HomeMy WebLinkAboutR88-022 Land Use RegulationsV
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Commissioner moved adoption of
the following Resolution.
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 88- Z
IN RE THE MATTER OF AMENDING AND READOPTING THE
ZONING RESOLUTION OF THE COUNTY OF EAGLE,
STATE OF COLORADO, 1979, AS AMENDED, AND THE
SUBDIVISION REGULATIONS OF THE COUNTY OF
EAGLE, STATE OF COLORADO, 1972, AS AMENDED,
AS THE SAME ARE INCORPORATED AND MADE A PART
OF THE EAGLE COUNTY LAND USE REGULATIONS
1982, AS AMENDED
WHEREAS, the Board of County Commissioners of the County of Eagle,
State of Colorado (hereinafter the "Board "), is authorized, pursuant to
State enabling legislation including, but not limited to, Section
30 -28 -101, et se q., C.R.S., to plan for and regulate the use and
development of land in the unincorporated territory of the County of
Eagle, State of Colorado, for the purpose of promoting the health, safety,
convenience, order, prosperity, and welfare of the present and future
inhabitants of the County of Eagle; and
WHEREAS, the Board has adopted such land use regulations including,_
but not limited to, the Zoning Resolution of the County of Eagle, State of
Colorado, 1979, as amended, and the Subdivision Regulations of the County
of Eagle, State of Colorado, 1972, as amended; which land use regulations
have been incorporated into one comprehensive document entitled "Eagle
County Land Use Regulations" (hereinafter the "L.U.R. "), pursuant to
Resolution No. 82 -26; and
WHEREAS, Section 30 -28 -116, C.R.S., and Section 1.16 of the L.U.R., -
respectively, provide that, from time to time, the Board may amend the
number, shape, boundaries, or area of any district, or any regulation of
or within such district, or any other provisions of the County's Zoning
Resolution; and
WHEREAS, Sections 30 -28 -110, 30 -28 -133, and 30 -28 -137,
respectively, C.R.S., and Section 1.16 of the L.U.R., provide for the
adoption and amendment of subdivision regulations by the Board; and
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WHEREAS, in July, 1987, the Eagle County Department of Community
Development, on behalf of the Board, initiated proposed amendments to the
Zoning Resolution of the County of Eagle, State of Colorado, 1979, as
amended, and the Subdivision Regulations of the County of Eagle, State of
Colorado, 1972, as amended, as the same are incorporated in Chapter II of
the L.U.R., and referred such proposed amendments to the Eagle County
Planning Commission for its review and comment; and
WHEREAS, the Eagle County Planning Commission reviewed the proposed
amendments on August 19, 1987 and certified its comments and
recommendations with respect thereto to the Board; and
WHEREAS, after public notice was given pursuant to law, the Board
held a public hearing to consider comments on such proposed amendments on
August 25, 1987, in the Board of County Commissioners' meeting room,
McDonald Building, Eagle, Colorado; and
WHEREAS, the Board, having reviewed all of the evidence, testimony,
statements and exhibits submitted at the public hearing, as well as the
comments and recommendations of the Eagle County Planning Commission and
the Eagle County Department of Community Development, together with the
various studies and land -use plans of the County including the Eagle
County Master Plan, hereby determines that the proposed amendments to the
Zoning Resolution of the County of Eagle, State of Colorado, 1979, as
amended, and the Subdivision Regulations of the County of Eagle, State of
Colorado, 1972, as amended, and consistent therewith, to Chapter II of the
L.U.R., are necessary and proper for the protection of the public health,
safety, welfare and best interest of the County of Eagle, State of
Colorado.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS -
OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the Zoning Resolution of the County of Eagle, State of
Colorado, 1979, as amended, and the Subdivision Regulations of the County
of Eagle, State of Colorado, 1972, as amended, and in conjunction
therewith, Chapter II of the Eagle County Land Use Regulations, are hereby
amended as set forth in Exhibit "A" attached hereto and incorporated
herein by this reference.
THAT, the entirety of the Zoning Resolution of the County of Eagle,
State of Colorado, 1979, as amended, and the Subdivision Regulations of
the County of Eagle, State of Colorado, 1972, as amended, and in
conjunction therewith Chapter II of the L.U.R., as the foregoing are
herein amended, are hereby readopted.
THAT, this amendment and readoption of the Zoning Resolution of the
County of Eagle, State of Colorado, 1979, as amended, and the Subdivision
Regulations of the County of Eagle, State of Colorado, 1972, as amended,
and in conjunction therewith Chapter II of the L.U.R., shall not
constitute nor be construed as a waiver of any violations existing at the
time of adoption of this Resolution.
