The purpose of this Article is to provide standards for variances to this Chapter and to detail the responsibilities and authority of the Board of Adjustment. Because of the limited population and difficulty in finding participants, the Board of Trustees shall act as the Board of Adjustment. Appeals from the Board of Trustees acting as the Board of Adjustment may be made to the County District Court pursuant to the Colorado Rules of Civil Procedure.

(Ord. No. 07-2009, Art. X, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)

(a)

The Board of Adjustment is authorized in specific cases, in accordance with procedures provided herein, to grant variances to the strict application of this Chapter as it applies to the following:

(1)

Minimum front yard.

(2)

Minimum side yard.

(3)

Minimum rear yard.

(4)

Minimum lot area.

(5)

Minimum off-street parking area.

(6)

Minimum off-street loading area.

(7)

Minimum open space.

(8)

Accessory structure size.

(9)

Accessory structure height.

(10)

Accessory structure setbacks.

(11)

Minimum separation between the accessory structure and principal building.

(12)

Number of storage/utility sheds per lot.

(13)

Number of accessory structures per lot.

(14)

Height of front yard fences.

(15)

Telecommunications facilities.

(16)

Maximum building height.

(17)

Fencing standards.

(b)

A variance shall also be granted if, due to an irregular, narrow, shallow or steep lot or other physical situation or condition of the building or land, practical difficulty or unnecessary hardship which has not been self-imposed would deprive the owner of the property of the reasonable use of the land or building involved.

(c)

Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under the terms of this Chapter, or expressly or implicitly prohibited by this Chapter in such zoning district.

(d)

Upon receipt of a completed application for a variance, the Town Clerk shall set a hearing before the Board of Adjustment, to be held within 30 days. Notice of such hearing shall be provided to adjoining property owners by first-class mail, postage prepaid, or personal service ten days prior to the date of the hearing.

(Ord. No. 07-2009, Art. X, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)