This Chapter identifies the roles, duties, and responsibilities of the Board of Adjustment and Town Staff in the administration of this FDC.

A.

Established. The Board of Adjustment is hereby established. The powers, duties and responsibilities provided by Section 31-23-307(1), C.R.S., as amended, are hereby vested in the Planning and Zoning Commission, which shall serve and act as the Board of Adjustment for the Town.

B.

Review and decision-making responsibilities. The Board of Adjustment shall have the review and decision-making responsibilities set forth in Table 7.1-1.

C.

Appointments, membership, and rules.

1.

Members and appointment of members.

a.

The Board of Adjustment shall consist of five (5) regular members who shall be appointed by the Board of Trustees.

b.

In addition to the regular members of the Board of Adjustment, the Board of Trustees may appoint two (2) alternate members. 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 place may be taken during such temporary disability by an alternate member who shall then enjoy full voting privileges.

2.

Terms.

a.

Appointments to the Board of Adjustment shall be for staggered three-year terms, except that, when vacancies occur prior to the expiration of a regular term, they shall be filled in the same manner as regular appointments but shall serve only until the expiration of the term in which the vacancy occurred.

b.

Alternate members, shall be for staggered three (3) year terms.

3.

Chairman and vice-chairman. Members of the Board of Adjustment shall elect from among their members by a majority vote a chairman and vice-chairman, each to serve for a term of one (1) year.

4.

Removal from office. The Board of Trustees shall have the power to remove any member from the Board of Adjustment for just cause after a Public Hearing.

5.

Number of votes required for case approvals. The concurring vote of four (4) members of the Board of Adjustment shall be required to approve variances and to overturn decisions made by the Director or other Town Staff presented to the Board of Adjustment. Any other matters shall require a majority vote of the members present at the time of the vote.

6.

Rules of conduct. The Board of Adjustment shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this FDC. Hearings shall be held at the call of the chairman, vice-chairman, or Director and at such other times as the Board of Adjustment may determine. The chairman, or in his absence the vice-chairman, may administer oaths and compel the attendance of witnesses. All hearings shall be open to the public.

7.

Records. 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 that. It shall keep records of its examinations and other official actions, all of which shall be a public record maintained in the office of the Town Clerk.

(Ord. 982 Att., 2020; Ord. No. 1047, § 4, 8-25-2024)

A.

Appointment and confirmation. Appointments to Board of Adjustment within the scope of this FDC shall be made and confirmed by the Board of Trustees in accordance with the rules adopted by the Board of Trustees.

B.

Conduct. This Section sets forth procedures that are common to the Board of Adjustment.

1.

Absence of member. Any member of the Board of Adjustment under this Chapter anticipating an absence from a meeting of the Board of Adjustment shall so advise the chair or secretary prior to the hearing.

2.

Agenda. The agenda for each meeting of the Board of Adjustment under this Chapter shall be prepared by the secretary and shall be distributed to each member at least twenty-four (24) hours prior to the hearing, except for special hearings.

3.

Quorum-Official action.

a.

A majority of the full membership of the Board of Adjustment shall constitute a quorum for the transaction of business.

b.

Action by the Board of Adjustment shall require the favorable vote of a majority of the fully constituted board. The fully constituted Board of Adjustment shall include all members not excused for conflict of interest in the Board of Adjustment action.

4.

Meetings open to public.

a.

All hearings of the Board of Adjustment under this Chapter shall be open to the public except as otherwise provided in paragraph b. below. Except when voice votes are authorized, the vote shall be conducted in such a manner that the public may know the vote of each person entitled to vote. This Section does not apply to any votes required to be taken to organize the Board of Adjustment.

b.

A Board of Adjustment may at any time go into executive session from which the general public may be excluded by a vote of the majority of the members taken at a public hearing. No subjects may be considered at the executive session except for those mentioned in the motion calling for an executive session unless auxiliary to the main question. No action may be taken at the executive session, except to give direction to an attorney or labor negotiator regarding the handling of a specific legal matter or pending labor negotiations. Only the following subjects may be discussed at an executive session:

i.

Matters, the immediate knowledge of which would clearly have an adverse effect upon the finances of the government unit;

ii.

