This Chapter shall be administered and enforced by the Town Building Inspector, who shall also be known as the "Zoning Enforcement Officer."

(Prior code 70-105)

(a)

No building shall be erected, moved or structurally altered unless a permit therefor has been issued by the Zoning Enforcement Officer, and no permit shall be issued unless the building or structure proposed is in full conformance with this Chapter and, where applicable, in full compliance with the Subdivision Regulations as adopted by the Town Council, except in those instances where a permit has been granted for a variance by the Board of Zoning Adjustment.

(b)

All applications for building permits must be accompanied by drawings to scale showing the plot plan and the location, floor plan, height and size of all proposed buildings and the location and dimensions of fences, signs and parking and loading areas.

(c)

A fee for the examination and administration of this permit shall be payable to the Town upon receipt of the application in an amount approved by the Town Council pursuant to Section 2-381 et seq.

(d)

No building permit shall be issued for a building requiring water service until the Town Council has approved the application for use of water for said building, and for a building, requiring Basalt Sanitation District sewer service until the Board of Directors of the Basalt Sanitation District has approved the connection to the district's sewer system for said building.

(Prior code 70-106; Ord. 12 §B38, 2003)

(a)

No land or building shall hereafter be changed in use, nor shall any new structure, building or land be occupied or used, without first having obtained a certificate of occupancy from the Zoning Enforcement Officer.

(b)

Such certificate of occupancy from the Zoning Enforcement Officer shall be issued within five (5) days of the time of notification that the building is completed and ready for occupancy, and after final inspection and approval of the Zoning Enforcement Officer.

(c)

All certificates of occupancy shall be filed with the Zoning Enforcement Officer and shall be available for examination by the public.

(Prior code 70-107)

A certificate of occupancy shall be applied where any land or building is made nonconforming as to use by the passage of the ordinance codified in this Chapter. Such certificate shall be applied for and issued within one (1) year after the effective date of the ordinance codified in this Chapter. Failure to apply for the certificate within this period constitutes a violation of this Chapter, and appropriate action will then be taken under the provisions of this Chapter relating to violations.

(Prior code 70-108)

(a)

Creation. A Board of Zoning Adjustment is hereby created, which will consist of five (5) members and which shall be appointed by the Town Council. All further reference to the Board of Zoning Adjustment in this Section shall hereafter be made to the "Board."

(b)

Membership and organization.

(1)

Members. The Board shall consist of five (5) members appointed by the Town Council. Members shall live in the Town, and shall be registered electors within the Town.

(2)

Terms of office. One (1) member shall be appointed for a term of one (1) year, two (2) for a term of two (2) years and two (2) for a term of three (3) years. Thereafter, all appointments to the Board shall be made for terms of three (3) years each. When vacancies occur prior to the expiration of a regular term, they shall be filled in the same manner as regular appointments, but such appointees shall serve only until the expiration of the term in which the vacancy occurred.

(3)

Chairman. The members of the Board shall elect from among their number a Chairman to serve for a term of one (1) year.

(4)

Expenses. In the performance of its duties, the Board may incur such expenses as shall be authorized by the Town Council, but no member shall receive any compensation for his or her service.

(5)

Removal of members. The Town Council shall have the power to remove any member of the Board for cause, after a public hearing.

(6)

Nonvoting members. The Zoning Enforcement Officer and Fire Chief shall be nonvoting members of the Board.

(7)

The Town Council may appoint alternate members to the Board in the event that any regular member is temporarily unable to act owing to absence, illness, interest in a case before the Board or any other cause. The regular member's place may be taken temporarily by an alternate member. The Town Council shall appoint alternate members to serve for a term of three (3) years, and shall designate a "First Alternate" and "Second Alternate," indicating the order in which they shall be called upon to serve in a regular member's place.

(c)

The Board shall have the following duties and powers:

(1)

Board of Zoning Adjustment: Duties and Powers. To hear and consider requests for variances.

(2)

To adopt any rules necessary to transact the Board's business or to expedite its functions or powers, so long as they are not inconsistent with the provisions of this Chapter.

(3)

The concurring vote of four (4) members of the Board shall be necessary to decide in favor of any variance request.

(4)

To keep minutes of the proceedings of each meeting, which shall be filed in the office of the Board, which may designate the Enforcement Officer to keep such files, which files shall be of public record.

(5)

To permit the public to attend and to be heard at all of its meetings.

(6)

To provide notice of all public hearings for consideration of variance requests in accordance with the notice requirements contained in Section 16-269.

(7)

To provide notice of all public hearings for consideration of appeals, interpretation requests or variance requests in accordance with the notice requirements contained in Section 16-269.

(d)

Board of Zoning Adjustment: Duties and Powers. All variance requests shall be in writing and on such an application form as shall be prescribed by the Board. Every application shall indicate what provision of this Chapter is involved and what relief from these provisions is being sought. The Chairman of the Board shall then, within thirty (30) days, or as soon thereafter as reasonably practical, call a meeting of the Board for the purpose of the review of the application. At the same time, a copy of the application shall be transmitted to the Planning and Zoning Commission for an opinion, which opinion shall be returned to the Board before the date set for hearing the application. Failure of the Planning and Zoning Commission to return the requested opinion shall be considered as its approval of the Board's granting of the variance request.

(Prior code 70-109; Ord. 23 §§2, 3, 1990; Ord. 28 §4, 1990; Ord. 10 §10, 1991; Ord. 33 §B1, 2003; Ord. 06 §1(Exh. A), 2014)

Whenever the Zoning Enforcement Officer shall find a violation of any of the provisions of this Chapter, he or she shall notify the person responsible for the violation, in writing, and shall order the necessary correction within a period of ten (10) days.

