This Chapter is adopted pursuant to the authority granted to the Town as a Home Rule municipality under Article XX of the Constitution of the State of Colorado, the Town Charter, Article 23, Chapter 31, C.R.S., Section 29-20-101 et seq., CRS and Section 24-65-101 et seq., CRS, to the extent that such state statutes are not inconsistent with this Code, and is hereby declared to be in accordance with all provisions of these statutes, for the purpose of promoting the health, safety, convenience, order, prosperity and welfare of the present and future inhabitants of the Town.

(Ord. 2003-20 §2)

This Chapter is enacted to preserve and promote the public health, safety and welfare of the inhabitants of the Town and of the public generally and to encourage and facilitate the orderly growth and expansion of the Town. This Chapter combines the provisions more commonly found in separate zoning and subdivision ordinances into a single land development code that will cover all phases of development. The intent of the unified approach is to:

(1)

Address the way land development now occurs, that is, in a manner which combines traditional distinctions between zoning and subdivision and which typically contains a variety of residential and nonresidential uses in a single development.

(2)

Provide for a more efficient regulatory control system by including the review processes for all types and stages of development. This results in an integrated set of regulations and standards that participants in the development process need to become familiar with.

(3)

Avoid the overlapping, conflicting or inconsistent ordinance provisions that frequently occur as a result of numerous individual ordinances.

(Ord. 2003-20 §2)

(a)

This Chapter shall apply to all properties within the legal boundaries of the Town.

(b)

With respect to major arterial and collector roadways, this Chapter is applicable within a three-mile radius of the corporate limits of the Town except roadways located in another municipality.

(c)

A copy of a map showing the boundaries of the Town's boundary shall be available to the public in the Community Development Department.

(Ord. 2003-20 §2)

(a)

All site development shall be consistent with the Town's Comprehensive Plan and other applicable Town Master Plans.

(b)

No application for site development shall be approved if not in conformance with the Comprehensive Plan or other Town Plans, and such failure shall be a reasonable ground for denial of the application.

(Ord. 2003-20 §2)

Except as hereinafter otherwise provided:

(1)

Building use. No building or structure shall be used or erected, and no existing building or structure shall be moved, altered, added to or enlarged, nor shall any land, building or premises be used, designated or intended to be used for any purpose or in any manner other than the residential, public, business, commercial and industrial uses hereinafter listed as being permitted in the district in which such building, land or premises is located.

(2)

Site use. No building or structure shall be erected, nor shall any existing building or structure be altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity with the yard, building site area and building location and height regulations hereinafter designated for the district in which such building or open space is located.

(3)

Single site application. No yard frontage or other open space provided about any building for the purpose of complying with provisions of this Chapter shall be considered as providing parking, yard or other open space for any other building, and no yard or other open space on one (1) lot shall be considered as providing a yard, parking or open space for a building on any other lot.

(Ord. 2003-20 §2)

Reasonable fees sufficient to cover the costs of administration, inspection, publication of notice and similar matters may be charged to applicants for zoning permits, conditional use permits, subdivision plat approval, zoning amendments, variances, site plans, and other administrative relief. The amount of the fees charged as shown in Appendix A.

(1)

Procedure for payment. At the time the application for land use approval is first submitted to the Town, and prior to any review, the applicant shall pay to the Town the fee necessary to cover the administrative and review costs for each project requiring review. The Community Development Director may, in his or her sole discretion, waive all or any portion of such fee. The applicant must establish an initial deposit in the account in an amount to be fixed by the Community Development Department, and prior to further processing of the application by the Town. The applicant shall regularly maintain a minimum amount (established by the Community Development Department) in the account and replenish the account as it is drawn upon. Review will be terminated until the account is brought current.

(2)

Return of funds. Within thirty (30) days after final development approval or within thirty (30) days after the applicant has given written notice that it will not proceed with the development, the Town will determine the balance owing to the applicant (that amount deposited over the costs incurred) and return that amount to the applicant's last known address.

(3)

Lien on property. If the Town incurs costs beyond the amount deposited with the Town and the applicant does not pay those costs within thirty (30) days after written notice from the Town, the Town shall be entitled to a lien for those costs on the land being developed, which lien may be perfected and foreclosed or collected in the same manner as provided in Section 31-20-105 or 38-22-101 et seq., C.R.S.

