(a)

It is the intent of this article that all questions of interpretation and enforcement shall be first presented to the administrative official, that such questions shall be presented to the board of adjustment and appeals only on appeal from the decision of the administrative official and that recourse from the decisions of the board of adjustment and appeals shall be to the courts as provided by law.

(b)

It is further the intent of this article that the duties of the city council in connection with this article shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this article and this chapter. Under this chapter, the city council shall have only the duties of:

(1)

Considering and adopting or rejecting proposed amendments, or the repeal of this chapter, as provided by law; and

(2)

Establishing a schedule of fees and charges as stated in section 30-731.

(Code 2000, § 16-20-10; Ord. No. 839, § 1100.01, 1986)

(a)

The board of adjustment and appeals shall administer the details of appeals or other matters referred to it regarding the application of this chapter.

(b)

The board of adjustment and appeals shall have the following specific powers:

(1)

To hear and decide on appeals where it is alleged that there is error in any order, requirement, decision or determination made by the administrative official in the enforcement of this chapter;

(2)

To interpret the provisions of this chapter in such a way as to carry out the intent and purposes of the adopted comprehensive city plan, and as shown upon the zoning district map fixing the several districts accompanying and made a part of this chapter, where the street layout actually on the ground varies from the street layout as shown on the zoning district map;

(3)

To permit a variation in the yard requirements of any district where there are practical difficulties or unnecessary hardships in the carrying out of these provisions due to an irregular shape of the lot or topographical or other conditions, provided that such variation will not seriously affect any adjoining property or the general welfare, or where variations may be permitted which allow unusual arrangement on the lot and still clearly and unmistakably accomplish the intent of this chapter; the board must find that the granting of such variance will not merely serve as a convenience to the applicant, but will alleviate some demonstrable or unusual hardship or difficulty; and

(4)

To hear and grant variances to district zoning regulations in accordance with the detailed requirements of the individual zone.

(Code 2000, § 16-20-20; Ord. No. 839, § 1100.02, 1986; Ord. No. 915, § 4, 1993)

Appeals to the board of adjustment and appeals may be taken by any person aggrieved, or by any officer, department, board or bureau of the city affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the board, by filing with the officer from whom the appeal is taken and with the board of adjustment and appeals a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of adjustment and appeals, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate, a 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 a restraining order, which may be granted by the board of adjustment and appeals or by a court of record, on application or notice to the officer from whom the appeal is taken, and on due cause shown. The board of adjustment and appeals shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person, by agent or by attorney.

(Code 2000, § 16-20-30; Ord. No. 839, § 1100.03, 1986)

(a)

No variances shall be authorized by the board of adjustment and appeals unless it finds that:

(1)

The strict application of this chapter would produce undue hardship;

(2)

Such hardship is not shared generally by other properties in the same zoning district and the same vicinity;

(3)

The authorization of such variance will not be of substantial detriment to adjacent property, and the character of the district will not be changed by the granting of the variance; and

(4)

The granting of such variance is based upon reasons of demonstrable and exceptional hardship as distinguished from variations for purposes of convenience, profit or caprice.

(b)

No variance shall be authorized unless the board of adjustment and appeals finds that the condition or situation of the property concerned, or the intended use of the property, is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to this chapter.

(c)

The board of adjustment and appeals shall also find that the variance, if granted, is in harmony with the intended spirit and purpose of this chapter, and does not constitute a direct and obvious amendment to the district regulations or district boundaries.

(d)

Every variance granted or denied by the board of adjustment and appeals shall be accompanied by a written finding of fact, based on testimony and evidence and specifying the reason for granting or denying the variance, a copy of which shall be filed in the office of the city clerk, to be available for public inspection.

(Code 2000, § 16-20-40; Ord. No. 839, § 1100.04, 1986)

State Law reference— Board of adjustment grant variances in harmony with their general purpose and intent and general or specific rules of the Code, C.R.S. § 31-23-301.

Special exceptions to the provisions of this chapter shall be as defined herein. All applications and requests for special exceptions shall be referred to, and considered by, in the first instance, the planning and zoning commission.

(Code 2000, § 16-20-50; Ord. No. 839, § 1100.05, 1986; Ord. No. 915, § 5, 1993; Ord. No. 1022, § 1, 2000)

Exceptions to this chapter shall be made by special use permit after the request has been duly advertised and a public hearing held as required by law.

(Code 2000, § 16-20-60; Ord. No. 839, § 1100.05.01, 1986)

Prior to review of the request of an exception by the planning and zoning commission, the applicant shall:

(1)

File an application on forms provided by the city;

(2)

File with the application a statement certifying that the applicant is the lawful owner of the real estate upon which the excepted use is proposed or that he or she has the lawful right to receive a conveyance thereof if the application is granted; and

(3)

File a form of declaration of restrictions, indicating use which is to be made by the legal owner if the application is granted. Said restrictions must show that use of the land will be solely that which was applied for as an excepted use. The restriction must provide that, if such use is abandoned or is proposed to be changed, the subsequent use shall be in conformity with the zoning restrictions in effect as to the land prior to authorization of the exception, unless a new application for an excepted use is made and granted.

