There is hereby created and established a Board of Adjustment and Appeals consisting of the number of members from time to time specified by the Council by ordinance. Such members shall be appointed by the Council for terms to be established by the Council at the time of appointment. Each member shall be a taxpaying elector and in addition shall have resided in the area comprising the Town at the time of their appointment for at least one year immediately preceding the date of their appointment.

The Board shall have power to hear and determine appeals from refusals of building permits in violation of zoning ordinance; to make exceptions to the terms of the zoning regulations in harmony with their general purpose and intent; and to authorize variances from the strict application of the zoning regulations in such situations, subject to such limitations as may be set by ordinance. The findings and decisions of the Board shall be final, subject only to judicial review.

The Board shall keep minutes of its proceedings, show the vote taken, keep records of its examinations and other official actions. Every order, requirement, decision or determination of the Board shall be filed in the office of the Clerk.

The Board shall exercise the functions and powers and perform the duties assigned to it by this Charter and the ordinances of the Town; and where not otherwise provided by ordinance or Charter, the Board shall have the powers, perform the functions, and follow the procedures set forth in the Statutes of the State of Colorado. (Amended by Charter election held on 11-05-91; amended by Charter election held on 11-04-03; amended by Charter election held on 11-07-23)