This Chapter is enacted for the preservation and promotion of the public health, safety, morals, convenience, order, prosperity and welfare; and for the purposes of lessening congestion in the streets; to secure safety from fire and other damages; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate adequate provisions for transportation, water, sewage, parks and other public requirements; to conserve and protect the value of property; and to encourage the most appropriate use of land throughout the Town.

(Prior code IV-1-1)

The ordinance codified herein shall be known as and may be cited and referred to as the "Zoning Ordinance." For the purpose of this Chapter certain words and terms are hereby defined. The word building includes accessory construction.

Accessory construction means anything constructed or erected, the use of which requires more or less permanent location on the ground or attachment to something having a permanent location on the ground, including but not restricted to fences, porches, patios, basketball courts, tennis courts, swimming pools, breezeways, posts, pillars, antennae and lights.

Dwelling means a permanent, detached building designed for residential occupancy.

Dwelling alteration means any change in the supporting members of a building such as bearing walls, columns, posts, beams, girders, floor joists or roof joists.

Family means a collective body of persons related by blood, marriage or adoption, including not more than two unrelated persons who live in one dwelling under one head. The word family shall not include paying guests.

Garage means an accessory portion of a main building designed or used for the shelter or storage of motor vehicles owned or operated by the occupants of the dwelling.

Lot means a parcel of land occupied or designed to be occupied by one dwelling, including the open spaces required by this Chapter and such open spaces as are arranged and designed to be used in connection with such buildings. A lot shall be the land shown as a lot on the Town of Bow Mar Zoning Map attached to the ordinance codified herein.

Street means all property dedicated, intended or used for public or private street, up to and including collector streets but not including minor arterials, arterials, highways, freeways or any part of an interstate system, of which there are none in the Town; provided, however, that the term street shall not include any private driveway or any part of a shoulder or other land contiguous to the street which has been designated as a bridle path, jogging trail, park or greenbelt.

Yard means an open space on a lot with a building, unoccupied and unobstructed from the ground upward by any structure or portion thereof, except as otherwise provided herein.

Yard, front, means a yard extending across the width of the lot and measured between the front line of the lot and the nearest point of the main building.

Yard, rear, means a yard extending across the width of the lot and measured between the rear line of the lot and the nearest point of the main building.

Yard, side, means a yard on each side of the main building between the main building and the side line of the lot and extending from the front yard to the rear yard.

(Prior code IV-1-2; Ord. 194 §1, 1995)

The incorporated area of the Town is hereby divided into six classes of districts as follows:

Residential District I

Residential District II

Recreational District

Utility District

Agricultural District

Planned Development District

The boundaries of the above districts are as shown upon the Town of Bow Mar Zoning Map.

(Prior code IV-1-3; Ord. 293 §2, 2014; Ord. 295 §2, 2014)

The map attached to the ordinance codified herein and designated Town of Bow Mar Zoning Map is hereby adopted and made a part of this Chapter and is by reference incorporated herein, and all notations, references or other matters shown by such map shall be as much a part of this Chapter as if the same were fully set forth herein. The official map shall be kept on file with the office of the Town Clerk. Where uncertainty exists as to the boundaries of districts as shown on the Zoning Map, the following rules shall apply: (1) boundaries indicated as approximately following the center lines of streets or roadways shall be construed to follow such center lines; (2) boundaries indicated as approximately following platted lot lines or Town limits shall be construed as following such lot lines or Town limits; (3) boundaries indicated as following or parallel to surface features shall be construed to follow such surface features.

(Prior code IV-1-4; Ord. 194 §1, 1995)

(a)

Use regulations. No building, accessory construction or land shall be used and no building or accessory construction shall be erected, converted or structurally altered unless otherwise permitted herein except for one or more of the following uses:

(1)

Single-family dwelling.

(2)

Accessory construction or uses incidental to the above as is within the scope of this Chapter.

(b)

Height regulations.

