(1)The board of county commissioners of
any county which enacts zoning regulations under the authority of this part 1 shall
provide for a board of adjustment of three to five members and for the manner of
the appointment of such members. Not more than half of the members of such
board may at any time be members of the planning commission. The board of
county commissioners shall fix per diem compensation and terms for the members
of such board of adjustment, which terms shall be of such length and so arranged
that the term of at least one member will expire each year. Any member of the
board of adjustment may be removed for cause by the board of county
commissioners upon written charges and after a public hearing. Vacancies shall be
filled for the unexpired term in the same manne
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(1) The board of county commissioners of
any county which enacts zoning regulations under the authority of this part 1 shall
provide for a board of adjustment of three to five members and for the manner of
the appointment of such members. Not more than half of the members of such
board may at any time be members of the planning commission. The board of
county commissioners shall fix per diem compensation and terms for the members
of such board of adjustment, which terms shall be of such length and so arranged
that the term of at least one member will expire each year. Any member of the
board of adjustment may be removed for cause by the board of county
commissioners upon written charges and after a public hearing. Vacancies shall be
filled for the unexpired term in the same manner as in the case of original
appointments. The board of county commissioners may appoint associate members
of such board, and, in the event that any regular member is temporarily unable to
act owing to absence from the county, illness, interest in a case before the board, or
any other cause, his place may be taken during such temporary disability by an
associate member designated for that purpose.
(2) The board of county commissioners shall provide and specify in its zoning
or other resolutions general rules to govern the organization, procedure, and
jurisdiction of said board of adjustment, which rules shall not be inconsistent with
the provisions of this part 1. The board of adjustment may adopt supplemental rules
of procedure not inconsistent with this part 1 or such general rules.
(3) Any zoning resolution of the board of county commissioners may provide
that the board of adjustment, in appropriate cases and subject to appropriate
principles, standards, rules, conditions, and safeguards set forth in the zoning
resolution, may make special exceptions to the terms of the zoning regulations in
harmony with their general purpose and intent. Where feasible, special exception
may be made for the purpose of providing access to sunlight for solar energy
devices. The board of county commissioners may also authorize the board of
adjustment to interpret the zoning maps and pass upon disputed questions of lot
lines or district boundary lines or similar questions, as they may arise in the
administration of the zoning regulations.
(4) Meetings of the board of adjustment shall be held at the call of the
chairman and at such other times as the board in its rules of procedure may specify.
The chairman, or in his absence the acting chairman, may administer oaths and
compel the attendance of witnesses by application to the district court. The court,
upon proper showing, may issue subpoenas and enforce obedience by contempt
proceedings. All meetings of the board of adjustment shall be open to the public.
The board shall keep minutes of its proceedings showing the vote of each member
upon each 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
immediately filed in the office of the board and shall be a public record.
(5) The governing body of a county that has entered into an
intergovernmental agreement with a municipality located or partially located within
that county for the purposes of joint participation in land use planning, subdivision
procedures, and zoning pursuant to the authority granted in section 31-23-227 (2),
C.R.S., may enter into an intergovernmental agreement with that municipality for
the purpose of establishing a joint zoning board of adjustment for a specific area
designated in the intergovernmental agreement.