(Code 2000, § 16-20-70; Ord. No. 839, § 1100.05.02, 1986; Ord. No. 915, § 6, 1993; Ord. No. 1022, § 1, 2000)

A plot plan shall be filed with the application showing the following:

(1)

The legal dimension of the tract to be used;

(2)

The location of all proposed improvements, including curb cut access, off-street parking and other such facilities as the applicant proposes to install;

(3)

Grade elevations;

(4)

Building setbacks from all property lines;

(5)

Front, side and rear elevations of all improvements to be erected;

(6)

Such perspective drawings of the proposed improvements, in such detail as the planning and zoning commission may require, as will clearly show the finished appearance of the proposed improvements;

(7)

Location and type of planting, screening or walls; and

(8)

Such other items as the planning and zoning commission shall deem reasonably necessary to process the application properly.

(Code 2000, § 16-20-80; Ord. No. 839, § 1100.05.03, 1986; Ord. No. 915, § 6, 1993; Ord. No. 1022, § 1, 2000)

In considering any application for an exception under this chapter, the planning and zoning commission shall give consideration to the comprehensive plan of the city, and the health, safety, morals, comfort and general welfare of the inhabitants of the city, including, but not limited to, the following factors:

(1)

The stability and integrity of the various zoning districts;

(2)

Conservation of property values;

(3)

Protection against fire and casualties;

(4)

Observation of general police regulations;

(5)

Prevention of traffic congestion;

(6)

Promotion of traffic safety and the orderly parking of motor vehicles;

(7)

Promotion of the safety of individuals and property;

(8)

Provision for adequate light and air;

(9)

Prevention of overcrowding and excessive intensity of land uses;

(10)

Provision for public utilities and schools;

(11)

Invasion by inappropriate uses;

(12)

Value, type and character of existing or authorized improvements and land uses;

(13)

Encouragement of improvements and land uses in keeping with overall planning; and

(14)

Provision for orderly and proper urban renewal, development and growth.

(Code 2000, § 16-20-90; Ord. No. 839, § 1100.05.04, 1986; Ord. No. 915, § 6, 1993; Ord. No. 1022, § 1, 2000)

(a)

Exceptions may be authorized and special use permits granted by the planning and zoning commission only in those zones and for those activities which are specifically authorized by the individual zone regulations.

(b)

Exceptions and special use permits for automobile wrecking yards, junkyards and scrap processing yards shall be subject to the following:

(1)

They shall be located on a tract of land at least 300 feet from a residential district zone.

(2)

The operation shall be conducted wholly within a noncombustible building or within an area completely surrounded on all sides by a fence, wall or hedge. The fence, wall or hedge shall be of uniform height, at least six feet high, and uniform texture and color, and shall be so maintained by the proprietor as to ensure maximum safety to the public and preserve the general welfare of the neighborhood. Fencing materials shall be limited to those which have been specifically manufactured for fencing use and shall be subject to review and approval by the city prior to installation. The fence, wall or hedge shall be installed in such a manner as to retain all scrap, junk or other material within the yard.

(3)

No junk shall be loaded, unloaded or otherwise placed, either temporarily or permanently, outside the enclosed building, hedge, fence or wall, or within the public right-of-way.

(4)

Burning of paper, trash, junk or other waste materials shall be permitted only after approval of the fire department. Said burning, when permitted, shall be done during daylight hours only.

(5)

Any other requirement deemed appropriate and necessary by the planning and zoning commission for the protection of the general health and welfare.

(6)

Special use permits granted under this article shall be subject to annual review and renewal by the planning and zoning commission.

(Code 2000, § 16-20-100; Ord. No. 839, § 1100.05.05, 1986; Ord. No. 915, § 6, 1993; Ord. No. 1022, § 1, 2000)

(a)

In making any decision varying or modifying any provisions of this chapter, the board of adjustment and appeals shall impose such restrictions, terms, time limitations, landscaping, improvement of off-street parking lots and other appropriate safeguards as required to protect adjoining property.

(b)

In making any decision recommending the grant of a special exception to the district regulations, the planning and zoning commission shall impose such restrictions, terms, time limitations, landscaping, improvement of off-street parking lots and other appropriate safeguards as required to protect adjoining property.

(c)

In lieu of actual construction of any required improvements imposed in respect of variances or special exceptions, the board of adjustment and appeals and the planning and zoning commission may accept, in the name of the city, a corporate surety bond, cashier's check, escrow account or other like security in an amount to be fixed by the city, and conditioned upon actual completion of such improvement, within a specified time, and the city council may enforce such bond by all equitable means. Bonds or other security shall be filed with the city clerk.

(Code 2000, § 16-20-110; Ord. No. 839, § 1100.06, 1986; Ord. No. 915, § 7, 1993; Ord. No. 1022, § 1, 2000)

After consideration of any application or request for allowance of a special exception pursuant to this chapter, the planning and zoning commission shall forward its recommendation upon such application for approval, approval with modifications and requirements, or denial, to the board of adjustment and appeals for final action upon such requests. The final recommendation of the planning and zoning commission shall be binding upon the board of adjustment and appeals, and such recommendation shall not be modified, changed, amended or otherwise rejected by the board of adjustment and appeals, without further recommendation of the planning and zoning commission.

(Code 2000, § 16-20-120; Ord. No. 915, § 8, 1993; Ord. No. 1022, § 1, 2000)

Any person, or an officer, department, board or bureau of the city, aggrieved by any decision of the board of adjustment and appeals, may seek review by a court of record of such decision in the manner provided by state law.

(Code 2000, § 16-20-130; Ord. No. 839, § 1000, 1986; Ord. No. 1022, § 1, 2000)