(a)

The Mayor or Mayor's designee shall be the Administrative Official authorized and empowered to administer and enforce this Title. Code Enforcement Officers employed by the City and assigned to the Pueblo Police Department or the Department of Planning and Community Development are appointed law enforcement officers of the City with the authority to issue notices of violation, orders to cease and desist, and summonses and complaints for violations of this Title. Code Enforcement Officers shall act under the direction and supervision of the director of their respective Departments and shall be specifically trained with respect to the type of activity which is prohibited by, and which constitutes a violation of this Title.

(b)

If the Administrative Official or a Code Enforcement Officer has reasonable grounds to believe that any of the provisions of this Title are being or have been violated, he or she may:

(1)

Issue a summons and complaint to the person responsible for such violations without first issuing any notice or order;

(2)

Issue to the person responsible for such violations a notice of violation and an order to cease and desist, indicating the nature of the violation and ordering the action necessary to correct it, including discontinuance of illegal use of land, buildings or structures, removal of illegal buildings or structures or of illegal additions, alterations or structural changes, and discontinuance of any illegal work being done. If the person responsible for the violation fails, neglects or refuses to comply with the order to cease and desist within the time specified in the order, the Administrative Official or his or her designee or a Code Enforcement Officer may issue a summons and complaint to the person responsible for the underlying violation of this Title and for failure to comply with the order; or

(3)

Take any other action authorized by this Article or by Chapter 7 of this Title to ensure compliance with this Title or to prevent violation of its provisions.

(1957 Code, App. A §9(1); Ord. No. 3599 §1, 8-14-72; Ord. No. 6325, 6-22-98; Ord. No. 6808 §1, 4-22-02; Ord. No. 8276 §1, 10-25-10; Ord. No. 9296 §1, 6-11-18)

No building or other structure shall be erected, moved, added to or altered without a certificate of zoning compliance with the provisions of this Title having been first issued by the Administrative Official. No certificate of zoning compliance shall be issued by the Administrative Official except in conformity with the provisions of this Title unless he or she receives a written order from the Zoning Board of Appeals in the form of an administrative review, special exception or variance as provided by this Title.

(1957 Code, App. A, §9(2); Ord. No. 3599, §2, 8-14-72)

No building permit shall be issued by any official of the City under Title IV of this Code until the Administrative Official shall first issue a certificate of zoning compliance therefor.

(1957 Code, App. A, §9(3), Ord. No. 3599, §3, 8-14-72)

(a)

It shall be unlawful to use, occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, enacted, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued therefor by the Administrative Official stating that the proposed use of the building or land conforms to the requirements of this Title.

(b)

No nonconforming structure or use shall be maintained, renewed, changed or extended until a certificate of zoning compliance shall have been issued by the Administrative Official. The certificate of zoning compliance shall state specifically wherein the nonconforming use differs from the provisions of this Title, provided that, upon enactment or amendment of this Title, owners or occupants of nonconforming uses or structures shall have three (3) months to apply for certificates of zoning compliance. Failure to make such application within three (3) months shall be presumptive evidence that the property was in conforming use at the time of such enactment or amendment.

(c)

No permit for erection, alteration, moving or repair of any building shall be issued until an application has been made for a certificate of zoning compliance, and the certificate shall be issued in conformity with the provisions of this Title upon completion of the work.

(d)

A temporary certificate of zoning compliance may be issued by the Administrative Official for a period not exceeding six (6) months during alterations or partial occupancy of a building pending its completion, provided that such temporary certificate may include such conditions and safeguards as will protect the safety of the occupants and the public.

(e)

The Administrative Official shall maintain a record of all certificates of zoning compliance, and a copy shall be furnished upon request to any person.

(f)

Failure to obtain a certificate of zoning compliance shall be a violation of this Code.

(1957 Code, App. A, §9(4))

Certificates of zoning compliance issued on the basis of plans and applications approved by the Administrative Official authorize only the use, arrangement and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Use, arrangement or construction at variance with that authorized shall be deemed a violation of this Code.

(1957 Code, App. A, §9(6); Ord. No. 3599, §5, 8-14-72)

(a)

The Zoning Board of Appeals shall adopt written rules necessary to the conduct of its affairs and in keeping with the provisions of this Title. Meetings shall be held at the call of the chairman and at such other times as the Board may determine. The chairman, or in his or her absence, the acting chairman, may administer oaths and compel the attendance or witnesses. All meetings shall be open to the public.

(b)

The Zoning Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations, its specific findings of facts in each case, and other official actions, all of which shall be a public record and be immediately filed in the office of the Board.

(1957 Code, App. A, §10(1))

(a)

Appeals to the Zoning Board of Appeals concerning interpretation or administration of this Title may be taken by any person aggrieved or by an officer or bureau of the governing body of the City affected by any decision of the Administrative Official. Such appeal shall be taken within a reasonable time, not to exceed thirty (30) days, by filing with the Administrative Official and with the Zoning Board of Appeals a notice of appeal specifying the grounds thereof. The Administrative Official shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.

