The purposes of this Title are as follows:

(1)

Regulating the locations, height, bulk, size and type of building and other structures;

(2)

The percentage of lot which may be occupied; the size of lots, courts and other open space;

(3)

The size of illumination, animation and type of signs;

(4)

The density and distribution of population; and

(5)

The location and use of land for residences, trade, industry, recreation or other purposes.

(Prior Code, § 10-9-1)

For purposes of brevity, this Title shall be known as the "Silver Cliff Zoning Ordinance" or "this Title."

(Prior Code, § 10-9-1)

(a)

This Title is necessary, designed and enacted for the purpose of promoting the health, safety, morals and general welfare of the present and future inhabitants of the Town by lessening congestion in the streets and roads; securing safety from disease, fire and other hazards; providing adequate light and air; preventing the overcrowding of land; avoiding undue concentration of population; and facilitating the adequate provision of transportation, communication, power, water, sewage, schools, parks and other public development.

(b)

To the extent the provisions of this Title are the same in substance to provisions in earlier adopted ordinances of the Town, they shall be considered as continuations thereof and not new enactments. Where the provisions of this Title conflict with earlier adopted ordinances, the provisions of this Title shall supersede and replace such provisions.

(Prior Code, § 10-9-2)

(a)

In order to carry out the provisions of this Title, provision hereby is made for the division of the Town into six zoning districts; as follows:

(1)

A-1 Agriculture District.

(2)

R-3 Urban Residential District.

(3)

R-4 Mobile Home Residential District.

(4)

R-4(A) Recreational Vehicle Temporary Lodging District.

(5)

B-1 Business District.

(6)

R-5 Urban Residential with Subsurface Mining.

(b)

The Town is hereby divided into the aforesaid districts as shown on the map entitled "Official Zoning Map of Silver Cliff."

(Prior Code, § 10-9-2)

The location of the zoning districts hereby established are shown on the map entitled "Official Zoning Map of Silver Cliff," dated October 5, 1998, hereby made along with the explanatory matter, thereof, a part of the ordinance codified herein. Said map is on file in the office of the Town Clerk. Unless otherwise specified on the Official Zoning Map, district boundary lines are lot lines; the centerlines of streets, alleys, highways or such lines extended; corporate lines of incorporated areas; natural boundary lines, such as streams; or section lines.

(Prior Code, § 10-9-2)

This Title is authorized by and enacted pursuant to the laws of the State and hereby is declared to be in accordance with all provisions of the same.

(Prior Code, § 10-9-3)

(a)

General procedure. Amendments to this Title shall be in accordance with the laws of the State, with report and recommendations from the Planning Commission to the Board of Trustees required prior to the adoption of any such amendments.

(b)

Special procedure. An application for amendment to this ordinance shall be submitted to the Zoning Enforcement Officer. The Zoning Enforcement Officer shall set a public hearing date and shall publish a notice of said hearing in a newspaper of general circulation at least 30 days prior to the hearing date. For proposed amendments to the Official Zoning Map, the Zoning Enforcement Officer shall place a sign in a conspicuous place on the subject property not less than 30 days prior to the hearing, stating the requested change and the date, time and place of the hearing. After the public hearing, the Zoning Enforcement Officer shall submit a report and recommendations on the proposed amendment to the Board of Trustees. The Board of Trustees shall then proceed with the amendment request as prescribed by law.

(c)

Amendment fee. For proposed amendments to the Official Zoning Map, a filing fee as set forth in the Town's Fee Schedule shall be charged to the petitioner to cover the costs of advertising and processing. In the event the requested amendment is denied by the Board of Trustees, $150.00 shall be returned to the petitioner. Any person who, by reason of his or her poverty, is unable to pay the filing fee in advance may apply to the Board of Trustees for leave to file his or her petition for amendment in forma pauperis. Such application for leave shall be in writing, verified by the petitioner and supported by the affidavits of two credible persons who know the petitioner well, are familiar with his or her circumstances and firmly believe that he or she is unable to pay the filing fee in advance. Upon receipt of the application for leave to file the petition in forma pauperis, the Board of Trustees shall hold a hearing on said application, which hearing may be held at a regular meeting and at which hearing the petitioner must appear for questioning as to his or her income and assets. If the Board of Trustees is satisfied that the petitioner is indigent, it shall accept the petition for filing without the necessity of the petitioner prepaying the filing fee.

(Prior Code, § 10-9-10)

(a)

The provisions of this Title are minimum requirements adopted for the promotion of the public health, safety, morals and general welfare.

(b)

Whenever the requirements of this Title are in conflict with the requirements of any other ordinance, rule, regulation, private covenant or deed restriction, the more restrictive or that imposing the higher standards shall govern.

(Prior Code, § 10-9-10)

(a)

Violation and penalties. Failure to comply with all of the provisions of this Title, unless a variance has been authorized by the Board of Zoning Adjustments, shall constitute a misdemeanor punishable in accordance with the provisions of Section 1-4-20 of this Code.

(b)

Notification. Whenever the Zoning Enforcement Officer finds a violation of any of the provisions of this Title, he or she shall notify the person responsible for the violation in writing and shall order the necessary corrections to be made within a period of two months.

(c)

Complaints. Any person aggrieved by a violation or apparent violation of the provisions of this Title may file a written complaint with the Zoning Enforcement Officer, who shall investigate such complaint and take legal action within five days to have the violation penalized or removed, if such violation is found to exist.

(Prior Code, § 10-9-9)

This Title hereby establishes and shall be enforced by an officer appointed by the Board of Trustees, to be known as the "Zoning Enforcement Officer."

(Prior Code, § 10-9-7)

No building shall be erected, occupied, moved or structurally altered until a building permit therefor has been issued by the Zoning Enforcement Officer. No building permit shall be issued unless the proposal is in full accordance with this Title, except in those instances in which a variance has been granted by the Board of Zoning Adjustments. All applications for building permits shall be accompanied by a drawing showing the location of all improvements in relation to the lot and indicating the height of all structures.

(Prior Code, § 10-9-7)

No new building shall be occupied or used until a certificate of occupancy therefor has been issued by the Zoning Enforcement Officer. Such certificate shall be issued within five days after the Zoning Enforcement Officer has been notified of the building's completion and after a final inspection has been made to determine conformance with the provisions of this Title.

(Prior Code, § 10-9-7)

All building permits, applications records, records of inspection and certificate of occupancy records shall be kept on file in the office of the Zoning Enforcement Officer and shall be available for inspection by the public during business hours.

(Prior Code, § 10-9-7)