HomeMy Public PortalAbout3-Code changesARTICLE 7
Board of Adjustment
Sec. 2-7-10. Creation; Membership
(a) There is hereby created a Board of Adjustment, which shall consist of five (5)
voting members and two (2) alternates. Members of the Planning Commission shall
serve as ex officio members of the Board of Adjustment, in the following capacities:
(1) The Trustee appointed to the Planning Commission by the Board of Trustees
and the four (4) non-Trustee Planning Commission members shall serve as regular
voting members of the Board of Adjustment; and
(2) The Mayor and the Trustee appointed to the Planning Commission by the
Mayor shall serve as alternate members of the Board of Adjustment. Alternate
members may participate in Board of Adjustment proceedings, including acting as
Chairperson, but shall not vote in such proceedings except as provided in
Subsection (b) of this Section.
The Chairperson of the Planning Commission shall also serve as Chairperson of the
Board of Adjustment.
(b) In the event that any regular member is temporarily unable to act, owing to
absence from the town, illness, interest in a case before the board or any other cause,
his place may be taken during such temporary disability by an alternate member who
shall then enjoy full voting privileges. If only one regular member is absent, the
Chairperson shall designate the alternate member who shall act in place of the absent
member, or in the absence of the Chairperson, the acting alternate member shall be
chosen by vote of the remaining Board members.
Sec. 2-7-20. Powers and Duties.
(a) The Board of Adjustment shall have all of the powers provided by Sections 31-
23-301 and 31-23-307, Colorado Revised Statutes, except as limited or modified by the
provisions of this Code.
(b) Notwithstanding any other provision of this Code, the Board of Adjustment shall
have no authority to grant use variances of use modifications under the zoning
regulations or other regulations of the Town.
(c) The Board of Adjustment shall have the following duties:
(1) To meet at the call of the Chairperson or by his/her request or by the request
of the building official, town planner, or other town official or member of town staff,
or upon the request by any party wishing to appeal the decision of the same, as
provided by this Code and state statutes.
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(2) To adopt any rules necessary to transact the Board of Adjustment's business
or to expedite its functions or powers so long as they are not inconsistent with the
provisions of the applicable state statutes and the Municipal Code, and provided
further, that such rules and any amendments thereto must be approved by the Board
of Trustees before taking effect.
(3) To hear and decide upon appeals of decisions of town officials or staff
relating to the zoning regulations and upon applications for variances or adjustments
to requirements of such zoning regulations pursuant to the provision of this Code,
(4) To keep minutes and records of the proceedings of each meeting which shall
be filed in the office of the Town Clerk or other official designated by the Town Clerk,
which shall be of public record.
(5) To permit the public to attend and be heard at all of its meetings.
(6) To perform such other duties as may be delegated to it by the provisions of
this Code.
(d) Matters coming before the Board of Adjustment may be considered on the same
date as any regular, special or adjourned meeting of the Planning Commission.
Sec. 2-7-30. Quorum; Voting Requirements.
(a) At all meetings of the Board of Adjustment, the presence of four (4) members
shall constitute a quorum of the transaction of business.
(b) The concurring vote of four (4) members of the Board of Adjustment shall be
required to overturn or modify decisions made by the building official, town planner or
other town official or staff upon appeal to the Board, or to grant an application for a
variance or adjustment to the requirements of the zoning regulations or any other
application within the jurisdiction of the Board. Any other matters shall require a majority
vote of the members present at a meeting at which a quorum is in attendance.
ARTICLE 12
Board of Adjustment
Sec. 16-12-10. Jurisdiction.
(a) The Board of Adjustment is constituted as provided in Chapter 2, Article 7 of this
Code and its jurisdiction includes authority for hearing appeals and granting of
variances under the provisions of the zoning regulations contained in this Chapter.
(b) As provided in Chapter 2, Article 7, the Board of Adjustment has no authority to
grant use variances or use modifications from the regulations contained in this Chapter.
Sec. 16-12-20. Appeals.
(a) The Board of Adjustment shall hear and decide appeals from and review any
order, requirement, decision, or determination made by any administrative official
charged with the enforcement of any provision of this Chapter.
(b) Notice of such appeal shall be in writing, specifying the grounds thereof, which
shall filed with the administrative officer or official from whom the appeal is taken within
the time prescribed by the rules adopted by the Board. Failure to file a notice of appeal
within the prescribed time shall constitute a waiver of the right to appeal.
(c) Upon receipt of the notice of appeal, the officer or official from whom the appeal
is taken shall transmit to the Town Clerk all documents constituting the record upon
which the action appealed from was taken, and the Clerk shall provide the same to the
Board.
(d) The Board or its designee shall fix a reasonable time for the hearing of the
appeal and give due notice thereof to the parties. Upon hearing, any party may appear
in person or by agent or attorney. The board of adjustment may reverse or affirm, wholly
or partly, or may modify the order, requirement, decision, or determination appealed
from and shall make such order, requirement, decision, or determination as in its
opinion ought to be made in the premises and to that end has all the powers of the
officer or official from whom the appeal is taken, subject, however, to the vote
requirements specified in Section 16-12-40 hereof.