(b)

The Zoning Board of Appeals shall fix a reasonable time for the hearing of appeal, give fifteen (15) days' public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or attorney.

(1957 Code, App. A, §10(2))

An appeal stays all proceedings in furtherance of the action appealed from, unless the Administrative Official from whom the appeal is taken certifies to the Zoning Board of Appeals after the notice of appeal is filed with him or her, that by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life and property. In such case proceedings shall not be stayed other than by a restraining order which may be granted by the Board or by a court of record on application, on notice to the Administrative Official from whom the appeal is taken and on due cause shown.

(1957 Code, App. A, §10(3))

The Zoning Board of Appeals shall have power to hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Administrative Official in the enforcement of this Title.

(1957 Code, App. A, §11(1))

The Zoning Board of Appeals shall have power to hear and authorize, authorize with such conditions and safeguards as are appropriate or deny issuance of limited use permits. At any time during the term of a limited use permit, the Zoning Board of Appeals, upon notice and hearing to the permittee, may revoke such permit if it is determined that the use is adverse or detrimental to adjoining properties or to the surrounding area. In making such determination, the Zoning Board of Appeals may consider the effect on adjoining properties or properties in the surrounding area of such factors as pedestrians and vehicular traffic, ingress and egress to the property, and proximity of the limited permit use to nearby residential properties. The following shall apply to authorizing and holding a limited use permit:

(1)

All standards, requirements and procedures set forth hereafter for uses by review shall also apply to issuance and renewal of limited use permits.

(2)

Limited use permits provided for in this Subsection shall not run with the land and shall not be transferable to any person other than the named permittee.

(3)

Vacancy or nonuse of the premises for the limited permit use for a period of one (1) year shall be deemed prima facie proof of abandonment.

(1957 Code, App. A, §11(2); Ord. No. 3522, §9, 1-24-72; Ord. No. 8245 §3, 7-26-10; Ord. No. 8489 §4, 6-11-12; Ord. No. 8933 §14, 11-23-15; Ord. No. 9482 §6, 6-10-19)

The Zoning Board of Appeals shall have power to hear and decide only such uses by review as the Zoning Board of Appeals is specifically authorized to pass upon by the terms of this Title; to decide such questions as are involved in determining whether uses by review should be granted; and to grant uses by review with such conditions and safeguards as are appropriate hereunder, or to deny uses by review when not in harmony with the purpose or intent hereof. A use by review shall not be granted by the Zoning Board of Appeals unless and until:

(1)

A written application for a use by review is submitted indicating the section of this Title under which the use by review is sought and stating the grounds on which it is requested.

(2)

Notice of such hearing shall be mailed, posted and published at least ten (10) days in advance of public hearing. Notice of such hearing shall be posted on the property for which the use by review is sought and shall be mailed to the owner of such property and to the owners of real property lying within one hundred (100) feet of the exterior boundaries of such property by first class mail, with postage prepaid. The word owner, as used in this Section, shall be construed to mean persons who are shown to be the record owners of the properties upon the records of the County Assessor. The purchaser under a bona fide recorded contract of purchase shall be considered the owner for the purposes hereof. A copy of such notice shall be published as provided by the Charter. Proof of compliance with this Section shall be by the written statement of the Administrative Official giving the names and addresses of the persons to whom the notice was mailed and the date of mailing, a statement that the required sign was posted upon such property, and the publisher's affidavit of publication. Such proof shall be filed with, and shall become a part of, the record of the Zoning Board of Appeals.

(3)

The public hearing shall be held. Any party may appear in person or by agent or attorney.

(4)

The Zoning Board of Appeals shall make a finding that it is empowered under the section of this Title described in the application to grant the use by review, and that the granting of the use by review will not adversely affect the public interest.

(5)

Before any use by review shall be permitted, the Board shall make written findings certifying compliance with these specific rules governing individual uses by review and that satisfactory provision and arrangement has been made concerning the following, where applicable:

a.

Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe.

b.

Off-street parking and loading areas where required, with particular attention to the items in Subparagraph a above and the economic noise, glare or odor effects of the use by review on adjoining properties and properties generally in the district.

c.

Refuse and service areas, with particular reference to the items in Subsections a and b above.

d.

Utilities, with reference to the location's availability and compatibility.

e.

Screening and buffering with reference to type, dimensions and character.

f.

Signs, if any, and proposed exterior lighting with reference to glare, traffic, safety, economic effect and compatibility and harmony with properties in the district.

g.

Required yards and other open space.

h.

General compatibility with adjacent properties and other property in the district.

(1957 Code, App. A, §11(3); Ord. No. 4828, 12-22-80)

The Zoning Board of Appeals shall have power to authorize upon appeal in specific cases such variance from the terms of this Title as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Title would result in unnecessary hardship. A variance from the terms of this Title shall not be granted by the Zoning Board of Appeals unless and until:

(1)

A written application for a variance is submitted containing the following:

a.

The applicant's name and address and the name and address of any person, firm or corporation represented by such applicant in the application.

b.

