This Chapter shall be known and may be cited and referred to as "Lochbuie Land Use Regulations," or "this Chapter," or "these regulations."

(Ord. 629 §1(Exh. A), 2017)

This Chapter is authorized by C.R.S. Sections 31-15-101, et seq., 31-16-101, et seq., 29-20-101, et seq. and 24-67-101 et seq., 24-18-101, et seq.

(Ord. 629 §1(Exh. A), 2017)

This Chapter shall apply to all land and all land uses within the municipal boundaries of the Town of Lochbuie, Colorado. Use of any property within the Town for municipal purposes, including but not limited to water enterprise uses, sewer enterprise uses or any other municipal uses or purposes, shall be deemed a permitted use in all zoning districts. Any property owned or leased by the Town for municipal purposes shall not be subject to any site plan review or any use restrictions applicable to any zoning district in which said property is located, the intent being that property owned or leased by the Town for municipal purposes may be utilized by the Town without regard to such restrictions.

(Ord. 629 §1(Exh. A), 2017)

This Chapter is adopted to implement the recommendations of the Comprehensive Plan of the Town of Lochbuie, Colorado and is designed to lessen congestion in the streets; to secure safety from fire, panic, flood waters, and other damages; to promote health and general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewer, schools, parks; and to allow Lochbuie to achieve a higher level of economic prosperity and an improved quality of life. This Chapter is drawn with reasonable consideration, among other things, as to the character of the Town and neighborhoods and other areas of the Town regarding the suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate uses of land throughout the Town.

(Ord. 629 §1(Exh. A), 2017)

This Chapter is divided into separate Articles to address different aspects of these regulations. The headings of sections are for convenience only and are not intended to be used to interpret or give effect to any of the provisions of these regulations. If any section, Subsection, paragraph, clause, phrase or provision of this Chapter shall be adjudged invalid or held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder shall not be affected in whole or in part, other than the provision adjudged to be invalid or unconstitutional. In their interpretation and application, the provisions of this Chapter shall he held to minimum requirements adopted for the promotion of the public health, safety and welfare. Whenever the requirements of this Chapter are at variance with the requirements of any other lawfully adopted rules regulations or ordinances, the more restrictive, or that imposing the higher standard, shall govern.

(Ord. 629 §1(Exh. A), 2017)

(a)

This Chapter is adopted by Ordinance No. 629, and is effective on January 1, 2018.

(b)

All land use applications initiated on and after January 1, 2018, shall be reviewed pursuant to the review process and standards set forth in this Chapter, as amended by Ordinance No. 629, and effective on that date. All land use applications submitted for review prior to January 1, 2018, shall be reviewed pursuant to the process and under the criteria set forth in applicable portions of Chapters 15, 16 and 17 which were in force prior to that date. Such prior regulations are continued in force and effect for that limited purpose only. Upon approval or denial of all such remaining applications, the prior regulations shall be deemed repealed. In no event shall any resubmission of an application after its rejection or any development application filed after the effective date of these regulations be reviewed under any such prior regulations.

(Ord. 629 §1(Exh. A), 2017)

(a)

It shall be unlawful for any person to erect, construct, reconstruct, use or alter any building or structure or to use any land in violation of this Chapter. Any person who violates any provisions of this Chapter shall be deemed guilty of a municipal offense as provided in Chapter 1 Article IV. Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of the provisions of this Chapter are committed, continued or permitted.

(b)

In case any building or structure is proposed to be erected, constructed, reconstructed, altered, or used or any land is proposed to be used in violation of this Chapter, the Town, in addition to other remedies provided by law, may institute an appropriate action to prevent, enjoin, abate, or remove the violation to prevent the occupancy of the building, structure, or land, or to prevent any illegal act or use.

(c)

The Town may refuse to continue to process, or to approve, any application under this Chapter while the applicant therefor is subject to enforcement under this Section, with respect to any property within the Town.

(d)

Whenever necessary to make an inspection to enforce any provision contained within this Chapter or any condition or requirement of a permit or other land use approval issued pursuant to this Chapter, or whenever there is reasonable cause to believe that a violation of this Chapter or any permit or any other land use approval issued pursuant to this Chapter exists in any building or upon any real property within the jurisdiction of the Town, the Town Administrator, or designee, or the Town's Code Enforcement Officer, or a police officer may, upon presentation of proper credentials, enter such building or real property at all reasonable times to inspect the same or to perform any duty imposed upon him by the Lochbuie Municipal Code; provided, that if such building or real property is unoccupied, the authorized official shall first make a reasonable effort to locate the owner or other persons who have charge or control of the building or of the real property and request entry. If the entry is refused, or the owner cannot be located, the Town Administrator, designee, or the Code Enforcement Officer, or any police officer, is expressly authorized to obtain a search warrant pursuant to Rule 241(b)(2) of the Colorado Municipal Court Rules of Procedure in order to conduct and complete the inspection.

