The planning commission is authorized:

A.

To hear and decide appeals for special use permits required by the terms of this title;

B.

To hear and decide appeals from refusal of the zoning administrator to issue zoning permits and appeals from his or her issuance of a stop order, when noncompliance with the provisions of this title are the grounds for the action of the zoning administrator;

C.

To hear and decide appeals for a variance from the strict application of these zoning regulations. Both the planning commission and the zoning board of adjustment are authorized:

1.

To receive testimony under oath and make such studies and surveys as are required to carry out the duties herein outlined,

2.

To request information or opinions from any administrative officer of the municipality or any other person or persons considered expert on the matter,

3.

To attach such requirements, conditions and/or reviews to actions on application presented to it as it feels necessary to carry out the intent and purposes of this title,

4.

To present to the planning commission such suggestions for amendment of this title as it deems necessary to clarify the intent and purpose or improve any article or paragraph on which the zoning board of adjustment has occasion to rule.

(Ord. 411 (part), 1991; Ord. 322 § 9.1, 1991)

Appeal to the zoning board of adjustment or planning commission may be made in writing at any time, but if for relief from any action by the zoning administrator, must be made within thirty (30) days from the date on which any person, firm or corporation was aggrieved by an action of the zoning administrator. Notice of such appeal shall be filed with the zoning administrator, and he or she shall transmit said appeal to the secretary of the board within fifteen (15) days, along with all paper constituting the record upon which the action appealed from was taken and a written statement indicating his or her findings of fact and his or her reasons for the action for which appeal is made.

(Ord. 322 § 9.2, 1991)

Accompanying such application shall be a fee of twenty-five dollars ($25.00) plus the cost of legal advertising which costs must be paid and a receipt therefor be presented to the commission secretary before the hearing for said application is scheduled. Fees are to be made payable to the town of Ordway. Under no conditions shall such sum or any part thereof be refunded.

(Ord. 322 § 9.4, 1991)

All action of the board of adjustment or planning commission shall be taken at public hearings, notice of which has been given by the secretary of the board or planning commission no less than fifteen (15) days before the date set for such action in the following fashion:

A.

Such notice shall give the time, date and place of the hearing, a brief description of the appeal, and the legal description and street address of such property and be published in a newspaper of general circulation.

B.

Such notice shall also be sent certified mail to the parties involved no less than fifteen (15) days from the hearing date.

(Ord. 322 § 9.5, 1991)

Before granting a special use permit, the planning commission shall find in writing based upon evidence and testimony that all of the following conditions do in fact exist:

A.

The requested use is a use listed as a use by review in the district in which the parcel is located;

B.

The granting of the special use permit will not substantially modify the land use plan or the intent, purpose and spirit of this title;

C.

The special use proposal incorporated reasonable means to create an environment harmonious with that of the surrounding properties;

D.

The special use will not adversely affect the public health, safety or welfare.

E.

Special use applications for the construction of projects with any affordable housing included in the proposal for deed restricted units under one hundred (100) percent AMI for homeownership or under sixty (60) percent AMI for rentals shall be expedited through the review process and a final decision rendered by the town within ninety (90) days of a complete development application being received. An applicant can opt out of expedited review by notifying the town at the time of the application.

(Ord. 411 (part), 1991; Ord. 322 § 9.6, 1991)

(Ord. No. 559, § 3, 7-7-2025)

Before granting an appeal from actions of the zoning administrator, the zoning board of adjustment shall find in writing based on evidence and testimony that all of the following conditions do in fact exist:

A.

The granting of the appeal will permit only those uses listed in the zone district which the parcel is located;

B.

The action of the zoning administrator was arbitrary, capricious or not in harmony with the provisions, purposes, intent and spirit of this title.

(Ord. 322 § 9.7, 1991)

Before granting a variance, the zoning board of adjustment shall find in writing based upon evidence and testimony that all of the following conditions do in fact exist:

A.

The variance, if granted, will permit only those uses listed as a use permitted in the zone district in which the parcel is located;

B.

The parcel for which the variance appeal is made suffers unique or singular disadvantages such as, but not limited to, size, shape, topography, location or surroundings not shared by other parcels in the neighborhood;

C.

The variance will not grant privileges inconsistent with limitations shared by other parcels in the zone district;

D.

The variance will not have an injurious effect on the existing or future use of adjacent parcels;

E.

The variance will not injure or adversely alter the general character of the neighborhood in which the variance is sought;

F.

The variance appeal is in harmony with the intent, purpose and spirit of this title.

(Ord. 322 § 9.8, 1991)

All actions of the zoning board of adjustment or planning commission shall be in writing and shall contain the required findings of fact and shall include a statement setting forth those factors which the board or commission considered controlling factors in reaching its decision. Any appeals granted by the board or commission shall not be personal to the applicant, but shall be transferable and shall run with the land except that the appeals granted must be exercised in full or construction started within not more than one year from the date of granting such appeal; otherwise the appeal granted becomes null and void and the parcel shall thereafter be subject to all the applicable regulations of this title.

(Ord. 322 § 9.9, 1991)

Decisions by the board of adjustment or planning commission shall be rendered within sixty (60) days from receipt of appeals. Failure of the zoning board of adjustment or planning commission to render a decision within the allotted time shall constitute acceptance of such appeal. Upon mutual agreement of the board or commission and the applicant, the time period within which the board or commission shall act may be extended.

(Ord. 322 § 9.10, 1991)

In the event a variance or special use, or an appeal from an action of the zoning administrator is denied, no new appeal shall be made for the same or a substantially similar condition within six months of such denial thereof.

(Ord. 322 § 9.11, 1991)

The findings and decisions of the planning commission in the case of special use permits, and of the zoning board of adjustment in all other cases, shall be final. Appeals to the District Court shall be made within ninety (90) days from the date of the action by the planning commission or zoning board of adjustment.

(Ord. 322 § 9.12, 1991)