(a)

General powers. The planning commission shall have the powers and duties of a municipal planning commission, a municipal zoning commission and all of the powers and duties provided by the authority conferred by Section 31-23-201, et seq., C.R.S., and applicable ordinances of the town.

(b)

Membership—terms—qualifications.

(1)

The planning commission shall consist of no less than five (5) nor more than seven (7) members, at least three (3) of whom shall be citizen members and no more than two (2) of whom shall be ex officio members.

(2)

Citizen members of the commission shall be appointed by the mayor pursuant to ratification by resolution of the town council, from among the persons nominated by members of the town council. The term of each citizen member shall be four (4) years or until his or her successor takes office.

(3)

Ex officio members of the commission shall be appointed by the town council, from among the membership of the town council, including the mayor, and the administrative officers of the town. The term of each ex officio member shall be until his or her successor takes office, or until the termination of his or her official tenure as such trustee, mayor or administrative officer.

(4)

All members of the commission shall be bona fide residents of the town, and if any member ceases to reside in the town, his or her membership on the commission shall immediately terminate.

(5)

Citizen members shall hold no other municipal office, except that no more than two (2) citizen members may be members of the board of adjustment. The term of any citizen member shall terminate upon his or her election or appointment to other municipal office, except as herein provided.

(6)

The town council shall also appoint one (1) alternate member who shall have the qualifications provided by ordinance for citizen members. The term of each alternate member shall be four (4) years or until his or her successor takes office.

a.

In case of the absence from any meeting of a citizen member or ex officio member, the alternate member selected shall be called to serve in lieu of the absent member, with all of the powers, duties and responsibilities of the regular member for whom the alternate member acts.

b.

The alternate member shall be appointed for a term of three (3) years.

(7)

The commission may provide rules, consistent with this chapter, for the seating of alternate members.

(7.5)

Members, including the alternate member called to serve in lieu of an absent member, shall be paid fifty dollars ($50.00) in compensation for each planning commission meeting attended except that no person who is an ex-officio member at the time this ordinance is enacted and who is the mayor or a town council member shall receive the revised compensation for attending any planning commission meeting until beginning a new elected or appointed term as mayor or town council member.

(8)

An absent ex officio member shall not be counted in determining the presence of a quorum of the commission.

(c)

Vacancies.

(1)

A vacancy on the commission shall exist upon the resignation, death or removal of any member, or upon the termination of the term of any member otherwise than by expiration of his or her term.

(2)

Any vacancy on the commission shall be filled, for the balance of the unexpired term, in the manner provided by this section.

(d)

Removal.

(1)

Citizen members of the commission may be removed by the town council, after public hearing, for inefficiency, neglect of duty or malfeasance of office. Such public hearing shall be held only after the filing by the mayor or trustee of written charges and upon proper notice.

(2)

Ex officio members of the commission may be removed by the town council by resolution.

(e)

Investigation and recommendation.

(1)

The commission may interview and investigate the qualifications of applicants for appointment as citizen members of the commission, and make reports and recommendations to the town council thereof.

(2)

The commission shall make such investigation and report as may be required to enable the town council to consider and act upon any charges filed under the provisions of subsection (d) above.

(f)

Voting - quorum.

(1)

Each member of the commission shall have one (1) vote.

(2)

Except when the vote of a larger number is required under the provisions of this section or by law, a quorum for the transaction of business by the commission shall be a majority of the number of members currently sitting on the commission.

(g)

Organization and rules.

(1)

The commission shall elect its chairperson from among the citizen members for a term of one (1) year, with eligibility for reelection. The commission shall also elect a vice chairperson from among the citizen members for a term of one (1) year, with eligibility for reelection, and such vice chairperson shall preside as chairperson in the chairperson's absence or inability to serve.

(2)

The commission shall hold at least one (1) regular meeting in each month.

(3)

The commission shall keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record.

(4)

The commission shall adopt rules for the transaction of business. Except as otherwise provided by ordinance, the proceedings and meetings of the commission shall be governed by such rules.

(h)

Staff - consultants - finances.