(1)

All dwellings are restricted in height to a maximum of 16 feet, measured from the highest existing natural grade point on the front setback line to the highest point of the roof, except that no more than twenty-five percent (25%) of the total ridge line (the horizontal line formed where two [2] upward-sloping roof surfaces meet) may be up to18 feet in height as measured from the highest existing natural grade point on the front setback line. On corner lots, the applicant may use either street setback as the front setback line, but will be bound by that decision.

(2)

A flat roof (a roof with less than three [3] inches per foot slope) shall not exceed a maximum height of 16 feet at any point from the highest existing natural grade point on the front setback.

(3)

Chimneys are not included in the height measurement or restricted by this Subsection.

(4)

Any dwelling which currently exceeds this height restriction may be remodeled or reconstructed to its historic height, as long as at least fifty percent (50%) of the original dwelling remains intact.

(5)

In addition to other height regulations, a dwelling shall not exceed a one-story elevation as viewed from the center point of the front setback line.

(c)

Area regulations.

(1)

Lot area and width. For every dwelling erected or structurally altered, there shall be provided a lot area as platted upon the Zoning Map. The size and dimensions of each existing lot in the Town shall be as platted on said Zoning Map. In order to preserve the spacious character of the Town and to preserve the values enumerated in Section 16-1 above, lots in Residential District I shall in no event be less than one acre in size except for lots that have heretofore been platted less than one acre in size.

(2)

Yards. For every dwelling erected or structurally altered there shall be provided a front yard and a rear yard each of not less than 40 feet in depth and a side yard on each side of the building of not less than 40 feet in width.

(3)

Setbacks. No structures of any kind, including but not limited to decks, patios, gazebos, pools, hot tubs, play structures, sport courts, swing sets, sculptures and sheds, shall be constructed in the setback area. Driveways, mailboxes, light columns and boundary fences are not prohibited by this Subsection.

(d)

Dwelling size and footprint.

(1)

Each building must contain a minimum of two thousand five hundred (2,500) square feet of living area on at least one level. Said living area shall not include garage, terraces, porches, breezeways, patios or carports. No detached cellar or basement shall be used, occupied or rented as a dwelling.

(2)

A dwelling shall not cover more than the following percentage of any lot on the main level, including the garage but not including terraces, porches, breezeways, patios or carports:

(3)

Any dwelling may also be constructed to the lot coverage capacity of the largest home permitted in the immediately preceding lot size category. For example, a dwelling on a 1.05 acre lot could, at the owner's option, be constructed to occupy up to thirteen percent (13%) of that lot, or the largest square footage permitted in the .75 to .99 lot size category.

(e)

Lighting regulations.

(1)

All new construction shall have the following lighting limits:

a.

Total exterior lighting shall be limited to ten thousand (10,000) lumens, including spot and flood lights and no more than six thousand (6,000) lumens of unshielded lights.

b.

Any stray light shining across property boundaries shall be limited to one tenth (.1) foot-candle, measured at a point ten feet beyond the property line. Spot/flood lights of any intensity should not be directed outward off property.

c.

Any flood or spot bulb greater than eight hundred twenty-five (825) lumens shall be shielded.

d.

Decorative up-lighting to be off between 11:00 p.m. and dawn.

e.

Flood/spot lights with motion detectors shall be triggered by activity on the property, not by activity in the public easement or in the streets, and shall shut off within five minutes after the activity has ceased.

(2)

All existing residences shall have a two-year period from the adoption of this ordinance to comply with the lighting restrictions provided herein.

(3)

The following lighting is exempt from these restrictions:

a.

Seasonal lighting using typical low wattage incandescent lamps in operation between November 15 and January 15;

b.

Emergency lighting used by police, firefighting or medical personnel or, at their direction, for as long as the emergency exists;

c.

Underwater swimming pool and fountain lighting and pot/flood lights triggered by alarm/motion or manually that stay on for less than five minutes, from any hours of operation limits; and

d.

Lighting of flagpoles flying the American flag.

(Ord. 237B §1, 2009; Ord. 257 §1, 2009; Ord. 273 §1, 2012)

(a)

Incorporation of standards found in Residential I District. The standards and restrictions imposed by this Chapter on Residential I District shall be fully applicable to the Residential II District and are incorporated herein except to the extent specifically modified hereinafter.

