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