(Ord. 2003-20 §2)

(a)

The permitted uses, basic location and bulk regulations for the various zoning districts are hereby adopted and declared to be parts of this Chapter, and may be amended in the same manner as any other part of this Chapter.

(b)

Control over location and bulk. Subject to the provisions of this Chapter dealing with nonconforming uses and buildings, the location and bulk of all buildings and other structures that are currently existing or hereafter constructed shall after the effective date of the ordinance codified herein be in conformity with:

(1)

All regulations set forth or referred to in the regulations for the district in which such buildings and other structures are located; and

(2)

Any other applicable regulations of this Chapter.

(Ord. 2003-20 §2)

(a)

The Town Council may authorize waivers from the provisions of this Chapter for government and quasi-governmental entities, including the Town. Such waivers may be granted if it is deemed by the Town Council to be in the public interest and does not impair the intent and purposes of this Chapter. The conditions of any waiver authorized shall be stated in writing by the Town Council with the justifications set forth.

(b)

The Town Council, upon its own motion and following the recommendation of the Planning Commission, may consider revisions or amendments to this Chapter after giving public notice of any proposed revision or amendment and after holding a public hearing concerning the proposal. Public hearings before the Planning Commission and Town Council shall be noticed as set forth in Section 4-7-3 of this Chapter. The Council shall adopt any revisions or amendments by ordinance.

(Ord. 2003-20 §2)

(a)

For all site developments, the final approval step, irrespective of its title, which occurs prior to building permit shall be considered the "site specific development plan" for purposes of Article 68 of Title 24, C.R.S.

(b)

In the event an applicant for site development approval wishes said approval to have the effect of creating vested property rights pursuant to Article 68 of Title 24, C.R.S., the applicant must so request, in writing, at least thirty (30) days prior to the date said approval is to be considered. Failure to so request renders the approval not a "site specific development plan," and no vested rights shall be deemed to have been created thereby.

(c)

In the event amendments to a site specific development are proposed and approved, the effective date of such amendments, for purposes of duration of a vested property right, shall be the date of the approval of the original site specific development plan, unless the Town Council specifically finds to the contrary and incorporates such finding in its approval of the amendment.

(d)

The Town Council may revoke a vested property right for failure to abide by the terms and conditions of such vested property right. Prior to taking action to revoke a vested property right, the Town Council shall provide a hearing to the affected landowner and shall provide at least fourteen (14) days' prior written notice mailed to the property address of record in the County Assessor's office as well as provide notice in the same manner as the posting or publishing of ordinances and resolutions.

(e)

Nothing in this Section is intended to create any vested property right, but only to implement the provisions of Article 68 of Title 24, C.R.S. In the event of the repeal of said Article, or a judicial determination that said Article is invalid or unconstitutional, this Section shall be deemed to be repealed, and the provisions hereof no longer effective.

(Ord. 2003-20 §2)

It is hereby declared to be the expressed intent that the provisions of this Chapter shall be severable. If any provision of this Chapter is declared to be invalid by a decision of any court of competent jurisdiction, it is hereby declared to be the intent that:

(1)

The effect of such decision shall be limited to the clause, sentence, paragraph or part of this Chapter that is expressly stated in the decision to be invalid; and

(2)

Such decision shall not affect, impair or nullify this Chapter as a whole or any other part thereof, and the rest of this Chapter shall continue in full force and effect.

(Ord. 2003-20 §2)

In the interpretation and application of the provisions of this Chapter, the following regulations shall govern:

(1)

Provisions are minimum requirements. In their interpretation and application, the provisions of this Chapter shall be regarded as the minimum requirements for the protection of the public health, safety, comfort, convenience, prosperity and welfare of the residents of the Town. These regulations shall be liberally construed to further their underlying purposes.

(2)

Application of overlapping regulations. Whenever both a provision of this Chapter, and any other provisions of this Chapter or any provision in any law, ordinance, resolution, rule or regulation of any kind, contain any restrictions covering any of the same subject matter, whichever regulations are more restrictive or impose higher standards or requirements shall govern.

(3)

Existing permits and private agreements. This Chapter shall not abrogate or annul:

a.

Any permits issued before the effective date of the ordinance codified herein;

b.

Any easement; or

c.

Any previously approved subdivision except as provided herein.

