(a) Generally. Except as provided in subsection (b) below, the Board of Adjustment shall have the powers and authority concerning the application and enforcement of this Chapter as those powers are delegated to it by provisions of state law and by the specific provisions of this Chapter, including those contained in this Subsection (a):

(1)

Purpose. The Board of Adjustment shall hear and decide appeals from any order, requirement, decision or determination made by any administrative official charged with the enforcement of this Code. In addition, the Board of Adjustment shall hear and decide all requests for a variance from the requirements of this Code. Such variance shall not be granted if it would be detrimental to the public good, create a conflict with the Comprehensive Plan or impair the intent and purpose of this Code.

(2)

Appeal application.

a.

Any aggrieved person in interest may appeal a denial of a building or other development permit or any order, requirement, decision, interpretation or determination made by an administrative official charged with the enforcement of this Code.

b.

An appeal to the Board of Adjustment shall be made within ten (10) days after the denial of a building permit or other development permit, or receipt of a written notice of an order, requirement, decision, interpretation or determination by an administrative official of the Town. Failure to make a timely appeal shall be considered a waiver of the appellant's right to appeal to the Board of Adjustment.

c.

The appellant shall provide a written statement that demonstrates that the application of the order, requirement, decision or determination of the Town Manager or other authorized Town official being appealed would deprive the appellant of rights commonly enjoyed by other properties in the same zoning district under the terms of this Chapter. The applicant shall file, with the Town Clerk, a written notice of appeal on a form approved by the Board of Adjustment and pay the fee set by the current fee schedule.

d.

The Town Clerk shall forward a copy of the notice of appeal to the planning staff or other appropriate administrative officer, who shall prepare a record of the Town action that is being appealed for consideration by the Board of Adjustment.

e.

Set appeal public hearing and complete public notification process. The Town Clerk shall send notice of the Board of Adjustment public hearing by certified mail to the appellant. Notice of the public hearing date shall also be given to the planning staff or other appropriate administrative officer. The notice shall include the time and place of the public hearing, the nature of the hearing (the order, requirement, decision or determination being appealed) and the appellant's name. The Town Clerk shall also publish notice of the public hearing in a newspaper of general circulation no less than fifteen (15) days before the Board of Adjustment hearing. The hearing may be held no less than fifteen (15) days from the date of the newspaper publication.

f.

Board of Adjustment public hearing and action on appeal. The appeal and the staff-prepared record of the Town action being appealed shall be presented to the Board of Adjustment for its review and action. The Board of Adjustment shall hear and decide the appeal based upon the merits of the oral and written record presented during the public hearing. The Board of Adjustment, by order or resolution, may, in whole or in part, affirm, reverse or amend the order, requirement, decision, interpretation or determination appealed. The Board of Adjustment may impose reasonable conditions in its order to be complied with by the appellant in order to further the purposes and intent of this Chapter. The Board of Adjustment shall provide a written record of its findings and the Town staff shall use it to propose amendments that address future interpretation problems. The appellant shall be provided a copy of the Board of Adjustment's order or resolution by certified mail or personal delivery.

g.

Appeal criteria for approval. The Board of Adjustment, in hearing an appeal from an interpretation of this Chapter, shall consider:

1.

The technical meaning of the provision being appealed;

2.

Evidence of the manner in which the provision has been interpreted in the past;

3.

The positive or negative impact of the requested appeal on the achievement of stated Town development goals and objectives; and

4.

The intent of the provision in implementing the Comprehensive Plan.

(3)

Variance application.

a.

Any person in interest may apply to the Board of Adjustment for a variance from the literal interpretation of the provisions of this Chapter. The applicant shall pay the fees set by the current fee schedule. For a variance request, the applicant shall submit nineteen (19) copies, in D-ring binders, and three (3) CDs with all maps, legal descriptions and surrounding property owner information contained thereon, of the following to the Town Clerk:

1.

Land use application form.

2.

Variance - technical criteria form.

3.

Title commitment. The title commitment must be current and dated no more than thirty (30) days from the date of the variance application submittal.

4.

Explanation letter identifying the variance being requested, a citation of the portion of this Chapter from which relief is requested and explaining what exceptional condition, practical difficulty or unnecessary hardship exists to require the variance. The letter shall also address how the variance, if granted, will not be detrimental to the public good, create a conflict with the Comprehensive Plan or impair the intent and purpose of this Code.

5.

Map. Town staff will dictate map requirements based on the variance being requested. The map shall typically consist of a scale drawing depicting the property affected by the variance request, including but not limited to required or existing setbacks and proposed setbacks from adjacent lot lines or structures and any other information that will assist the Board of Adjustment in understanding the request.

6.

Surrounding property ownership report. Provide the Town Clerk with a current list, not more than thirty (30) days old, of the names and addresses of the surrounding property owners within three hundred (300) feet of the property, mineral estate owners and appropriate ditch companies. The property owner list should also be submitted on a CD in an Excel ^TM spreadsheet. The applicant shall certify that the report is complete and accurate.

b.