(b)

Height regulations. All residences are restricted in height to a maximum of20 feet measured from the natural grade or highest approved finished grade at the front setback line to the highest point of the roof.

(c)

Area regulations.

(1)

Lot area and width: For every dwelling erected or structurally altered, there shall be provided a lot area as platted upon the Zoning Map. The size and dimensions of each existing lot in the Town shall be as platted on said Zoning Map. In order to preserve the spacious character of the Town and to preserve the values enumerated in Section 16-1 above, lots in Residential II shall in no event be less than one acre in size except for lots that have heretofore been platted less than one acre in size.

(2)

Yards: For each dwelling erected or structurally altered there shall be provided a front yard and a rear yard, each of not less than 30 feet in depth, and a side yard on each side of the building of not less than20 feet in width.

(Prior code IV-1-6; Ord. 194 §1, 1995)

Use regulations. No buildings, accessory construction or land shall be used and no building or accessory construction shall be erected, converted or structurally altered except for the following:

(1)

In order to preserve the values listed in Section 16-1 of this Chapter and to limit the uses of all land and structures in this District to those compatible with the character of the Town, all structures and land within this District must be specifically limited to recreational or municipal uses. Recreational or municipal uses shall not include any activity, structure or use which constitutes a nuisance or which is contrary or detrimental to the character of the Town. No residential use or structure may be permitted in the Recreational District.

(2)

No roads, streets, curb cuts, driveways or other paths or access for motor vehicles shall be permitted through or across any area zoned recreational.

(3)

Accessory construction incident to the above use as is within the scope of this District.

(Prior code IV-1-7)

(a)

Use regulations. No buildings, accessory structures or land shall be used and no building or accessory construction shall be erected, converted or structurally altered except for the following:

(1)

Growing of crops.

(2)

The keeping of livestock in accordance with the Bow Mar Municipal Code provisions as may be amended.

(3)

Maximum of three (3) single family dwellings meeting the bulk requirements (height, area regulations, dwelling size and footprint and lighting regulations) of the Residential District 2 of the Town of Bow Mar. For purposes of determining dwelling size pursuant to the Code, each single family dwelling shall be deemed to be located on a lot consisting of one (1) acre in size.

(4)

Accessory uses or structures incidental to the enumerated uses (1) through (3) above, provided that:

a.

No more than three (3) accessory structures shall be permitted on any property zoned Agricultural.

b.

The maximum height of any accessory structure on property zoned Agricultural shall not exceed twenty (20) feet.

c.

The maximum square footage of any accessory structure permitted on property zoned Agriculture shall not exceed two thousand five hundred (2,500) square feet.

d.

Guest quarters for use by temporary guests or invitees of the property owner are permitted within the accessory structure provided that: (1) such guests or invitees shall not occupy the quarters for more than 30 continuous days, (2) the property owner is not permitted to collect any rental or lease income from the guests or invitees, and (3) not more than forty-nine percent (49%) of the square footage of the accessory structure may be devoted for use as guest quarters.

(b)

Minimum lot size. The minimum lot size for any property to be zoned Agricultural is thirty (30) acres. Contiguous lots under common ownership may be aggregated for purposes of determining minimum lot size. If adjoining properties are aggregated in order to meet the minimum lot size requirement of the Agricultural District (thirty (30) acres or larger), said adjoining properties must remain under common ownership to preserve the zoning classification. Common ownership includes ownership by spouses and/or children of the original owner, or entities controlled by such persons.

(c)

Design Review Board Review. All new construction or proposed building alteration must obtain approval of the Design Review Board prior to construction or alteration.

(Ord. 293 §1, 2014; Ord. 302 § 1, 2015; Ord. 323 §2, 2019)

(a)

Purpose and intent. The Planned Development (PD) District is intended to permit the planning and development of substantially sized parcels of land which are suitable in location and character for a mix of business and commercial uses to be developed as a unified and integrated project in accordance with this Chapter and Section 24-67-101, et seq., C.R.S. The PD district is intended to provide a means of accomplishing the following objectives:

(1)

Provide a large-scale, unified and unique development concept not otherwise permitted within standard zone districts identified in this Chapter.