(Ord. 2003-20 §2)

(a)

A maximum of two (2) months will be granted to applicants to resubmit incomplete application packets. Any project that is inactive for six (6) months or more must be resubmitted with new submittal information and fees. Failure to meet this six-month time line will result in applications becoming permanently inactive and the applicants forfeiting their fees.

(b)

Approval by the Town Council or Planning Commission of any site plan or conditional use shall remain in effect for a period of six (6) months. Any approval of an application for which a grading permit or building permit has not been applied for or for which the conditional use has not commenced within six (6) months after approval of the site plan or conditional use application shall be null and void. An extension of time of up to ninety (90) days may be granted by the Community Development Director for good cause. The decision of the Community Development Director is final. If denied, the applicant may resubmit a new application and fees for the same project.

(c)

Upon denial of any site development substantially the same application, as determined by the Community Development Director, may not be resubmitted for a period of six (6) months commencing from the date of denial. The determination of the Community Development Director shall be final.

(d)

Responsibility for complete and proper application submittal shall be that of the applicant. Failure to do so will result in a delay or denial of the application. Furthermore, if any documentation presented to the Community Development Department is found to be fraudulent, the application will be denied or approval revoked.

(Ord. 2003-20 §2; Ord. 2009-18 §1)

(a)

All site development in the Eagle's Nest Development, as annexed to the Town and described in the Table of Zoning Map Amendments at Section 7 of Ordinance 1994-31, shall be reviewed pursuant to the requirements of this Chapter; provided, however, that individual phases of said development, designated as such on the Eagle's Nest Master Plan, a part of the Town's Comprehensive Plan, are permitted to be reviewed on a phased basis through the preliminary plan stage, and as phases, are not required to be reviewed at the final plan stage. Instead, subsequent to preliminary plan approval of a phase of the Eagle's Nest Development, individual, smaller portions of each phase, to be designated as "filings," may be reviewed at the final plat stage only.

(b)

The Design Guidelines for the Eagle's Nest Development (a copy of which is on file with the Community Development Department) shall be relied upon by the Department, the Commission and the Town Council in reviewing the Eagle's Nest Development, except in regard to building height. Building height shall be calculated using the building height definition in Section 4-2-1. Failure to comply with the Design Guidelines shall be an independent ground for denial of any such application, or for revocation of an approval once granted.

(Ord. 2003-20 §2)

All structures, elements, and features of any site plan or site development (including, without limitation, buildings, fences, walls, parking areas, driveways, sidewalks, landscaping, utility lines, and irrigation systems) for which structures, site plans, or site development the owner thereof, or their predecessor in interest, obtained approval from the Town for the construction or establishment, shall be maintained in good repair and in substantially the form, condition, location, and nature which was represented at the time they were approved and constructed. It is the intent of this Section that such structures, elements, and features of site plans and site development, shall not be allowed to deteriorate to a condition which is in any respect inferior to the condition or state upon which the original approval for construction or development was based. For purposes of this Section, the owner of the structure or real property shall be considered the responsible party. Any person convicted in the Municipal Court of a violation of this Section shall be subject to the penalties set forth in Chapter 1, Article I of this Code. The Town, after notice to the property owner, may enter upon the property and correct the condition in the event the owner fails to do so. The cost of such correction may be assessed against the property and collected by the Town in any manner permitted by law.

(Ord. 2025-10, §1)

(a)

All site development within the Town, including single-family housing, shall be required to follow the procedures and satisfy the requirements set out below prior to development. Site development, as used in this Chapter, is a general and inclusive term, and is defined at Section 4-2-1. The developer is required to attend in person or by authorized representative, all meetings at which the project is considered, unless otherwise notified by the Community Development Department. With the exception of the erection of signs (Article IX), the conduct of home occupations (Section 4-4-20) and the conduct of temporary uses and structures (Section 4-4-25), no site development of property may be initiated, the use of property may not be substantially changed, substantial clearing, grading, filling or excavation may not be commenced, and buildings or other substantial structures may not be constructed, erected, moved or substantially altered except in accordance with and pursuant to one (1) or more of the following approvals:

(1)

A property development approval pursuant to Article VI of this Chapter;

(2)

A planned unit development approval pursuant to Article IV of this Chapter;

(3)

A subdivision approval pursuant to Article V of this Chapter;

(4)

A rezoning approval pursuant to Article IV of this Chapter;

(5)

A conditional use permit pursuant to Section 4-4-19.

