ORDINANCE NO. 403
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF EADS, KIOWA COUNTY, COLORADO, TO ADOPT MINIMUM SETBACK REQUIREMENTS FOR STRUCTURES LOCATED WITHIN THE TOWN BOUNDARIES, TO CREATE AND / OR AMEND A PERMITTING SYSTEM CONCERNING STRUCTURES BUILT OR LOCATED WITHIN THE TOWN BOUNDARIES, AND TO IMPOSE PENALTIES FOR VIOLATION THEREOF.
Whereas, the Town of Eads, hereinafter referred to as the “Town”, in the County of Kiowa, and the State of Colorado, is the body corporate operating as a statutory town pursuant to the general statutes of the State of Colorado; and
Whereas, Colorado Revised Statutes, 31-23-301, gives to the governing body of a municipality, for the purpose of promoting health, safety, morals, or the general welfare of the community, the power to regulate and restrict the percentage of lot that a building may occupy, the size of yards, and the location and use of buildings and structures; and
Whereas, Colorado Revised Statutes 31-15-601(1)(b) and (d) gives to the governing bodies of municipalities the power and authority to regulate partition fences and party walls, and to prescribe the limits within which wooden buildings shall not be erected, and to take such other action as may be necessary to lessen the threat of destructive fire; and
Whereas, the governing bodies of municipalities may enact such permitting systems and other procedures deemed appropriate to monitor and regulate the placement of buildings and structures; and
Whereas, the Town Board previously enacted Ordinances No. 61, in November, 1931; Ordinance No. 66, in January, 1935; Ordinance No. 82 in July, 1938; and Ordinance No. 100, in May, 1946, all of which were designed to regulate the construction and location of buildings and structures so as to minimize fire danger and promote the safety of the Town citizens; and
Whereas, the Board at this time does not wish to adopt building code(s), but does wish to establish reasonable setbacks and other requirements for buildings and structures built and located within the Town boundaries primarily for safety, health, and general welfare reasons; and
Whereas, the Board wishes to re-affirm a permitting system requiring a permit to be issued prior to any construction, or locating, of buildings or structures within the Town and to provide a charge for such permits and remedies to be enforced in the event a landowner fails to acquire the permit;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF EADS, COLORADO:
SECTION I – PERMIT REQUIRED
Upon the adoption and date of enforcement of this Ordinance, the following provisions shall be enforceable within the Town of Eads as to each new building, or structure, either built or moved from a previous location. The term “structure” shall not include fences.
A. Permit Required. No wall, structure, building or part thereof, including any add-ons to existing structure, shall hereafter be built, enlarged, or altered in the Town until a plan of the proposed work, together with a statement of the materials to be used, shall have been submitted to the Town, through its designated employee, who shall, if in accordance with the provisions herein contained, issue a permit of for the proposed construction, upon payment of the proper fee.
B. Each application for a permit shall contain a sketch of the proposed construction and placement of the structure or building, reflecting the property line of the lot upon which construction or placement shall take place and the proposed setback of the building or structure from the property boundary line. “Setback” refers to the distance from a lot or site line measured horizontally to a line of location within the lot or site which establishes the permitted location of the structure or building. The permit shall also contain a description of the building code or specifications that the applicant shall be using in the construction and the landowner’s agreement to obtain certificates when required by the Town, County, or State.
C. Fees for permits for the construction or placement of a building or structure shall be a Dollar per Thousand. The fee shall be used to cover the administrative costs of the Town in processing the permit and examination of the property lines and placement of the structure.
D. Upon completion of the construction or placement of the building or structure by the applicant, the Town representative shall make a last examination of the site to verify proper setbacks. Upon final approval, the Town records shall reflect compliance with the permit and the file shall be closed.
E. Structures or buildings erected without a permit, or not in conformity with this Ordinance or the terms of the permit, shall be subject to removal at the landowner’s expense.
SECTION II – SETBACKS ESTABLISHED
A. No structure or building, including any accessory buildings, shall be located any closer to a boundary line than five feet (5’)
B. A landowner, or applicant, shall not locate a structure or building on a corner lot closer than five feet (5’) to a boundary line, or in such a manner as to significantly reduce visibility to traffic on the adjacent streets.
SECTION III – VARIANCES
A. The Board may authorize, in special cases and after submission of an applicant or landowner of a proper application, a variance as to the setback limits. Variances may be granted if the Board determines that the variance would not be contrary to the public interest where, owing to special conditions, a literal enforcement of the setback requirement would result in unnecessary hardship to the landowner or applicant.
SECTION IV – PENALTIES FOR VIOLATION
A. In addition to obtaining a judicial order for the removal of the structure, or building, the Town may prosecute the applicant, or landowner, for violating the provisions of this ordinance. Any person who shall violate any of the provisions of this ordinance shall, upon conviction, be fined in a sum at the Court’s discretion not to exceed Five Hundred Dollars ($500.00) taking into account the circumstances involved and any previous convictions.
SECTION V – VALIDITY.
If any part or parts of this Ordinance are for any reason held to be invalid such decision shall not affect the validity of the remaining portions of this Ordinance. The Board hereby declares that it would have passed this Ordinance and each part or parts thereof, irrespective of the fact that any part or parts be declared invalid.
SECTION VI– REPEAL.
Upon adoption and enforcement of this Ordinance, existing or parts of Ordinances covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed.
SECTION VII – EFFECTIVE PERIOD.
This Ordinance, upon passage, shall be published at the first available time. The Ordinance shall become enforceable thirty (30) days after publication. The Clerk is directed to record this Ordinance in the Book of Ordinances and to arrange for publication as required by statute.
Adopted and Approved this 19th day of July, 2017.
Signed by _____________________________
( S E A L )