altered unless its use is changed to a use permitted in the zone in which such building is located, except in the event such enlargement, extension, reconstruction or alteration is required by court decision, law or ordinance. No nonconforming building shall be moved in whole or in part to any other location on the lot unless every portion of such building is made to conform to all the requirements of the zone on which it is located. A nonconforming building which is damaged by fire, explosion, flood, wind, earthquake, or other calamity or act of God or the public enemy to the extent of fifty (50) percent or more of its reasonable value may not be restored except in conformity with the regulations or the zone in which it is located.

( Ord. No. 121415-507 , 12-14-2015)

No permit for the erection, alteration or enlargement of any building shall be issued by the building inspector unless there first be filed in his or her office by the applicant thereof, a plat, drawn to scale in such form as may be prescribed by the building inspector, correctly showing the location and actual dimensions of the lot to be occupied, the dimensions and location on the lot of the building to be erected, altered or enlarged, together with a true statement in writing signed by the applicant, showing the use for which such building is arranged, intended or designed, and furnishing such other information as the building inspector may require in the enforcement of the provisions of this section. Failure to comply with any of these provisions will be good cause to refuse the issuance of any building permit.

( Ord. No. 121415-507 , 12-14-2015)

No permit for the drilling or alteration or enlargement of any new or existing water well shall be issued by the building inspector unless there first be filed in his or her office by the applicant thereof, a plan, drawn to scale in such form as may be prescribed by the building inspector, correctly showing the location and actual dimensions of the well to be drilled, the dimensions and location of the well to be drilled, altered or enlarged, together with a true statement in writing signed by the applicant, showing the use for which such well is arranged, intended or designed, and furnishing such other information as the building inspector may require in the enforcement of the provisions of this section. Failure to comply with any of these provisions will be good cause to refuse the issuance of any building permit. The application for such permit shall be subject to final approval by the town council.

( Ord. No. 121415-507 , 12-14-2015)

Any person or corporation who shall violate any of the provisions of this title or fail to comply therewith or with any of the requirements thereof, or who shall build or alter any building in violation of any statement or plan submitted and approved hereunder shall be guilty of a misdemeanor and shall be liable to a fine of not more than two hundred dollars ($200.00), and each day such violation shall be permitted to exist shall constitute a separate offense. The owner or owners of any building or premises, or part thereof, where anything in violation of this title shall be placed or shall exist, and any architect, engineer, builder, contractor, agent, person or corporation employed in connection therewith and who may have assisted in the commission of any such violation shall be guilty of a separate offense and, upon conviction thereof, shall be fined as hereinbefore provided.

( Ord. No. 121415-507 , 12-14-2015)