Chapter 16.20
BOARD OF ADJUSTMENT AND VARIANCES
Sections:
16.20.010 Creation of board of zoning adjustment.
16.20.020 Membership and organization.
16.20.030 Duties of the board of zoning adjustment.
16.20.040 Powers of the board of zoning adjustment.
16.20.050 Standards for the grant or denial of variances.
16.20.070 Disposition of cases.
16.20.080 Appeals from the board of zoning adjustment.
16.20.010 Creation of board of zoning adjustment.
A board of zoning adjustment (BZA) is hereby created, and shall be appointed by the board of trustees of the town of Granby. [Ord. 719 § 1, 2008. Code 1999 § 16-7-1].
16.20.020 Membership and organization.
(a) The board of trustees of the town of Granby shall appoint by majority consent a five-member board of zoning adjustment, the members of which shall be residents of the town of Granby. The terms of office of the members of the board of zoning adjustment shall be for a period of four years. Upon expiration of a member’s term, the board of trustees may reappoint such member or appoint a new member by majority consent. When a vacancy is created the board of trustees of the town of Granby shall fill such vacancy by majority consent and such member shall serve the unexpired term of his predecessor in office. The secretary to the BZA shall either be one of the members or the town clerk, town manager or a member of the town’s clerical staff. The BZA members shall select, from among themselves, a chairperson, a vice-chairperson and, if so desired, a secretary.
(b) Members of the BZA shall be immediately replaced by the board of trustees to fill unexpired terms should the following occur:
(1) Notice of resignation;
(2) Death or incapacity of a BZA member;
(3) More than two consecutive absences from a convened BZA meeting. [Ord. 815 § 1, 2014; amended during 2011 recodification; Ord. 719 § 1, 2008. Code 1999 § 16-7-2].
16.20.030 Duties of the board of zoning adjustment.
The duties of the board of zoning adjustment are:
(a) To meet at the call of the chairperson, by his/her request or by the request of the building official or town clerk, or by any party wishing to appeal the decision of the same as provided in GMC 16.20.070.
(b) To adopt any rules necessary to transact the BZA’s business or to expedite its functions or powers so long as they are not inconsistent with the provisions of this chapter.
(c) To vote upon the granting of an adjustment to requirements of this title, which vote must require the concurrence of more than one-half of the members of the BZA in order to revise an order of the enforcement officer.
(d) To keep minutes and records of votes, submitted documents, exhibits, etc., of the proceedings of each meeting, which shall be filed in the office of the board, which may designate the enforcement officer to keep such files, and which shall be of public record.
(e) To permit the public to attend and to be heard at all of its meetings.
(f) To notify in writing the town clerk and the owner involved and the board of trustees of all decisions made, resolutions passed, hearings scheduled or permits authorized. [Amended during 2011 recodification; Ord. 719 § 1, 2008. Code 1999 § 16-7-3].
16.20.040 Powers of the board of zoning adjustment.
(a) The board shall have all powers granted to it by Section 31-23-307, C.R.S.
(b) The board shall have the power to interpret this chapter, including any uncertainty as to district boundary locations, or meaning of wording, so long as this interpretation is not contrary to the purpose and intent of this chapter.
(c) The board of adjustment 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. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this title, the board of adjustment has the power, in passing upon appeals, 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. Where feasible, the board of adjustment may vary or modify the application of the regulations for the purpose of considering access to sunlight for solar energy devices. [Ord. 719 § 1, 2008. Code 1999 § 16-7-4].
16.20.050 Standards for the grant or denial of variances.
(a) The BZA may grant a variance if all of the following are found to exist:
(1) Peculiar and exceptional practical difficulties or an unnecessary and unreasonable hardship will be imposed on the property owner if the provisions of this title are strictly enforced.
(2) Circumstances creating the hardship were created through no fault of the appellant.
(3) That the property for which a variance is requested possesses exceptional narrowness, shallowness, shape or topography or other extraordinary and exceptional situation or condition which does not occur generally in other property in the same zone district.
(4) That the variance, if granted, will not diminish the value, use or enjoyment of the adjacent properties, nor curtail desirable light, air and open space in the neighborhood, nor change the character of the neighborhood.
(5) The variance, if granted, will not be directly contrary to the intent and purpose of this title or the master plan.
(b) Under no circumstances shall a variance be granted on the sole basis of personal convenience, profit or special privilege to the applicant.
(c) Under no circumstance shall the BZA grant a variance to allow a use not permissible under the terms of this title in the appropriate zone district.
(d) Variances shall be granted only with respect to specific plans. Unless otherwise specified by the BZA, a variance may be transferred to successive owners prior to construction if no changes are made to the approved plan and shall run with the land after the construction of any authorized structure or structures and only for the life of such structures.
