The members of the planning and zoning commission shall be appointed by the town council for a term of four years ending in May or until the member's successor takes office. Appointments to the planning commission shall be made in May following any general municipal election in April and the members so appointed shall take office at the first meeting in June following their appointment. Terms shall be staggered so that four members are appointed in one cycle and three members in the next cycle of appointments. One member of the planning and zoning commission shall be an elected member of the town council. When a town council member of the planning commission leaves office of the town council, he or she shall no longer serve as a member of the planning and zoning commission. (Ord. 6 series 1995 S1)

(1)

The planning and zoning commission shall consist of seven members. In addition, the commission may have an advisory committee. Whenever a vacancy occurs, the council shall cause public notice of such vacancy to be made and encourage qualified volunteers to seek appointment. (Ord. 28, Series 1999)

(2)

Annually, at the first regular meeting in June, the planning and zoning commission shall elect from its membership a chairperson and vice-chairperson, with each being eligible for reelection. At the same meeting, the planning and zoning commission shall appoint a secretary for the purpose of keeping minutes of all meetings, for notifying all members of times and dates of meetings, and for keeping files and records.

(3)

The chairperson shall preside at all meetings and public hearings of the planning and zoning commission and shall decide all points of order and procedure. The chairperson shall also certify plans and plats and shall transmit reports and recommendations of the planning and zoning commission to the town council.

(4)

The vice-chairperson shall assume the duties of the chairperson in the absence of the chairperson and shall act in the capacity of chairperson of all special committees created by the planning and zoning commission. Should the vice-chairperson and the chairperson be absent from a meeting or public hearing, a majority of the members of the planning and zoning commission in attendance shall appoint a member to serve as the presiding officer for that meeting or public hearing.

(5)

The town clerk shall transmit to the chairperson all official correspondence received by the town which may require consideration or action by the planning and zoning commission.

(6)

The town council may replace any member of the planning and zoning commission if that member misses more than three consecutive meetings or 40 percent of the meetings in a six-month period, unless the absences were due to reasons determined to be valid by the chairperson of the planning and zoning commission. (Ord. 9 series 1993 S2)

(7)

Regular meetings shall be held upon notice as required by Colorado Law, on such days and at such times as set from time to time by resolution of the town council. Special meetings may be called as necessary by the chairperson or a majority of the members of the planning and zoning commission at any regular meeting or upon 24 hours actual notice to all members, and such other notice as required by Colorado law. Attendance by a member at any meeting shall constitute conclusive evidence of adequate notice. Any member may waive the actual notice requirement for special meetings at any time. If is becomes necessary to change the day or time of the regular meetings, the town council may by resolution authorize such changes providing notice is published at least one time in a paper of general circulation. (Ord. 4 series 1994 S1)

(8)

Any meeting at which a quorum of the planning and zoning commission is expected to be in attendance shall be held only after posting at the Gypsum Town Hall no less than 24 hours in advance of the meeting, an agenda of the meeting. The planning and zoning commission shall by resolution at the first meeting of each calendar year designate the Gypsum Town Hall as its designated public place for posting meeting notices. Failure to adopt such resolution shall not invalidate any notice otherwise validly posted. A posted meeting agenda may be amended by a majority vote of the members in attendance. Notice of meetings may also be provided by any other additional means deemed appropriate.

(9)

Notice of any public hearing before the planning and zoning commission shall be published, mailed or posted as provided in section 18.16.060 or such other provision of the Gypsum Municipal Code requiring such notice.

(10)

No official action may be taken at a meeting unless a quorum is present. A quorum shall consist of four members. (Ord. 28 series 1999). A majority of the members present must vote in the affirmative on a motion for the motion to pass. (Ord. 9 series 1993 S2) If a member recuses himself or herself and there is then no quorum, no vote shall then be taken.

(11)

Each member of the planning and zoning commission shall receive compensation in an amount of $50.00 per meeting attended, paid monthly.

The planning and zoning commission may grant variances in respect to any use, building, or structure classified under these regulations, and may issue a variance for such use, building or structure in accordance with the procedures set forth in this title; see chapter 18.13.

The town council may by resolution establish the fees to be imposed for applications for any permit, variance, rezoning, or other action under this title. The town council may also delegate to the town manager or the town manager's designee, the authority to set fees for such applications and to recover for the town the expenses incurred in processing such applications or any action required under this title. Any fee collected with the application shall be for the town's administrative expenses in processing the application, whether the application is granted or denied. Any costs and expenses the town may incur for professional services, engineering services, publication costs, recording fees or similar expenses for such application shall be paid by the applicant in addition to the fee collected with the application.

