Amendments to this Chapter shall be in accordance with state law, which requires the following action before adoption of any such amendment.

(1)

Study and recommendation of the proposed amendment by the Planning Commission.

(2)

Completion of a public hearing before the Board of Trustees after at least 15 days' notice of the time and place of such hearing has been given by at least one publication in a newspaper of general circulation within the Town or by posting at three public areas within the Town.

(Prior Code, § 6-15; Ord. No. 2016-4, § 1, 8-29-2016)

Before submitting a report and recommendation on any proposed amendment to this Chapter as required in Paragraph 16-19-10(1) above, the Planning Commission shall hold a public hearing on the proposed amendment with the following special conditions required:

(1)

A notice of said hearing shall be published once in a newspaper of general circulation within the Town or posted at three public areas in the Town at least 15 days prior to the hearing date, which notice may be concurrent with that required to be given by the Board of Trustees of its hearing.

(2)

For proposed amendments to the Zoning Map, a written notice of said hearing shall be sent by first-class mail, at least 15 days prior to the hearing date, to property owners within the area in question and within 300 feet of the area in question. The names of such owners shall be provided by the applicant.

(3)

For proposed amendments to the Zoning Map, a fee as set forth in the Town Fee Schedule shall be charged. The Town may also charge such additional costs as may be appropriate, including costs of mailing, costs of amending the map and such other costs as may be incurred by the Town which are directly attributable to the requested change of zoning.

(Prior Code, § 6-15; Ord. No. 2016-4, § 1, 8-29-2016)

It is unlawful to erect, construct, reconstruct, alter or change the use of any building or other structure within the Town limits without obtaining a building permit from the Town, and such permit shall not be issued unless the plans of and for the proposed erection, construction, reconstruction, alteration or use fully conform to the zoning and building code regulations then in effect, and unless plans are submitted to the Town pursuant to such regulations. All such submitted plans may be disposed of by the Town 180 days after issuance of a certificate of occupancy. For all building permits required, a fee established by the Town shall be charged, except that the following construction shall be exempt from paying a building permit fee:

(1)

All remodeling which does not extend the floor area of the building or alter walls or structural support of the building.

(2)

All construction with a total value of less than $50.00.

(3)

Accessory buildings of 100 square feet or less and anchored.

(Prior Code, § 6-16A; Ord. No. 2016-4, § 1, 8-29-2016)

All fireplaces, wood or coal stoves or changes or modifications in the heating, air conditioning, plumbing or electrical system shall be done only after a permit is issued. A certificate of occupancy or completion shall only be issued after a final inspection has been completed.

(Prior Code, § 6-16B; Ord. No. 2016-4, § 1, 8-29-2016)

In their interpretation and application, the provisions of this Article shall be held to be minimum requirements adopted for the promotion of the public health, safety and welfare. Whenever the requirements of this Article are at variance with the requirements of other lawfully adopted rules, regulations or ordinances, the more restrictive or that imposing the higher standard shall govern.

(Prior Code, § 6-17; Ord. No. 2016-4, § 1, 8-29-2016)

A person aggrieved by a decision of the Town as a result of the regulations and requirements contained in this Chapter may appeal such decision to the District Court, pursuant to the Colorado Rules of Civil Procedure. It shall, however, be a prerequisite to filing an appeal with the District Court that such aggrieved person file with the Board of Trustees a written request for reconsideration, setting forth the following:

(1)

The section of this Chapter by which the applicant believes he or she is aggrieved.

(2)

A statement setting forth the acts of the governing body which the applicant believes are inappropriate or do not comply with this Chapter or other law.

This Section shall not apply to an appeal from the Board of Adjustments, as such procedures are provided by state statute.

(Prior Code, § 6-19; Ord. No. 2016-4, § 1, 8-29-2016)

(a)

Background. The existing Zoning Map which was adopted in February 1972 may be amended, changed, modified or repealed. In case, however, of a protest against a zoning change, Sections 31-23-304 and 31-23-305, C.R.S., state that a zone change will not be effective if there is opposition from:

(1)

The property owners of 20 percent or more of the area of lots included in such proposed change.

(2)

Those immediately adjacent in the rear extending 100 feet, or of those directly opposite extending 100 feet from the street frontage of opposite lots.

Therefore, an amendment to the Zoning Map shall not be effective if there is opposition, as described above, unless there is a favorable vote of two-thirds of the Board of Trustees.

(b)

Rezoning procedures.

(1)

Applicants for a rezoning shall make a formal presentation before the Planning Commission as stipulated in this Section. This presentation should thoroughly describe the intent, legal location and size of the proposed rezoning.

(2)

Before the Planning Commission submits its report and recommendations to the Board of Trustees, the Planning Commission shall hold a public hearing. A written notice of said hearing shall be sent by certified mail at least 15 days prior to the hearing date to property owners within 300 feet of the area in question. Names of such owners shall be supplied by the applicant. A notice of said hearing shall be published once in a newspaper of general circulation within the Town or posted at three public areas in the Town at least 15 days prior to the hearing date.

(3)

The Board of Trustees shall review the Planning Commission report and recommendations and hold a public hearing on the proposed amendment. The hearing notice may be concurrent with the Planning Commission hearing. The Board of Trustees shall thereafter render a decision on the proposed amendment.

(c)

Fees. A fee shall be charged to cover advertising and processing costs for proposed zoning amendments. A fee shall be charged for all other proposed amendments. Said fees are set forth in the Town Fee Schedule.

(Prior Code, § 6-19; Ord. No. 2016-4, § 1, 8-29-2016)

Mobile homes, camper trailers, motor vehicles or any living facility which is capable of being moved is not permitted in any zoning district, either on public or private property, except in compliance with Section 8-2-10 of this Code, and for no more than two weeks in any calendar year.

(Ord. No. 2016-4, § 1, 8-29-2016)