(2)

Provide a more efficient use of land and public services.

(3)

Promote development that is individually deigned for a specific site in order to more appropriately address the physical context and/or specific features associated with the property.

(4)

Encourage specific development so that the needs of the population may be met by greater variety in the type, design and layout of buildings, and by the conservation and more efficient use of open space ancillary to buildings.

(5)

Lessen the burden of traffic on streets and highways.

(6)

Provide a procedure which can better relate the type, design and layout of business and commercial development to the particular site.

(7)

Accommodate retail sales, services and entertainment facilities which are oriented to serving the needs of residents and visitors.

(8)

Encourage well-planned, innovative and attractive business and commercial development that complements existing site features and development.

(9)

Encourage a mix of complementary business and commercial buildings that share ingress and egress and on-site parking, and that are linked by attractive pedestrian corridors and plazas in appropriate locations.

(b)

Use regulations. Each PD district shall allow any use permitted in the district's approved Official Development Plan with the exception of the following uses, which are hereby expressly prohibited:

(1)

Residential dwellings of any type.

(2)

Industrial uses of any type.

(3)

Agricultural uses of any type.

(4)

Commercial medical or recreational marijuana establishments.

(5)

Commercial marijuana grow facilities.

(6)

Any sexually oriented business, including but not limited to the following: adult bookstore; adult video store; adult cabaret, adult motel; adult motion picture theater; a semi-nude model studio; sexual device shop or a sexual encounter center.

(c)

Development regulations. The PD district shall be applied only to sites of five acres or larger, provided that a site may be composed of multiple adjoining properties to be controlled by one or more owners and developed under a unified plan as provided below. The Building Commissioner may reduce the required minimum size of a PD district if it is determined that the proposed district will still meet the intent and purpose of the PD district as identified above. Each PD district application shall include a completed application on a form provided by the Town, an application fee and a proposed ODP, and such other additional relevant information as may be deemed necessary by the Town.

(d)

Official Development Plan. Each PD district shall be governed by an approved Official Development Plan (ODP). The ODP shall contain written development standards, terms and conditions and, when appropriate, graphic representations, including but not limited to land use, density, signage, fencing, lighting, access and circulation, parking, building height and setbacks, architectural and landscape design requirements and public and private improvements. Interpretation and enforcement of the PD district and the ODP shall be the duty of the Building Commissioner or his or her appointed designee.

(e)

Approval criteria for PD district zoning. The following criteria shall be considered by the Board of Trustees in the review and approval of a PD district zoning application, including the ODP:

(1)

Whether the application is in compliance with the requirements of this Chapter and the Town's Master Plan.

(2)

Whether the application is in compliance with all applicable statutory provisions;

(3)

Whether the general impact of the proposed PD would have a material adverse impact on the provision of public facilities and services;

(4)

Whether the general impact of the proposed PD is suitable for the intended use and compatible with the surrounding land uses;

(5)

Whether the proposed PD would create unacceptable levels of traffic congestion or unreasonably burden the existing road network;

(6)

Whether the proposed PD provides for development control under a unified plan;

(7)

Whether the proposed PUD is in furtherance of the public health, safety and general welfare.

(Ord. 295 §1, 2014)

Use regulations. No building, accessory construction or land within this District shall be erected, converted or structurally altered except for the following:

(1)

All structures and land within this District shall be specifically limited to the function of developing and supplying water for domestic use and such buildings and facilities shall be limited to wells, pumps and storage, treatment and transmission facilities for domestic water use.

(2)

No structures or facilities shall be allowed which constitute a nuisance or which are detrimental to the character of the Town.

(Prior code IV-1-8; Ord. 293 §1, 2014; Ord. 295 §1, 2014)

The maintenance of a professional office or commercial establishment dealing with the public on the premises is hereby prohibited, except as expressly allowed in an approved Official Development Plan in the Planned Development District.