(b)

All site development must also obtain building and construction permits pursuant to Article XI of this Chapter and comply with all other applicable sections contained within this Chapter and this Code.

(Ord. 2003-20 §2)

(a)

All site developments must be reviewed and approved in accordance with the review process and standards set forth in this Chapter. The following chart establishes the required review steps applicable to different forms of site development. Applicants seeking site development approval should refer to the chart to determine which one (1) or more "APPROVALS REQUESTED" under the left-hand column of the chart applies to the proposed site development. The required stages of review for such approval are shown on the lines to the right. Submission requirements and the specific review process for each stage are set out in detail in the balance of this Chapter under the appropriate headings. Unless otherwise indicated, amendment or modification of prior site development approval shall follow the procedure for review of the original application. Notwithstanding Section 31-23-215, C.R.S., the Planning Commission is not required to act on any application (including subdivisions) until sixty (60) days following the first public meeting or public hearing.

(b)

In the event the Planning Commission or Town department with jurisdiction recommends denial of the application at any stage, the applicant may choose to proceed to the next stage of review or may resubmit the application at the first stage. The Town Council's decision, at any stage in the review process, shall be final. If, in the opinion of the Community Development Department, a submittal at any stage of review is incomplete, the matter shall be removed from the agenda and not further processed until deemed complete.

(c)

The Community Development Department, Planning Commission or Town Council may require, prior to or as a part of any preliminary or final site development review, that the applicant permit a site visit. In the event a site visit is required, the applicant shall provide access to the property sufficient to accommodate the needs of the site visit and shall, upon request by the Community Development Department, stake, flag or otherwise identify on or above the ground those features of the property or the proposed development (for example, wetland boundaries, proposed building envelopes and heights, road alignments) requested.

(d)

The Community Development Department, Public Works Department, Planning Commission or Town Council may require, at any stage of review of any site development, submission of any plan, study, survey or other information, in addition to that specified in this Chapter, and at the applicant's expense, as such body may determine necessary to enable it to review and act upon the application.

(e)

An applicant may request and Community Development Department may schedule at staff's discretion a work session with the Planning Commission and Town Council prior to submitting for a preliminary plan application. The intent of the work session is to advise the applicant of issues related to the specific Code requirements and Comprehensive Plan conformance. No formal approval or disapproval is granted at a work session and comments on a development proposal are nonbinding.

* A Community Meeting shall be held by the applicant prior to the initial Planning Commission hearing on the application. Refer to chart for specific review process description.

* A Community Meeting shall be held by the applicant prior to the initial Planning Commission hearing on the application. Refer to chart for specific review process description.

(Ord. 2009-18 §2; Ord. 2022-07, §1)

Pursuant to the authority conferred by the Town of Silverthorne Town Charter, adopted, April 5 ^th , 1994, there is hereby created a Planning Commission for the Town.

(Ord. 2003-20 §2)

(a)

Qualifications. Each member of the Planning Commission must be a registered elector in the Town for one year prior to appointment, and shall be a bona fide resident of the Town. If any member ceases to reside in the Town, his or her membership shall immediately terminate.

(b)

Compensation. All members shall serve with compensation of twenty-five dollars ($25.00) per meeting.

(c)

Conflict of interest. Should any member of the Planning Commission represent a project for review, or become affiliated with an owner, developer or builder of the project being reviewed, that member shall abstain from any voting and participation on that particular project. Reasons for abstention should be stated prior to any action taken by the Commission.

(Ord. 2003-20 §2; Ord. 2014-11, §1)

(a)

The Planning Commission shall consist of not less than five (5) and no more than nine (9) members appointed by the Town Council. The term of each such appointed member shall be three (3) years or until his or her successor takes office. The Council may appoint alternate members, who shall participate in the absence of regular members.

(b)

Alternate members. Alternate members of the Planning Commission may be appointed by the Town Council. In the event that any regularly appointed member of the Planning Commission is unable to attend a scheduled or official meeting due to illness, absence from the Town, conflict of interest in a matter before the Commission, or other reasonable cause, his or her place may be temporarily taken during such time by an alternate member who shall have full voting prerogatives.

(c)

Terms. Regular members of the Planning Commission shall be appointed by the Council for overlapping terms of three (3) years. Alternate members shall be appointed annually.

