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
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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.
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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.
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Town Clerk2
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