When the town council, town manager or the town manager's designee determines that proper evaluation of an issue arising under this title requires advice or other service to the town by professional parties, the town may require the applicant or party requesting such action to pay the reasonable expenses of such professional services. If requested to do so by the applicant, the town shall procure an estimate of the cost of such information to the applicant. Unless the application or request for services is withdrawn, the applicant shall be required to pay the cost of such professional services as a condition of approval, and shall pay the costs incurred for such professional services up to the time that the application is withdrawn.

Any person who seeks approval of a land development activity resulting from annexation, subdivision, zoning, approval of a planned unit development, or issuance of a conditional use permit, special use permit or variance, any of which require additional fire protection services or additional emergency medical services, shall pay a fire protection or emergency medical service impact fee as provided in chapter 17.50 of the Gypsum Municipal Code, together with any other impact fee or fees approved and authorized by the town council.

(a)

Enforcement powers. The town manager, the town planner, the code enforcement officer and their designees, shall have the duty to enforce this zoning code and the powers necessary for such enforcement, including but not limited to the following:

(1)

Conduct investigations and surveys to determine compliance or noncompliance with the provisions of this zoning code, including reinvestigations of any land or structure to investigate alleged violations of the zoning code and to determine if a violation under an earlier notice or order has been corrected.

(2)

Enter into agreements with violators for the abatement of zoning violations.

(3)

Issue written orders requiring compliance with the provisions of this zoning code.

(4)

Issue notices of violations for noncompliance with the provisions of this zoning code and take action to abate violations of this zoning code in the same manner as provided in section 8.05.050 of the Code.

(5)

Institute, in courts of proper jurisdiction, proceedings to enforce the provisions of this zoning code, administrative orders and determinations made hereunder, and settlement agreements made hereunder.

(b)

Noncompliance prohibited. It shall be deemed a strict liability offense for any owner, lessee, occupant or agent of such person to allow or permit to exist, or to otherwise let happen, any condition or to take any action not permitted by the zoning code on the land or in the structure to which the owner, lessee, occupant, or agent has legal or equitable title or right of possession.

(c)

Enforcement and abatement. The town manager, the town planner, the code enforcement officer and their designees may enforce violations of this zoning code pursuant to the investigation, notice, abatement, and enforcement procedures outlined in section 8.05.050 of the Code.

(d)

Additional remedies. In addition to all other remedies available, the town may take any of the following remedial actions to enforce this zoning code:

(1)

Deny/withhold permits.

a.

The town may deny and withhold any permit, license, business license, certificate, variance, or other form of authorization to use or develop any land, structure or improvement thereon for any property which is subject to, or any property owner, agent or other person who has any outstanding violation of titles 15, 17 or 18 of the Gypsum Municipal Code until the violation related to such property, use, or development is corrected. This provision shall apply whether or not the current owner or applicant is responsible for the violation.

b.

The denial or withholding of a permit may be appealed to the board of adjustment as provided in section 18.16.050 of the zoning code.

(2)

Revocation of permits. The town council, after notice and a public hearing, may revoke any permit, license, business license, certificate, variance, building permit or other authorization to use or develop any land, structure or improvement.

a.

Notice of public hearing. The public hearing on the revocation of a permit, variance, building permit or other authorization shall be conducted during a regular or special meeting of the town council not less than ten days from the date the notice is given. Notice of the hearing shall be deemed given to the owner, the owner's agent, or other person to whom the development permit, variance, building permit or other authorization was issued, upon deposit of said notice in the U.S. mail, certified mail, return receipt requested, addressed to the last known address of said person. Additional methods of notice may be utilized to give notice of the public hearing at the discretion of the town attorney.

b.

Findings. Following the public hearing, the town council, upon a finding of any of the following, may revoke any permit, license, business license, certificate, variance, building permit, or other authorization to use or develop any land, structure or improvement:

1.

There is a departure from the approved plans, specifications, or conditions of approval;

2.

There is a violation of any provision of title 15, 17 or 18 of the Code;

3.

The permit, variance, building permit or other authorization was obtained by false representation; or

4.

The permit, license, business license, certificate, variance building permit or other authorization to use or develop was issued in error.

c.