(Ord. 2003-20 §2; Ord. 2007-10 §1; Ord. 2014-11, § 2)

(a)

A Planning Commission member may be removed for any reason set forth in the Colorado Revised Statutes as they now exist or may from time to time be amended. A member may be removed for any reason provided for in the ordinances of the Town as they now exist or may from time to time be amended. A member may be removed for inefficiency in performing his or her duties on the Commission, which may be demonstrated, among other things, by consistent or frequent unexcused absences from meetings of the Commission.

(b)

A Planning Commission position shall become vacant whenever a Planning Commission member fails to qualify, dies, resigns, is incapacitated to an extent that it prohibits the commission member from properly performing the duties of the position, is removed by the Council, acting on its sole discretion, or is absent from three (3) consecutive regular Planning Commission meetings without a leave of absence given by a majority vote of the entire Planning Commission. A vacancy shall be established by a vote of the Town Council.

(Ord. 2003-20 §2)

Chair; regular meetings. The Commission shall elect a Chair from among the appointed members and create and fill such other of its offices as it may determine. The term of the Chair shall be one (1) year, with eligibility for reelection. The Commission shall hold at least one (1) regular meeting in each month. The Commission shall adopt rules for transaction of business and shall keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record.

(Ord. 2003-20 §2)

(a)

The Commission shall have all the powers and perform each and all of the duties specified by the Town Charter approved April 5, 1994, together with any other duties or authority which may hereafter be conferred upon it by the laws of the State. The performance of such duties and the exercise of such authority is to be subject to each and all of the limitations expressed in such legislative enactment or enactments.

(b)

Authority and Planning Commission review. It shall prepare and submit to the Council for its approval a comprehensive plan for the physical development of the Town and areas adjacent thereto. All plats of proposed subdivisions shall be submitted to it for recommendations and approval before being presented to the Council for its approval. The Commission shall hold a hearing or hearings as required by Section 4-1-22.

(c)

Special meetings. The Planning Commission may call special meetings to accommodate applicants in a more reasonable time period, special projects and other important topics for review, discussion and/or recommendation, and as alternate hearing dates due to weather conditions or other scheduling difficulties.

(d)

Quorum and vote. No business of the Commission shall be transacted except at a regular or special meeting at which a quorum of the Commission shall be present. A majority based on the regular membership shall constitute a quorum for the transaction of business and shall be three (3) Planning Commission members. In determining if a quorum exists, alternate members shall be included as appropriate. In the absence of a quorum, any convened meeting shall be continued to a date certain and adjourned. Approval of any measure or action requires a majority vote by the voting members present. In the event of a dissenting vote by one (1) or more members of the Commission, a roll call vote shall be recorded in the minutes of the meeting.

(e)

Rules and procedures. The Planning Commission has adopted bylaws for the proper conduct of business. The Planning Commission bylaws and amendments are hereby adopted and made a part of this Chapter.

(f)

Advisory committees. The Planning Commission may, at any time, utilize competent, uninterested experts and advisors to assist the Commission members in rendering a decision. Compensation for any expert or advisor must be approved by the Town Council prior to the employment of such expert or advisor.

(g)

Review and comment.

(1)

Whenever the Planning Commission decides to continue review and/or discussion on a request before it, it may do so during a public meeting without further notice to affected parties or posting of the property, yet with the consent of the applicant. Any continuance shall be to a date and time certain.

(2)

The failure of the Planning Commission to act on any proposal within the specified review period shall be considered by the Town Council as a recommendation for approval of the request submitted for their review. The Commission shall notify the Town Council and the applicant of the disposition of the Commission.

(3)

After review and discussion of the proposal, the Planning Commission shall make one (1) of the following recommendations to the Town Council for its review and action:

a.

Approval of the request, without conditions.

b.

Conditional approval of the request, indicating for the record what conditions should be attached to the proposal.

c.

Disapproval of the request, indicating for the record the reasons for the recommendation of denial.

d.

Continuing the request to a date certain, in order to obtain more information to help clarify or support the request before them.

(Ord. 2003-20 §2; Ord. 2007-10 §2)

The membership of the Board of Adjustment shall be composed of the members of the Town Council. The Mayor shall chair the Board but shall not vote except in the event of a tie.