(1)

The town clerk, subject to the approval of the town council, shall furnish to the commission such equipment and accommodations and such administrative and staff services as may be required for the accomplishment of the purposes and functions of the commission.

(2)

The commission may negotiate contracts, subject to approval by the town council, with planners, engineers, architects and other consultants for such services as it may require.

(3)

The expenditures of the commission shall be within the amounts appropriated for the purpose by the town council.

(i)

Comprehensive plan.

(1)

Function of plan. It shall be the function and duty of the commission to make and adopt a comprehensive plan for the physical development of the town, including any areas outside its boundaries, subject to the approval of the town council, which in the commission's judgment bear relation to the planning of the town. Such plan with accompanying maps, plats, charts and descriptive matter, shall show the commission's recommendations for the development of said territory, including among other things the general location, character and extent of streets, viaducts, subways, bridges, waterways, waterfronts, boulevards, parkways, playgrounds, squares, parks, aviation fields and other public ways, grounds and open spaces, the general location and extent of public utilities and terminals, whether publicly or privately owned or operated, for water, sight, sanitation, transportation, communication, power and other purposes, also the removal, relocation, widening, narrowing, vacating, abandonment, change of use or extension of any of the foregoing ways, grounds, open spaces, buildings, property, utilities or terminals; as well as a zoning plan for the control of height, area, bulk, location and use of buildings and premises. As the work of making the whole comprehensive plan progresses, the commission may from time to time adopt and publish the part or parts thereof, any such part to cover one (1) or more major sections or divisions of the town or one (1) or more of the foregoing or other functional matters to be included in the plan. The commission may amend, extend or add to the plan from time to time.

(2)

Survey by commission. In the preparation of such plan, the commission shall make careful and comprehensive surveys and studies of present conditions and future growth of the town and with due regard to its relation to neighboring territory. The plans shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the town and its environs which will, in accordance with present and future needs, best promote health, safety, morals, order, convenience, prosperity and general welfare, as well as efficiency and economy in the process of development, including among other things adequate provisions for traffic, the promotion of safety from fire, floodwaters and other dangers, adequate provision for light and air, the promotion of healthful and convenient distribution of population, the promotion of good civic design and arrangement, wise and efficient expenditure of public funds and the adequate provision of public utilities and other public requirements.

(3)

Procedure of commission. The commission may recommend adoption by the town council of the plan as a whole by a single resolution or may, by successive resolutions, recommend adoption of successive parts of the plan, said parts corresponding with major geographic sections or divisions of the subject matter of the plan, and may recommend adoption of any amendments or extensions thereof or addition thereto. Before the adoption of the plan or any part, amendment, extension or addition, the commission shall hold at least one (1) public hearing thereon, notice of the time and place of which shall be given by one (1) publication in a newspaper of general circulation in the town and in an official newspaper of the county at least fifteen (15) days prior to said hearing. The adoption of the plan, or any part, amendment, extension or addition shall be by resolution of the town council, carried by affirmative votes of not less than two-thirds (⅔) of the entire membership of the town council. The commission's recommendation for adoption shall refer expressly to the maps and descriptive and other matter intended by the commission to form the whole or part of the plan, and the action taken shall be recorded on the map and plan and descriptive matter by the identifying signature of the chairperson or secretary of the commission. An attested copy of the proposed plan or part thereof shall be certified to the town council and to the legislative or governing body of any territory affected and after the approval by said body shall be filed with the county clerk and recorder.

(4)

Legal status of official plan. Whenever the town council shall have adopted one (1) or more major sections or districts thereof, no street, square, park or other public way, ground or open space, or public building or structure, publicly or privately owned public building or structure shall be constructed or authorized in the town or in such planned section and district until the location, character and extent thereof shall have been submitted for approval by the commission. In the case of disapproval, the commission shall communicate its reasons to the town council, which shall have the power to overrule such disapproval by a recorded vote of not less than two-thirds (⅔) of its entire membership.

