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R85-51 amending zoning resolutionCommissioner G-U->t �J ) moved adoption of the following Resolutio BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE. STATE OF COLORADO RESOLUTION NO. 85- c5) 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 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, in April, 1985. 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 7, 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 amendments on August 27, 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 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 -2- 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, -3- 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. Notwith- standing 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, sentence or word of this Resolution, including the attached Exhibit, 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 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 Commissioners of the County o£ Eagle, r meeting held the o-Zrj day of the Board of County State of Colorado, at its August, 1985. COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF'COUNTY COMMISSIONERS By= ? By: lerk of the Boar of County Commissioners 9 Commissioner �k)0 41 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 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. AMENDMENTS TO EAGLE COUNTY LAND USE REGULATIONS CORRECTION TO TYPOGRAPHICAL ERRORS CHAPTER I Page 10 - (8) line 7 ARE should be added. CHAPTER II EXHIBIT "A" Page 3 - 2.05.02 - Access, line 1 - of should be OR Page 75 - 2.07.07 - subsection (a), line 5 by should be FOR Page 76 - subsection (b), line 2, INSERT GENERATED between vi- bration and inherently Page 77 - subsection (g), line 6, land should be AND Page 82 - 5), line 1, INSERT SHALL between area and be Page 83 - subsection (a), line 5, this should be THESE Section 2.25.04 - Fees (page 215) - 6) PUD Appli. - Geological survey fees are charged in addition to these fees 7) Subdivision - Application for Subdivision - Geological fees are charged in addition to these fees 7)(c) - Minor Subdivision - Geological survey fees are charged in addition to these fees RENUMBER and CHANGE 8) - Geological survey fees (Check to be written directly to the State of Colorado in the amount prescribed by the Colorado Geological Survey DELETE 2.19.03(4) - Delete the last 2 sentences referring to ex- piration of final plat.