(Ord. 2003-20 §2)

(a)

The applicant shall submit to the Community Development Department the following information and such other information as may be deemed necessary by the Community Development Department, or the Board of Adjustment:

(1)

A completed application form along with the appropriate fee;

(2)

An acceptable sketch map indicating what the variance and/or where it will be on the affected property;

(3)

Adequate proof of ownership;

(4)

The required fee pursuant to the schedule of fees adopted by the Town Council; and

(5)

An alphabetical list of those property owners to be notified as provided in Article VII of this Chapter taken from the current property ownership records at the County Assessor's office.

(b)

The Community Development Department shall schedule a public hearing before the Board of Adjustment to consider the variance request. Public notice for the hearing shall be given in accordance with Article VII of this Chapter.

(c)

The Board shall approve, conditionally approve or deny the variance request.(d) Public notice shall be given of all hearings to the general public parties in interest.

(e)

At any public hearing, any party may appear in person or by agent or attorney and offer evidence and testimony.

(f)

All evidence and testimony shall be presented publicly. The Board of Adjustment may take judicial notice of facts to the same extent and in the same manner as courts of record and may consider any relevant facts within the personal knowledge of any member of the Board of Adjustment which are stated into the record by such member.

(g)

For each case or matter heard, the Board of Adjustment shall cause a record of its proceedings to be prepared.

(h)

In the event the variance applicant is also seeking a site development approval under Article VI of this Chapter, the public hearing required by this Section may be combined with any other hearing or meeting regarding such other approval process; provided, however, that action by the Board on the variance request be taken separately.

(Ord. 2003-20 §2)

The Board of Adjustment shall have the powers set forth in Section 5.2 of the Charter.

(Ord. 2003-20 §2)

(a)

All appeals to the Board of Adjustment (except for requests for variances) shall be filed with the Town Clerk within thirty (30) days of the decision, order or determination appealed from.

(b)

The Board of Adjustment shall have the power to authorize, upon appeal, variances as permitted by Section 5.2 of the Charter. Any such variance shall be subject to the terms and conditions fixed by the Board of Adjustment, including the imposition of a term of months or years, at the end of which the variance shall expire. Every variance authorized hereunder, unless otherwise provided by the Board of Adjustment shall be personal to the applicant therefore, shall not be transferable and shall not run with the land. No variance shall be authorized unless the Board of Adjustment shall find that all the following conditions exist:

(1)

That owing to exceptional and extraordinary circumstances, literal enforcement of the provisions of this Chapter will result in unnecessary hardship.

(2)

That the circumstances aforesaid were not created by the owner of the property and are not due as a result of general conditions in the zoning district in which the property is located.

(3)

That the development or use of the property for which the variance is sought, if limited by a literal enforcement of the provisions of this Chapter, cannot yield a reasonable return in service, use or income as compared to adjacent and conforming properties on the same zoning district.

(4)

That the variance will not substantially or permanently injure the appropriate use of adjacent and conforming properties in the same zoning district.

(5)

That the variance will not alter the essential character of the zoning district in which is located the property for which the variance is sought.

(6)

That the variance will not weaken the general purpose of this Chapter or the regulations herein established for the specific zoning district.

(7)

That the variance will be in harmony with the spirit and purpose of this Chapter.

(8)

That the variance will not adversely affect the public health, safety or welfare.

(c)

The concurring vote of four (4) members of the Board of Adjustment shall be required to grant any variance or to reverse any order, requirement, decision or determination of any administrative official.

(Ord. 2003-20 §2)

For the purpose of exercising the powers herein enumerated, the Mayor, acting as the ex officio Chair or, in his or her absence, the Mayor Pro Tem, acting as the ex officio Vice Chair, shall administer oaths to or accept affirmations from witnesses and may compel the attendance of witnesses. A failure or a refusal to appear in response to a subpoena issued by the Board of Adjustment shall constitute a violation of this Section.

(Ord. 2003-20 §2)

Every decision of the Board of Adjustment shall be based upon findings of fact. The enumerated conditions required to exist on any matter upon which the Board of Adjustment is required to pass under this Division or to approve any variance shall be construed as limitations on the power of the Board of Adjustment to act.

(Ord. 2003-20 §2)

(a)

It shall be unlawful to erect, construct, reconstruct, alter, maintain or use any building or structure or to use any land in violation of any provisions of this Chapter and any amendment thereof. Any person, either as owner, lessee, occupant or otherwise, who violates any of the provisions of this Chapter or any amendment thereof or who interferes in any manner with any person in the performance of a right or duty granted or imposed upon him or her by the provisions of this Chapter shall be guilty of a violation of this Chapter. Each day a violation shall continue to occur shall constitute a separate offense. Multiple offenses may be charged on a single municipal court complaint.

