Colorado § 30-28-114 - Enforcement - inspector - permits.

§ 30-28-114. Enforcement - inspector - permits.

The board of county commissioners may provide for the enforcement of the zoning regulations by means of the withholding of building permits, and, for such purpose, may establish and fill a position of county building inspector and may fix the compensation attached to said position, or may authorize one or more administrative officials of the county to assume some or all functions of such position in addition to their customary functions. Such board may also fix a reasonable schedule of fees for the issuance of such permits. After the establishment of such position and the filling of the same, 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 such 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.

Source: L. 39: p. 300, § 13. CSA: C. 45A, § 13. CRS 53: § 106-2-13. C.R.S. 1963: § 106-2-13. L. 77: Entire section amended, p. 1458, § 1, effective June 9.

ANNOTATION

General assembly did not intend in this section and § 30-28-205 (1) to limit schedule of fees for county building permits to direct costs of operating building department. Indirect costs, including, for example, services furnished by county manager, county attorney's office, the assessor's office, and various other divisions of county government may be calculated in determining overall costs required to operate that department for purposes of imposing fees for building department services. Fees generated must generally approximate the overall costs of operating the building department to prevent the fees from constituting an unlawful tax in violation of the state constitutional provision mandating uniform property taxation. Bainbridge, Inc. v. Bd. of County Comm'rs, 964 P.2d 575 (Colo. App. 1998).

On remand, trial court correctly concluded that general governmental expenses relating to growth management are recoverable from builders under this section and § 30-28-205 (1) through permit fees charged as indirect costs. Evidence demonstrated that growth has driven the costs of the county's building department. The evidence also supports the finding that the fees charged by the building department were approximately required to offset the direct and indirect costs of operating the department. Mathematical exactitude is not required. Thus, it was permissible for part of the growth costs to be allocated to the building department as indirect costs. Bainbridge, Inc. v. Bd. of County Comm'rs, 53 P.3d 646 (Colo. App. 2001).

A building permit is required from the county building inspector before the construction of any building or other structure within an unincorporated territory covered by a zoning regulation and such a permit may only be issued if the plans for the proposed building or structure conform to all zoning regulations then in effect. Bd. of County Comm'rs of La Plata County v. Moga, 947 P.2d 1385 (Colo. 1997).