(5)

Publicity - travel - information - entry. The commission shall have the power to promote public interest in and understanding of the plan or any report and to that end may publish and distribute copies of the plan or any report and may employ such other means of publicity and education as it may determine. Members of the commission may attend city planning conferences or meetings of city planning institutes or hearings upon pending town planning legislation, and the commission may incur expenses incidental to such attendance in an amount not to exceed the total funds approved in the current fiscal year budget. The commission shall recommend, from time to time, to the town council and other appropriate public officials, programs for public structures and improvements and for the financing thereof. It shall be part of its duties to consult and advise with public officials and advisors, public utilities companies, civic, educational, professional and other organizations, and with citizens with relation to the protecting and carrying out of the plan. All public officials shall furnish to the commission, upon request, within a reasonable length of time, such available information as it may require for its work. The commission, its members, officers, employees or designated contractors, in the performance of their functions may enter upon any land and make examinations and service and place and maintain necessary marks and monuments thereon. In general, the commission shall have such powers as may be necessary to enable it to fulfill its functions, promote municipal planning or carry out the purposes of this chapter. The planning commission shall constitute the zoning commission and shall have all powers of the zoning commission as herein provided.

(6)

Jurisdiction. The territorial jurisdiction of the commission over the subdivision of land shall include all land located within the legal boundaries of the town; and limited only to control with reference to a major street plan, and not otherwise, shall also include all land lying within three (3) miles of the corporate limits of the town and not located in any other municipality, except that in the case of any such nonmunicipal land lying within five (5) miles of more than one (1) municipality, the jurisdiction of the commission shall terminate at a boundary line equidistant from the respective corporate limits of the town and such other municipality.

(7)

Scope of control. Whenever the commission shall recommend adoption of a major street plan of the territory within the subdivision control or part thereof and the town council has approved and adopted the same, the town clerk shall have filed a certified copy of such plan in the office of the county clerk and recorder, then no plat of a subdivision of land within such territory or part shall be filed or recorded until it shall have been approved by the commission and such approval entered in writing on the plat by the president, chairperson or secretary of the commission.

(Ord. 10-08 §2, 2010)

(Ord. No. 16-11, § 1, 12-7-16; Ord. No. 18-02, § 1, 3-21-18)

(a)

Establishment. A board of adjustment is hereby established, the members of which shall be the members of the town council.

(b)

Officers. The officers of board of adjustment shall be the same as the officers of town council. The town clerk shall serve as secretary of the board of adjustment. The mayor shall preside as chairperson at meetings and shall perform all duties usual and ordinary for the presiding officer of any board or group. The mayor pro tem shall perform the duties of vice chairperson in the absence of the chairperson. The secretary shall keep full and complete minutes and records of all meetings, shall have the custody of all the records of all meetings, shall generally supervise all of the clerical work of the board of adjustment and shall perform the duties usually performed by the secretary of a board or group.

(c)

Powers. The board of adjustment shall have the following powers:

(1)

To hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, decision or determination made by an administrative official or agency based on or made in the enforcement of this chapter. The board shall, by this grant of authority, be specifically authorized to hear and decide appeals of the building inspector, and to hear and decide appeals of the fire district under this chapter, to the extent that the fire district is enforcing the Fire Code, as adopted by the town.

(2)

To hear and decide requests for special exemptions or for interpretations of the district maps or other provisions of this chapter or for decisions upon other special questions upon which the board of adjustment is expressly authorized by this chapter to pass.

(3)

To interpret the provisions of this chapter in such a way as to carry out the intent and purpose of the plan where the street or highway layout on the ground varies from the street or highway layout as shown on the district map.

(4)

Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property, by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation herein adopted would result in peculiar, exceptional and undue hardship on the owner of such property, to authorize a variance from such strict application so as to relieve such difficulties of hardship, provided that such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the zoning plan as embodied in the chapter and district maps, and as more particularly set forth in section 16-67 of this chapter.

(5)

Reserved.

(6)

To allow or disallow the reconstruction, within one (1) year, of a nonconforming building which has been destroyed by fire or other cause to the extent of more than fifty percent (50%) of its replacement value at the time of destruction.

(7)

Where the boundary line of any district divides property which was in a single ownership as of the effective date hereof and continued in single ownership to the time of the appeal, the board of adjustment may permit the use authorized by this chapter on the less restricted portion of such property to an extent to be determined by the board of adjustment.