Set variance public hearing and complete public and referral agency notification. The Town Clerk shall set the date of the public hearings before the Board of Adjustment. The Town Clerk shall send notice of the variance public hearing by certified mail to the applicant, to all surrounding property owners of record within three hundred (300) feet of the property, unless such distance is modified by the Planning Director in accordance with Sec. 16-1-140(d)(2) of this Code, to mineral estate owners of record, to appropriate ditch companies and to the appropriate referral agencies no less than fifteen (15) days before the public hearing. The notice shall include the time and place of the public hearing, the nature of the hearing, the location of the subject property and the applicant's name. The Town Clerk shall also publish notice of the public hearing in a newspaper of general circulation no less than fifteen (15) days before the hearing. The hearing may be held no less than fifteen (15) days from the date of the newspaper publication. Not less than fifteen (15) days before the hearing, the applicant shall post signs on the property within one hundred (100) feet of each adjacent public street right-of-way bordering the property, at least once for every six hundred (600) feet of frontage or as otherwise approved by the Town. The applicant shall submit photos of the signs and a signed, notarized affidavit certifying that the property was posted on the required date and in the locations as approved by the Town prior to the public hearing. The applicant is responsible for ensuring that the posted signs remain in place and in legible condition until the public hearing is concluded and for removal of the signs after the public hearing is concluded. The signs shall be a minimum of three (3) feet by four (4) feet in size and shall state: "This property is under land use review by the Town of Mead. Call 970-535-4477 for further information." The signs shall have a white background with black and/or red lettering.

c.

Board of Adjustment public hearing and action on variance request. The variance request and the staff-prepared analysis of the variance request shall be presented to the Board of Adjustment for its review and action. The Board of Adjustment shall hear and decide the variance request based upon the compliance with criteria established below and the merits of the oral and written record presented during the public hearing. The applicant for a variance has the burden of proof to establish the necessary facts to warrant favorable action of the Board of Adjustment. No single decision of the Board of Adjustment sets a precedent. The decision of the Board of Adjustment shall be made on the particular facts of each case. The Board of Adjustment may, by written order, approve the variance, approve the variance with conditions or deny the variance.

d.

Post approval action. Any variance authorized shall be stated in writing with the justifications set forth as a formal "findings and order" of the Board of Adjustment and shall be prepared, signed and recorded with the County Clerk and Recorder at the expense of the applicant.

e.

Appeals of Board of Adjustment action on variance request. Any appeal of the decision of the Board of Adjustment may be made to the District Court as provided by law; provided, however, that such appeal must be made prior to thirty (30) days following the date of the final action taken by the Board of Adjustment, as provided by Rule 106, Colorado Rules of Civil Procedure.

f.

Variance criteria for approval. In order to grant a variance to this Chapter, the Board of Adjustment shall find that all the of following have been satisfied:

1.

That there are unique physical circumstances or conditions, such as irregularity, narrowness or shallowness of the lot, or exceptional topographical or other physical condition particular to the affected property.

2.

That, because of these unique physical circumstances or conditions, the property cannot be reasonably developed or used in compliance with the provisions of this Chapter.

3.

That, due to such unique physical circumstances or conditions, the strict application of this Chapter would create a demonstrated hardship.

4.

That the demonstrable hardship is not self-imposed.

5.

That the variance, if granted, will not adversely affect the proposed development or use of adjacent property or neighborhood.

6.

That the variance, if granted, will not change the character of the zoning district in which the property is located.

7.

That the variance, if granted, is in keeping with the intent of this Chapter.

8.

That the variance, if granted, will not adversely affect the health, safety or welfare of the citizens of the Town.

g.

The Board of Adjustment shall not grant a variance to this Chapter, which:

1.

Permits a land use not allowed in the zoning district in which the property is located;

2.

Is in the public right-of-way or on public property;

3.

Alters any definition of this Chapter;

4.

Is other than the minimum variance that will afford relief with the least modification possible to the requirements of this Chapter;

5.

Is based on physical conditions or circumstances of the property so general or recurring in nature as to reasonably make practicable the formulation of a general regulation to be adopted as an amendment to this Chapter; or

6.

Is based exclusively on findings of personal or financial hardship. Convenience, profit or caprice shall not constitute undue hardship.

(b)

Sign Regulations.

(1)

The Board of Trustees shall have the power and authority to hear appeals from the application of the Town's Sign Regulations, as codified in Article VII of this Chapter.

(2)

Appeals to the Board of Trustees may be brought by an aggrieved applicant, at the aggrieved applicant's option, by filing a notice of appeal with the Town within ten (10) business days after the date of the written decision appealed from.

(3)

The notice shall state the grounds for, and present argument and evidence in support of, the appeal.

(4)

The appeal shall be heard on the next available agenda of the Board of Trustees for which notice may be timely provided, but in any event not more than forty-five (45) days after the appeal is filed.

(5)

In considering the appeal, the Board of Trustees shall review the matter de novo; however, evidence that was not presented to the prior decision-maker shall not be introduced unless there is good and reasonable cause shown for the prior failure to introduce it.

(6)

Upon conclusion of the hearing, the Board of Trustees shall make findings of fact and grant the appeal; grant the appeal with conditions that are supported by the facts found, and necessary to assure compliance with Article VII; or deny the appeal. The decision shall be reduced to writing within five (5) business days and promptly thereafter provided to the applicant.

(7)

This Subsection (b) is an optional process for the applicant, and shall not be interpreted to limit an aggrieved applicant or other party with standing from seeking judicial review.

(Ord. 653 §1, 2009; Ord. 716 §7, 2012; Ord. 936, §19(Exh. A), 2020; Ord. 964, § 2(Exh. A), 2021)