Chapter 2.16
ZONING BOARD OF ADJUSTMENT
Sections:
2.16.010 Organization and qualifications.
2.16.020 Term and vacancies of members.
2.16.030 Powers, duties and procedures.
2.16.010 Organization and qualifications.
Organization and qualifications of the Zoning Board of Adjustment are set forth in Chapter X, Section 10.4 of the Charter for the City of Glendale, Colorado. (Prior code, Appendix B § 1301)
2.16.020 Term and vacancies of members.
Term of members and vacancies of the Zoning Board of Adjustment are set forth in Chapter X, Section 10.5 of the Charter for the City of Glendale, Colorado. (Prior code, Appendix B § 1302)
2.16.030 Powers, duties and procedures.
Powers, duties and functions of the Zoning Board of Adjustment are as set forth in Chapter X, Section 10.6 of the Charter for the City of Glendale, Colorado, and all of the following when not in conflict with the Charter:
A. Duties:
1. To meet at the call of the Chairman, by his request or by the request of the Zoning Administrator and/or Building Inspector, or by any party wishing to appeal the decision of the same;
2. To adopt any rules necessary to transact the Board’s business or expedite its functions or powers so long as they are not inconsistent with the provisions of this chapter;
3. To vote upon the granting of an adjustment to requirements of the zoning ordinance, which vote must require the concurrence of more than one-half (1/2) the members of the Board in order to revise an order of the Zoning Administrator and/or Building Inspector;
4. To permit the public to attend and to be heard at all of its meetings;
5. To notify in writing the Zoning Administrator and/or Building Inspector, the owner involved, and the Council, of all decisions made, resolutions passed, hearings scheduled or permits authorized;
6. To publish notice of, or cause to be published, or cause the property to be posted at least ten (10) days prior to the date of hearings, where such hearings are deemed necessary by the Board.
B. Powers:
1. Interpretation. The Board shall have the power to interpret this chapter and Title 17 including any uncertainty as to boundary, location, or meaning of wording, so long as this interpretation is not contrary to the purposes and intent of this chapter and Title 17.
2. Variances. The Board shall have the power to grant variances from the provisions of Title 17 but only where all of the following conditions are found to exist:
a. The variance would not authorize any use other than uses enumerated as a use-by-right in the district;
b. That an unnecessary hardship to the owner could be shown to occur if the provision of Title 17 was literally followed;
c. That the circumstances found to constitute a hardship either were not created by the owner or were in existence at the time of the passage of the ordinance codified in this chapter or are the result of general conditions of the district and cannot be reasonably corrected;
d. That the variance would not be out of harmony with the intent and purpose of Title 17.
C. Procedure. The Board shall act in strict accordance with all of the other applicable laws of the State of Colorado and applicable laws, ordinances and regulations of the city. All appeals to the Board shall be in writing and on such a form as shall be prescribed by the Board. Every appeal shall indicate what provisions of Title 17 are involved, what relief from these provisions is being sought, and the grounds upon which such an appeal is being sought, as required by this section. The Chairman of the Board shall then, within forty-five (45) days, call a meeting of the Board for the purpose of the review of the requested appeal. At the same time, a copy of the requested appeal shall be transmitted to the Planning Commission and the Council for opinions, which opinions shall be returned to the Board before the date set for hearing the appeal. Notification of the decisions of the Board shall then be made. (Prior code, Appendix B § 1303 (part))
2.16.040 Appeals.
Any further appeal from the decision of the Board may be made to the courts, as provided by law; provided, however, that such appeal is made prior to twenty (20) days following the date of the notification of the Board’s decision. (Prior code, Appendix B § 1303 (part))