A.

There is created a board of zoning adjustment to be known as "the Board of Zoning Adjustment of the Town of New Castle, Colorado," hereinafter referred to in this chapter as "board."

B.

The membership of the board shall consist of five residents of the municipality, each appointed for a three-year term by the town council.

C.

The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision, or determination of any administrative official of the town, or to decide in favor of the applicant any matter upon which it is required to pass under this title, or to effect any variation in this title. Every decision of such board shall be subject, however, to review by certiorari by the district court of Garfield County. Such appeal may be taken by any person aggrieved or by an officer, department, board, or bureau of the town.

(Prior code § 13-20-010)

The board shall hear and decide appeals from and review any order, requirement, decision, or determination made by any administrative official charged with the enforcement of this title. It shall also hear and decide all matters referred to it and the following matters as required under this title:

A.

Hear and decide applications for variances where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this title. The board has the power to vary or modify the application of the regulations or provisions of this title relating to the use, construction, or alteration of buildings or structures, or the use of land, so that the spirit of this title is observed, public safety and welfare secured and substantial justice done, provided the board finds that the following criteria, insofar as applicable, have been satisfied:

1.

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

2.

That, because of such physical circumstances or conditions, the property cannot reasonably be developed in conformity with the provisions of this title,

3.

That such unnecessary hardship has not been created by the applicant,

4.

That the variance, if granted, will not alter the essential character of the neighborhood or district in which the property is located nor substantially or permanently impair the appropriate use or development of adjacent property,

5.

That the variance, if granted, is the minimum variance that will afford relief and is the least modification possible of this title's provisions that are in question;

B.

Where feasible, the board may vary or modify the application of this title for the purpose of considering access to sunlight for solar energy devices;

C.

Hear and decide the proper application of unlisted uses or combinations of uses to a use group as provided in Chapters 17.16 through 17.68;

D.

Hear and decide the proper off-street parking requirements as provided in Chapter 17.76;

E.

Hear and decide such other matters as the town council may by ordinance provide.

(Prior code § 13-20-020)

In addition to any requirements the board may adopt by rule, the board shall conduct hearings and make decisions in accordance with the following requirements:

A.

Applications and notices of appeal to the board shall be submitted to the planner. The fee for variance applications and for notices of appeal shall be set by the town's fee schedule. Upon receipt of the application or notice of appeal and applicable application fee, the planner shall at once transmit to the board all the papers constituting the basis or record on which the application or notice of appeal was based. Appeals from decisions of any administrative official charged with enforcement of this title shall be taken within thirty (30) days of such order, requirement, decision or determination.

B.

The board shall set a hearing to be held within sixty (60) days of the date of the appeal, notify all involved parties (which in the case of a variance application shall include owners of property adjacent to the lot for which the variance is requested) of the hearing date by first class mail, and hear the application. Upon hearing, any party may appear in person or by agent or attorney.

C.

Within thirty (30) days from the date of the hearing, the board shall render its written decision. The board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and shall make such order, requirement, decision, or determination as in its opinion ought to be made in the premises and to that end has all the powers of the officer from whom the appeal is taken.

D.

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 after the notice of appeal has been filed with him or her 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 which case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board or by the district court of Garfield County on application, on notice to the officer from whom the appeal is taken, and on due cause shown.

(Ord. 2007-11 § B(23); prior code § 13-20-030)

(Ord. No. 2011-6, § 2, 7-5-2011)