Subjects that tend to prejudice the reputation and the character of any person, provided the person may request a public discussion;

iii.

Matters that by law are required to be confidential; and

iv.

Matters involving consideration of government records that by law are not subject to public disclosure.

5.

Reconsideration or Rehearing of Decisions. Decisions of the Board of Adjustment under this Chapter may be brought up for reconsideration or rehearing only if:

a.

There was substantial procedural error in the original proceeding;

b.

The Board of Adjustment acted without jurisdiction in the original proceeding; or

c.

The original decision was based upon fraud or misrepresentation.

Any person seeking reconsideration or a rehearing must file a request with the Town Clerk, together with materials supporting one (1) or more of the grounds stated in this Subsection, within fifteen (15) days of the original decision. The Board of Adjustment, by majority vote, may schedule a rehearing only if it finds the allegations to be correct. A rehearing shall be conducted in the same manner as the original proceedings before the Board of Adjustment.

6.

Removal of member. A member of the Board of Adjustment under this Chapter may be removed from office in the following circumstances:

a.

If the member is found to have participated in any matter with a conflict of interest therein;

b.

If the member fails to meet the attendance requirements set forth in the adopted rules and regulations for the applicable body; If the office becomes vacant; or

c.

If the Board of Trustees finds that a member's conduct is contrary to the intent or duty of that position; a member's conduct and/or action is contrary to goals and objectives of the Board of Adjustment; or a member's conduct may jeopardize the finances of the Town.

7.

Representatives. Persons appearing before the Board of Adjustment may appear in person or through a representative, agent, or attorney. The representative shall provide satisfactory proof of his or her authority upon the request of the Board of Adjustment.

8.

Secretary. A secretary shall be appointed for the Board of Adjustment in this Chapter. The secretary shall have a record kept of all meetings and shall keep such files as may be required.

9.

Applicability of other provisions. The provisions of this Chapter shall not be a limitation on more restrictive rules regarding the conduct of the board set forth elsewhere in the Town Municipal Code.

(Ord. 982 Att., 2020)

A.

Review and decision-making responsibilities. Town departments shall have the review and decision-making responsibilities set forth in Table 7.1-1, to be carried out in accordance with the terms of this FDC.

B.

Other powers and duties. The departments also shall have such additional powers and duties as may be set forth elsewhere in this FDC and other ordinances of the Town. The following departments have the general responsibilities set forth below.

1.

Planning and Development Department. The Planning and Development Department consists of the Planning Division and the Building Division. Both divisions serve under the Director. The staff of the Planning and Development Department shall act in an advisory and support capacity to the Board of Trustees and the boards and commissions listed in this Chapter and within the Town's Municipal Code.

a.

Planning Division—Director. The Director shall have the following specific responsibilities under this FDC:

i.

Review of all applications under this FDC in coordination with Town Staff and departments.

ii.

Interpretation and enforcement of this FDC. Appeals from a decision of the Director shall be presented in writing by the Appellant to the Director who shall forward such appeal with all pertinent information to the Board of Adjustment for hearing.

iii.

The Director is not permitted to make changes, vary, or grant an exception to the actual meaning of any clause, order or regulation contained in this FDC to any person making application to construct, move, alter or use a building, a structure, or land, unless specifically authorized under Section 16.7.8.

b.

Building Division—Chief Building Official. The Chief Building Official shall have the following specific responsibilities under this FDC:

i.

The power to make inspections of buildings and premises to carry out the duties of the enforcement of this FDC, subject to special provisions where stipulated in this FDC.

ii.

The issuance of building permits and certificates of occupancy.

2.

Town Engineer. The Town Engineer shall act in an advisory and support capacity to the Board of Trustees.

a.

Town Engineer. The Town Engineer or designee shall have the following specific responsibilities under this FDC:

i.

Review of all applications under this FDC in coordination with Town Staff and departments.

ii.

Review and coordination of all applications under the Town's Standards and Specifications for Design and Construction of Public Improvements; and Flood Plain Regulations.

iii.

Review and coordination of all applications for water acquisition.

iv.

The power to inspect public improvements and carry out the duties of the FDC.