HomeMy WebLinkAbout20061749.tiff RESOLUTION
RE: APPROVE AMENDMENT TO BYLAWS - BOARD OF ADJUSTMENT
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, by Resolution dated January 27, 1971, the Board approved Bylaws for the
Board of Adjustment, and
WHEREAS, the Board has been presented with an Amendment to said Bylaws for the
Board of Adjustment, and
WHEREAS, after review, the Board deems it advisable to amend said bylaws, a copy of
said amended Bylaws being attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Bylaws for the Weld County Board of Adjustment be, and hereby are,
approved as amended.
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 28th day of June, A.D., 2006.
EL'C BOARD OF UNTY COMMISSIONERS
`� WELD C'?TY COLORADO
ATTEST: A "f
. eile, Chair
Weld County Clerk to the `-; tZe_4
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BY: 1I -
David E. Long, Pro-Tem
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ty Clerk to the Board �1
am H. Jerke
APPR AS TO FO
Robert
D. Masd
rney I Qtt-i{
Date of signature:
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2006-1749
PL0101
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BYLAWS
WELD COUNTY BOARD OF ADJUSTMENT
Article I -Name of Board
The Board shall be called the Weld County Board of Adjustment in conformance with CRS §§
30-28-117 and 30-28-118, and Section 4-4(B)of the Weld County Home Rule Charter.
Article II - Functions and Duties of the Board of Adjustment
The Board of Adjustment shall perform such functions and duties as are provided by the
Colorado Revised Statutes and by Sections 23-6-10 through 23-6-50 of the Weld County Code.
Article Ill - Membership of the Board of Adjustment
A. The Board of Adjustment shall consist of five(5)regular members appointed by the
Board of County Commissioners for the same terms as the Planning Commission. Two
(2)regular members of the Board of Adjustment may also be serving concurrent terms on
the Planning Commission.
B. The Board of County Commissioners shall appoint one(1)member from each of the
County Commissioner Districts in Weld County. Each member shall reside within the
Commissioner District for which he is appointed at the time of his appointment and
during his term.
C. Two (2)members shall be appointed by the Board of County Commissioners from the
county-at-large.
D. The Board of County Commissioners shall appoint three(3) associate members of the
Board of Adjustment to be selected from the county-at-large. In their selection of said
associate members, said Board of County Commissioners shall attempt to obtain
representation from a broad geographical cross-section of Weld County. The term of
office of each associate member shall be for three(3) years, said terms to be staggered so
that one associate member is appointed each year. In the event any regular member of
the Board is temporarily unable to act due to absence from the County, illness, interest in
a case before the Board, or any other cause, his place may be taken during such
temporary disability by one of the associate members. All of the associate members may
be serving concurrent terms on the Planning Commission.
E. No member of the Board of Adjustment shall serve for more than two consecutive terms.
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Article IV- Officers
A. The Board of Adjustment shall organize annually at the first regular meeting of each
calendar year and shall elect a Chairman and a Vice-Chairman whose terms shall be for
one(1) year. The Chairman and Vice-Chairman shall be eligible for re-election.
B. The Board of County Commissioners shall appoint a Secretary for the Board of
Adjustment who shall be a Notary Public.
C. The Chairman, or in his absence the Vice-Chairman, shall preside at all meetings of the
Board of Adjustment and shall decide all points of order or procedure in accordance with
Roberts Rules of Order.
D. The Secretary shall be responsible for keeping the minutes of the Board of Adjustment;
seeing that a notice of all hearings before the Board of Adjustment is published if
required by the Weld County Zoning Ordinance; mailing a notice of hearings for the
Board of Adjustment to property owners, as specified in the Weld County Code;
obtaining a fee from applicants as required by Resolution of the Board of County
Commissioners; notifying members of forthcoming meetings; notifying associate
members of the Board of Adjustment of meetings at which they will participate; carrying
out routine correspondence; maintaining the records of the Board of Adjustment; and
performing such other administrative duties as may be requested by the Board of
Adjustment or the Board of County Commissioners.
Article V - Meetings
A. The Board of Adjustment shall meet on the first and third Tuesday of each month
provided that there is business to conduct, at the offices of the Weld County Department
of Planning Services, at a regular time to be set by the Chairman of the Board of
Adjustment.
B. Special meetings of the Board of Adjustment may be called by the Chairman, or in his
absence by the Vice-Chairman, provided that at least three(3) days notice is given each
member prior to any such special meeting date.
C. The Order of Business at all meetings shall be as follows:
1. Role call;
2. Approval of minutes of previous meeting;
3. Unfinished business;
4. New business.
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D. Where procedural and parliamentary rules adopted by the Board of Adjustment or the
Weld County Home Rule Charter do not conflict, parliamentary procedure shall be
according to the Robert's Rules of Order.
E. All meetings of the Board of Adjustment shall be open to the public.
F. 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, 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 Board of Adjustment and shall be a public record.
G. The concurring vote of four(4)members of the Board of Adjustment shall be necessary
to reverse any order,requirement, decision, or determination of an administrative official
or agency or to decide in favor of an appellant, except that the concurring vote of only
three(3)members shall be necessary to grant a variance from the strict application of
regulations adopted pursuant to Weld County's zoning authority.
H. Following the presentation of testimony and discussion by members of the Board of
Adjustment, a member of the Board shall call for a vote on whether or not the appeal
should be decided in favor of the Appellant. A vote of"yes" shall be a vote in favor of
the Appellant's position; a vote of"no" shall be a vote opposed to the Appellant's
position. It shall be incumbent upon the prevailing side to recite into the record the
reasons for approval.
Article VI - Quorum
Four(4)members of the Board of Adjustment shall constitute a quorum for the transaction of
business.
Article VII -Attendance
A. Members of the Board of Adjustment are required to faithfully attend meetings of said
Board.
B. If any regular member misses three(3) consecutive meetings or misses more than 40%of
the meetings in any three (3)month period, the Board of Adjustment may recommend to
the Board of County Commissioners that said member be asked to show cause why he
should not be removed for his failure to faithfully attend the meetings of said Board.
C. It shall be the duty of the Secretary to record the attendance of each member and to notify
the Chairman if any member has failed to faithfully attend pursuant to paragraph"B"
above.
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Article VIII - Expenses
Within the limits of funds authorized by the Board of County Commissioners, members of the
Board of Adjustment shall be reimbursed for mileage and other expenses incidental to the
performance of their duties as members of the Board.
Article IX- Amendments
These Bylaws may be amended by an affirmative vote of four(4) members of the Board of
Adjustment. No amendment to these Bylaws shall be considered at any meeting of the Board of
Adjustment unless first submitted in writing to each member of the Board at least seven(7) days
prior to the meeting at which said amendment is to be considered. All amendments must be
approved by the Board of County Commissioners before they become effective.
Amended - , 2006
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