(e)

The Town is authorized to collect its costs of fees and enforcement of this Chapter. In the event the same are not paid, the Town may certify such costs and fees to the County Treasurer for collection in the same manner as taxes under C.R.S. Sections 31-20-105 and 31-20-106.

(f)

The remedies provided herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law.

(Ord. 629 §1(Exh. A), 2017)

(a)

Text amendments. The Board of Trustees may initiate text amendments to this Chapter. Private persons may not initiate text amendments. This Section does not affect citizen rights of initiative under the Colorado Constitution.

(b)

Map Amendments. Amendments to the zone districts map shall be pursuant to Section 19-2-170.

(Ord. 629 §1(Exh. A), 2017; Ord. 650 §3, 2020)

(a)

All land use activities as defined by this Chapter located within the Town of Lochbuie (the "Town") shall be subject to the provisions of these regulations and any other applicable regulations of the Town. Any landowner desiring to establish a land use requiring approval of the Town must obtain such approval prior to the establishment of the land use activity.

(b)

Conformity to use regulations. Except as hereinafter provided, no building, structure or property shall hereafter be used, and no building or structure shall be erected and no existing building or structure shall be moved, altered or extended nor shall any land, building or structure be used, designed to be used or intended to be used for any purpose or in any manner other than as provided for among the uses hereinafter listed in the district regulations for the district in which such land, building or structure is located. All buildings or structures must comply in all respects with the provisions of the building code adopted by the Town of Lochbuie.

(c)

Conformity to setback, bulk, site area and height provisions. Except as hereinafter provided, no building or structure shall be erected nor shall any existing building or structure be moved, altered or extended nor shall any open space surrounding any building or structure be encroached upon or reduced in any manner, except in conformity with the building site area, building bulk, building location and height provisions hereinafter provided in the district regulations for the district in which such buildings, structures or open space is located.

(d)

Lot area, yard, frontage, open space, and parking restrictions. Except as hereinafter provided, no lot area, yard, frontage, other open space or parking provided about any building for the purpose of complying with provisions of this Chapter shall be considered as providing lot area, yard, frontage, other open space or parking for any other building.

(Ord. 629 §1(Exh. A), 2017)

(a)

Site plan required. An approved site plan is a prerequisite to issuance of a building permit for any commercial/retail, institutional/civic/public, multi-family and industrial use within the Town.

(b)

Application. A complete site plan application shall conform to the submittal requirements in Appendix One.

(c)

Referral. In addition to review by Town Planner, Town Engineer, Traffic Engineer, etc., staff may refer the site plan materials to other agencies and service providers for comments.

(d)

Notice to adjacent landowners. Notice of the site plan application shall be given by first class mail to property owners within two hundred (200) feet of the subject property at least twenty (20) days prior to the Town Administrator's decision, giving the opportunity to comment on the application.

(e)

Improvement agreement. The Town Administrator may require that the applicant execute an improvement agreement to ensure the construction of on-site and off-site improvements as a condition of approval for the site plan.

(f)

Administrative action. The Town Administrator may approve, conditionally approve or deny the site plan based on the site plan review criteria. If the site plan is denied, the same request, or one that is substantially the same in the reasonable determination of the Town Administrator, may not be heard for a period of one (1) year from the date of denial, unless otherwise approved on appeal by the Board of Trustees. Any applicant may file a written appeal stating the reasons why the Town Administrator's action is incorrect. The applicant shall file the appeal with the Town Clerk within fourteen (14) days of the date on which such action was taken.

(g)

Appeals. The Board of Trustees shall consider any appeal within forty-five (45) days of the close of the fourteen-day appeal period; except that an appeal associated with a concurrent development application requiring Board review or approval shall be considered with final action on the concurrent development application. The Board of Trustees shall apply the site plan review criteria to uphold, modify or reverse the Town Administrator's decision.

(h)

Recording. Upon approval, the applicant shall have thirty (30) days to submit two (2) original Mylar drawings of the approved site plan to the Town Clerk for recording.

(i)

Site plan review criteria. In addition to all requirements of this Chapter, the site plan must meet the following review criteria:

(1)

All of the information required on a site plan is clearly shown and all associated materials have been submitted.

