The Board of Adjustment is hereby established.

(Ord. No. 680, § 1, 7-7-2015)

(a)

The Board of Adjustment shall consist of three members and a nonvoting secretary who shall be appointed by the Board of Trustees.

(b)

Not more than one member of the Board of Adjustment may be a current member of the Planning Commission or the Board of Trustees.

(Ord. No. 680, § 1, 7-7-2015)

(a)

Appointments to the Board of Adjustment shall be for a period of three years. However, when vacancies occur prior to the expiration of a regular term, they shall be filled in the same manner as regular appointments, but the member shall serve only until the expiration of the term in which the vacancy occurred.

(b)

In addition to the regular members of the Board of Adjustment, the Board of Trustees may appoint two alternate members for staggered three-year terms.

(c)

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 of Adjustment or any other cause, his or her place may be taken during such temporary disability by an alternate member who shall enjoy full voting privileges.

(Ord. No. 680, § 1, 7-7-2015)

The Board of Trustees shall have the power to remove any member of the Board of Adjustment for cause after an official public hearing in which the member shall have the right to counsel and to confront hostile witnesses.

(Ord. No. 680, § 1, 7-7-2015)

Members of the Board of Adjustment shall elect from among their members a Chairperson to serve for a term of one year.

(Ord. No. 680, § 1, 7-7-2015)

The concurring vote of two members of the Board of Adjustment shall be necessary to revoke any order, requirement, decision or determination of any administrative official charged with the enforcement of this Chapter or to decide in favor of the applicant any matter upon which it is required to pass under this Chapter or to effect any variation in this Chapter.

(Ord. No. 680, § 1, 7-7-2015)

(a)

The Board of Adjustment shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this Chapter, which rules shall also provide for meetings of the Board of Adjustment.

(b)

All meetings of the Board of Adjustment shall be open to the public.

(Ord. No. 680, § 1, 7-7-2015)

The Chairperson or, in his or her absence, the acting chairperson, may administer oaths and compel the attendance of witnesses by subpoena.

(Ord. No. 680, § 1, 7-7-2015)

The Board of Adjustment shall keep minutes of its proceedings showing the vote of each member upon each decision or, if absent or failing to vote, indicating such fact, all of which shall be a public record and immediately filed in the office of the Town Clerk/Administrator.

(Ord. No. 680, § 1, 7-7-2015)

The application for a variance shall be made on a form as provided by the Town. The application shall be submitted to the Town Clerk/Administrator, who shall be responsible for ensuring that a complete application has been submitted.

(Ord. No. 680, § 1, 7-7-2015)

(a)

Within 30 days after the Town Clerk/Administrator receives a completed application, the Board of Adjustment shall hold a public hearing to consider the application.

(b)

The public notices shall comply with Section 16-3-180 of this Article.

(c)

Either the applicant or his or her representative must be present at the public hearing to present the application. Non-appearance may justify the denial of the application.

(Ord. No. 680, § 1, 7-7-2015)

(a)

In granting or denying variances, the Board shall consider the following criteria and standards:

(1)

Whether there are unique physical circumstances or conditions, such as exceptional irregularity, narrowness or shallowness of a piece of property at the time of the ordinance codified in this Chapter, or whether there are exceptional topographic or other physical conditions or other extraordinary and exceptional situations or conditions peculiar to the affected property.

(2)

Whether the unusual circumstances or conditions exist throughout the neighborhood or district in which the property is located.

(3)

Whether the hardship has been created by the applicant.

(4)

Whether the grant of the requested variance will cause a significant hazard, annoyance or inconvenience to the owners or occupants of nearby property, significantly change the character of the neighborhood, reduce the value of nearby property, impose any significant cost burden upon the Town or create any significant obstacle to implementation of the zoning plan evidenced by this Chapter or by any master plan of the Town.

(5)

Whether the variance, if granted, will alter the essential character of the neighborhood or district in which the property is located, or substantially or permanently impair the appropriate use or development of adjacent property.

(b)

The Board of Adjustment shall also have the following duties:

(1)

To hear and decide such other special questions not inconsistent with the regulations contained in this Chapter, upon which the Board of Adjustment is authorized by resolution of the Town.

(2)

To hear and decide whether a specific use is expressly permitted in a use group as specified in Article 5 of this Chapter.

(3)

To decide questions concerning the interpretation of this Chapter where any ambiguity or conflict exists or concerning the application of this Chapter to specific property.

(c)

The Board of Adjustment shall render written decisions accompanied by findings of fact and conclusions based thereon.

(Ord. No. 680, § 1, 7-7-2015)

(a)

Appeals to the Board of Adjustment may be taken by any person aggrieved by any administrative decision based upon or made in the course of the administration or enforcement of the provisions of this Chapter.

(b)

Appeals to the Board of Adjustment may also be taken by any officer, department, board or bureau of the Town affected by any decision of an administrative officer or agency based on or made in the course of the administration or enforcement of the provisions of this Chapter.

(c)

Appeals pursuant to Subsection (a) above must be filed with the Town Clerk Administrator within 30 days of any administrative decision.

(Ord. No. 680, § 1, 7-7-2015)

An appeal stays all proceedings and furtherance of the action appealed from, unless the officer from whom the appeal was taken certifies to the Board of Adjustment after the notice of appeal which was filed with him or her that, by reason of fact stated in the certificate, the stay would, in his or her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed, other than by restraining order which may be granted by the Board of Adjustment or by a court of record on application, on notice to the officer from whom the appeal was taken and on due cause shown.

(Ord. No. 680, § 1, 7-7-2015)

The Board of Adjustment shall hold hearings and provide notice of such hearings according to the provision of Section 16-2-170 of this Chapter. Upon hearing, any party may appeal in person or by his or her agent or attorney.

(Ord. No. 680, § 1, 7-7-2015)

(a)

Any person applying to the court for a review of any decision made under the terms of this Chapter shall apply for review within 30 days after the date of decision and shall be required to pay the cost of preparing a transcript of proceedings.

(b)

The application for review shall be in the nature of certiorari under Rule 106(a)(4) of the Colorado Rules of Civil Procedure.

(c)

The Town or Board of Adjustment shall be entitled to appeal any decision of the District Court under Rule 106 proceedings.

(Ord. No. 680, § 1, 7-7-2015)