(Prior code IV-1-9; Ord. 293 §1, 2014; Ord. 295 §1, 2014)

(a)

Definitions. For the purposes of this Section, the following terms shall have the following meanings:

(1)

Recreational vehicle means any vehicle or trailer constructed in whole or in part for recreational purposes, including without limitation campers, camper trailers, motor homes, mobile homes, house trailers, horse trailers, buses, boats, rafts, barges, and boat and utility trailers. Automobiles, four-wheel-drive passenger vehicles, and passenger vans of three-quarter ton rating or less with covers over the box not exceeding the height of the cab or width or the box shall not be considered recreational vehicles for the purposes of this Section.

(2)

Inoperable vehicle means any vehicle that is not roadworthy, as defined at C.R.S. § 42-6-102(15), as amended.

(b)

Recreational vehicles. It is unlawful to park or store, or allow to be parked or stored, a recreational vehicle on a public street, highway, road, alley, or other right-of-way, public or private driveway, or on public or private property, unless the recreational vehicle is parked or stored:

(1)

Behind a conforming garage, fence, or evergreen shrubs so as to be completely screened and out of sight of passing traffic and contiguous property owners;

(2)

In compliance with the direction of a police officer or Town signage;

(3)

In a permanent structure that is fully enclosed and fully contains the recreational vehicle so as to be completely screened and out of sight of passing traffic and contiguous property owners; or

(4)

For the purpose of temporarily visiting a permanent occupant of the property on which the recreational vehicle is parked or stored, performance of emergency repairs as a result of a mechanical breakdown, or for the purpose of temporarily loading or unloading the recreational vehicle, for a period of time not to exceed forty-eight (48) hours.

(c)

Inoperable vehicles. The outdoor parking or storage of any inoperative motor vehicles or storage of any inoperable vehicle or any motor vehicle not bearing a current license plate is prohibited except where such vehicle is stored in or behind a conforming garage, fence, or evergreen shrubs so as to be out of sight of passing traffic and contiguous property owners.

(d)

Permits. The Town Police Department may issue a permit to allow the stopping and parking of any vehicles on a public street, highway, road, alley, or other right-of-way, public or private driveway, or on public or private property for a specific period of time not to exceed seven (7) days in any calendar year. This permit shall be issued for a specific vehicle and shall be affixed to such vehicles for the applicable time period. The permit shall describe the effective dates thereof and the location in which the vehicle shall be permitted to be parked. Permits may be granted to an additional time period by the Board of Trustees, or if requested between Board of Trustees meetings, by the Mayor.

(Prior code IV-1-10; Ord. 293 §1, 2014; Ord. 295 §1, 2014; Ord. 331 §1, 2020; Ord. No. 338, §1, 2023)

(a)

General. Recognizing the desirability of preserving for each lot in the Town, insofar as is consistent with the reasonable use of the same, the natural mountain and/or city and/or lake view or views, proposed accessory construction such as fences, porches, swimming pools, covered patios, breezeways and the like shall have the prior approval of the Building Commissioner and shall be subject to the provisions of Chapter 18 of this Code.

(b)

Shielded from view. All outdoor sheds, playhouses, dog houses, chicken coops, hutches and similar accessory structures, equipment and uses are prohibited unless they are shielded and concealed behind a conforming house and its associated landscaping so as to be substantially shielded from view from any road or from abutting property.

(c)

Antennae. No antenna or other structure or apparatus designed to receive or transmit microwave or electromagnetic signals or other forms of radio, television or communication signals shall extend more than five feet above the roof line, nor shall such antenna or other structure or apparatus be mounted on any freestanding or adjacent tower. All dish antennae and similar structures shall be located only on the ground and they shall not exceed a diameter of four feet. All such dish antennae or similar structures shall not rise more than five feet above the ground and they shall be completely screened from view from neighboring lots and the streets by a conforming house or shrubs.

(d)

Overhead wires. No overhead or above ground electrical or transmitting wires or lines shall be allowed.

(e)

Solar panels or collectors. No solar panel or collector shall be allowed to extend above the highest point on the roof of any dwelling unless a greater height is expressly authorized by state law.

(f)

Fences. No fence shall be more than five feet high.

