(a)

Establishment. There is hereby established the Town of Silver Cliff Board of Zoning Adjustments.

(b)

Powers and duties of the Board of Zoning Adjustments. The powers and duties of the Board of Zoning Adjustments shall be as prescribed under Colorado Statutes for statutory towns to include, but not be limited to, the following:

(1)

The authority to hear and decide appeals from, and review, any order, requirement, decision or determination made by an administration official charged with the enforcement of the Town's planning and zoning ordinances and the Town's applicable land use and building codes.

(2)

The authority to hear and decide whether to grant variances to the strict requirements of the Town's zoning, building, and land use regulati ons relating to the construction or alteration of buildings, structures, and setbacks.

(3)

The authority to render interpretations of the Town's land use regulations, including where there is any perceived uncertainty as to the meaning of words and phrases, provided that such interpretation is not contrary to the purpose and intent of those land use regulations.

(4)

The full power and authority to act on matters granted to it by statutes of the State of Colorado, as they may be amended from time to time, and, to the extent not inconsistent therewith, by any resolutions and ordinances of the Town.

(c)

Members. The Board of Zoning Adjustments shall consist of seven members and shall be made up of those persons presently serving as members of the Board of Trustees.

(d)

Quorum. Four members of the Board of Zoning Adjustments shall constitute a quorum.

(e)

Terms. The term of a member of the Board of Zoning Adjustments shall be the same as their term on the Board of Trustees.

(f)

Voting. An affirmative vote of a majority of members of the Board of Zoning Adjustments shall be necessary to overturn any decision of the Town's administrative official during an appeal of that official's final decision before the Board, or to grant a variance to the Town's zoning, land use and building codes as set forth herein.

(g)

Compensation. Members shall serve without compensation, except reasonable out-of-pocket expenses.

(h)

Chair. The Board of Zoning Adjustments shall elect from its membership a Chair, whose term shall correspond with his or her term on the Board of Trustees, with eligibility for re-election to the position of the Chair upon reappointment.

(i)

Meetings. Meetings shall be held by the Board of Zoning Adjustments as applications for the appeal of an administrative decision, variance or land use code interpretation are formally submitted to the Town.

(j)

Record. The Board of Zoning Adjustments shall keep a public record of its meetings.

(k)

Conflict. This section shall supersede any prior Resolutions or Ordinances of the Town which conflict with, or are otherwise inconsistent with, the provisions and authority set forth herein.

(Ord. No. 02-2017, 5-1-2017)

(a)

The Board of Zoning Adjustments shall act in strict accordance with all of the applicable laws of the State and all applicable laws and ordinances of the Town.

(b)

All appeals to the Board of Zoning Adjustments shall be in writing and in such form as shall be prescribed by the Board of Zoning Adjustments. Every appeal shall indicate which provisions of this Title are involved, what relief is being sought and the grounds on which such an appeal is predicated. The Chair of the Board of Zoning Adjustments shall, within 45 days from the filing of an appeal, call a meeting of the Board of Zoning Adjustments for the purpose of reviewing the matter. At the same time, a copy of the filed appeal shall be transmitted to the Planning Commission for an opinion, which opinion shall be returned to the Board of Zoning Adjustments before the date set for hearing the appeal. Notification of the decision of the Board of Zoning Adjustments then shall be made.

(Prior Code, § 10-9-7)

Any review of the decision of the Board of Zoning Adjustments shall be made to the courts, as provided by law. Such appeal shall be made or review sought within 20 days following the date of notification of the decision of the Board of Zoning Adjustments. It shall not be necessary to apply to the Board of Zoning Adjustments for a rehearing, and no application for rehearing shall be entertained by the Board of Zoning Adjustments.

(Prior Code, § 10-9-7)