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<br />. <br /> <br />. <br /> <br />incorporated town is hereby empowered to regulate and <br />restrict the height, number of stories, and size of build- <br />ings and other structures, the percentage of lot that may <br />be occupied, the size of yards, courts, and other open <br />spaces, the density of population, and the location and use <br />of buildings, structures, and land for trade, industry, <br />residence, or other purposes. Such regulations may pro- <br />vide that a board of adjustment may determine and vary <br />their application in harmony with their general purpose <br />and intent, and in accordance with general or specific <br />rules therein contained. SUBJECT TO THE PROVISIONS OF SUB- <br />SECTION (2) OF THIS SECTION, AND TO THE END THAT ADEQUATE <br />SAFETY MAY BE SECURED, SAID LEGISLATIVE BODY SHALL ALSO <br />HAVE POWER TO ESTABLISH, REGULATE, RESTRICT, AND LIMIT SUCH <br />USES ON OR ALONG ANY STORM OR FLOODWATER RUNOFF CHANNEL OR <br />BASIN AS SUCH STORM OR FLOODWATER RUNOFF CHANNEL OR BASIN <br />HAS BEEN DESIGNATED AND APPROVED BY THE COLORADO WATER <br />CONSERVATION BOARD IN ORDER TO LESSEN OR AVOID THE HAZARDS <br />TO PERSONS AND DAMAGE TO PROPERTY RESULTING FROM THE AC- <br />CUMULATION OF STORM OR FLOOD WATERS. Any ordinance en- <br />acted under authority of this article shall exempt from <br />the operation thereof any building or structure as to which <br />satisfactory proof shall be presented to the board of ad- <br />justment provided for in this article, that the present or <br />proposed situation of such building or structure is reason- <br />ably necessary for the convenience or welfare of the public. <br /> <br />(2) THE POWER CONFERRED BY SUBSECTION (1) OF THIS <br />SECTION FOR FLOOD PREVENTION AND CONTROL SHALL NOT BE EX- <br />ERCISED SO AS TO DEPRIVE THE OWNER OF ANY EXISTING PROPERTY <br />OF ITS USE OR MAINTENANCE FOR THE PURPOSE TO WHICH IT IS <br />LAWFULLY DEVOTED ON THE EFFECTIVE DATE OF THIS SUBSECTION, <br />BUT PROVISIONS MAY BE MADE FOR THE GRADUAL ELIMINATION OF <br />USES, BUILDINGS, AND STRUCTURES, INCLUDING PROVISIONS FOR <br />THE ELIMINATION OF SUCH USES WHEN THE EXISTING USES TO <br />WHICH THEY ARE DEVOTED ARE DISCONTINUED, AND FOR THE ELIM- <br />INATION OF SUCH BUILDINGS AND STRUCTURES WHEN THEY ARE <br />DESTROYED OR DAMAGED IN MAJOR PART. <br /> <br />(3) THE LEGISLATIVE BODY OF ANY CITY OR INCORPORATED <br />TOWN, OR THE BOARD OF ADJUSTMENT THEREOF, IN THE EXERCISE <br />OF POWERS PURSUANT TO THIS SECTION, MAY CONDITION ANY <br />ZONING REGULATION, ANY AMENDMENT TO SUCH REGULATION, OR <br />ANY VARIANCE OF THE APPLICATION THEREOF, OR THE EXEMPTION <br /> <br />-2- <br /> <br />House Bill No. 1007 <br />