The interest of the applicant and the interest of the person, firm or corporation represented by the applicant, be it legal, sales, development, operation or other interest.

c.

The nature of the variance, the street address and a legal description of the property for which the variance is requested.

d.

A statement of the facts which the applicant believes justify the variance.

e.

A site plan to scale showing the dimensions of the property and the location of improvements with respect to property lines, for which the variance is requested.

(2)

Notice of public hearing shall be given as in Section 17-5-33(2) above.

(3)

The public hearing shall be held. Any party may appear in person or by agent or attorney.

(4)

Conditions required for variance. Before the Zoning Board of Appeals may grant a variance it shall find, in writing, based upon appropriate evidence and testimony, that all of the following conditions exist:

a.

The granting of a variance will not: reduce the required light and air to adjacent properties; constitute a nuisance to the properties within one hundred (100) feet of the property for which the variance is requested; or substantially reduce the monetary value of properties within one hundred (100) feet of the property for which the variance is requested.

b.

The general planning of the City with respect to land use, density of use and the location of streets and highways will not be jeopardized.

c.

Strict adherence to this Title would not secure appropriate development of the property for which the variance is requested.

d.

The property for which the variance is requested suffers a unique or singular disadvantage, not common to other property in the district, through the operation of this Title.

(5)

The nonconforming use of neighboring lands, structures or buildings, in the same district, and permitted or nonconforming use of lands, structures or buildings in other districts shall not be considered grounds for the issuance of a variance.

(6)

Under no circumstances shall the Zoning Board of Appeals grant a variance to allow a use not permissible under the terms of this Title in the district involved, or any use expressly or by implication prohibited by the terms of this Title in said district.

(7)

In granting any variance, the Zoning Board of Appeals may prescribe appropriate conditions and safeguards in conformity with this Title. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Code.

(8)

Time limit. Any variance or use by review or building permit granted by the Zoning Board of Appeals shall not be personal to the applicant, but shall be transferable and shall run with the land, except that any variance, use by review or building permit granted must be exercised in full within not more than one (1) year from the date of granting such variance, or use by review, or building permit unless application for renewal is made to and approved by the Zoning Board of Appeals sixty (60) days prior to the expiration date; otherwise, the variance, use by review or building permit so granted shall become null and void and the parcel of land shall thereafter be subject to all applicable regulations of this Title. The discontinuance or nonuse of any variance, use by review or building permit granted by the Zoning Board of Appeals hereunder for a period of one (1) year shall terminate the right to such variance, use by review or building permit.

(1957 Code, App. A, §11(4); Ord. No. 9469 §10, 5-28-19)

(a)

In exercising the above-mentioned powers, the Zoning Board of Appeals may, so long as such action is in conformity with the terms of this Title, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have the powers of the Administrative Official from whom the appeal is taken.

(b)

The concurring vote of three (3) members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Administrative Official, to decide in favor of the applicant on any matter upon which it is required to pass under this Title, to effect any variation or to grant any use by review in the application of this Title.

(c)

The Board shall not have authority to consider any application under this Chapter within twelve (12) months of denial of any application for the same or a substantially similar request.

(1957 Code, App. A, §11(5); Ord. No. 3248, 1-13-69; Ord. No. 6303 §2, 4-13-98)

Any person, firm, or corporation, or any Board, taxpayer, department, or bureau of the City aggrieved by any decision of the Zoning Board of Appeals may seek review by a court of record of such decision, in the manner provided by Rule 106 of the Colorado Rules of Civil Procedure. A petition for such review shall be filed within twenty-eight (28) days after final action of the Zoning Board of Appeals. It shall not be a condition precedent to judicial review that the Board reconsider its decision.

(1957 Code, App. A, §12; Ord. No. 10152 §8, 4-11-22)

(a)

All questions of interpretation and enforcement shall be first presented to the Administrative Official. Such questions shall be presented to the Zoning Board of Appeals only on appeal from the decision of the Administrative Official. Recourse from the decisions of the Zoning Board of Appeals shall be to the courts as provided by Rule 106 of the Colorado Rules of Civil Procedure. All such review shall be filed within twenty-eight (28) days after final action of the Zoning Board of Appeals.

(b)

The duties of the City Council in connection with this Title shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this Section. Under this Title, the City Council shall have only the duties (1) of considering and adopting or rejecting proposed amendments or the repeal of this Title, as provided by law, and (2) of establishing a schedule of fees and charges as stated in Section 17-5-38 below.

(1957 Code, App. A, §13; Ord. No. 10152 §9, 4-11-22)

(a)

The City Council shall by resolution establish a schedule of fees, charges and expenses and a collection procedure for building permits, certificates of zoning compliance, appeals, amendments and other matters pertaining to this Title. The schedule of fees shall be posted in the office of the Administrative Official, and may be altered or amended only by resolution of the City Council.

(b)

Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.

(1957 Code, App. A, §14)

Editor's Note: Sections 17-5-51 through 17-5-55 were repealed by Ord. No. 8078 §3, passed and approved 9-28-09.