(2)

The site plan conforms to the Comprehensive Plan goals and policies and future land use map of the Town.

(3)

The lot size, lot dimensions and setbacks are consistent with what is shown on the approved final plat and the zone district requirements, as appropriate.

(4)

No buildings or structures infringe on any easements.

(5)

The proposed site grading is consistent with the requirements of any applicable adopted storm drainage criteria or master drainage plans.

(6)

The density and dimensions shown conform to this Chapter.

(7)

The applicable provisions of this Chapter have been adequately addressed and the proposed improvements conform to this Chapter.

(j)

Amendments to approved site plans are reviewed in the same manner as the original application.

(Ord. 629 §1(Exh. A), 2017)

(a)

Except as otherwise specified, any property owner may apply for approval of a land use pursuant to this Chapter.

(b)

Complete applications must be submitted at the point of initiation of the land use review process. A separate application is required for each phase of a subdivision or planned unit development review process. The application shall include all of the items identified in Appendix One for the type of approval sought. Incomplete applications will not be scheduled for review until a determination of completeness is issued.

(c)

The number of copies of the required application information are shown on Appendix One. All maps and reports shall bear suitable evidence of the professional qualifications of the person responsible for the preparation of the map or report. Engineering information must be certified by a professional engineer licensed in the State of Colorado. All required documents containing land survey descriptions and topographic maps must be certified by a professional land surveyor licensed in the State of Colorado.

(d)

Except as otherwise set forth in this Chapter for administrative review by the Town Administrator, land use applications are reviewed by the Board of Trustees, as shown on the Review Procedures Chart (Table 1.1), below.

(e)

The Board of Trustees shall consider all the evidence presented by the applicant and other interested parties, comments of review agencies, recommendations of the Town staff, and comments from the public.

(f)

The Board of Trustees may approve, approve with conditions, or deny an application. Conditions may be imposed on length of permit approval or other aspects of the activity designed to ensure compatibility with the standards of this Chapter and any policies or other adopted standards of the Town.

(g)

For those applications for which the Town Administrator has authority to review and render a decision, the Town Administrator shall approve, approve with conditions, or deny the application within thirty (30) days of determination that the application is complete.

(h)

The Town Administrator and the Board of Trustees may conduct, or require the applicant to conduct, such investigations, examinations, tests and site evaluations as they deem necessary to verify any information contained in the application. The applicant shall grant the Town permission to enter upon the land for these purposes. The applicant shall pay the Town for the cost of any such investigations, examinations or evaluations.

(i)

For applications for approval of telecommunication facilities, the Town will follow the federally-mandated deadlines for action in Section 19-7-240.

(j)

The following chart describes the review process for all land use approvals:

(Ord. 629 §1(Exh. A), 2017; Ord. 650 §§4, 5, 2020; Ord. 667 §2, 2021)

For all actions of the Town described in this Chapter requiring public hearings, public notice of the hearing shall be given conforming to the following requirements. The cost of all notices shall be borne by the applicant.

(a)

Notice shall be sent by first class mail to all property owners within two hundred (200) feet of the subject property at least fifteen (15) days in advance of the hearing. The applicant shall provide this notice, along with evidence it has been satisfied as part of the hearing record.

(b)

Notice of the hearing shall be published by the Town in a newspaper of general circulation within the Town at least fifteen (15) days in advance of the hearing.

(c)

A sign shall be posted by the applicant upon the subject property at least fifteen (15) days prior to the scheduled hearing date, and shall be of a size three (3) feet by four (4) feet, posted four (4) feet above natural grade, with lettering not less than two (2) inches in size, and shall state the date, time and location of the public hearing. The sign shall have a white background with black lettering.

(d)

Pursuant to C.R.S. Section 24-65.5-103, not less than thirty (30) days before the date scheduled for the first public hearing for a subdivision, rezoning, or conditional use application, the applicant shall provide notice of the pending application to the owners of the mineral estate. In the case of minor subdivisions, the notice shall be provided not less than thirty (30) days prior to final action by the Town Administrator on the application. Such notice shall be by certified mail, return receipt requested. The applicant shall provide this notice, along with evidence it has been satisfied as part of the hearing record.

(e)

All notices shall include:

(1)

A statement of the nature of the matter being considered;

(2)

The time, date and place of the public hearing;

(3)

The agency or office and phone number where further information may be obtained; and

(4)

The street address and a legal description of the subject property.