(Prior code IV-1-11; Ord. 267 §1, 2011; Ord. 293 §1, 2014; Ord. 295 §1, 2014; Ord. No. 338, §1, 2023)

Landscaping, including planting of shrubs and trees, shall not obstruct unreasonably the views of the lake, mountains or city lights from any other lot or lots. It is the intent of this provision to prohibit plantings such as obstructive hedges, heavy shrubs or tree groupings that would, upon predicted maturity, significantly interfere with the view from any other lot or lots. This provision is not intended to discourage realistic and artistic plantings even though the view of other lots may be slightly affected.

(Prior code IV-1-12; Ord. 293 §1, 2014; Ord. 295 §1, 2014)

(a)

Any dwelling or platted lot which was in existence prior to the time the prior municipal code, as adopted on May 16, 1983 by Ordinance No. 127, Series of 1983, became effective and which is and has been at all times in compliance with Ordinance No. 20, Series of 1958, entitled "An Ordinance Providing for the Zoning of the Town of Bow Mar"; Ordinance No. 41, Series of 1961, entitled "An Ordinance to Amend Ordinance No. 20, Series of 1958, Relating to and Providing for the Zoning of the Town of Bow Mar"; and Ordinance No. 97, Series of 1976, entitled "An Ordinance Providing for the Zoning of the Town of Bow Mar, Colorado, and Repealing Ordinance No. 20 and Ordinance No. 41," shall not be deemed to be a nonconforming dwelling or platted lot merely because it does not comply with revised standards and requirements set forth in Sections 16-4 through 16-8 of this Chapter. Such existing dwelling or platted lot shall continue to be judged by, and subject to, the aforesaid Ordinances 20 and 41 to the extent that the terms and provisions of Ordinances 20 and 41 were modified by Sections 16-4 through 16-8 of this Chapter. Any modification, change or other alteration in or to any such existing dwelling or platted lot shall, however, be judged by, and be subject to, this Chapter rather than Ordinances 20, 41 and 97. This exception to the definition of nonconforming uses is intended to apply only to existing dwelling and platted lots and is not intended to exclude accessory construction, sheds, playhouses or similar facilities, vehicles of any description whatever, landscaping or other facilities, uses or objects from the requirement of compliance with this Chapter.

(b)

In case a building or other structure or object which is not in compliance with this Chapter but which is authorized as a nonconforming use pursuant to subparagraph (a) is damaged by fire, explosion or other calamity to the extent of more than seventy-five percent (75%) of its fair market value, it shall not be restored except in full conformity with Sections 16-4 through 16-8 of this Chapter.

(Prior code IV-1-13; Ord. 194 §1, 1995; Ord. 293 §1, 2014; Ord. 295 §1, 2014)

Upon the recommendation of the Building Commissioner, the Board of Adjustment may grant a variance from the terms and provisions of this Chapter in order to allow reasonable and economic construction upon a lot or to prevent manifest injustice. No variance will be granted unless it maintains a pleasing and harmonious appearance with the nearby surroundings and is consistent with the values set forth in Section 16-1 of this Chapter.

(Prior code IV-1-14; Ord. 273 §1, 2012; Ord. 293 §1, 2014; Ord. 295 §1, 2014; Ord. 315 §1, 2017)

(a)

Any applicant for grant of a variance from the restrictions imposed by any of the Town's zoning ordinances shall submit an application for a variance to the Design Review Board.

(b)

The information to be provided by the variance-seeking applicant shall include, at a minimum, all of the information that is described in the annually distributed Directory of the Town of Bow Mar and on the Town's website, under the caption "Construction Procedures in the Town of Bow Mar."

(c)

The information that a variance-seeking applicant must provide to the Design Review Board shall include the following:

(1)

Name, address and telephone numbers of the applicant and current address or legal description of property.

(2)

For minor improvements: An accurate plot plan showing the relationship between the setbacks and the boundaries. This does not need to be signed by a registered engineer. Minor improvements would include a shed or other accessory construction within a setback or a variance to fence height, for example.

(3)

For additions and new construction:

a.