THAT, Pursuant to Section 30 -28 -114, C.R.S., and Section 1.15.01(1)
of the L.U.R., the Board may provide for the enforcement of the zoning
regulations of the County of Eagle, State of Colorado, by means of
withholding of building permits. It shall be unlawful to erect,
construct, reconstruct, alter or change the use of any building or other
structure within the unincorporated territory covered by such zoning
regulations without obtaining a building permit from the County Building
Inspector. Such Building Inspector shall not issue any permit unless the
plans for the proposed erection, construction, reconstruction, alteration
or use fully conform to all zoning regulations then in effect.
THAT, pursuant to Section 30 -28 -124, C.R.S., and Section 1.15.01(2)
of the L.U.R., 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 regulation in, or of any provisions of, any zoning
regulations of the L.U.R., or any amendments thereto. Any person, firm or
corporation violating any such regulation, provision, or amendment is
guilty of a misdemeanor and upon conviction thereof, shall be punished by
a fine of not more than one hundred dollars ($100.00), or by imprisonment
in the County jail for not more than 10 days, or by both such fine and
imprisonment. Each day during which such illegal erection, construction,
reconstruction, alteration, maintenance, or use continues shall be deemed
a separate offense. In case any building or structure is or is proposed
to be erected, constructed, reconstructed, altered maintained, or used, or
any land is or is proposed to be used, in violation of any such
regulation, then the Board, by and through its county attorney, or any
owner of real estate within the district in which such building, structure
or land is situated, in addition to other remedies provided by law, may
institute an injunction, mandamus, abatement, or other appropriate action
or proceeding to prevent, enjoin, abate, or remove such unlawful erection,
construction, reconstruction, alteration, maintenance, or use.
Further, the Zoning Administrator or his authorized representative
is authorized to enter upon private property for the purpose of
administering the provisions of the L.U.R. The owner of the property
shall give the Zoning Administrator free access after Eagle County has
given reasonable notice for such inspection. If access is denied, the
Zoning Administrator may apply to the District Court of Eagle County for
an order authorizing entry. If a violation shall be found to exist, the
County Building Inspector or his authorized representative shall give
written notice to the violator to correct such violation within thirty
(30) days after the date of such notice. Should the violator fail to
correct the violation within such thirty day period, the Eagle County
Zoning Administrator or his authorized representative may request the
County Sheriff to issue a summons and complaint to the violator requiring
the violator to appear in County Court at a definite time and place to
answer and defend the charge. Notwithstanding the foregoing, the issuance
of a written notice as specified herein shall in no way or manner be
deemed a prerequisite to the institution of any enforcement proceedings;
and provided further, that compliance with such written notice shall not
necessarily be deemed to be a defense to any alleged violation of the
L.U.R. in any court action instituted seeking full compliance therewith,
but evidence of compliance with such order may be introduced as a matter
in mitigation and extenuation.
THAT, pursuant to Section 30 -28 -110, C.R.S., and Section 1.15.02 of
the L.U.R., any subdivider or agent of a subdivider who transfers or sells
land before a final plat for such subdivided land has been approved by the
Board and recorded in the office of the Clerk and Recorder is guilty of a
misdemeanor and, upon conviction thereof, shall be punished by a fine of
not more than five hundred dollars ($500.00) for each parcel or interest
in subdivided land which is sold or offered for sale. Further, the Board
has the power to bring an action to enjoin any subdivider from selling
subdivided land before a final plat for such subdivided land has been
approved by the Board.
THAT, should any section, clause, provision,
this Resolution, including the attached Exhibit, be
competent jurisdiction to be invalid, such decision
validity of this Resolution as a whole or any parts
the part so declared to be invalid. For this purpo
declared to be severable.
sentence or word of
declared by a Court of
shall not affect the
thereof, other than
se, this Resolution is
THAT, this Resolution and the amendments attached hereto as Exhibit
"A" shall be effective immediately upon the execution of this Resolution
by the Board.
THAT, this Resolution is necessary for the public health, safety
and welfare.
MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the
day of i`/`1,1, /q�� , nunc pro tunc to the 25th day of August,
1987.
BY: BY:
Johnnette Phillips
Clerk of the Board of
County Commissioners
4.
a
COUNTY :OF EA E, STATE OF COLORADO
By an roug its
BOA COU Y CO MISSIONERS
Richa d L. G t son,
Donald H. Welch, Commissioner
George Gates, Commissioner
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Commissioner seconded adoption of the
foregoing resolution. The roll having been called, the vote was as
follows:
i
Commissioner Richard L. Gustafson
Commissioner Donald H. Welch
Commissioner George Gates�pf;
This Resolution passed by vote of the
Board of County Commissioners of the County of Eagle, State of Colorado.
EXHIBIT "A"
Amendment to the Land Use Regulations of Eagle County, Section 2.13.03
(1)(h)(3) changed.to read:
"The concurring vote of at least four (4) members of the Board
shall be necessary to decide in favor of a Variance."