(8)

Appeals to the board of adjustment may be made by an aggrieved person or by any officer, department, board or bureau of the town affected by the decision of the zoning authority in administering these regulations. Such appeal shall be filed within ten (10) days after the date of the decision by filing with the zoning officer and with the board of adjustment a written notice of appeal specifying the grounds thereof and by paying a filing fee at the time the notice is filed. An appeal stays all proceedings in furtherance of the action appealed unless the officer from whom the appeal is taken certifies to the board of adjustment, after the notice of appeal, that by reason of the facts stated in the certificate of stay, in his or her opinion, such stay would cause imminent peril to life or property.

(d)

Meetings.

(1)

Regular meetings of the board of adjustment shall be held at least once each calendar year or more frequently as required.

(2)

Special meetings shall be held at the call of the chairperson and at such other times as the board of adjustment may determine.

(3)

All meetings shall be open to the public.

(4)

A quorum of the board of adjustment shall consist of four (4) members.

(5)

The members of the board shall attend meetings of the board in person.

(6)

The chairperson, or in his or her absence, the vice chairperson or acting chairperson, may administer oaths and compel the attendance of witnesses.

(7)

The board of adjustment shall keep minutes of its proceedings showing the vote of each member on each question, or if absent or failing to vote, indicating such fact. It shall also keep records of its examinations and other official actions, all of which shall be filed immediately in the offices of the board and shall be a public record.

(8)

The concurring vote of four (4) members of the board shall be necessary to reverse any order, requirement, decision or determination of the building inspector or to decide in favor of an applicant, any matter upon which it is required to pass under the zoning ordinance or to effect any variance herein. An appeal may be taken from any final action of the building inspector to the board of adjustment by any aggrieved person, or by an officer, department or board of the town. Such appeal shall be taken within fifteen (15) days after the date of the final decision of the building inspector by filing with the building inspector and the board of adjustment a notice of appeal specifying the grounds thereof.

(e)

Board of adjustment appeals, variances and interpretations of activities administered by staff related to zoning.

(1)

Appeals.

a.

Any aggrieved person may appeal a final order or decision of the administrator with the board of adjustment where there is an alleged error in the resulting requirement, decision or approval determination appropriate for board of adjustment review. An appeal is made by filing with the administrator a written notice of appeal specifying the reasons for the appeal and the appropriate fee for review. A notice of appeal shall be considered filed with the administrator and the board of adjustment when delivered to the town, and the date and time of filing shall be entered on the notice by the town staff.

b.

An appeal must be made within ten (10) days after the date of the decision or order appealed from.

c.

Whenever an appeal is filed, the administrator shall forthwith transmit to the board of adjustment all records relating to the action appealed from.

d.

An appeal stays all actions by the administrator seeking enforcement of or compliance with the order or decision appealed from, unless the administrator certifies to the board of adjustment the belief that due to the facts contained in the certification, a stay would cause imminent peril to life or property. In that case, proceedings shall not be stayed except by order of the board of adjustment or a court, issued on application of the party seeking the stay, for due cause shown, and after notice to the administrator.

e.

The board of adjustment by a concurring vote of at least four (4) members may reverse or modify the order, requirement, decision or determination appealed from and shall make any order, requirement, decision or determination that in its opinion ought to be made in the case before it. To this end, the board of adjustment shall have all the powers of the officer from whom the appeal is taken.

(2)

Variances.

a.

An application for a variance shall be submitted to the board of adjustment by filing a copy of the application with the administrator meeting the requirements of subsection (j) of this section. Use variances, changes and additions are not subject to review by the board of adjustment.

b.

Notice of the public hearing shall be made in accordance with section 16-102 of this chapter.

c.

A variance may be granted by the board of adjustment by a concurring vote of at least four (4) members if it concludes that strict enforcement of this chapter would result in practical difficulties or unnecessary hardships for the applicant and that, by granting the variance, the spirit of this chapter will be observed, public safety and welfare secured and substantial justice done. It may reach these conclusions if it finds that:

1.

If the applicant complies strictly with the provisions of this chapter, the result is that there is no reasonable use of the property;

2.

