These regulations are enacted for the purpose of promoting the health, safety, convenience, order, prosperity and welfare of the present and future inhabitants of the City of Idaho Springs, by lessening of congestion in the streets and roads; securing safety from fire and other dangers; providing adequate light and air; classifying land uses and the distribution of land development and utilization; avoiding undue congestion of population; facilitating the adequate provision of transportation, water, schools, sewerage and other public requirements; and by other means in accordance with the Comprehensive Plan and with the zoning maps adopted herewith or hereafter.

(Ord. No. 19, §2(Exh. A), 2019)

The Comprehensive Plan adopted by resolution of the City Council is established as the official policy of the City concerning land uses. The incorporated areas of the City are divided into land use categories consistent with the land use element of the Comprehensive Plan. It is the intent of this Chapter to implement the vision of the Comprehensive Plan.

(Ord. No. 19, §2(Exh. A), 2019)

(A)

These regulations are not intended to interfere with, abrogate or annul any easements, covenants or agreements between other parties; provided, however, that wherever the provisions hereof impose a greater restriction upon the use of buildings or premises or upon the height of buildings, or require larger open spaces than are imposed or required by other provisions of this Code, or other rules, regulations, permits, easements, covenants or agreements, the provisions of this Chapter shall govern.

(B)

As used in this Chapter, the following words shall be interpreted and defined in accordance with the provisions set forth in this Section:

(1)

The particular controls the general.

(2)

The word shall is always mandatory and not directory. The word may is permissive.

(3)

Words used in the singular number include the plural and words in the plural number include the singular, un-less the context clearly indicates the contrary.

(4)

Words used in the present tense include the future, unless the context clearly indicates the contrary.

(Ord. No. 19, §2(Exh. A), 2019)

No building, structure or land shall be used and no building, structure or part thereof shall be erected, constructed, reconstructed, demolished, altered, repaired, moved or structurally altered except in conformance with the regulations herein specified; nor shall any yard, lot or open space be reduced in dimensions or area to less than the minimum requirements set forth herein.

(Ord. No. 19, §2(Exh. A), 2019)

Wherever higher or more restrictive standards are established by the provisions of any other applicable statute or ordinance than are established by the provisions of this Chapter, the provisions of such other statute or ordinance shall govern.

(Ord. No. 19, §2(Exh. A), 2019)

No structure shall be erected or altered, used or occupied until a building permit for such erection or alteration, use or occupancy has been issued by the City. No building permit shall be issued until and unless the City determines that the provisions of this Chapter have been met.

(Ord. No. 19, §2(Exh. A), 2019)

(A)

Unlawful use. It is unlawful for any person to use any building, structure or land, or any part thereof, in violation of any applicable regulation or requirements set forth herein.

(B)

Unlawful construction. It is unlawful for any person to erect, construct, reconstruct, alter, repair, move or structurally alter any building or structure in violation of any applicable regulation or requirement set forth herein.

(C)

Misrepresentation. It is unlawful for any person to make any representation which was false at the time made and known by such person to be false at that time in any application for a building permit or any other application required herein.

(D)

Enforcement. It shall be the duty of the City Administrator to enforce the provisions of this Chapter. Appeals from decisions of the City Administrator may be made to the Variance Board as provided in the variance procedures set forth in Article V of this Chapter.

(E)

Penalty. Any person who violates any provision of this Chapter shall be subject to the general penalty provisions set forth in Section 21-7 of this Code. A separate and distinct offense shall be deemed committed upon each day that a violation is permitted to exist or continue.

(F)

Additional remedies. If any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or if any building, structure or land is used in violation of these regulations, the City or any resident of or owner of land in the City may institute any appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct of business or use in or about such premises. The imposition of any penalty hereunder shall not preclude any proceeding to require compliance with the provisions herein and with administrative orders and determinations made hereunder. In addition, any building or structure erected or premises used in violation of any provision herein is hereby declared to be a nuisance and the same may be abated in such manner as nuisances may be abated under existing law.

(Ord. No. 19, §§2(Exh. A), 3, 2019)

Every authorization and permission, of whatever kind and nature and however obtained, heretofore granted by the City or by any other governmental body, or any department, board, agency, officer or employee thereof, to use or occupy any land or to design, erect, alter, use or occupy any structure in any manner other than in full compliance with all the provisions of this Chapter shall terminate and expire ninety (90) days after the effective date of any ordinance modifying this Chapter. Thereafter, any change in plans, construction or designated use of such land or building for which any such authorization and permission has been previously granted must be made in accordance with a permit issued subsequent to the date of adoption of this Chapter; except, however, that this provision shall not apply to any change in plans, construction or designated use of any building for which any such authorization or permission was granted prior to the adoption of this Chapter where the ground story framework of said building, including the second tier of beams, has been completed prior to the adoption of this Chapter.

(Ord. No. 19, §§2(Exh. A), 3, 2019)

(A)

In addition to and without waiving any other available remedy, the City shall have and may exercise the right to suspend or revoke any permit issued pursuant to this Article when any violation of this Article or the terms or conditions of such permit occurs or continues, including without limitation the failure of the permittee to proceed with development in a designated area or with a designated activity within the times specified in the permit, in accordance with the following:

(1)

Immediate suspension or revocation. The Administrator may immediately suspend a permit when such suspension is necessary to stop or prevent an actual or threatened imminent endangerment to the health or welfare of any person or to the environment, or interference with or damage to City facilities. The permittee shall have the right to a prompt hearing following such termination or suspension as provided below.

