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

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Chapter 7: Land Use Code which time shall not be earlier than fifteen (15) days from the date of publication. (f) Appeals to court. Any person or persons, jointly or severally, aggrieved by any decision of the Board, or any taxpayer or any officer, department or board of the municipality may present to a court of record a complaint, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the Board and not thereafter. Page 163
Chapter 7: Land Use Code § 6.15 Variances (a) Authority of Board. The Board of Adjustment shall be authorized to permit such variance or modifications of the height, yard, area, coverage and parking regulations as may be necessary to secure appropriate development of a parcel of land that differs from other parcels in the district by being of such restricted area, shape or slope that it cannot be appropriately developed without such modification. (b) Submittal requirements. The applicant shall file three (3) copies of an application requesting a variance. The application shall include signature of property owner. If the applicant is not the owner of the property, s/he shall also submit a letter from the property owner designating the applicant as his/her agent with the authority to represent the application. The application shall be accompanied by or show the following information: (1) The street address and legal description of the property affected; (2) A site plan and any and all other information necessary to clearly demonstrate eligibility for the requested variance based upon the required findings in subsection 6.15(c), below; and (3) A filing fee to cover the cost of review in accordance with the fee schedule adopted by resolution of the Board of Adjustment. (c) Required findings. In exercising its power to grant a variance in accordance with this chapter, the Board of Adjustment shall make finding and show in its minutes that: (1) There are special circumstances existing on the property on which the application is made related to size, shape, area, topography, surrounding conditions and location that do not apply generally to other property in the same area and the same zoning district; (2) That a variance is necessary to permit the applicant the same rights in the use of this property that are presently enjoyed under this Chapter, by other properties in the vicinity and zone, but which rights are denied to the property on which the application is made; (3) That the granting of the variance on the specific property will not adversely affect the land use pattern as outlined by the Land Use Plan and will not adversely affect any other feature of the Comprehensive Plan of the Town of Norwood; (4) That the variance, if granted, will be no material detriment to the public welfare or injury to the use, enjoyment or value of property in the vicinity; (5) That such unnecessary hardship has not been created by the applicant; and (6) That the proposed use is a Permitted Use in the underlying zone district. Page 164
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Land Use Code Town of Norwood, Colorado - San Miguel County

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