(Prior code 70-110)

(a)

Amendments, supplements, changes or repeal of this Chapter or any Section thereof, or to the Official Zoning Map, may be initiated by:

(1)

Application of any citizen or group of citizens or firm or corporation residing, owning or leasing property in the Town.

(2)

The Planning and Zoning Commission.

(3)

The Town Council.

(b)

Application for an amendment to this Chapter shall be made on such a form as the Planning and Zoning Commission shall prescribe and shall be filed with the Town Clerk. Applications for an amendment to the Official Zoning Map shall contain all the following information:

(1)

A description of the land area to be rezoned and the requested new classification along with a sketch to scale showing the boundaries of the area requested to be rezoned along with an indication of the existing zoning on all adjacent sides of the area.

(2)

A statement of justification for the rezoning, including one (1) of the following conditions:

a.

Changing area conditions.

b.

Error in original zoning.

c.

Peculiar suitability of the site to a certain use.

(3)

A description and sketches, if available, of buildings or uses proposed if rezoning is granted, along with a description of land and building uses within two hundred (200) feet of the boundary of the proposed area of change, in all directions.

(4)

A time schedule for any contemplated new construction or uses.

(5)

Justification for any new commercial or industrial zoning.

(6)

The effect that the new zoning would have on adjacent uses.

(c)

All applications for changes to the Zoning Ordinance shall be referred by the Town Clerk to the Planning and Zoning Commission, which Commission shall return a recommendation either recommending for or against the proposed change to the Town Council within thirty (30) days of the receipt thereof. Before any amendment is enacted, a public hearing shall be held before the Town Council, in accordance with the procedures and public notice requirements of Section 16-269.

(d)

Voting.

(1)

Except as set forth in Subparagraphs (2) and (3) below, the adoption of any amendment, supplement, change, modification or repeal of the regulations, restrictions or boundaries set forth in this Chapter, or of the Official Zoning Map, shall require the favorable vote of a majority of the Town Council.

(2)

In any case in which a protest is filed against changes in zoning regulations or restrictions, changes in the zone district applicable to particular land, or other changes to the Official Zoning Map, which protest meets the criteria listed below, such proposed changes shall not become effective except by favorable vote of two-thirds ( ² /3) of all of the Town Council. To be recognized under this Section, the protest shall:

a.

Be filed with the Town Clerk at least twenty-four (24) hours prior to the Town Council's vote on the proposed change; and

b.

Be signed by the owners of twenty percent (20%) or more of the area of land extending a radius of one hundred (100) feet from the land which is subject to the proposed change, disregarding intervening public streets and alleys.

(3)

In any case in which an amendment, supplement, change, modification or repeal of the regulations, restrictions or boundaries set forth in this Chapter or of the Official Zoning Map was not recommended for approval by the Planning and Zoning Commission, a favorable vote of two-thirds ( ² /3) of all of the Town Council shall be required to approve such amendment or map change.

(4)

All provisions of state law and this Code with regard to public hearings and official notices shall apply when the Town Council is considering any amendment, supplement, change or modification of the zoning regulations, restrictions, boundaries or Official Zoning Map.

(Prior code 70-111; Ord. 23 §1, 1990; Ord. 10 §11, 1991; Ord. 33 §B1, 2003)

Failure to comply with all of the provisions of this Chapter, unless a variance has been authorized by the Board of Zoning Adjustment, shall constitute a misdemeanor and upon conviction by a court is punishable by a fine or imprisonment or both. Each day that such violation continues to exist shall be considered a separate offense subject to fine and imprisonment. The maximum period for any imprisonment and the maximum fine shall be for the duration and in an amount approved by the Town Council pursuant to Section 2-381 et seq. Further upon conviction, the violator shall pay all reasonable attorney fees and costs incurred by the Town in or related to enforcement of the provisions of this Chapter.

(Prior code 70-112; Ord. 22 §1, 1991; Ord. 12 §B39, 2003)

For special review requests, variance requests, PUD hearings, rezoning requests and site plan development review applications, the following public notice requirements shall be met:

(1)

A public notice shall be published in a newspaper of general circulation within the Town at least fifteen (15) days in advance of the hearing.

(2)

Notice shall be sent to all property owners within three hundred (300) feet of the property in question at least fifteen (15) days in advance of the hearing. The applicant shall submit to the Town an affidavit certifying that the mailing has been completed and the date it was completed, and listing the property owners who received notice, together with one (1) copy of the notice sent.

(3)

A notice shall be posted on the subject property at least fifteen (15) days prior to the hearing. Said notice shall be protected from the elements to ensure its legibility for a reasonable period of time.

(4)

All notices shall include the following information:

a.

A description of the nature of the request.

b.

The time, date and place of the public hearing.

c.

The agency or office and phone number where further information may be obtained.

(5)

The notice procedure for all PUD review proceedings shall be in accordance with the Planned Unit Development Act of 1972, specifically Section 24-67-104(1)(e), C.R.S., as such may later be amended.

(Prior code 70-113; Ord. 10 §12, 1991)

Final approval by the Town Council of a PUD master plan, preliminary development plans, final development plans or zone district amendment, the finalized and executed maps and accompanying documents shall be legally recorded by the applicant with the County Clerk and Recorder in the county where the development is located. The cost of recording shall be paid by the applicant.

(Prior code 70-114)