(e) The BZA may condition the granting of a variance on the issuance of a building permit within a specific time period and may require the applicant to pursue completion of the construction with due diligence. If such conditions are not satisfied, the variance shall become null and void.
(f) The BZA may impose any other condition upon the grant of a variance, including, without limitation, those categories of conditions which may be placed upon conditional use permits. [Ord. 719 § 1, 2008. Code 1999 § 16-7-5].
16.20.060 Procedure.
(a) The BZA shall adopt bylaws and rules of procedure that shall be approved by the board of trustees.
(b) The BZA shall act in strict accordance with all of the applicable laws of the state of Colorado, and the town of Granby. All appeals to the BZA shall be in writing and on such form as shall be prescribed by it. Every appeal shall indicate what provisions of this chapter are involved, what relief from these provisions is being sought, and the grounds upon which such an appeal is being sought, as required in GMC 16.20.040. The chairman of the BZA shall then, within 20 days, call a meeting of the BZA for the purpose of review of the requested appeal.
(c) The BZA shall hold a public hearing on all applications and appeals with the following special conditions required:
(1) A notice of the hearing shall be given to the property owners within 300 feet of the area affected. The variance applicant will be responsible for providing a list of property owners to the town. The enforcement officer will be responsible for verifying this list and mailing notices.
(2) For applications for variances relating to the use requirements of this title, the town shall be responsible for posting of signs. Such signs shall be posted in a conspicuous place on the subject premises no less than 15 days before such public hearing.
(3) A fee as prescribed by the board of trustees shall be paid by the applicant to cover administrative costs. All costs for mailings, legal notices and the like will be charged in addition to the filing fee.
(4) Any final determination of the board of adjustment shall be reported in writing over the signature of the chair person of such board. The BZA shall notify the enforcement officer and the owner involved and the board of trustees of all decisions made, resolutions passed, hearings scheduled or permits authorized. [Ord. 719 § 1, 2008. Code 1999 § 16-7-6].
16.20.070 Disposition of cases.
(a) It is the intent of this title that all questions of interpretation and enforcement shall be first presented to the enforcement officer and that such question shall be presented to the board of zoning adjustment only on appeal from the decision of the enforcement office. In some instances specifically stated in these zoning regulations, the BZA is not an appellate body.
(b) Appeals to the BZA concerning interpretation or administration of this title may be taken by any person aggrieved or by any officer or bureau of any government agency affected by any decision of the enforcement officer. The enforcement officer shall forthwith transmit to the BZA all papers constituting the record upon which the action appealed from was taken.
(c) An appeal stays all proceedings in furtherance of the action appealed from, unless the enforcement officer from whom the appeal is taken certifies to the BZA, after the notice of appeal is filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property. In such case proceedings shall not be stayed other than by a restraining order which may be granted by the
BZA or by a court of record on application, on notice to the enforcement officer from whom the appeal is taken and on due cause shown.
(d) Every decision of the BZA on any case shall be by record resolution indicating the reasons of the BZA for the decision.
(e) The final disposition of any appeal of the enforcement ruling before the BZA shall be in the form of a resolution either affirming, reversing or modifying the ruling. If a resolution fails to receive four votes in favor of the appellant upon appeal or of the applicant for a variation from the zoning regulations, the action will be deemed equivalent to a denial and a resolution denying such application or appeal shall be formally entered upon the record unless there is a member absent at the roll call and unless the vote of each absent member added to those voting for an applicant or appellant would equal four, in which case the matter will be laid over for hearing before the full BZA.
(f) No request to grant a rehearing will be entertained unless new evidence is submitted which could not have been, with due diligence, presented at the previous hearing or at least one year has passed since the previous application or appeal. [Ord. 719 § 1, 2008. Code 1999 § 16-7-7].
16.20.080 Appeals from the board of zoning adjustment.
Any further appeal from the decision of the BZA may be made to the courts, as provided by law; provided, however, that such appeal is made prior to 30 days following the date of the BZA’s decision. [Ord. 719 § 1, 2008. Code 1999 § 16-7-8].
16.20.090 Variance application submittal package.
The submittal package for a variance application shall consist of the following:
(a) Application cover sheet and description of the variance desired;
(b) Site plan drawing at appropriate and legible scale showing legal parcel description and dimensions, structure and use locations and location or delineation of variance desired on the zone lot;
(c) List of property owners within 300 feet of the application parcel boundary;
(d) Development schedule;
(e) Any other information required by the BZA to review the application;
(f) Specified filing fee payment;
(g) Proof of ownership. [Ord. 719 § 1, 2008. Code 1999 § 16-7-9].
16.20.100 Filing fees.
The board of trustees shall set a filing fee for variance applications to cover general administrative costs. In addition, the applicant will also pay the costs of notice, publication, mailings and any recording fees. [Ord. 719 § 1, 2008. Code 1999 § 16-7-10].