(2)

Notice and opportunity for hearing. If the City elects to exercise its right to suspend or revoke a permit issued pursuant to this Article, the Administrator shall notify the permittee in writing of the following, by mail or by personal delivery:

(a)

The alleged violation;

(b)

That the permit will be suspended or revoked on account of such violation on a date not less than thirty (30) days from the date of the notice unless the stated violation is sooner cured;

(c)

That he or she has the right to a hearing before the City Council, at which he or she may be heard concerning the alleged violation; and

(d)

That, if he or she desires a hearing, he or she must request the same in writing before the suspension or revocation date specified in the notice.

(3)

Delivering or mailing the notice to the address given for the permittee on the permit shall constitute delivery thereof to the owner.

(4)

If the permittee does not remedy the stated violation or request a hearing within the time provided, the City shall forthwith order the permit suspended or revoked, as appropriate.

(5)

If the permittee makes a timely request for a hearing, the City Council shall promptly schedule and hold such hearing. The City Council shall issue a written finding and order stating the reasons supporting its decision. Except as provided in Paragraph (A)(1) above, suspension or revocation of the permit shall be stayed until the City Council holds the hearing and renders its decision.

(6)

Execution of order. Any person notified of a suspension or revocation of his or her permit shall immediately cease and desist from any and all actions or undertakings for which the permit was required. The City shall be entitled to exercise such remedies as deemed necessary, including injunctive relief, to enforce the suspension or revocation.

(7)

Grounds for revocation; effect. A permit shall be revoked and not merely suspended if the violation is of such a nature that it or its adverse effects cannot be remedied or reasonably mitigated, or if the permit was suspended at least two (2) times within the preceding five (5) years as a consequence of the acts or omissions of the same permittee. Any permit revoked pursuant to this Section may not be reinstated. The holder of a permit which has been revoked may apply for a new permit pursuant to this Chapter.

(8)

Reinstatement of suspended permit. Any suspension shall be rescinded by the City upon a determination that the violation forming the basis for such suspension has been cured and that no further or other nonconforming conditions or uses by the permittee are evident. The City shall not reinstate a permit until the person requesting reinstatement has paid the full amount of any applicable charges and any amounts expended by the City to cure the violation or enforce the terms of this Chapter or the permit.

(Ord. No. 19, §§2(Exh. A), 3, 2019)

In addition to and without waiving any other available remedy, the City may obtain injunctive relief from or cure any act or omission which violates this Chapter or any permit issued pursuant hereto or which otherwise jeopardizes the property or health of any person, including the City.

(Ord. No. 19, §§2(Exh. A), 3, 2019)

In addition to and without waiving any other available remedy, the City may recover civil damages from any person liable to the City under the laws of the United States or the State as a result of any violation of this Chapter or any permit issued pursuant hereto, or any other unlawful act or omission. Such damages shall include the City's actual costs of discovering, investigating, curing, mitigating and repairing the consequences of such violation or other unlawful acts or omissions.

(Ord. No. 19, §§2(Exh. A), 3, 2019)

(A)

Definitions.

(1)

A nonconforming building shall include any legally existing building which does not conform to the development regulations of this Chapter for the district in which such nonconforming building is located, either at the effective date of this Code or as a result of a subsequent amendment which may be incorporated into this Chapter.

(2)

A nonconforming use shall include any legally existing use, whether within a building or on a tract of land, which does not conform to the use regulations of this Chapter for the district in which such nonconforming use is located, either at the effective date of this Code or as a result of subsequent amendments which may be incorporated into this Chapter.

(B)

Continuation of use. A nonconforming use may be continued and a nonconforming building may continue to be occupied, except as both of the foregoing are otherwise provided for in this Section.

(C)

Change of use. A nonconforming use may be changed only to a conforming use.

(D)

Termination of use. If use of a nonconforming building, other structure or tract of land in such nonconforming manner is discontinued for a period of twelve (12) consecutive calendar months, the building, other structure or tract of land where such nonconforming use previously existed shall thereafter be occupied and used only for a conforming use. Intent to resume active operations without actual resumption shall not affect the foregoing. This regulation may be appealed to the City Administrator or their designee and the time extended for the purpose of obtaining a building permit.

(E)

Restoration. A nonconforming building or a building containing a nonconforming use which has been damaged by fire or other causes may be restored to its original pre-calamity use, provided that such work is started within six (6) months of such calamity and completed within eighteen (18) months of the time the restoration is commenced.

(F)

Enlargement of a building containing a nonconforming use. A building which contains a nonconforming use shall not be enlarged or extended.

(1)

Single family residences and duplexes that were existing in commercial zone districts prior to November 12, 2018 can be replaced, expanded and modified regardless of whether or not their use had been discontinued for more than twelve (12) months. If converted to a conforming use they cannot revert to their nonconforming status.

(2)

Single family attached units that are existing in the Residential-One Zone District prior to November 27, 1995 can be replaced, expanded and modified regardless of whether or not their use had been discontinued for more than twelve (12) months. Additional residential units may not be added.

(G)

Structural changes. Any building or other structure containing a nonconforming use or any nonconforming building or portion thereof declared unsafe by the Building Official may be strengthened or restored to a safe condition.

(Ord. No. 19, §2(Exh. A), 2019)