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HomeMy WebLinkAboutORDINANCE 10-840 0 ORDINANCE NO.10-84 AN ORDINANCE AMENDING CHAPTER 17 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO,THE SAME PERTAINING TO ZONING BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO: Section 1.That Section 17.72.040 of the Municipal Code of the Town of Estes Park,Colorado,is amended to read as follows: 17.72.040 Board of adjustment.A board of adjustment is established to consist of five members appointed by the board of trustees,each to be appointed for a term of four years.Said terms shall be staggered with three members appointed for a four year term in one year,and two members appointed for a four year term two years later.The board of adjustment shall exercise all the powers and authority given to boards of adjustment under Section 31-23—307 of the Colorado Revised Statutes,1973,or any amendment thereof, including but not limited to the following: 1.Powers and Duties:The board of adjustment shall have the following powers,duties and procedures all of which shall be subject to and in compliance with the laws of the state of Colorado,in harmony with the purpose and intent of this title and in accordance with the public interest and the most appropriate development of the neighborhood: A.To hear and decide appeals from,and review any order,requirement,decision or determination made by any administrative official charged with the enforcement of the regulations established by this title. B.To authorize,upon appeal in specific cases, variances from the terms of this title,where by reason of exceptional narrowness,shallowness or slope of a specific piece of property,or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property,the strict applica tion of any regulation enacted herein would result in peculiar and exceptional practical difficulties to,or exceptional and undue hardship upon,the owner of such property,provided such variance may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this title,and provided no variance shall authorize any use in a zoning district other than a use specifically permitted in such zoning district. 2.Quorum:Three members of the board of adjustment shall be a quorum for the transaction of business. 3.Voting:The concurring vote of a majority of the members of the Board present shall be necessary to reverse any order,requirement,decision,or determination of any administrative official,or decide in favor of the applicant any matter upon which it is required to pass under the ordinances of the Town of Estes Park,or to effect any variation in any ordinance of the Town of Estes Park. 4.Procedure:The board of adjustment shall hold a a public hearing on all applications and appeals with the following special conditions required; A.Upon an application for variance,the board of adjustment shall mail a written notice of the hearing thereon at least seven days prior to the hearing date to the applicant and to the owners of property adjacent to the property for which the variance has been requested.Failure to mail such notice to every property owner due to clerical omissions shall not affect the validity of any hearing or determination of the board of adjustment. B.All variances granted by the board of adjustment shall become null and void if a building permit has not been issued and paid for and work thereunder commenced within four months from the date the variance was granted. C.A fee of twenty-five dollars shall be charged to cover costs of processing appeals and requests for variances. No hearing on an appeal or request for a variance will be heard until such fee has been paid to the town clerk. 5.Sign Code Procedure:Appeal and variance procedure relative to the sign code (Chapter 17.66 of this code)shall be in accordance with procedure set forth in Section 17.66.340 of this code. Section 2.The Board of Trustees of the Town of Estes Park,Colorado,herewith finds,determines and designates that this Ordinance is necessary for their immediate preserva tion of the public peace,health and safety,in order to provide for uniform zoning regulations;and whereas,in the opinion of the Board of Trustees an emergency exists,this Ordinance shall take effect and be in force immediately after its passage,adoption and signature of the Mayor. />7 ‘..4layor - I hereby certify that the above Ordinance was introduced and read at a regular meeting of the Board of Trustees on the 13th day of March ,1984,and published in a newspaper of general circulation in the Town of Estes Park,Colorado. • Town Clerk2 —2—