Land Use Code Town of Norwood, Colorado - San Miguel County

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Chapter 7: Land Use Code responsibility of the staff. (5) The Board of Adjustment may adopt rules to govern its proceedings and conduct of the business before the Board provided, however, that such rules are not inconsistent with this chapter or Statutes of the State of Colorado. (6) Meetings of the Board shall be held at the call of the chairperson, and at such other times as the Board may determine. Such chairperson or, in his or her absence, the vice-chairperson shall administer oaths and compel attendance of witnesses. All meetings of the Board shall be open to the public. Minutes of its proceedings shall be kept by the staff showing the vote of each member upon such question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed in the office of the Board and shall be a public record. (7) The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Town Staff, or to decide in favor of the applicant on any matter upon which the Board is required to act under this chapter or to grant any variance authorized by this chapter. (8) The filing fee for every petition to be submitted to the Board of Adjustment shall be calculated to cover the cost of legal publications, accumulation of data, administrative cost and all other costs incurred by the Town in the review and processing of the petition or as provided for in the fee schedule adopted by resolution of the Board of Trustees. (c) Jurisdiction. The Board of Adjustment shall have the following powers, and shall have the power to impose reasonable conditions to insure compliance and protect adjacent property: (1) To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official of the Town in the enforcement of this chapter, pursuant to Sec. 6.14, Appeals. (2) To permit variance or modifications of the height, yard, area, coverage and parking regulations, pursuant to Sec. 6.15, Variances. Page 161
Chapter 7: Land Use Code § 6.14 Appeals (a) Authority of Board. In exercising its powers, the Board of Adjustment may, in conformity with the provisions of the Statutes of the State of Colorado as existing or hereafter amended, reverse or affirm, wholly or partly, or may modify the order, requirements, decision, or determination appealed from and make such order, requirement, decision or determination in the Board’s opinion, as ought to be made and shall have all the powers of the officer from whom the appeal is taken. (b) Application for appeal. Appeals to the Board of Adjustment can be taken by any person aggrieved or by any officer, department or board of the municipality affected by the decision of the Building Official. Such appeal shall be taken within thirty (30) days after the decision has been rendered by the administrative officer, by filing with the officer from whom the appeal is taken and with the Board of Adjustment, a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken. (c) Filing fee. A filing fee shall be submitted to cover the cost of review and processing with every appeal in accordance with the fee schedule adopted by resolution of the Board of Trustees. (d) Stay of proceedings. An appeal shall stay all proceedings of the action appealed from unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him or her that by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed, otherwise than by a restraining order that may be granted by the Board of Adjustment or by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown. (e) Hearing and notice. The Board of Adjustment shall fix a reasonable time for the hearing of an appeal, give the public notice as follows: (1) The applicant shall mail the written notice of public hearing before the Board of Adjustment on the appeal, after obtaining a copy of the notice from the Town Staff, to all owners of real property lying within one hundred feet (100') of the property on which the appeal is made. Notice shall also be mailed to all owners of mineral estates of record in the records of the San Miguel county clerk and recorder. The notice shall be given not less than fifteen (15) days before the date set for hearing by depositing in the mail such notice properly addressed and postage paid to each such owner as the ownership appears on the last approved County tax roll. Applicants shall provide proof of mailing of notice to the Town prior to the public meeting or hearing that is the subject of the notice. (2) The Town Clerk shall cause notice of the public hearing of the Board of Adjustment to be given by one publication in a newspaper of general circulation in the Town of Norwood without the necessity of notifying property owners by mail. Such notice shall state the time and place of such hearing and the nature of the subject to be considered, Page 162
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Land Use Code Town of Norwood, Colorado - San Miguel County

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