Loading...
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. Deleted: with Deleted: Mayor Deleted: serving Deleted: two (2) Deleted: members who also Deleted: Trustees on the Board of Trustees serving as (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, Deleted: 16 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.