(a) Establishment. There is hereby established a Board of Adjustments (BOA). The membership of the BOA shall be composed of the Board of Trustees.
(b) Purpose. The BOA shall hear and decide appeals from any order, requirement, decision, or determination made by any administrative official charged with the enforcement of this Development Code. In addition, the BOA shall hear and decide all requests for a variance from the requirements of this Development Code. Such variance shall not be granted if it would be detrimental to the public good, create a conflict with the Creede Comprehensive Plan or impair the intent and purpose of this Development Code.
(c) Meetings. The meetings of the BOA shall be scheduled as necessary when variance applications or appeals are submitted to the City. Generally, meetings of the BOA shall be scheduled to coincide with meetings of the Board of Trustees as is convenient.
(d) General rules. The BOA shall follow the general rules and procedures of the Board of Trustees. The BOA may adopt specific rules which are consistent with the provisions of this Article. The Chairperson of the BOA shall be the same as the respective position with the Board of Trustees. The Chairperson may schedule meetings of the BOA. The Chairperson 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 shall be open to the public. The BOA 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. It shall keep records of its examinations and other official actions, all of which shall be a public record and immediately filed in the Creede Town Hall.
(e) Voting. The concurring vote of four (4) members of the Board of Adjustments shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official, or to decide in favor of the applicant any matter upon which it is required to pass under any such ordinance or to effect any variation in such ordinance.
(Ord. 395 §3, 2016)