This Title 17 of the Leadville Municipal Code shall be known as the "Leadville Zoning Ordinance and Associated Regulations" and is referred to hereinafter as "this title" or as "this ordinance."

(Ord. 99-8 § 1 (part): prior code § 17.01)

This title is enabled and adopted pursuant to Title 31, Article 23; Title 24, Article 67; Title 29, Article 20; and Title 24, Article 68, Colorado Revised Statues, as amended.

(Ord. 99-8 § 1 (part): prior code § 17.02)

This title applies to all private and public land and structures located within the incorporated boundaries of the city and, except as deemed otherwise by the city council, all annexed lands at such time as they are annexed into the corporate limits of the city.

(Ord. 99-8 § 1 (part): prior code § 17.03)

The purpose and intent of this title shall encompass the purpose and intent of the enabling legislation cited in Section 17.04.020 and include but not necessarily be limited to:

A.

Implement the relevant provisions of the Leadville comprehensive plan;

B.

Promote the development of Leadville in a manner that will best promote health, safety, convenience, order, esthetics, prosperity, and general welfare;

C.

Promote safety from fire, floodwaters and other known dangers;

D.

Provide adequate provision for sunlight and clean air quality;

E.

Promote the sound and efficient expenditure of public funds;

F.

Provide for the timely and efficient supply of public utilities and other public services and the orderly, uncongested flow of vehicular and pedestrian traffic;

G.

Protect and preserve the unique historical features, cultural values, scenic views and land use patterns of Leadville while promoting compatible civic design and the safe and attractive arrangement of land use features;

H.

Provide for and promote innovative and mixed-use land developments;

I.

Mitigate the effects of this title on the property rights and development potential of existing property owners;

J.

Promote economic development and the creation of new employment;

K.

Provide for the vesting of property development rights in accordance with state of Colorado law;

L.

Protect Leadville's National Historic Landmark district, ensuring its continuing viability.

(Ord. 99-8 § 1 (part): prior code § 17.04)

The provisions of this title shall be considered the minimum requirements for the protection of the public health, safety, welfare, comfort, convenience and prosperity of the present and future residents within the city. Consequently, this title shall be regarded as remedial and, where appropriate, it shall be construed liberally in order to accomplish its purposes.

Whenever a given element in this title contains provisions regarding the same subject matter as any other element of this title or any other law, statute, regulation, resolution or contract of the city, the state of Colorado or the United States, the more restrictive requirement or the higher, more stringent standard shall apply, unless otherwise specified in this title.

Words in this title used in the present tense may include the future tense, words in the singular shall include the plural, words in the plural shall include the singular, the word "shall" is mandatory and the word "may" is permissive.

(Ord. 99-8 § 1 (part): prior code § 17.05.010)

Should any part, section or provision of this title be declared illegal, unconstitutional or otherwise invalid by any court of competent jurisdiction, such action shall have no bearing upon the validity, application or effect of the remainder of this title.

(Ord. 99-8 § 1 (part): prior code § 17.05.020)

This title is not intended to abrogate, annul, govern over or prevail over any permits or easements issued prior to the effective date of adoption of this title, except as expressly so stated within this title.

(Ord. 99-8 § 1 (part): prior code § 17.05.030)

The zoning provisions and related land use regulations described herein and contained in this title represent the minimum appropriate measure that the elected and appointed officials, staff and consultants of the city believe necessary for the protection of the health, safety and welfare of city residents and the pursuit of other, related purposes listed in Section 17.04.040. However, users of this title, residents, prospective residents and all other persons, agencies and organizations should not presume nor construe that the adoption and implementation of the regulations contained in this title represent any guarantee or assurance of any sort that past, present or future developments within the city shall be free of known, suspected or unknown hazards to their health, safety and welfare or shall be immune from physical or environmental hazards that could prove injurious to buildings, the land upon which such buildings rest or the surface or ground waters in their vicinity.

Sufficiently detailed studies have not been conducted on a parcel-by-parcel basis by or on behalf of the city to provide any such assurances to individual property owners or prospective property owners or residents of the city. The city, its elected and appointed officials, staff and consultants hereby disclaim any liability for conditions that may arise from or in spite of the good-faith preparation, adoption, interpretation and application of the contents of this title.

The climate conditions common to the city combined with the potential existence of various natural and manmade environmental hazards, many of which remain incompletely documented and subject to varying interpretations, strongly suggest that prospective property owners and developers should conduct whatever site-specific tests and studies they believe to be necessary, above and beyond the requirements of this title, to ensure the health, safety, well-being and welfare of the present and future residents of the city. Neither the city nor any of its elected or appointed officials or consultants can or shall be held responsible for the failure of any individuals, agencies, organizations, partnerships or corporations to undertake such additional studies or to conduct such additional tests and to act reasonably and prudently upon the expert interpretation of such studies and tests.

(Ord. 99-8 § 1 (part): prior code § 17.06)

No building or other structure shall be erected, constructed, reconstructed or structurally altered, nor shall any building or land be used for any purpose except in conformity with the regulations prescribed in this title for the zoning district in which such building or land is located. No building or other permit shall be issued by any official of the city so authorized to issue such permits unless the plans for the proposed erection, construction, reconstruction, alteration or use fully conforms to all zoning and building code regulations then in effect in Leadville.

(Ord. 99-8 § 1 (part): prior code § 17.07.010)

Upon the adoption of this title and these zoning regulations, any building or other structure or any tract of land may be used, structurally altered, converted or relocated for any purpose permitted or required by the regulations for the district in which such building or other structure or tract of land is located. Such use, change, extension, structural alteration, conversion or relocation shall be subject to all other regulations set forth or referred to in the regulations for that district and to all other applicable regulations contained within this title.

Upon special conditions, however, the board of adjustment is empowered to grant variances from certain of the provisions contained herein. See Chapter 17.88.

(Ord. 99-8 § 1 (part): prior code § 17.07.020)