(Ord. 629 §1(Exh. A), 2017)

(a)

The preapplication conference is an opportunity for an applicant to meet with the Town Administrator and any other Town staff or consultants directed to attend by the Town Administrator to learn more about application requirements, review standards, and review procedures. The preapplication conference is required, unless waived by the Town Administrator. The preapplication conference does not substitute for any review process required by this Chapter. No land use application can be approved without the appropriate review by the Town Administrator, Board of Trustees, or as otherwise provided by this Chapter.

(b)

The applicant shall bring plans and drawings to the preapplication conference in order to adequately present the proposed land use application. The preapplication conference is intended to allow the mutual exchange of information and development concepts. Topics of discussion may include but not be limited to:

(1)

Characteristics of the site and surrounding area, including its location; significant natural and man-made features with particular attention to natural hazard, resource or other special areas; the size and accessibility of the site; surrounding development and land use; and existing zoning.

(2)

The nature of the development proposed, including land uses and their densities; the placement of proposed buildings and other improvements on the site; the location, type and method of maintenance of common open space or treatment of public use areas and internal circulation system, including trails and bicycle paths; the total ground coverage of paved areas and structures; and water and sewage treatment system proposed.

(3)

Community policy considerations, including degree of conformity of the proposed development with current Town policies; and the nature of the information, technical analysis, reports and certifications which are likely to be required of the applicant.

(4)

Any of the required submission requirements contained herein that may be considered inappropriate or not applicable to the proposal in question.

(5)

The stages of review and submittal requirements for the proposal.

(Ord. 629 §1(Exh. A), 2017; Ord. 650 §6, 2020)

The Town Administrator will review the application for completeness. If the application is incomplete, the applicant will be notified of the information needed to complete the application.

(Ord. 629 §1(Exh. A), 2017)

Upon a determination that the application is complete, the Town Administrator shall refer the application to appropriate external review agencies for comments as shown in the Review Procedures Chart, Section 19-1-215(k). The external review agencies shall have twenty (20) days from the date of their receipt of the application to return their comments and recommendations, unless a shorter period is permitted.

(Ord. 629 §1(Exh. A), 2017)

The Board of Trustees, Board of Adjustment, and Town Administrator shall maintain a record of their proceedings in the form of minutes, resolutions, ordinances, and memoranda of decision, as appropriate. The record shall include comments of the reviewing.

(Ord. 629 §1(Exh. A), 2017; Ord. 650 §7, 2020)

(a)

Land use approvals shall be valid for the following periods from the date of approval, unless otherwise stated in the record of decision:

(1)

Preliminary plat subdivision: twelve (12) months (may be extended by Board of Trustees);

(2)

Final plat subdivision: no expiration; provided plat is recorded within six (6) months of approval, or twelve (12) months if a timely request for extension is made within six (6) months.

(3)

Special use permit: one (1) year;

(4)

Site plan: three (3) years;

(5)

Conditional use permit: one (1) year;

(6)

Rezoning: No expiration;

(7)

Variance: one (1) year;

(b)

If, within the listed time period, no required subsequent application has been filed, or authorized use established or building permit issued or other development action taken, the approval shall expire. For good cause, the granting authority may grant a single extension of the approval for a time period not to exceed the amount of the initial approval's duration.

(Ord. 629 §1(Exh. A), 2017; Ord. 650 §8, 2020)

(a)

Purpose. The purpose of this Section is to provide the procedures necessary to implement the provisions of Article 68 of Chapter 24, C.R.S., which article establishes a vested property right to undertake and complete development and use of real property under the terms and conditions of a site specific development plan. Approval of a site specific development plan shall not constitute an exemption from or waiver of any other provisions of this Chapter pertaining to the development and use of property. Nothing in this Section is intended to create any vested property right, but only to implement Article 68 of Chapter 24, C.R.S., as amended. In the event of the repeal of said article or judicial determination that said article is invalid or unconstitutional, this Section shall be deemed to be repealed and the provisions hereof no longer effective.

(b)

Definitions. Unless modified in Article 7 of this Chapter, the terms used in this Section shall have the same meaning as set forth in C.R.S. Section 24-68-102.

(c)

Governing law.

(1)

Except as otherwise provided in this Section, an application for approval of a site specific development plan as well as the approval, conditional approval, or denial of approval of a plan shall be governed only by the duly adopted laws and regulations in effect at the time the application is submitted to the Town. For purposes of this Subsection, "laws and regulations" includes any zoning or development law of general applicability adopted by the Town as well as any zoning or development regulations that have previously been adopted for the particular parcel described in the plan and that remain in effect at the time of application for approval of the plan. In the event the application for a site specific development plan requires review and approval in multiple stages, "application" means the original application submitted at the first stage in any process that may culminate in the ultimate approval of a site specific development plan.

