A.

The Board of Adjustment shall have the powers and duties enumerated below. The powers and duties as listed shall be exercised in conformance with the laws of the State and in conformance with the terms and conditions included in this Chapter. The powers of the Board of Adjustment shall be exercised in harmony with the intent of this Chapter or Chapter 27, as applicable, the intent of Chapter 22 of this Code and the public interest.

1.

The Board of Adjustment has the power to hear and decide appeals from decisions concerning zoning issues made by any official employed by the COUNTY in the administration or enforcement of this Chapter or Chapter 27.

2.

When there is an appeal of an administrative decision, the Board of Adjustment may, so long as such action is in conformance with the terms of this Chapter or Chapter 27, as applicable, reverse, affirm or modify the order, decision or determination appealed from.

B.

The Board of Adjustment has the power to interpret the zone district boundaries, to interpret the location of LOT lines with respect to zone district boundaries, and to act upon similar questions as they may arise in the administration of this Chapter.

C.

The Board of Adjustment has the power to hear and decide VARIANCES from the terms of this Chapter, with the exception of VARIANCES from Article XI, Floodplain Management Ordinance, which are heard and decided by the Board of County Commissioners. The Board of Adjustment also has the power to hear and decide VARIANCES from the terms of Chapter 27 of this Code where Chapter 27 applies to individual LOTS or parcels. VARIANCES may be brought to the Board of Adjustment when, because of special conditions relating to the subject land, a literal enforcement of the provisions of this Chapter or Chapter 27 of this Code would result in unnecessary hardship to the appellant.

1.

Relief from the provisions of this Chapter and Chapter 27 of this Code may not be granted when the hardship is brought about solely through the actions of the appellant.

2.

No relief may be granted when the result of granting the requested relief is detrimental to the public good or when the relief is contrary to the purpose and intent of this Chapter or Chapter 27, as applicable.

3.

In granting any VARIANCE, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this Chapter and Chapter 27 of this Code. VIOLATION of such conditions and safeguards, when made a part of the terms under which the VARIANCE is granted, shall be deemed a VIOLATION of this Chapter and said Chapter 27 and punishable under Article X of this Chapter.

4.

Under no circumstances shall the Board of Adjustment grant a VARIANCE to allow a USE not permissible under the terms of this Chapter in the district involved, or any USE expressly or by implication prohibited by terms of this Chapter or said Chapter 27.

5.

No appeal of an administrative decision to the Board of Adjustment shall be allowed for BUILDING USE or LOT USE VIOLATIONS prosecuted under the terms of Article X of this Chapter.

6.

No NONCONFORMING USE of neighboring LOTS, STRUCTURES or BUILDINGS in the same district, and no permitted or NONCONFORMING USE of LOTS, STRUCTURES or BUILDINGS in other districts shall be considered grounds for the issuance of a VARIANCE.

7.

No VARIANCE from Chapter 27 of this Code shall be allowed where the term from which the VARIANCE is sought is one that was raised as an issue during the PUD zone or final plat process.

(Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2013-10; Weld County Code Ordinance 2019-02; Weld County Code Ordinance 2020-15)

Appeals to the Board of Adjustment brought under the provisions of Section 23-6-10.A. above shall be made within thirty (30) days of the order, requirement, decision or refusal alleged to be in error. Appeals of administrative decisions shall be made and processed as set forth below.

A.

Application Requirements. Applications to appeal administrative decisions shall be in written form according to the following requirements:

1.

An application for appeal on the form as prescribed and furnished by the Department of Planning Services with the property owner's signature. If an authorized agent signs, a letter of authorization signed by all fee owners shall be included with the application. If the property is owned by a corporation, evidence that the signatory has the legal authority to sign for the corporation shall be included.

2.

A citation of the Code section which is the subject to the disagreement.

3.

A written description of the grounds for the appeal; and the reasons held by the appellant for the favored interpretation.

4.

Any other information determined to be necessary by the Board of Adjustment that will aid the Board of Adjustment in making a decision which will not impair the intent and purpose of this Chapter.

5.

The application fee.

B.

Duties of the Department of Planning Services. The Department of Planning Services shall:

1.

Review the application and determine that it is complete before scheduling consideration of the appeal by the Board of Adjustment.

2.

Arrange for publication of notice of the public hearing to be held by the Board of Adjustment once in the newspaper designated by the Board of County Commissioners for publication of legal notices. The date of publication shall be at least ten (10) days prior to the scheduled hearing.

3.

