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Fort Morgan City Zoning Code

ARTICLE 2

Administration

Sec. 20-2-10.- Director.

It shall be the duty of the City Manager, hereafter referred to as the "Director," to administer the provisions of this Chapter.

(Ord. 1110 §1, 2010; Ord. 1153 §4, 2014)

Sec. 20-2-20. - Planning Commission.

(a)

The Planning Commission shall consist of not less than seven (7) regular members appointed by the Mayor and confirmed by the City Council, each for a term of six (6) years or until his or her successor takes office, except that for those persons appointed initially, one (1) shall be appointed to a six-year term, two (2) shall be appointed to four-year terms and two (2) shall be appointed to two-year terms. The City Council may appoint not more than two (2) persons as alternate members to serve in the absence of a regular member.

(b)

All members of the Planning Commission shall be bona fide residents of the City and, if any member ceases to reside in the City, his or her membership on the Planning Commission shall automatically terminate. All members of the Planning Commission shall serve without compensation. Members may be removed, after public hearing by the City Council for inefficiency, neglect of duty or malfeasance in office. The Mayor or any member of the City Council shall file a written statement of reasons for such removal. Vacancies occurring otherwise than through the expiration of term shall be filled for the remainder of the unexpired term by the Mayor with confirmation by the City Council.

(c)

The Planning Commission shall elect its Chairman from among the regular members and may create and fill such other of its offices as it may determine. The term of the Chairman shall be one (1) year, with eligibility for reelection. The Planning Commission should hold at least one (1) regular meeting in each month. The Planning Commission shall adopt rules for transaction of business and shall keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record.

(Ord. 1110 §1, 2010)

Sec. 20-2-30. - Zoning Board of Appeals.

(a)

The City Council, as constituted from time to time, shall serve as the Zoning Board of Appeals.

(b)

The Zoning Board of Appeals shall have the following powers and duties:

(1)

To hear and decide appeals and review any order, requirement, decision or determination made by an administrative official and body charged with enforcement of the regulations established by this Chapter.

(2)

To hear and decide requests for variances from the strict application of the requirements of this Chapter.

(Ord. 1110 §1, 2010)

Sec. 20-2-40. - Interpretation.

(a)

The previsions of this Chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety and welfare. Whenever both a provision of this Chapter and any provision in any other law, ordinance, resolution, rule or regulation of any kind contain any restrictions covering any of the same subject matter, whichever regulations are more restrictive or impose higher standards or requirements shall govern.

(b)

This Chapter shall not abrogate, abolish, repeal, or annul any plat, easement, covenant or agreement placed of record prior to the effective date of this Chapter.

(Ord. 1110 §1, 2010)

Sec. 20-2-50. - Enforcement, violations and penalties.

(a)

Any person, whether as principal, agent, employee or otherwise, who violates any of the provisions of this Chapter shall be fined for each offense. Each day of the existence of any violation shall be deemed a separate offense.

(b)

The erection, construction, enlargement, conversion, moving or maintenance of any building or structure and the use of any land or building which is continued, operated or maintained, contrary to any provisions of this Chapter is declared to be a violation and unlawful. The City Attorney shall have authority to institute injunction, abatement or any other appropriate action to prevent, enjoin, abate or remove such violation. In addition, the City may refuse to issue any permit and may revoke any existing permit, for the use, development or construction on the subject property or any other property owned by the same person or entity.

(c)

Any person, either as owner, lessee, occupant or otherwise, who violates any of the provisions of this Chapter or any amendment thereof or who interferes in any manner with any person in the performance of a right or duty granted or imposed upon him or her by the provisions of this Chapter shall be guilty of a violation of this Chapter. Each day a violation shall continue to occur shall constitute a separate offense. Multiple offenses may be charged on a single Municipal Court complaint.

(d)

Any contractor, builder or tradesperson holding a City business license who violates any provision of this Chapter while engaged in work for which such license was issued shall, upon conviction thereof and in addition to the penalties set forth in this Section, have his or her license revoked or suspended.

(e)

The remedies provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law.

(f)

The Director or any duly authorized City official shall have the right to enter upon any premises at any reasonable time prior to and upon completion of a building for the purpose of making inspections of buildings or premises necessary to carry out his or her duties in the enforcement of this Chapter.

(g)

Whenever any building work is being done contrary to the provisions of this Chapter, the Director may order the work stopped by notice in writing served on any person engaged in doing or causing such work to be done, and any such person shall forthwith stop such work until authorized to proceed with the work.

(Ord. 1110 §1, 2010; Ord. 1154 §1, 2014)

Sec. 20-2-60. - Fees and costs.

All fees and costs required or imposed by this Chapter are set forth in Appendix 20-C, as the same may be amended by resolution of the City Council from time to time.

(Ord. 1110 §1, 2010)