(2)

Notwithstanding this Section, the Town may adopt a new or amended law or regulation when necessary for the immediate preservation of public health and safety and may enforce such law or regulation in relation to applications for site specific development plans pending at the time such law or regulation is adopted.

(d)

Alternative creation of vested property rights. Vested right are created only by the final approval step prior to issuance of a building permit. If any applicant desires a different approval step to constitute an approval of a site specific development plan, the applicant must so request at least thirty (30) days prior to the date said approval by the Board of Trustees, is to be considered. Failure to do so renders the approval by the Board of Trustees, to not constitute an approval of a "site specific development plan" and no vested property right shall be deemed to have been created by such approval.

(e)

Conditions for approval of site specific development plan.

(1)

The Town may approve a site specific development plan upon such terms and conditions as may reasonably be necessary to protect the public health, safety and welfare, and failure to abide by such terms and conditions may, at the option of the Board of Trustees, after public hearing, result in the forfeiture of vested property rights. This Subsection shall be strictly construed. Terms and conditions imposed or agreed upon may include, without limitation:

a.

Future approvals by the Town not inconsistent with the original approval;

b.

Approvals by other agencies or other governments;

c.

Satisfactory inspections;

d.

Completion of all or certain phases of a project by certain dates;

e.

Waivers of certain rights;

f.

Completion and satisfactory review of studies and reports;

g.

Payment of fees to the Town or other governmental or quasi-governmental agencies as they become due and payable;

h.

Payment of costs and expenses incurred by the Town relating to the approval;

i.

Continuing review and supervision of the plan and its implementation and development;

j.

Obtaining and paying for building permits, water taps and wastewater taps;

k.

Compliance with other codes and laws, including building codes, of general applicability;

l.

Construction of improvements or facilities for the use of future inhabitants or the public at large;

m.

Payment of any applicable impact fees; and

n.

Dedication of public or park land, common area or open space, with provision for its maintenance; or payment of a fee in lieu thereof.

(f)

Duration and termination of vested property rights.

(1)

A property right which has been vested pursuant to this Section and Article 68 of Chapter 24, C.R.S., shall remain vested for a period of three (3) years. This vesting period shall not be extended by any amendments to a site specific development plan unless expressly authorized by the Town.

(2)

Notwithstanding the provisions of Subsection (f)(1) of this Section, the Town is authorized to enter into development agreements with landowners providing that property rights shall be vested for a period exceeding three (3) years where warranted in the light of all relevant circumstances including, but not limited to, the size and phasing of the development, economic cycles, and market conditions.

(3)

Following approval or conditional approval of a site specific development plan, nothing contained in this Section or Article 68 of Chapter 24, C.R.S., shall exempt such a plan from subsequent reviews and approvals by the Town to ensure compliance with the terms and conditions of the original approval, if such further reviews and approvals are not inconsistent with said original approval.

(g)

Waiver of vested property rights. An applicant may waive a vested property right by separate agreement, which shall be recorded in the office of the appropriate County Clerk and Recorder. Unless otherwise agreed to by the Town, any landowner requesting annexation to the Town shall waive in writing any preexisting vested property rights as a condition of such annexation.

(h)

Payment of costs. In addition to any and all other fees and charges imposed by this Chapter, the applicant for approval of a site specific development plan shall pay all costs incurred by the Town as a result of the site specific development plan review, including publication of notices, public hearing and review costs, when such costs are incurred apart and in addition to costs otherwise incurred by the Town or applicant for a public hearing relative to the subject property.

(Ord. 629 §1(Exh. A), 2017; Ord. 650 §9, 2020)

(a)

Each application shall be submitted with the fees described at Appendix Two for that application. The Board of Trustees, acting by resolution, may amend the fees in Appendix Two from time to time. The fees shall be considered the minimum for each type of application. To the extent the application fees do not provide sufficient funds to pay for outside professional services for the review of the application, the applicant will be charged the actual review costs. All fees shall be due and payable upon submission, and all additional fees will be due and payable at such time as a statement is presented to the applicant.

(b)

Recording and filing fees imposed by the Adams or Weld County Clerk and Recorder, as appropriate, and others, as a result of the application, shall be advanced by the applicant prior to the documents being tendered for recording.

