Lamar City Zoning Code

(a)

The board of adjustment and appeals has been established and appointed to administer article VII pursuant to C.R.S. § 31-23-304. Members from the planning and zoning commission may serve on board of adjustment and appeals. However, city council liaison members are prohibited from serving on the board.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

(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)

Considering appeals from applicants or citizens in which the planning and zoning commission has rendered the final decision; and

(3)

Establishing a schedule of fees and charges as stated in section 30-11.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

(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 when serving as the board of adjustment and appeals:

(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.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

(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.

(5)

Variance requests that maintain existing building set back lines may be granted provided that the applicant can maintain the proposed improvement without injury of neighboring properties.

(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.

(e)

All variance applications shall provide any zoning development plan details required by the building official in accordance with section 30-12.

(f)

If the board of adjustment and appeals denies a variance, an applicant may modify their application and resubmit for consideration within 90 days after the final decision by the board.

State law reference(s)—The board of adjustment and appeals grants variances in harmony with its general purpose and intent and general or specific rules of the Code, C.R.S. § 31-23-301.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

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.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)