CHAPTER 11
CITY OF NORTHGLENN ZONING ORDINANCE

ARTICLE 42
BOARD OF ADJUSTMENT

Section 11-42-1. Membership -- Qualifications.

(a)

The Council shall appoint a Board of Adjustment consisting of five members, each to be appointed for three years.

[Source: Ord. 1352, 2003]

(b)

Members of the Board shall be qualified electors of the City of Northglenn, and shall have such qualifications as the Council shall deem necessary and desirable in the best interest of the City, except that:

(1)

No elected officer of the City or member of the Northglenn Urban Renewal Authority shall be a member of the Board during his or her term of elected office.

[Source: Ord. 1352, 2003]

(2)

No employee of the City shall be a member of the Board during the term of his employment; and

(3)

No citizen member or alternate member of the Planning Commission shall be a regular member or alternate member of the Board.

[Source: Ord. 1352, 2003]

(c)

Any member of the Board shall be eligible for reappointment or for appointment to a different term.

[Source: Ord. 1352, 2003]

(d)

Any person appointed as a member of the Board of Adjustment shall serve as such member, notwithstanding the expiration of the term of appointment, until his or her successor is appointed and qualified.

[Source: Ord. 1352, 2003]

(e)

The Board of Adjustment shall be a continuing body, the proceedings of which shall be unaffected by the expiration of the term of any one or more of the members thereof.

[Source: Ord. 1352, 2003]

(f)

The Council shall also appoint two (2) alternate members who have the qualifications provided by ordinance for regular members.

(1)

In case of the absence from any meeting of a regular member, an alternate member selected so far as practicable in rotation shall be called to serve in lieu of the absent member, with all of the power, duties, and responsibilities of the regular member for whom such alternate member acts.

(2)

Each alternate member, on a rotation basis, shall attend regular meetings of the Board of Adjustment as provided in the Board of Adjustment Rules.

(3)

Alternate members shall be appointed for terms of three (3) years, the expiration of said terms being provided for by the Board of Adjustment Rules.

(4)

The alternate members so appointed shall be sworn in at a meeting of the Board of Adjustment.

[Source: Ord. 1352, 2003]

(g)

Members of the Board shall receive no compensation as such, but shall be paid a sum set by City Council as reimbursement for expenses.

[Source: Ord. 1352, 2003]

Section 11-42-2. Powers of Board. The Board of Adjustment shall have the following powers:

(a)

To hear and decide appeals from and review:

(1)

Any order, requirement, decision or determination made by an administrative official charged with the enforcement of this Ordinance.

[Source: Ord. 266, 1973]

(2)

Any order, requirement, decision or determination made by the Planning Commission on any application for a Permitted Use Permit, Temporary Use Permit, or Special Use Permit.

[Source: Ord. 266, 1973]

(b)

To hear and decide, in accordance with the provisions of this Ordinance, any matter upon which it is required to pass under the provisions of the ordinances of the City.

[Source: Ord. 179, 1973]

(c)

Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this Ordinance, the Board of Adjustment shall have the power in passing upon appeals, to vary or modify the application of the regulations or provisions of this Ordinance relating to the use, construction or alteration of buildings or structures, or the use of land, so that the spirit of the Ordinance shall be observed, public safety and welfare secured, and substantial justice done.

[Source: Ord. 179, 1973]

Section 11-42-3. Voting.

(a)

The concurring vote of four (4) members of the Board shall be necessary:

(1)

To reverse any order, requirement, decision or determination of an administrative official;

(2)

To decide in favor of the applicant any matter upon which it is required to pass under the provisions of this Ordinance or under the provisions of the Subdivision Regulations of the City of Northglenn; or

(3)

To effect or grant any variation or variance in this Ordinance.

(b)

Except as provided in Section 11-42-3(a), the business of the Board shall be transacted by such vote of the membership as the Board shall prescribe by general rule.

[Source: Ord. 179, 1973]

Section 11-42-4. Public Hearings.

(a)

The Board shall hold a public hearing on each application or appeal.

(b)

The Board shall cause at least fifteen (15) days notice of the time and place of public hearing to be published in a newspaper of general circulation in the City of Northglenn and shall also post notice for a period of fifteen (15) days on the property where the permit is to be effective. The Board shall also give notice by mailing or delivering to either 35 of the residents residing within an area immediately surrounding the applicant's location or to all residents within 500 feet from the applicant's location, whichever is less.

[Source: Ord. 488, 1977]

Section 11-42-5. Appeals to Board.

(a)

Any appeal to the Board of Adjustment from an order, requirement, decision or determination of an administrative official shall be taken within such time as shall be prescribed by the Board of Adjustment by general rule, by filing with the agency or the officer from whom the appeal is taken to the Board of Adjustment, a notice of appeal, specifying the grounds thereof. The agency or the officer from whom the appeal is taken shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.

(b)

An appeal stays all proceedings concerning the action appealed from, unless the agency or officer from whom the appeal is taken certifies to the Board, after the notice of appeal has been filed, that, by reason of the facts stated in the certificate, a stay would cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by restraining order granted by the Board or a Court on application and on notice to the agency or the officer from whom the appeal is taken and for good cause shown.

(c)

The Board shall fix a reasonable time for the hearing of the appeal and give due notice thereof to the parties, and decide the same within a reasonable time. Upon hearing, any party may appear in person or by agent or by attorney.

(d)

The Board may reverse or affirm wholly or partly, or may modify the order, requirement, decision, or determination appealed from and shall make such order, requirement, decision, or determination as in its opinion ought to be made in the premises, and to that end shall have the powers of the agency or the officer from whom the appeal was taken.

[Source: Ord. 179, 1973]

Section 11-42-6. Variances.

(a)

Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of the enactment of the Zoning Ordinance, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of the Zoning Ordinance would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardships upon, the owner of such property, the Board may authorize, upon an appeal relating to the property, a variance from such strict application so as to relieve such difficulties or hardship as long as such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the Zoning Ordinance. No such variance shall be authorized by the Board unless it finds that:

(1)

The strict application of the Zoning Ordinance would produce undue hardship;

(2)

Such hardship is not shared generally by other properties in the same zoning district and the same vicinity;

(3)

The authorization of such variance will not be of substantial detriment to adjacent property and the character of the district will not be changed by the granting of the variance; and

(4)

The granting of such variance is based upon reasons of demonstrable and exceptional hardship as distinguished from variations for purposes of convenience, profit, or caprice.

(b)

A variance may also be granted by the Board where strict application of the Zoning Ordinance would prevent achieving a public purpose. A public purpose may include, but shall not be limited to: protection of public safety; provision of public facilities including roadways, walkways, trails, water and sewer utilities, and storm drainage facilities; provision of public or private landscaping and open space; and accommodation of beneficial economic development projects. No such variance shall be authorized by the Board unless it finds that:

(1)

The strict application of the Zoning Ordinance would prevent achieving a clearly defined public purpose; and

(2)

The authorization of such variance will not be of substantial detriment to adjacent property and the character of the district will not be changed by the granting of the variance.

[Source: Ord. 1238, 1999]

Section 11-42-7. Decision -- Effective Date -- Execution.

(a)

Every decision and determination of the Board, unless a different time is expressly stated therein, shall be final, for purposes of review or appeal, on the date of the decision, or on the date of denial of an application for rehearing, whichever is later, except that when an application for rehearing is granted, the decision on rehearing shall be final, for such purposes, on the date thereof.

(b)

Any decision or determination of the Board which requires the concurring vote of four or more members of the Board under the provisions of Section 11-42-3(a) of this Ordinance shall be automatically stayed for 10 days after the date of decision, unless:

(1)

The Board finds that by reason of facts stated in the decision a stay would cause imminent peril to life or property.

(c)

During the period of such automatic stay, no action shall be taken toward the enforcement or implementation of the decision, and no license, permit, variance, certificate or other document shall issue in pursuance of such decision except the certification of copies of the decision and any supporting documents or exhibits.

(d)

Any decision or determination of the Board not subject to the automatic stay under the provisions of this Section shall nevertheless be subject to review or appeal as in other cases, and any action taken toward the enforcement or implementation of the decision, together with any license, permit, variance, certificate or other document issued in pursuance of such decision, shall be subject to such review or appeal.

[Source: Ord. 179, 1973]

(e)

Within three (3) working days following any decision by the Board on a variance request or on any matter appealed to the Board pursuant to Section 11-42-2(a) hereof, the Director of Community Development shall notify, in writing, each member of the City Council of such decision.

[Source: Ord. 723, 1984]

Section 11-42-8. Review by City Council.

(a)

Every decision or determination of the Board of Adjustment shall be subject to review by the City Council upon application of:

(1)

The City Manager;

(2)

The Mayor;

(3)

Any member of the City Council;

(4)

The applicant; or

(5)

Any aggrieved person.

(b)

Notice of an application for review shall specify the grounds therefor and shall be filed with the City Clerk, or with the Secretary of the Board of Adjustment, within 10 days following the effective date of the decision or determination sought to be reviewed. Upon the receipt of such notice or application, the officer receiving the same shall cause notice to be given to the Chairman of the Board, the City Manager, and the applicant.

(c)

The filing of a notice of application for review, except as provided in Section 11-42-7(b)(1), stays all proceedings on the decision or determination and the enforcement or implementation thereof until the next regular meeting of the City Council; provided, however, that the provisions of this Section shall not prevent the Board of Adjustment from receiving and acting upon an application for rehearing, in which case the review proceedings under this Section shall terminate.

(d)

Upon the filing of the notice required by this Section, the Secretary of the Board shall forthwith transmit to the City Clerk all the papers constituting the record upon which the action sought to be reviewed was taken, including any papers transmitted to the Board by an officer from whose decision or determination an appeal to the Board was taken in the first instance.

(e)

At the next ensuing regular meeting of the City Council, the City Clerk shall deliver the notice of application for review, and the papers required by Section 11-42-8(d) to the City Council which may, in its discretion, either grant or deny the application for review.

(f)

If the application for review is denied, the City Clerk shall cause the notice and papers to be transmitted to the Board of Adjustment and the decision of the Board shall be deemed affirmed.

(g)

If the application for review is granted, the City Council may:

(1)

Review the record of proceedings before the Board. Such review shall be limited to a determination as to whether the Board exceeded its jurisdiction or abused its discretion.

(2)

If the record of proceedings before the Board is insufficient or incomplete to afford the basis for review, the City Council may decline to review the decision or determination and remand the case to the Board with direction to rehear all or part of the case; or it may remand the case to the Board with directions to complete or supply the incomplete or insufficient portions of the record, or to make, enter, or clarify findings of fact, and thereupon to transmit the case back to the Council for review. The finality of the decision or determination subject to review shall be suspended during the period of any remand to the Board under this Subsection.

(h)

The City Council, in reviewing any decision or determination pursuant to the provisions of the Section, may:

(1)

Affirm the decision or determination.

(2)

Reverse the decision or determination of the Board, in whole or in part, with or without modification. Any reversal or modification of a decision or determination of the Board shall require the affirmative vote of a majority of the members of the Council entitled to vote thereon; provided, however, that any decision of the Council upon a matter as to which a concurring vote of four members of the Board is required by the provisions of Section 11-42-3(a)(2) or 11-42-3(a)(3) shall require the concurring vote of three-fourths of the elected members of the Council.

(i)

Whenever the City Council in review proceedings reverses or modifies a decision or determination of the Board, the decision of the Council shall be reduced to writing and transmitted to the Board. Such decision shall be entered by the Secretary of the Board in the records of the case, and, unless further proceedings are required pursuant to the direction of the Council, the decision of the Council shall become the final decision in the case.

[Source: Ord. 179, 1973]

Section 11-42-9. Appeals -- Certiorari.

(a)

Every final decision of the Board of Adjustment shall be subject to review by certiorari, in the manner provided by 139-60-7(1), Colorado Revised Statutes 1963, as amended. The term "appeal," as used in this Ordinance with reference to appeals from decisions and determinations of the Board of Adjustment, means review by certiorari under this Section.

(b)

An appeal may be taken by any person aggrieved by a decision or determination of the Board of Adjustment.

(c)

An appeal may be taken by an officer, department, board or bureau of the City of Northglenn, except when review proceedings under the provisions of Section 11-42-8 are pending.

(d)

A final decision entered in review proceedings under the provisions of Section 11-42-8 may be appealed as provided in this Section.