The hardship of which the applicant complains is one suffered by the applicant alone and not by neighbors or the general public;

3.

The hardship relates to the applicant's land, rather than personal circumstances;

4.

The hardship is unique and unusual, or nearly so, rather than one shared by many surrounding properties;

5.

The hardship is not the result of the applicant's own actions;

6.

The variance requested is the minimum that will afford relief and the least possible modification of the requirements of this chapter;

7.

The variance will neither result in the extension of a nonconforming situation in violation of section 16-67 of this chapter, nor authorize the initiation of a nonconforming use of land, nor conflict with the goals and policies of the comprehensive plan and the Land Development Code;

8.

For variances relating to floodplains and floodways, the requirements of section 16-146 of this chapter and FEMA must be met.

d.

The board of adjustment may allow or disallow the reconstruction, within one (1) year, of a nonconforming building which has been destroyed by fire or other cause to the extent of more than fifty percent (50%) of its replacement value at the time of destruction upon review of an application for reconstruction.

e.

In granting variances, the board of adjustment may impose such reasonable conditions as will ensure that the use of the property to which the variance applies will be as compatible as practicable with the surrounding properties.

f.

A variance may be issued for an indefinite duration or for a specified duration.

g.

The nature of the variance and any conditions attached to it shall be entered on the face of the application. It may simply note the issuance of the variance and refer to the written record of the variance for further information. All such conditions are enforceable in the same manner as any other applicable requirement of this review process.

h.

Variances shall be limited to the following items:

1.

Minimum area of lot;

2.

Minimum width of lot;

3.

Maximum height of structures and fences;

4.

Minimum front yard setback;

5.

Minimum side yard setback;

6.

Minimum rear yard setback;

7.

Minimum off-street parking requirements; and

8.

Sign setbacks, height, placement of a sign on a lot or building and the maximum size of a sign.

i.

No appeal to the board of adjustment shall be allowed for building use violations; nor shall the board of adjustment consider any variance request for a use not permitted within a zone district. The findings and decisions of the board of adjustment shall be final, subject only to judicial review.

(3)

Map interpretations.

a.

The administrator shall be the preliminary interpreter of the zoning ordinance and map. The board of adjustment is authorized to hear variances and appeals from such preliminary interpretations. The board of adjustment is also authorized to hear appeals on questions of district boundary lines and similar questions. If such questions arise in the context of an appeal from a decision of the administrator, they shall be handled as provided in subparagraph 16-31(g)(1)a.

b.

An application for a zoning map interpretation shall be submitted to the board of adjustment by filing a copy of the application with the administrator. The application shall contain sufficient information to enable the board of adjustment to make the necessary interpretation.

c.

Interpretations of the location of floodway and floodplain boundary lines may be made by the administrator as provided in section 16-146 of this chapter and FEMA, and may be appealed to the board of adjustment.

(4)

Burden of proof in appeals and variances.

a.

When an appeal is taken to the board of adjustment in accordance with this section, the administrator shall have the initial burden of presenting to the board of adjustment sufficient evidence and argument to justify the order or decision under appeal. The burden of presenting evidence and argument to the contrary then shifts to the appellant, who shall also have the burden of persuasion.

b.

The burden of presenting evidence sufficient to allow the board of adjustment to reach any conclusions authorized by this section, as well as the burden of persuasion on relevant issues, remains with the applicant seeking the variance.

(5)

Board of adjustment action on appeals and variances.

a.

The board of adjustment, before deciding requests for appeals or variances, shall hold a public hearing following the applicable procedures of section 16-102 of this chapter.

b.

All motions to reverse, or modify the order, requirement, decision or determination appealed from shall include, to the extent practicable, a statement of the specific reasons or findings of facts that support the motion.

c.

Insofar as practicable, a motion to make an affirmative finding on each of the requirements set forth above shall include a statement of the specific reasons or findings of fact supporting such motion. A motion granting a variance must have the concurrence of at least four (4) members of the board of adjustment to pass.

d.

A motion to deny a variance may be made on the basis that any one (1) or more of the criteria set forth in this section are not satisfied or that the application is incomplete. Insofar as practicable, such a motion shall include a statement of the specific reasons or findings of fact that support it. This motion is adopted as the board of adjustment's decision if supported by a majority of the board's membership present.

