(a) Establishment:
- There is hereby established the Pitkin County Board of Adjustment.
- The Board of Adjustment shall be composed of five members. The term of each member shall be two (2) years. The Board of County Commissioners shall establish staggered terms for the members.
- The Board of County Commissioners may in its discretion appoint up to five (5) alternate Board of Adjustment members.
- Any member of the Board of Adjustment may be removed for cause by the Board of County Commissioners.
- Vacancies on the Board of Adjustment shall be filled by the appointment of an alternate member who shall have served a minimum of one (1) year prior to appointment as a regular member. If there is no such alternate member, the Board of County Commissioners shall appoint other alternate members, as necessary. If there are no available alternate members, vacancies may be filled by the Board of County Commissioners in the same manner as original appointments.
- In the event that any regular member is temporarily unable to act owing to absence, illness, conflict of interest, or other cause, such position shall be filled during such temporary disability by an alternate member in accordance with the by-laws, if applicable, or by order of the chairperson.
- Each member and alternate shall be a resident of the County.
(b) Organization
- The Board of Adjustment may adopt by-laws approved by the Board of County Commissioners to establish its organization and procedures. A copy of such by-laws shall be available in the Community Development Department. The Board of Adjustment shall elect a chairperson from its members to serve a one-year term.
(c) Conduct of Business:
- Meetings of the Board of Adjustment shall be held at the call of the chairperson and at such other times as the Board of Adjustment in its rules or by-laws may specify. The chairperson or acting 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 of the Board of Adjustment shall be open to the public. The Board of Adjustment shall keep minutes of its proceedings showing the vote of each member upon each question, or, if absent or failing to vote, 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 of Adjustment and shall be a public record.
(d) Powers and Duties
- The Board of Adjustment is authorized to hear requests for Variances from the structure height or yard or road setback provisions established by this Land Use Code, pursuant to the procedures established in Sec. 2-40-110. The powers currently delegated to the Board of Adjustment by the Board of County Commissioners are summarized in Table 2-1.
(Code repealed and reenacted (all sections) by Ord. 014-D-2006, 07-05-06; § 2-10-30 amended (part) Ord. 019-09, 06-24-09)