Notice of revocation. Written notice of revocation shall be served upon the owner, owner's agent, applicant or other person to whom the permit, license, business license, certificate, variance building permit or other authorization to use or develop was issued in error, by certified mail, return receipt requested. Such notice may also be posted in a prominent location at the place of the violation. No work or construction at or use of the property shall proceed after service of the notice of revocation.

(3)

Stop work order. The town may issue a written order to stop work on any property where the building official finds any work regulated by the Code being performed in a manner either contrary to the provisions of this Code or dangerous or unsafe, or when there is a violation of a provision of this zoning code, any provision of the Code, or a provision of the permit, license, business license, certificate, variance, building permit, or when an authorization to use or develop was issued in error. The stop work order shall specify the specific violation alleged and any appeal and/or variance procedures available and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work, either in person or by posting notice on the premises. Upon issuance of a stop work order, the cited work shall immediately cease. Any person who shall continue any work after having been served a stop work order shall be subject to fines as set forth in section 2.01.090(5) of the Town Code for each day work continues after issuance of the stop work order.

(e)

Remedies cumulative. The remedies provided for violations of this zoning code shall be cumulative and in addition to any other remedy provided by law and may be exercised in any order.

(f)

Liability of town. The zoning code shall not be construed to hold the town responsible for any damages to persons or property by reason of the inspection or reinspection, by reason of the failure to inspect or reinspect, by reason of issuing any permit, or by reason of pursuing or failing to pursue any action to enforce any provision of the Code or obtain injunctive relief.

(Ord. 2011-16)

(Ord. No. 2015-01, §§ 1—3, 1-27-15)

(a)

Appeals. Any Person, with standing, adversely affected by a Final Action of either the Planning Director, Planning Staff or a design review board may appeal such Final Action to the Board of Adjustment pursuant to this Section 18.16.050. Any Person, with standing, adversely affected by a Final Action of the Planning and Zoning Commission may appeal such Final Action to the Town Council.

(b)

Standing to Appeal. The following have standing to appeal a Final Action:

(1)

Any Person who submitted written comment or testified on a proposal before the Planning Department or Planning Commission;

(2)

The Owner of any property within three hundred feet (300') of the boundary of the subject site;

(3)

The Town, through a Town official or Town appointed board or commission having jurisdiction over the matter; and

(4)

The Owner of the subject property.

(c)

Timing. All appeals must be made within fourteen (14) calendar days of the Final Action. Failure to make timely appeal, including payment of fees, shall be considered a waiver of the appellant's rights to appeal.

(d)

Form of Appeals. Appeals must be filed with the Town Clerk. Appeals must be in writing, and must contain the following: the name, address, email address and telephone number of the petitioner; the petitioner's relationship to the project or subject property; the petitioner's standing to appeal; a comprehensive statement of all the reasons for the appeal, including specific provisions of the law, if known, that are alleged to be violated by the action taken.

(e)

Fees. The Town Council will set by resolution the fees for appeals. The petitioner shall pay the applicable fee when filing the appeal, except that such fee shall not be required if the petitioner is the Town. In addition to such fee, the appellant shall reimburse the Town for all costs for mailing notice and providing signage related to the appeal. Any petitioner seeking a waiver of fees due to economic hardship must include such written request for a waiver as part of the initial appeal, to include a written statement or evidence in support of such economic hardship. The Town Council shall consider the request for waiver of fees and include such determination in the Resolution appointing the Board of Adjustment.

(f)

Appointment of Board of Adjustment or Hearing Officer. Upon receipt of an appeal to the Board of Adjustment and payment of fees, the Town Council shall, by resolution, appoint three (3) members of the Planning Commission to serve as the Board of Adjustment. The appointed members shall continue to serve as the Board of Adjustment through the conclusion of the appeal process. Alternatively, the Town Council shall have the right to appoint a Hearing Officer in lieu of the Board of Adjustment. The Hearing Officer shall continue to serve as the Hearing Officer through the conclusion of the appeal process.

(g)

Record. The Town Clerk shall forward a copy of the notice of appeal to the Town Manager or other appropriate administrative officer, who shall have prepared a record of the Town action that is being appealed.

(h)

Stay. An appeal stays all proceedings in furtherance of the appealed action unless the officer or commission from whom the appeal is taken certifies to the appellate body after the notice of appeal has been filed that, by reason of facts stated in the certificate, a stay would, in their opinion, cause imminent peril to life or property.

(i)

Public Hearing, Burden of Proof, Standard of Review and Action of Appeal.

(1)

The Appeals Board may establish procedures for the appeal.