(f)

Calendar of cases.

(1)

Each case filed in the proper form with the required data shall be numbered serially, regardless of whether it is an application, appeal or petition, and shall be placed on the secretary's calendar. The calendar numbers shall begin anew on January 1 of each year. (e.g., 89-1, 89-2, etc.)

(2)

As soon as a case receives a calendar number, it shall be put on the secretary's calendar and the applicant or appellant shall be notified of the date when his or her case will be heard, such notice to be by first-class mail, sent to the address given on the application, appeal or petition.

(3)

Any applicant, petitioner or appellant, and any resident or taxpayer of the town who desires to oppose the application, petition or appeal and to be heard at such hearing, may appear in person, by agent or by attorney.

(g)

Final disposition of cases.

(1)

Every decision of the board of adjustment on any case shall be by recorded resolution indicating the findings of the board of adjustment therefor.

(2)

The final disposition of any appeal from the building inspector before the board of adjustment shall be in the form of a resolution, either affirming, reversing or modifying the order, requirement, decision or determination appealed. If a resolution fails to receive four (4) votes in favor of the appellant upon appeal or of the applicant for a variation from the zoning regulations, the action will be deemed equivalent to denial, and a resolution denying such application or appeal shall be formally entered upon the record.

(3)

No application, petition or appeal dismissed or denied can be considered again except (1) on a motion to reconsider the vote; or (2) on a request for a rehearing. No request to grant a rehearing will be entertained unless new evidence is submitted which could not have been, with due diligence, presented at the previous hearing or if the action to deny was made at a meeting of less than all eligible members of the board of adjustment.

(4)

The board of adjustment may, on a motion by any member, review any decision that it has made and may reverse or modify such decision, but no such review shall prejudice the right of any person who has, in good faith, acted thereon before said ruling is reversed or modified.

(h)

Variance application.

(1)

No application for a variance from the course prescribed by the zoning ordinance shall be heard by the board of adjustment except in a specific case or appeal from an order, requirement, decision or determination made by the building inspector upon the grounds that the proposed plan or use is contrary to the provisions of the zoning ordinance.

(2)

No application, appeal or petition previously denied and pertaining to the same requests will be accepted for consideration by the board of adjustment within one (1) year from the date of denial of the prior application.

(3)

The application shall include the following information, and other information that may be requested by the board of adjustment:

a.

A completed application form along with the appropriate fee;

b.

An acceptable sketch map indicating the nature of the variance sought and/or where on the property it will be located;

c.

Adequate proof of ownership; and

d.

A list of property owners to be notified as provided in sections 16-101 and 16-102 of this chapter taken from the current property ownership records at the county assessor's office.

(Ord. 10-08 §2, 2010; Ord. 14-01 §1, 2014)

(Ord. No. 16-11, § 1, 12-7-16; Ord. No. 21-01, § 1, 2-3-21)

(a)

There is hereby established the requirement for building inspection services. It shall be the duty of the building inspector to enforce the provisions of this chapter. Hereafter, it shall be unlawful to erect, construct, reconstruct, structurally alter or modify any building or other structure or to make electrical or plumbing improvements to a structure other than simple repairs without first obtaining from the building inspector a written permit. The building inspector shall not issue any permit unless the plans for the proposed erection, construction, reconstruction, alteration or use fully conform to all zoning regulations then in effect.

(b)

No oversight or dereliction on the part of the building inspector or his or her authorized assistants or on the part of any official or employee of the town or any board shall legalize, authorize or excuse the violation of any of the provisions of this chapter.

(c)

The building inspector shall enforce such regulations as are necessary to maintain the premises and condition of operations to ensure against unnecessary odors, smoke or noise of any permitted use.

(d)

The application for each permit shall give the legal descriptions of the lot or land involved, location and intended use of the proposed building or buildings, the number of housekeeping units the building is designed to accommodate, if any, and such other information as may be required for the enforcement of this chapter. All applications for permits and copies of permits issued shall be kept for ready public reference by the building inspector. The town council shall establish by resolution a reasonable schedule of fees for the issuance of such building permits.