Map of the property (minimum twenty-four (24) inches by thirty-six (36) inches), which shall depict the residence at an appropriate and commonly used scale and shall also depict and identify all property boundaries and adjacent property owners, all public rights-of-way and easements and the location, type and size of all utility lines. In addition, the map shall depict, clearly, the proposed improvement and the precise dimensions of the variance requested. The property map shall include thereon the name, address, telephone number and license number of the registered engineer and/or licensed architect who prepared such instrument.

b.

Accurate surface area calculations (which may be depicted on the above-described map) of all existing structures and all proposed improvements.

c.

Accurate elevations of all existing structures and proposed improvements, noting the point of reference from which all such elevations are measured.

d.

A drainage study or map of the property, including thereon the name, address, telephone number and license number of the registered engineer and/or land surveyor who prepared such instrument.

(d)

The Town may impose reasonable fees for consideration of variance requests.

(e)

The Board of Adjustment will conduct a public hearing to consider and act upon an application for a variance. To effect prior notice of the requested variance to all impacted or potentially impacted residents, any applicant for a variance shall post a sign in front of the property for which a variance is requested. This sign shall be posted for at least twenty-one (21) days prior to said hearing.

(f)

The sign to be posted in front of the property for which a variance is requested shall be at least thirty-six (36) by forty-eight (48) inches in dimension. The sign shall be posted in a conspicuous location along each public street that abuts the applicant's property. The sign shall include, in letters at least one inch high, and bold enough to be visible from the public street, the legends:

TOWN OF BOW MAR
PUBLIC HEARING NOTICE
REQUEST FOR VARIANCE

The sign shall also include, in similarly bold type, the following paragraph:

NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE CONDUCTED BY THE BOARD OF ADJUSTMENT OF THE TOWN OF BOW MAR, ON [insert date] AT [insert location] TO CONSIDER AN APPLICATION FOR VARIANCE BY THE PROPERTY OWNER AT [insert relevant address] FROM THE ZONING RESTRICTION THAT [describe restrictive ordinance, and the relief to be requested therefrom]. ALL THOSE WISHING TO BE HEARD SHOULD BE PRESENT AT THE TIME AND PLACE STATED ABOVE. FOR MORE INFORMATION CALL THE TOWN CLERK AT 303-794-6065.

(g)

A notice that is substantially similar to the sign that is to be posted in the variance applicant's yard shall also be published in the Bow Mar Bulletin not less than ten calendar days prior to the hearing conducted by the Board of Adjustment.

(Prior code IV-1-14; Ord. 273 §1, 2012; Ord. 277, 2013; Ord. 280 §1, 2013; Ord. 293 §1, 2014; Ord. 295 §1, 2014; Ord. 315 §2, 2017; Ord. 323 §3, 2019)

(a)

There is hereby established a Board of Adjustment consisting of five members, each to be appointed by the Board of Trustees for two-year terms or the remaining term filled. The Board of Adjustment shall hear and decide appeals from and review any order, requirement, decision or determination made by the Building Commissioner. It shall also hear and decide all matters referred to it or upon which it is required to pass under this Chapter. The concurring vote of four members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision or determination of the Building Commissioner, or to decide in favor of the applicant any matter upon which it is required to pass under this Chapter, or to hear and decide any variance from this Chapter. Each decision of the Board of Adjustment shall be subject, however, to review by certiorari by the District Court of any county within which the property in question is located. An appeal may be taken by any person aggrieved, by any officer or department of the Town or by the Town itself.

(b)

Any appeal from the Building Commissioner to the Board of Adjustment shall be taken by filing with the Building Commissioner within a period of time to be established by the Board of Adjustment, but in no event more than 60 days, a written notice of appeal, specifying the grounds therefor. The Building Commissioner shall at once transmit to the Board of Adjustment all of the papers constituting the record upon which the action appealed from was taken. The Board of Trustees may establish by resolution from time to time the filing fee required to be paid in order to maintain such an appeal.

(c)

An appeal to the Board of Adjustment stays all proceedings in furtherance of the action appealed from unless the Building Commissioner certifies to the Board of Adjustment after the notice of appeal has been filed that, by reason of factors stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise 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 Building Commissioner, and on due cause shown.

