HomeMy WebLinkAboutR85-15 readopting zoning resolutionJ r
Commissioner ,�� „/�� moved adoption
of the following Re'�;olution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 85- /S
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 seq.,
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
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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
WHEREAS, the Eagle County Department of Community
Development, on behalf of the Board, recently initiated a
proposed amendment to Section 2.25.03 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, as the same are incorporated in
Chapter II of the L.U.R.,regarding the hearing dates of the
Board, and referred such proposed amendment to the Eagle County
Planning Commission for its review and comment; and
WHEREAS, the Eagle County Planning Commission
reviewed the proposed amendment on February 6, 1985, 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 amendment on February 12, 1985, 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
amendment 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.,
is necessary and proper for the protection of the public
health, safety, welfare and best interest of the County of
Eagle, State of Colorado.
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s s
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, Section 2.25.03 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 Eagle County Land Use Regulations, are hereby
amended to reflect a change in the hearing dates of the Board
from the second and fourth Wednesday of each respective month
to now read the second and fourth Tuesday,as applicable, of
each respective month.
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
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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
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.
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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, sentence
or word of this Resolution be declared by a Court of competent
jurisdiction to be invalid, such decision shall not affect the
validity of this Resolution as a whole or any parts thereof,
other than the part so declared to be invalid. For this
purpose, this Resolution is declared to be severable.
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
tune February 12, 1985. / day of February, 1985, nunc pro
COUNTY OF EAGLE, STATE OF COLORADO
By and Through its
ATTEST: BOARD OF COUNTY COMMISSIONERS
,iii
By G�� r%r/..a✓�c�c By
C erk o the Board</of
County Commissioners
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Commissioner seconded adoption
of the foregoing resolution. The roll having been called, the
vote was as follows:
Commissioner David E. Mott
Commissioner Richard L. Gustafson
Commissioner Donald H. Welch
This Resolution passed by „ �n vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
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