(2)

The Appeals Board shall hear the appeal at a public hearing, notice of which shall be provided as set forth in Sections 18.16.060 and 18.16.070. The names and addresses of the adjacent property owners required to be notified shall be determined by the appellant as such owner's names and addresses may appear in the tax records of the Town or Eagle County, and such information shall be submitted to the Town Clerk with the notice of appeal. The Appeals Board, in hearing an appeal, shall consider only the criteria required to be considered by the original decision-maker by any applicable provisions of the Zoning Code.

(3)

The Appeals Board shall issue a written determination, which shall include findings of facts and conclusions, no later than thirty (30) calendar days following conclusion of the public hearing.

(4)

The appellant has the burden of proof to establish facts to warrant favorable action, based upon the appeal criteria, by the Appeals Board.

(5)

The Appeals Board shall have all the powers of the applicable Town administrative official or the Planning and Zoning Commission on the action appealed.

(j)

Action on Appeals.

(1)

The Appeals Board may in whole or in part affirm, reverse, or amend the Final Action of the applicable Town administrative official or the Planning and Zoning Commission upon a finding that the administrative official or Planning and Zoning Commission exceeded their jurisdiction, abused their discretion, or that there was no competent evidence to support the Final Action. The Appeals Board may impose reasonable conditions to be complied with by the appellant to further the purposes and intent of the Zoning Code. The concurring vote of a majority of the Appeals Board shall be necessary to reverse any order, requirement, interpretation or determination of any administrative official or the Planning and Zoning Commission. The Hearing Officer may, in their sole discretion, reverse any order, requirement, interpretation or determination of any administrative official or the Planning and Zoning Commission.

(2)

No single decision of the Appeals Board shall set a precedent for future appeals. Any decisions of the Appeals Board shall be made on the particular facts of each case.

(k)

Subsequent Appeals. Decisions of the Appeals Board may be appealed to district court as a civil matter pursuant to Rule 106 of the Colorado Rules of Civil Procedure. The review by the District Court shall be limited to determination of whether the Appeals Board has exceeded its jurisdiction or abused its discretion. Except for such district court review, decisions of the Appeals Board shall be conclusive as to the subject matter of the appeal and shall bar further appeals for the same property based on substantially the same facts.

(Ord. No. 2024-07, § 3(Exh. A), 8-13-24; Ord. No. 2025-09, § 4, 6-24-25)

Editor's note— Ord. No. 2024-07, § 2, adopted Aug. 13, 2024, repealed the former § 18.16.050, and § 3(Exh. A) of the same ord. enacted a new section as set out herein. The former § 18.16.050 pertained to appeals to the board of adjustment.

Certain zoning actions require a public hearing, notice of which shall be given in the manner and within the times set forth in the following notice requirements:

(a)

Responsibility. Posting of a sign on the property giving notice of any public hearing shall be the responsibility of the applicant. Staff shall advise the applicant in writing within five business days of receipt of the application of this posting requirement and the location and number of signs required for the application. All signs must be prepared by or for the applicant at the applicant's expense. All signs must be posted on the property not less than 15 or not less than ten days prior to the scheduled public hearing as set forth in section 18.16.060. The applicant must take a clear and distinct photograph of the sign(s) and submit the photograph(s) to the planning department immediately upon posting the property. No later than noon on Friday prior to the scheduled public hearing, the applicant shall present a certificate of posting in the following form to the planning department.

(b)

Certificate of posting.

Certificate of Posting

I hereby certify under oath that a sign (or signs (___)) was posted on the property known by street and number as _______ on _______, 20___, at least ten days prior to the public hearing on the Application for _______ for this property as shown in the photograph(s) submitted in support of this Certificate as notice of this public hearing before the Planning and Zoning Commission/Board of Adjustment/Town Council on _______, 20___ at ___ ___.m.

Dated this ___ day of _______, 20___.

___________
Applicant

State of Colorado   )
)   ss.
County of Eagle    )

Subscribed and sworn to before me this ___ day of _______, 20___ by ___________ as Applicant.

My commission expires _______.

___________
Notary Public

Failure to present the certificate of posting and submit the photograph(s) will result in a rescheduling of the public hearing and require a new posting of the property.

(c)

Sign specifications. A sign not less than three feet by four feet in size erected on posts no lower than four feet above natural grade and legible from the nearest dedicated public right-of-way. Title of sign shall be in letters not less than five inches high. Said sign shall be removed by the applicant within two weeks of the conclusion of the public hearing. A sample format for the sign is as follows: