§ 30-28-118 — Appeals to board of adjustment

Colorado § 30-28-118

• Jurisdiction: Colorado
• Title 30: Government
• Art.: County Planning and Building Codes

Text

(1) (a) Appeals to the board of
adjustment may be taken by any person aggrieved by his inability to obtain a
building permit or by the decision of any administrative officer or agency based
upon or made in the course of the administration or enforcement of the provisions
of the zoning resolution. Appeals to the board of adjustment may be taken by any
officer, department, board, or bureau of the county affected by the grant or refusal
of a building permit or by other decision of an administrative officer or agency
based on or made in the course of the administration or enforcement of the
provisions of the zoning resolution. The time within which such appeal shall be
made, and the form or other procedure relating thereto, shall be as specified in the
general rules provided by the board of county commissioners to govern the
procedure of such board of adjustment or in the supplemental rules of procedure
adopted by such board.

(b) No such appeal to the board of adjustment shall be allowed for building
use violations that may be prosecuted pursuant to section 30-28-124 (1)(b).

(2) Upon appeals the board of adjustment has the following powers:

(a) To hear and decide appeals where it is alleged by the appellant that there
is error in any order, requirement, decision, or refusal made by an administrative
official or agency based on or made in the enforcement of the zoning resolution;

(b) To hear and decide, in accordance with the provisions of any such
resolution, requests for special exceptions or for interpretation of the map or for
decisions upon other special questions upon which such board is authorized by any
such resolution to pass;

(c) Where, by reason of exceptional narrowness, shallowness, or shape of a
specific piece of property at the time of the enactment of the regulation or by
reason of exceptional topographic conditions or other extraordinary and
exceptional situation or condition of such piece of property, the strict application of
any regulation enacted under this part 1 would result in peculiar and exceptional
practical difficulties to, or exceptional and undue hardship upon, the owner of such
property, to authorize, upon an appeal relating to said property, a variance from
such strict application so as to relieve such difficulties or hardship if such relief
may be granted without substantial detriment to the public good and without
substantially impairing the intent and purpose of the zone plan and zoning
resolutions. In determining whether difficulties to, or hardship upon, the owner of
such property exist, as used in this paragraph (c), the adequacy of access to
sunlight for solar energy devices installed on or after January 1, 1980, may properly
be considered. Regulations and restrictions of the height, number of stories, size of
buildings and other structures, and the height and location of trees and other
vegetation shall not apply to existing buildings, structures, trees, or vegetation
except for new growth on such vegetation.

(3) The concurring vote of four members of the board in the case of a five-member board and of three members in the case of a three-member board shall be
necessary to reverse any order, requirement, decision, or determination of any such
administrative official or agency or to decide in favor of the appellant.

Legislative History

Source: L. 39: p. 303, � 17. CSA: C. 45A, � 17. CRS 53: � 106-2-17. C.R.S. 1963: � 106-2-17. L. 77: (1) amended, p. 1458, � 2, effective June 9. L. 79: (2)(c) amended, p. 1161, � 7, effective May 25.