(e)

For all new buildings, before footing inspections and approval thereof, it shall be required that the owner, lessee, builder or contractor locate the property boundaries by placing at the property corners of the building site stakes or other monuments to establish said boundaries. Where uncertainty exists with respect to the boundaries of the various districts as shown on the zoning map, the following rules shall apply:

(1)

In subdivided areas, unless otherwise shown on the maps, the district boundaries are either centerlines of streets, alleys or record lot lines, and where a district boundary line is approximately along a street, alley or record lot line, it shall be construed to be the boundary.

(2)

In unsubdivided areas, the district boundaries, unless otherwise shown on the maps, are street, highway or land survey lines. Where a portion of any district is indicated upon the district map as a strip paralleling a street or highway, the width of the strip, unless given in figures, shall be determined by the use of the scale of the map.

In the event of controversy regarding the location of a district boundary line, the matter shall be referred for decision to the board of adjustment.

(Ord. 10-08 §2, 2010)

(Ord. No. 16-11, § 1, 12-7-16)

(a)

Violations. No land in the town shall be used, or any building or structure erected, constructed, enlarged, altered, maintained, moved or used in violation of this chapter or amendments thereto. The town council, through the town attorney and court of appropriate jurisdiction (which includes the municipal court), may initiate legal action to prevent, abate or remove such unlawful use, maintenance, erection, construction, reconstruction or alteration, in addition to any other remedies provided by law.

(b)

Penalties.

(1)

Any person, firm or corporation, whether as principal, agent, employee or otherwise, who violates any of the provisions of this chapter shall be fined an amount not to exceed the amount set forth in section 1-51 of this code for each such violation, such fine to inure to the town. Each day of the documented existence of any situation held to be a violation shall be deemed an equal and separate offense.

(2)

Any person, firm or corporation who, with respect to any land located within a subdivision, transfers or agrees to sell any land by references to or exhibition of or by use of a plat of a subdivision, before such plat has been approved by the town council and recorded or filed in the office of the county clerk and recorder, shall forfeit and pay a penalty not to exceed the amount set forth in Section 1-51 of this code for each lot or parcel so transferred or sold or agreed to be sold. The description of such lot or parcel by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transactions from such penalties or from the remedies provided in this chapter. The town council may enjoin such transfer, sale or agreement by action for injunction brought in any court of competent jurisdiction or may recover the penalty in any court of competent jurisdiction, including the municipal court. These remedies shall be additional and cumulative to any remedies provided by state statutes.

(c)

Enforcement.

(1)

This chapter shall be enforced by the town as set forth herein in order to address issues, including but not limited to the unlawful erection, construction, altering, occupancy or use of any building or structure, or land in the incorporated area of the town.

(2)

Inspections. The town, through its authorized representatives, after consultation with the town attorney and authority from the court, is hereby empowered to enter and/or inspect any building, structure or tract of land in the town. When a violation is alleged, the town shall compile or cause to be compiled relevant evidence of the alleged violation and take any action authorized by law to correct violations of federal, state or local law.

(3)

Building permits. It shall be unlawful to erect, construct, reconstruct, alter, add to or change the use of any building or other structure, including surface and subsurface structures, or to move a structure from one (1) property to another within the town without first obtaining a building permit from the building inspector or his or her authorized representative.

The building inspector shall not issue any building permit unless the plans for the proposed erection, construction, reconstruction, alteration or use fully conform to all applicable provisions of this chapter and such other ordinances as may be adopted by the town council.

The foregoing paragraphs shall not apply to those agricultural improvements such as fences, corrals, pens, silos, soil erosion dams or other such structures directly connected with a farming or ranching operation, but shall apply to any structure or building intended for temporary use or permanent human habitation and accessory uses related directly thereto.

All building permits shall be issued in conformance with the provisions of this chapter and shall be valid for a period of time not exceeding twelve (12) months from the date issued and the building codes as adopted by the town.

(Ord. 10-08 §2, 2010; Ord. 13-07 §13, 2013)

(Ord. No. 16-11, § 1, 12-7-16)