[Source: Ord. 179, 1973]

Section 11-42-10. Officers of Board. The Board shall elect a Chairman and Vice-Chairman from among its members, whose term shall be one year. A Secretary shall be appointed by the Board for a term of one year.

[Source: Ord. 179, 1973]

Section 11-42-11. Meetings -- Procedure -- Rules.

(a)

Meetings of the Board of Adjustment shall be held at the call of the Chairman and at such other times the Board in its Rules of Procedure shall specify.

(b)

The Chairman or in his absence the Vice-Chairman or an Acting Chairman may administer oaths and compel the attendance of witnesses by application to the District Court.

(c)

All meetings of the Board of Adjustment shall be open to the public.

(d)

The Board shall keep minutes of its proceedings, showing the vote of each member on each question, or if absent and 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 City of Northglenn and shall be public records.

(e)

The Board may adopt rules and procedures consistent with this Ordinance.

[Source: Ord. 179, 1973]

Section 11-42-12. Vacancies.

(a)

A vacancy on the Board of Adjustment shall exist upon the resignation, death or removal of any member, or upon the termination of the term of any member otherwise than by expiration of his term.

(b)

Any vacancy on the Board shall be filled, for the balance of the unexpired term, in the manner provided by Section 11-42-1 for appointment of members.

[Source: Ord. 179, 1973]

Section 11-42-13. Removal -- Termination.

(a)

Members of the Board may be removed by the Council, after public hearing, for neglect of duty or malfeasance in office. Such public hearing shall be held only after the filing by the Mayor or any Councilman, or by the Board of Adjustment, of written charges and upon proper notice.

(b)

The election of any member of the Board to municipal office of the City shall terminate the term of such member as of the date of commencement of the term of elected office.

[Source: Ord. 179, 1973]

(c)

The term of any member of the Board of Adjustment shall terminate in the event such member shall cease to be a bona fide resident of the City.

Section 11-42-14. Fees -- Exemptions.

(a)

An application to the Board of Adjustment for a variance under the provisions of Section 11-42-6 or Section 11-42-2(c) of this Chapter shall be accompanied by payment of the fee provided by Section 11-45-2(a) of this Chapter, unless the applicant is exempted by ordinance from the payment of such fee.

(b)

In every case of appeal to the Board of Adjustment from an order, requirement, decision or determination of an administrative official or the Planning Commission, the appealing party shall pay the filing fee, in the amount provided by Section 11-45-2(b) of this Chapter, at the time of filing the notice of appeal; provided, however, that in any case in which the relief sought by the appealing party is a variance, the filing fee shall be paid in the amount required in cases of application for variances as provided in Section 11-42-14 of this Chapter.

(c)

If, at any stage of the proceedings on an appeal commenced as provided in Section 11-42-14(b), it shall appear that the relief sought by the appealing party consists in whole or in part of a variance, the Board shall require payment of the application fee for a variance, less any amount paid as filing fee for the appeal, before rendering a final decision in the case.

(d)

A variance is a "permit" within the meaning of Section 18-1-1(b) of the Municipal Code, and the Board of Adjustment is "licensing authority" within the meaning of Section 18-1-1(c) of the Municipal Code. The provisions of Article 1 of Chapter 18 of the Municipal Code shall apply to variances except as otherwise provided in this Article.

[Source: Ord. 289, 1973; 1653, 2013]

Section 11-42-15. Compensation of Board of Adjustment Members.

(a)

The City Council finds and declares that the payment of compensation to members and alternate members of the Board of Adjustment will have the effect of broadening the base of citizen participation in municipal affairs by extending to persons otherwise unable to afford the expense of such participation, including child care, the opportunity to participate, and will compensate all such members for their personal expenses incurred in attending and participating in Board of Adjustment activities, in the best interests of the City.

(b)

Each member or alternate member actually sitting in a regular meeting or hearing of the Board of Adjustment shall receive compensation therefor in the amount of twenty dollars ($20.00), up to a maximum of forty dollars ($40.00) in any month.

(c)

The maximum amount paid to the members and alternate members of the Board of Adjustment shall be two hundred dollars ($200.00) in any one calendar month.

[Source: Ord. 351, 1974]