(d)

The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, but in no event more than 90 days after the filing of a notice of appeal, and it shall decide the appeal within a reasonable period of time. At the hearing, all interested parties, including representatives of the Town, may be present and heard. 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, subject to the provisions of Subparagraph (a) of this Section.

(e)

Upon appeal in specific cases, where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this Article, the Board of Adjustment has the power to vary or modify the application of the regulations or provisions of this Article relating to the use, construction or alteration of buildings or structures, or to the use of land, so that the spirit of this Article is observed, public safety and welfare secured and substantial justice done. No variance shall be granted to modify any lot, road or other detail shown on the map attached to the ordinance codified herein nor shall any variance be granted that is consistent with the values set forth in Section 16-1 of this Chapter.

(f)

Any applicant, the Building Commissioner or any other person who is a party to the proceeding before the Board of Adjustment may seek judicial review of the decision of the Board of Adjustment in the manner provided by state law. The Town or any officer thereof may appeal any decision of the Board of Adjustment or of a reviewing court regardless of whether the Town or said officer was a party to the proceedings before the Board of Adjustment.

(Prior code IV-1-15; Ord. 194 §1, 1995; Ord. 293 §1, 2014; Ord. 295 §1, 2014; Ord. 315 §3, 2017)

This Chapter and the map attached to the ordinance codified herein may not be amended, nor may any lot or parcel of land described herein be subdivided except by the following procedure:

(1)

Public hearing. A public hearing shall be held to discuss and consider the proposed amendment, subdivision or other change. All citizens of the Town and other interested parties shall be given an opportunity to be heard.

(2)

Notice. At least15 days' notice of the time and place of such public hearing shall be published in an official newspaper of general circulation within the Town limits. If any lot or parcel of land is proposed to be subdivided or any detail shown on the zoning map is to be modified, a sign measuring at least four feet by four feet shall also be posted on such property, in a way as to be clearly readable from the nearest public road, at least15 days prior to the time of the public hearing, containing a brief notice of the proposed change and of the time and place of the public hearing.

(3)

Vote. Within a reasonable time following the public hearing, the Board of Trustees shall hold a meeting to act upon the proposed change. Any change or modification of this Chapter or the zoning map and any subdivision of any lots herein shall not become effective except by the favorable vote of three-fourths (¾) of all the Trustees.

(4)

Additional roads or junction of roads. No additional roads or portions of roads may be added in the Town nor any additional junctures or joinder of any existing road with any other road shall be permitted except upon notice as provided herein and the affirmative vote of three-fourths (¾) of all the Trustees.

(Prior code IV-1-16; Ord. 194 §1, 1995; Ord. 293 §1, 2014; Ord. 295 §1, 2014)

In interpreting and applying the provisions of this Chapter whenever this Chapter imposes a greater restriction upon the use of lands and/or construction of buildings or accessories than other building or zoning standards which have been adopted, then and in that event the provisions of this Chapter shall govern.

(Prior code IV-1-17; Ord. 194 §1, 1995; Ord. 293 §1, 2014; Ord. 295 §1, 2014)

(a)

Any person violating any provision of this Chapter shall be guilty of a petty offense, and upon conviction thereof shall be punished as set forth in Section 1-72 of this Code.

(b)

In lieu of or in addition to the foregoing penalty, the Building Commissioner or the Board of Trustees may pursue any other remedy at law or equity, including but not limited to injunctive relief, under the laws of the State for the enforcement of this Chapter. Such legal action or proceedings shall not prohibit the imposition of the penalties specified above.

(c)

Further, if after15 days' written notice a property owner fails or refuses to remove a nonconforming structure, vehicle in violation of Section 16-10, landscaping in violation of Section 16-12 or other structure or object in violation of this Chapter, the Building Commissioner may order any member of the Police Department to enter the premises of such owner and to take such steps as are reasonable to eliminate such violation.

(Prior code IV-1-18; Ord. 194 §1, 1995; Ord. 293 §1, 2014; Ord. 295 §1, 2014)