Review the application for consideration of the appeal and prepare comments for use by the Board of Adjustment, addressing all aspects of the appeal, its conformance with sound land use planning practices, the effect of granting or denying the appeal, its conformance with Chapter 22 of this Code and MASTER PLANS of affected municipalities.

4.

Post a sign on the property under consideration in a location readily visible from the adjacent PUBLIC STREET/ROAD RIGHT-OF-WAY. The sign will be posted at least ten (10) days preceding the hearing date. In the event the property under consideration is not adjacent to a PUBLIC STREET/ROAD RIGHT-OF-WAY, a second sign at the point at which the driveway (access drive) intersects a PUBLIC STREET/ROAD RIGHT-OF-WAY will be posted. The sign posting will be evidenced with a photograph.

C.

Duties of the Board of Adjustment. The Board of Adjustment shall hold a public hearing to consider the appeal. The concurring vote of four (4) members of the Board of Adjustment shall be necessary in order to decide in favor of the appellant on any appeal of an administrative decision. The Board's decision shall be based only upon the information presented at the public hearing and its interpretation of Chapter 23 of this Code.

(Weld County Code Ordinance 2001-1; Weld County Code Ordinance 2009-8; Weld County Code Ordinance 2019-02)

Appeals to the Board of Adjustment brought pursuant to Subsection 23-6-10.B above shall be made and processed as set forth below:

A.

Application Requirements. Appeals for interpretation of zone district boundaries or of LOT lines shall be made in written form according to the following requirements:

1.

An application for appeal on the form as prescribed and furnished by the Department of Planning Services with the property owner's signature. If an authorized agent signs, a letter of authorization signed by all fee owners shall be included with the application. If the property is owned by a corporation, evidence that the signatory has the legal authority to sign for the corporation shall be included.

2.

Other written and graphic materials serving as evidence sufficient to document the location of the zone district boundary or LOT line alleged to be true and proper by the appellant.

3.

Any other information determined to be necessary by the Board of Adjustment that will aid the Board of Adjustment in making a decision which will not impair the intent and purpose of this Chapter.

4.

The application fee.

B.

Duties of the Department of Planning Services. The Department of Planning Services shall:

1.

Review the application and determine that it is complete before scheduling consideration of the appeal by the Board of Adjustment.

2.

Arrange for publication of notice of the public hearing to be held by the Board of Adjustment once in the newspaper designated by the Board of County Commissioners for publication of legal notices. The date of publication shall be at least ten (10) days prior to the scheduled hearing.

3.

Review the application for consideration of the appeal and prepare comments for use by the Board of Adjustment, addressing all aspects of the appeal, its conformance with sound land USE planning practices, the effect of granting or denying the appeal, its conformance with Chapter 22 of this Code and MASTER PLANS of affected municipalities.

4.

Post a sign on the property under consideration in a location readily visible from the adjacent PUBLIC STREET/ROAD RIGHT-OF-WAY. The sign will be posted at least ten (10) days preceding the hearing date. In the event the property under consideration is not adjacent to a PUBLIC STREET/ROAD RIGHT-OF-WAY, a second sign at the point at which the driveway (access drive) intersects a PUBLIC STREET/ROAD RIGHT-OF-WAY will be posted. The sign posting will be evidenced with a photograph.

C.

Duties of the Board of Adjustment. The Board of Adjustment shall hold a public hearing to consider the appeal. The concurring vote of four (4) members of the Board of Adjustment shall be necessary in order to decide in favor of the appellant on any appeal for interpretation of zone district boundaries or LOT lines. The Board's decision shall be based upon only the information presented at the public hearing and its interpretation of Chapter 23 of this Code.

(Weld County Code Ordinance 2001-1; Weld County Code Ordinance 2009-8; Weld County Code Ordinance 2019-02)

Appeals to the Board of Adjustment brought pursuant to Subsection 23-6-10.C above shall be made and processed as set forth below.

A.

Application Requirements. An application for a VARIANCE in the application of specific terms or requirements in this Chapter shall be made in written form according to the following requirements:

1.

A VARIANCE application on the form as prescribed and furnished by the Department of Planning Services with the property owner's signature. If an authorized agent signs, a letter of authorization signed by all fee owners shall be included with the application. If the property is owned by a corporation, evidence that the signatory has the legal authority to sign for the corporation shall be included.

2.

A plot plan showing the location of existing features, such as STRUCTURES, fences, streams, PUBLIC or private RIGHTS-OF-WAY and STREETS/ROADS, access, etc. The plot plan shall include all proposed STRUCTURES.

