A.

Purpose. Pursuant to §31-23-307(1), C.R.S., the Board of Trustees hereby appoints the Planning Commission of the Town of Berthoud to serve as the Board of Adjustment. The Board of Adjustment shall hear and decide variances, waiver requests, and appeals from and review any order, requirement, decision, or determination made by any administrative official charged with the enforcement of any ordinance with respect to the Development Code of the Town of Berthoud.

The Board of Adjustment shall have the following powers and duties, all of which shall be subject to and in compliance with the laws of the state, in harmony with the purpose and intent of this code and the most appropriate development of the neighborhood:

1.

To hear and decide appeals from, and review any order, requirement, decision or determination made by an administrative official charged with enforcement of the provisions of this code;

2.

To authorize variances from the terms of Chapter 30-2, Design Standards, Chapter 30-3, Zoning; and Chapter 30-7 Signs, where the strict enforcement of this title would create a situation which would result in unreasonable application of these standards, considering whether:

a.

Such relief may be granted without substantial detriment to the neighborhood or the public good and without substantially impairing the intent and purposes of this code, and;

b.

Provided that there are exceptional circumstances applying to the specific piece of property which do not generally apply to the remaining property in the same zoning area or neighborhood, and;

c.

That the requested variance shall not authorize any permanent use not permitted in the zoning district, and;

d.

If the hardship on which the request for variance is based, in whole or in part, is self-inflicted, that will be a highly significant fact which is a material element bearing on the issue, and will weigh heavily against the owner or applicant seeking the variance, or;

e.

In circumstances where the property owners affected most directly, e.g. neighbors, concur in writing with the variance that fact shall be given significant (but not conclusive) weight in favor of the request.

3.

To authorize, as variances, alterations in nonconforming uses and buildings, provided the board of adjustment determines:

a.

That the total area devoted to the altered nonconforming use will not be greater than the total area devoted to the current nonconforming use, and

b.

The altered nonconforming building or use will not have any greater adverse impact on the neighborhood than the current nonconforming building or use.

4.

To perform each and all of the duties specified in section 31-23-307 C.R.S., together with all other duties or authority which may hereafter be conferred on it by the laws of the state.

5.

The Board of Trustees reserves the authority to act as the Board of Adjustment with respect to all matters in the Development Code and as allowed per Section 31-23-307 C.R.S, specifically:

a.

All variances not related to Chapter 30-2 Design Standards; Chapter 30-3 Zoning, and Chapter 30-7 Signs.

b.

All appeals not related to Chapter 30-2 Design Standards; Chapter 30-3 Zoning, and Chapter 30-7 Signs.

c.

Appeals of final plats: Appeals of actions of the Planning Commission regarding final plats shall be taken to the Town Board after the filing of an appeal to the Town within ten days of the date of the Planning Commission's decision on the final plat. Appeals may be filed by the applicant or any abutting property owner and shall specifically state the grounds for appeal. The Town Board shall consider the appeal as a new matter and act to approve, approve with conditions, or deny the final plat based on the review and approval criteria that apply to all final plats. Any timely appeal received must be scheduled immediately for review at the next available Town Board meeting, but in no event later than 30 days.

B.

Procedures generally. The board of adjustment shall hold a public hearing on all applications and appeals, subject to the following:

1.

The procedures found in Table 3.10 shall be followed.

2.

Notice shall be given in accordance with the public hearing and general notice provisions found in this Chapter.

3.

Unless otherwise stated in the Resolution, all variances granted shall be commenced within six months of the time such variance is granted; otherwise the variance shall be null and void.

4.

The concurring vote of a majority of the board of adjustment shall be necessary to reverse any order, requirement, decision, or determination of any administrative official, or to decide in favor of the applicant in order to implement a variance.

C.

Appeal procedures. Every appeal to the board of adjustment shall be filed in writing not later than one month from the date of the order, requirement, decision, or determination being appealed. The board shall have no jurisdiction on any appeal not brought within 30 days from the date of the order, requirement, decision, or determination.

D.

Administrative Variances. The Community Development Director is authorized to approve administrative variances from setback requirements up to ten percent of the required setback after finding the proposed setback is consistent with the intent and purpose of this code, and the requirements of this Section.

(Ord. No. 1276, § 1(Exh.), 10-8-2019; Ord. No. 1326, § 1(Exh. A), 11-28-2023)