(b)

Any contractor, builder or tradesperson holding a Town business license who violates any provision of this Chapter while engaged in work for which such license was issued shall, upon conviction thereof and in addition to the penalties set forth in Chapter 1, Article I of this Code, have his or her license revoked or suspended.

(c)

Whenever in any section of this Chapter, the doing of any act is required, prohibited or declared to be unlawful and no definite fine or penalty is provided for a violation thereof, any person who shall be convicted of a violation of any such section shall be subject to such penalties as are provided in Chapter 1, Article I of this Code.

(Ord. 2003-20 §2)

(a)

This Chapter shall be enforced by the Community Development Department and its authorized representatives. The Community Development Department shall consult with the Town Attorney and Building Department and other affected Town offices concerned with, but not limited to, the unlawful erection, construction, altering, occupancy or use of any building or structure, or land in the incorporated area of the Town. The Community Development Department shall also consult with the Summit County Health Department on matters involving health and sanitation.

(b)

Inspections. The Community Development Department and its authorized representatives, are hereby empowered to enter and/or inspect any building, structure or tract of land in the Town. When a violation is alleged, the Community Development Department shall compile or cause to be compiled relevant evidence of the alleged violation and take any action authorized by law to correct violations of federal, state or local law.

(c)

Building permits. It shall be unlawful to erect, construct, reconstruct, alter, add to or change the use of any building or other structure, including surface and sub-surface structures, or to move a structure from one property to another within the Town without first obtaining a building permit from the Building Department.

(d)

The Building Department shall not issue any building permit unless the plans for the proposed erection, construction, reconstruction, alteration or use fully conforms to all applicable provisions of this Chapter and such other ordinances as may be adopted by the Town Council.

(e)

No site development shall be approved by the Town Council unless all delinquent taxes and special assessments thereon have been paid, and unless such property is classified in the appropriate zoning district as defined in this Chapter.

(Ord. 2003-20 §2)

(a)

Violations. It shall be unlawful and a violation of this Chapter for any person, firm or corporation to:

(1)

Erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building, structure or land in the Town, or cause the same to be done, contrary to or in violation of any of the provisions of this Chapter.

(2)

Erect, construct, reconstruct, alter or remodel any building, structure or improvements of land within the incorporated territory of the Town without obtaining a building permit from the Building Inspector. The inspector shall not issue any permit unless the plans for the proposed erection, construction, reconstruction, alteration or use fully conform to this Chapter.

(3)

Create, expand, replace or change a nonconforming use, structure or sign except in conformity with this Chapter.

(4)

Continue a nonconforming activity beyond the period allowed by this Chapter.

(5)

Engage in any development, use, construction, remodeling or other activity of any nature in any way inconsistent with the terms and conditions of any permit, approval, or other form of authorization required to engage in such activity.

(b)

Remedies. The Town shall have the following remedies and powers, individually and cumulatively, to enforce this Chapter:

(1)

Civil remedies:

a.

Deny/withhold permits

b.

Stop work order

c.

Abatement

d.

Injunction

e.

Mandamus

f.

Revoke approvals/permits

(2)

Criminal remedies:

a.

Summons/Complaint in Municipal Court.

(Ord. 2003-20 §2)

This Chapter is related to zoning and does not repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those repealed herein. Where this Chapter imposes a greater restriction upon land, buildings or structures than that imposed or required by such existing provisions of law or ordinance, the provisions of this Chapter shall control.

(Ord. 2003-20 §2)

All applications for site development initiated on and after December 10, 2003, shall be reviewed pursuant to the review process and standards set forth in this Chapter, as adopted by Ordinance Numbers 8, 9 and 20, Series 2003, and effective on that date. All applications for site development submitted for review and deemed complete by the Director of Community Development prior to December 10, 2003, shall be reviewed pursuant to the process and under the criteria set forth in applicable portions of this Chapter in force prior to that date. Such prior regulations are continued in force and effect for that limited purpose only. Upon approval or denial of all such remaining applications, the prior regulations shall be deemed repealed. In no event shall any resubmission of an application after its rejection or any application filed after December 10, 2003 be reviewed under any such prior regulations.

(Ord. 2003-20 §2)

CHAPTER 4
Community Development