3.

A copy of a deed, purchase contract or other legal instrument indicating that the applicant has an interest in said property. The deed, purchase contract or legal instrument should include a complete and accurate legal description of the property.

4.

A statement that demonstrates that special conditions and circumstances exist which are peculiar to the LOT, STRUCTURE or BUILDING involved and which are not applicable to other LOTS, STRUCTURES or BUILDINGS in the same zoning district.

5.

A statement that demonstrates that literal interpretation of the provisions of this Chapter would deprive the appellant of rights commonly enjoyed by other property owners in the same zoning district under the terms of this Chapter.

6.

A statement that demonstrates that the special conditions or circumstances do not result solely from the actions of the appellant.

7.

A certified list of the names, addresses and the corresponding Parcel Identification Number assigned by the County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. The source of such list shall be the records of the County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records or from the records of the County Clerk and Recorder. If the list was assembled from the records of the County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date.

8.

Evidence that demonstrates that the VARIANCE requested is the minimum VARIANCE that will make possible the reasonable USE of the LOT, BUILDING or STRUCTURE.

9.

Any other information determined to be necessary by the Board of Adjustment that will aid the Board of Adjustment in making a decision which will not impair the intent and purpose of this Chapter or Chapter 27 of this Code.

10.

The application fee.

B.

Duties of the Department of Planning Services.

1.

The Department of Planning Services shall review the application and determine that it is complete before scheduling consideration of the appeal by the Board of Adjustment.

2.

The Department of Planning Services shall arrange for publication of notice of the public hearing to be held by the Board of Adjustment once in the newspaper designated by the Board of County Commissioners for publication of legal notices. The date of publication shall be at least ten (10) days prior to the scheduled hearing.

3.

The Department of Planning Services shall mail by first class, ten (10) days prior to the scheduled hearing, a notice of the public hearing to the owners of the surface estate located within five hundred (500) feet of the parcel under consideration for the VARIANCE. The Department's source of the ownership information shall be the application for VARIANCE submitted by the appellant.

4.

The Department of Planning Services shall review the application for consideration of the VARIANCE and shall prepare comments for use by the Board of Adjustment, addressing all aspects of the VARIANCE, its conformance with sound land USE planning practices, the effect of granting or denying the VARIANCE and its conformance with Chapter 22 of this Code and MASTER PLANS of affected municipalities.

5.

Post a sign on the property under consideration in a location readily visible from the adjacent PUBLIC STREET/ROAD RIGHT-OF-WAY. The sign will be posted at least ten (10) days preceding the hearing date. In the event the property under consideration is not adjacent to a PUBLIC STREET/ROAD RIGHT-OF-WAY, a second sign at the point at which the driveway (access drive) intersects a PUBLIC STREET/ROAD RIGHT-OF-WAY will be posted. The sign posting will be evidenced with a photograph.

C.

Duties of the Board of Adjustment. The Board of Adjustment shall hold a public hearing to consider the VARIANCE. The concurring vote of three (3) members of the Board of Adjustment shall be necessary in order to decide in favor of the appellant on any VARIANCE. An appeal for VARIANCE of the terms of this Chapter or Chapter 27 of this Code shall not be granted until and unless the Board of Adjustment, based only upon the information presented at the public hearing and its interpretation of this Code, has found and determined that:

1.

Special conditions and circumstances exist which are peculiar to the LOT, STRUCTURE or BUILDING involved and which are not applicable to other LOTS, STRUCTURES or BUILDINGS in the same zoning district.

2.

Literal interpretation of the provisions of this Chapter would deprive the appellant of rights commonly enjoyed by other property owners in the same zoning district under the terms of this Chapter.

3.

The special conditions and circumstances do not result solely from the actions of the appellant.

4.

The reasons set forth in the application and testimony justify the granting of the VARIANCE, and the VARIANCE is the minimum VARIANCE that will make possible the reasonable USE of the LOT, BUILDING or STRUCTURE.

5.

The granting of the VARIANCE will be in harmony with the purpose and intent of this Chapter, and will not be injurious to the NEIGHBORHOOD or otherwise detrimental to the public health, safety or welfare.

(Weld County Code Ordinance 2001-1; Weld County Code Ordinance 2009-8; Weld County Code Ordinance 2019-02; Weld County Code Ordinance 2020-15)

(Repealed by Weld County Code Ordinance 2013-10; Weld County Code Ordinance 2019-02)