(e) Where there are practical difficulties or unnecessary hardships in the way of
carrying out the strict letter of the regulations contained in this Chapter, the Board of
Adjustment has the power, in passing upon an appeal, to vary or modify the application
of such regulations relating to the construction or alteration of buildings or structures, so
that the spirit of the ordinance is observed, public safety and welfare secured, and
substantial justice done; provided, however, that the grant of such a variance will only
be considered if the request therefor is included in the notice of appeal and the notice
requirements and other criteria specified in Section 16-12-30 of this Code are satisfied.
(f) An appeal stays all proceedings in furtherance of the action appealed from,
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unless the officer or official from whom the appeal is taken certifies to the Board, after
the notice of appeal is filed with him, that by reason of facts stated in the certificate a
stay would, in his or her opinion, cause imminent peril to life and property. In such case
proceedings shall not be stayed other than by a restraining order which may be granted
by the Board of Adjustment or by the district court on application, on notice to the
enforcement officer or official from whom the appeal is taken and on due cause shown.
(g) The Board of Adjustment shall render its decision on an appeal within a
reasonable time, which decision shall be made or confirmed in writing and delivered or
mailed to each party to the appeal.
Sec. 16-12-30. Variances.
(a) The Board of Adjustment shall have the power to grant variances from the
provisions of this Chapter, subject to the voting requirements specified in Section 16-12-
40 hereof. Further, the Board may grant a variance only if it finds that all of the
following conditions are present:
(1) There are unique physical circumstances or other conditions peculiar to the
affected property, such as exceptional topography or irregularity, narrowness or
shallowness of lot;
(2) The unique physical circumstances or other conditions do not exist
throughout the neighborhood or district in which the property is located;
(3) The unique physical circumstances or other conditions, or any other hardship
complained of, have not been created by the applicant;
(4) Because of the unique physical circumstances or other conditions, the
property cannot be reasonably developed in conformity with the provisions of this
Chapter;
(5) The variance, if granted, will not alter the essential character of the
neighborhood or district in which the property is located, or substantially or
permanently impair the appropriate use of adjacent conforming property;
(6) The variance, if granted, is the minimum variance that will afford relief and is
not detrimental to the public good or to the purpose, intent and spirit of this Chapter
or the Town comprehensive plan.
(b) In granting any variance, the Board of Adjustment has the authority to attach
such reasonable conditions as it deems necessary to protect the general welfare and
implement the purposes of this title.
(c) The following procedures shall apply to the Board's consideration of variance
requests:
(1) All variance requests shall be submitted to the Board of Adjustment in
writing.
(2) Every variance application shall indicate what provisions of this Chapter are
involved and what relief is sought by the applicant.
(3) The applicant shall set forth the grounds upon which the variance is being
sought.
(4) The Board or its designee shall fix a reasonable time for a public hearing on
the variance application.
(5) Notice of said hearing shall be published once in a newspaper of general
circulation within that part of the County where the property is located at least
fourteen (14) days prior to the hearing date.
(6) Written notice of said hearing shall be mailed by certified mail, return receipt
requested, at least fourteen (14) days prior to the hearing date to the owners of the
property within one hundred (100) feet of the property in question.
(7) Preparation of and payment of all notices shall be the responsibility of the
applicant.
(d) No grant of a variance shall be complete or effective unless and until the Board
of Adjustment has adopted a written resolution approving the variance, which resolution
shall identify the property for which the variance is granted, specify the terms of the
variance and any conditions approved by the Board, and state specifically the
exceptional conditions, practical difficulties or unnecessary hardships involved or other
grounds for granting the variance. A copy of such resolution, certified by the
Chairperson or other Town staff, shall be recorded in the office of the Grand County
Clerk and Recorder to provide notice to persons subsequently acquiring any interest in
the property.
Sec. 16-12-40. Voting Requirements
The concurring vote of four (4) members of the Board of Adjustment shall be
required to overturn or modify decisions made by the building official, town planner or
other town official or staff upon appeal to the Board, or to grant an application for a
variance or adjustment to the requirements of the zoning regulations contained in this
Chapter.
Sec. 16-12-50. Appeals from the Board of Adjustment
Every decision of the Board of Adjustment shall be subject to review by certiorari
by the District Court, and as provided by law. Such appeal shall be filed not later than
thirty (30) days from the final action taken by the Board of Adjustment. Such appeal
may be taken by any person aggrieved or by an officer, department, board or bureau of
the Town.
Sec. 16-12-60. Fees
All appeals or applications to the Board of Adjustment shall be accompanied by
payment of a fee as set forth in Appendix A to this Code for each separate appeal or
variance application submitted. Said fee shall not be refunded, notwithstanding that the
applicant has withdrawn such appeal or application or that the same is denied by the
Board of Adjustment.
MISCELLANEOUS AMENDMENTS:
Sec. 2-6-40. Residency.
All members of the Planning Commission shall be bona fide residents of the Town, and
if any member ceases to reside in the Town, his or her membership on the Planning
Commission shall immediately terminate. All members of the Planning Commission
shall serve as such without compensation. The members appointed by the Mayor shall
hold no other municipal office except that such members shall be ex-officio members of
the Board of Adjustment, as provided by this Code.
Sec. 16-1-70. Enforcement.
This Chapter shall be enforced by the Town Manager or his or her designee, Building
Inspector or other designee as appointed by the Board of Trustees, by the Board of
Trustees or by any resident or property owner of the Town. No oversight or dereliction
on the part of the Town Manager or on the part of any official or employee of the Town
shall legalize, authorize or excuse the violation of any of the provisions of this Chapter.