Monte Vista City Zoning Code

The Board of Adjustment (BOA) shall have the following powers and duties:

(1)

Appeals: To hear and decide appeals from and review of any order, requirement, decision or determination where it is alleged by the appellant that there is an error in any order, requirement, decision, or refusal made by any administrative official or agency of the City charged with the enforcement of this Chapter, any building codes adopted by reference by the City, or as jurisdiction is otherwise conferred by this Code. The Board may reverse, affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from.

(2)

Variance: The board of adjustment is the decision-making body for requests for variance from certain zoning requirements of this Code. The Board of Adjustment shall consider a request for variance based on the procedure set forth in Section 12-2-20, Variance Application Procedures.

(3)

To hear and decide whether a specific use is expressly permitted in a use group as specified in this Chapter.

(4)

To decide questions concerning the interpretation of this Chapter where any ambiguity or conflict exists or concerning the application of this Chapter to specific property.

(Ord. No. 927, § B, 6-6-2024)

(a)

It is the responsibility of the applicant(s) who are seeking a variance to demonstrate that strict enforcement of the zoning regulations will result in a hardship which is not derived by their own actions. A variance cannot be granted as a convenience to the property owner. A self-imposed hardship cannot serve as justification for a variance; i.e., if the hardship was self-created by the action or negligence of the applicant(s) or if the applicant(s) commenced work on a project without first obtaining required permits or had failed to inform themselves of permit requirements.

(b)

The hardship or difficulty must be stated as the reason a variance is necessary and must be particular to the zoning parcel in question and different from that of other area parcels, i.e., of the property. Other information may be required, such as topographic data, calculation of percentages of lot coverage, etc.

(c)

Reserved.

(d)

Floor plans and elevations of the existing and/or proposed structure(s)—may be preliminary.

(e)

A letter from the City Manager, City Planner, or City Clerk acknowledging that the applicant or agent has informed the City of its intent to apply for a variance. A preliminary assessment will then be made by the City Manager or City Planner.

(f)

A pre-application meeting with the City Manager, or City Planner is strongly encouraged prior to applying for a variance.

(g)

Variance application fee is as set forth in Appendix 2F, Consolidated Fee Schedule of the Monte Vista Municipal Code.

(Ord. No. 927, § B, 6-6-2024)

(a)

Appeals to the Board of Adjustment shall be taken within thirty (30) days from the act of the administrative official set forth in Section 12-2-10(1) of this Article. Any condition or any request for an extension of time based on just cause shall be filed within said thirty (30) days in order to be considered by the Board of Adjustment.

(b)

An appeal to the Board of Adjustment stays all proceedings and furtherance of action appealed from unless the officer from whom the appeal was taken certifies to the Board of Adjustment, after the notice of appeal, which was filed with him or her that, by reason of fact stated in a sworn affidavit, the stay would, in his or her opinion, cause imminent peril to life or property. In such case, the Board of Adjustment shall consider whether a stay should be entered and promptly make a decision upon the same.

(Ord. No. 927, § B, 6-6-2024)

The concurring vote of four (4) members of the Board of Adjustment shall be necessary to revoke any order, requirement, decision, or determination of any administrative official charged with the enforcement of this Chapter or to decide in favor of the applicant any matter upon which it is required to pass under this Chapter or to effect any variation in this Chapter.

(Ord. No. 927, § B, 6-6-2024)

(a)

The Board of Adjustment shall schedule a hearing forthwith after the application is received and reviewed by staff, give due notice thereof to the parties in the manner stated by its rules and the Monte Vista Municipal Code.

(b)

The hearing shall be conducted in accordance with Article 9 Chapter 2 of the Municipal Code. The applicant(s) shall appear at the hearing in person and/or by their agent or attorney.

(Ord. No. 927, § B, 6-6-2024)