HomeMy WebLinkAbout710387.tiff RESOLUTION
RE: BY-LAWS FOR THE WELD COUNTY BOARD OF ADJUSTMENT
The Weld County Board of Adjustment is subject to Article 2 of
Chapter 106, Colorado Revised Statutes 1953, as amended in 1959 and
also subject to a resolution creating the Board of Adjustment adopted
by the Weld County Board of County Commissioners on March 6, 1963.
Those sections of these two documents which specifically apply to the
organization and operation of the Weld County Board of Adjustment are
briefly summarized as follows:
I.
APPOINTMENT
1. The Board of Adjustment shall consist of five members
appointed by the Board of County Commissioners (Resolution, Paragraph
2. )
2. The terms of office of each member of the Board of Adjustment
after the first appointment shall be for a term of three years (Resolution,
Paragraph 7. )
3. Not more than half of the members of the Board of Adjustment
may, at any time, be members of the Planning Commission. (Statutes,
106-2-16. )
4. Any member of the Board of Adjustment may be removed for
cause by the Board of County Commissioners upon written charges and
after a public hearing. (Statutes, 106-2-16. )
5. Vacancies shall be filled for the unexpired term in the same
manner as in the case of original appointments. (Statutes, 106-2-16. )
6. The Board of County Commissioners may appoint associate
members of the Board of Adjustment and in the event that any regular
member be temporarily unable to act owing 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 an associate
member designated for the purpose. (Statutes, 106-2-16. )
II.
ORGANIZATION
1. All meetings of the Board of Adjustment shall be held at the
call of the Chairman and at such other times as the Board may determine.
(Resolution, Paragraph 9. ) All meetings of the Board of Adjustment shall
be open to the public. (Statutes, 106-2-16 and Resolution, Paragraph 10. )
2. 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. (Statutes,
106-2-16 and Resolution, Paragraph 10. )
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3. The concurring vote of four members of the Board of Adjustment
shall be necessary to reverse any order, requirement, decision or deter-
mination of an administrative official or agency or to decide in favor of the
appellant. 'Statutes, 106-2-17 and Resolution, Paragraph 11 . )
III.
FUNCTIONS AND POWERS
1. Actions of the Board of Adjustment shall be in conformance with
Colorado Revised Statutes, 1953, as amended in 1959 (106-2-17) and with
Paragraphs 9. 1 and 9. 2 of Section IX of the Weld County Zoning Resolution
which states as follows:
a. Appeals to the Board of Adjustment may be taken by any person
aggrieved by his inability to obtain a building permit, or by the decision of
any administrative officer or agency based upon or made in the course of
the administration or enforcement of the provisions of this Resolution.
Appeals may be taken by any officer, department, board or bureau of the
county affected by the granting or refusal of a building permit or other
decision of an administrative office or agency based on or made in the
course of the administration or enforcement of the provisions of this Resolution.
b. Appeals to the Board of Adjustment must be made in writing and
filed with the Board of Adjustment within 60 days of the act or failure to act
or decision appealed from.
c. Upon appeals the Board of Adjustment shall have the following
powers:
(1) To hear and decide appeals where it is alleged by
the appellant that there is error in any order, requirement,
decision or refusal made by an administrative official or
agency based on or made in the enforcement of the Weld
County Zoning Resolution.
(21 To hear and decide, in accordance with the pro-
visions of the Weld County Zoning as hereafter provided,
requests for special exceptions or for interpretation of the
zoning map or for conditional use permits as provided in
the Weld County Zoning Resolution.
(3) Where by reason of exceptional narrowness,
shallowness or shape of a specific piece of property at the
time of enactment of the Weld County Zoning Resolution,
or by reason of exceptional topographic conditions of such
piece of property, the strict application of any regulation
enacted under the Weld County Zoning Resolution would
result in peculiar and exceptional practical difficulties to,
or exceptional and undue hardship upon, the owner of such
property, a variance from such strict application may be
granted so as to relieve such difficulties or hardships;
provided, however, that such relief may be granted with-
out substantial detriment to the public good and without
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substantially impairing the intent and purpose of the Weld
County Zoning Resolution; and that there are exceptional
circumstances applying to the specific piece of property
which do not apply generally to the remaining property
in the same zoning area or neighborhood.
(4) To permit the extension of a non-conforming
use throughout a lot or any building thereon upon such
terms and conditions as the Board of Adjustment shall
deem just and proper; provided, that such extension may
be granted without substantial detriment to the public good
and without substantially impairing the intent and purpose
of the Weld County Zoning Resolution.
BY-LAWS
The following rules and regulations governing the procedures of
the Weld County Board of Adjustment are adopted in accordance with
Colorado Revised Statutes, 1953, as amended in 1959 and with the Weld
County Resolution creating the Board of Adjustment as passed by the
Board of County Commissioners on March 6, 1963:
ARTICLE I
OFFICERS
1. The Board of Adjustment shall organize annually at the first
regular meeting in each calendar year.
2. The Board of Adjustment shall elect a Chairman and a Vice
Chairman whose terms shall be for one year. The Chairman and Vice
Chairman shall be eligible for re-election.
3. The Board of County Commissioners shall appoint a Secretary
for the Board of Adjustment.
4. The Chairman shall preside at all meetings of the Board of
Adjustment; shall decide all points of order or procedure; and, may
administer oaths and compel the attendance of witnesses.
5. The Vice-Chairman shall assume the duties of the Chairman
in his absence.
6. 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 are published; mailing a notice of hearings by the
Board of Adjustment to property owners as specified in the Zoning
Resolution; obtaining a fee from appellants as required by the Zoning
Resolution; notifying members of the Board of Adjustment of forthcoming
meetings; 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.
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ARTICLE II
MEETINGS
1. The Board of Adjustment shall ordinarily hold at least one
regular meeting each month in the District Court hearing room, fourth
floor, Weld County Courthouse, Greeley, Colorado, at a time and date
to be designated by the Chairman.
2. Special meetings of the Board of Adjustment may be called
by the Chairman or in his absence by the Vice-Chairman provided at
least three days notice is given each member prior to any such special
meeting date.
3. The order of business at all meetings shall be as follows:
a. roll call;
b. approval of minutes of previous meeting;
c. unfinished business;
d. new business.
4. Where procedural and parliamentary rules adopted by the
Board of Adjustment do not conflict, parliamentary procedure shall
be according to the Robert's Rules of Order.
ARTICLE III
QUORUM
1. Four members of the Board of Adjustment shall constitute
a quorum for the transaction of business.
ARTICLE IV
EXPENSES
1. Within the limits of funds authorized by the Board of County
Commissioners, members of the Board of Adjustment may attend
planning conferences or meetings or visit other communities for a
better understanding of the function of the Board of Adjustment with the
payment of reasonable travel and other expenses incidental to such
attendance or visit paid by the County.
ARTICLE V
AMENDMENT
1. These By-Laws may be amended by an affirmative vote of
four members of the Board of Adjustment provided such amendment
has been submitted in writing to each member of the Board of Adjust-
ment at least seven days prior to the meeting at which such action is
taken.
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The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote:
Marshall . non
c
Glenn K. Billings
DATED: JANUARY 27, 1971
Halt S. Ashley ,
ATTEST:
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A-PPRQVFD AS TO FORM
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County A torney
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