(Ord. 629 §1(Exh. A), 2017)

(a)

The powers and authority granted by C.R.S. Section 31-23-307, to decide appeals of orders, requirements, decisions or determinations of the administrative officer or any other administrative official in the enforcement of this Chapter and to grant variances or modifications of this Chapter are hereby vested in the Board of Trustees which shall serve as the Board of Adjustment for the Town.

(b)

The Board of Trustees when acting as the Board of Adjustment shall have and exercise only the power to grant a variance from land use, building or construction ordinances of the Town only upon finding satisfaction of the criteria set forth in Section 19-1-340(b). When acting as the Board of Adjustment, the Board shall not have power to grant variances in the use of property or which would in any way constitute rezoning or reversal or modification of any zoning action or ordinance.

(Ord. 629 §1(Exh. A), 2017)

The Board of Adjustment shall have only the following powers:

(a)

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

(b)

To hear and decide appeals wherein there is a question regarding the interpretation of the official zoning map or a question regarding the interpretation of the zoning provisions of this Chapter; and

(c)

To hear and decide appeals for variances to the strict application of the zone district regulations of Article 2, Division 1 of this Chapter.

(Ord. 629 §1(Exh. A), 2017)

(a)

Appeals may be taken by any person aggrieved by inability to obtain a building permit, or by the decision of any administrative officer or agency based upon or made in the course of the administration or enforcement of the provisions of this Chapter. Appeals may also be taken by an officer, department, board or bureau of the Town affected by the grant or refusal of a building permit or by other decision of an administrative officer or agency based on or made in the course of the administration of this Chapter.

(b)

Application deadline. All appeals and variance applications must be received by the Town Clerk at least one (1) month before the date of the Board meeting at which such application shall be heard.

(c)

Appeal applications. All appeals from any order, requirement, decision or determination of the Town Planning or administrative staff related to this Chapter must be filed with the Town Clerk within thirty (30) days of the date of the order, requirement, decision or determination at issue.

(Ord. 629 §1(Exh. A), 2017)

(a)

Appeals of administrative decision. The Board of Adjustment's scope of review regarding an appeal of an administrative decision shall be limited to determining whether the decision by the administrative officer was in accordance with the intent and requirements of this Chapter. Accordingly, the Board of Adjustment will affirm or reverse the decision of the administrative officer.

(b)

Variance review criteria. Where by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of enactment of this Chapter, or by reason of exceptional topographic condition or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any zone district or special development regulation enacted under this Chapter would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the owners of such property, the Board of Adjustment may authorize a variance from strict application of these regulations so as to relieve such difficulties or hardship. In considering a variance application, the Board of Adjustment shall consider the degree to which the following criteria are present:

(1)

An exceptional condition, practical difficulty or unnecessary hardship exists to require the variance;

(2)

Such practical difficulties or unnecessary hardship has not been created by the applicant;

(3)

Does not allow a land use otherwise not permitted by the zoning district;

(4)

The variance, if granted, will not be detrimental to the public good;

(5)

The variance, if granted, will not create a conflict with the Comprehensive Plan;

(6)

The variance, if granted, will not impair the intent and purpose of this Chapter;

(7)

The variance, if granted, will not alter the essential character of the neighborhood or district in which the property is located;

(8)

The variance, if granted, shall not diminish the value, use or enjoyment of adjacent property; and

(9)

The variance, if granted, is the minimum variance that will afford relief and is the least modification possible of the provisions of this Chapter which are in question.

(Ord. 629 §1(Exh. A), 2017)

(a)

The Board of Adjustment shall complete its review and make its decision at the conclusion of the public hearing. Failure of a motion to approve an appeal or a variance shall conclusively be considered a denial of the same.

(b)

Board of Adjustment action on variances. The Board of Adjustment may decide to approve, approve with conditions, or deny a variance application. The concurring vote of four (4) members of the Board shall be required to grant any variance or to reverse any order, requirement, decision or determination of any administrative official. The majority vote of a quorum of the members of the Board of Adjustment shall be required for a decision of the Board of Adjustment for all other matters.

(c)

In granting a variance, the Board of Adjustment may impose conditions deemed necessary to protect affected property owners and to preserve the intent of this Chapter. Such conditions may include, but are not limited to:

(1)

Limitation on duration of the variance (expiration).

(2)

Making the variance personal to the applicant rather than running with the land.

(3)

Granting a lesser variance than requested.

(d)

The action of the Board of Adjustment shall be recorded with the applicable County Clerk and Recorder's office.

(Ord. 629 §1(Exh. A), 2017)