HomeMy WebLinkAbout20213008.tiff RESOLUTION
RE: APPROVE AMENDED BYLAWS FOR 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, on January 27, 1971, the Board adopted the Bylaws for the Board of
Adjustment, and
WHEREAS, the Board has been presented with revisions to said Bylaws for the Board of
Adjustment, and
WHEREAS, after review, the Board deems it advisable to amend said Bylaws, a copy of
which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the amended Bylaws for the Board of Adjustment, be, and hereby are,
approved.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of October, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
CC�� ��,,,,,,/ WELD COUNTY, COLORADO
ATTEST: daki) W. •JiC,l,�o•
Steve Moreno, Chair
Weld County Clerk to the Board
/ - • Sc t K. James, Pro-Tern
BY: �/
Deputy Clerk to the Boa -ea-- ..zr '"♦ EXCUSED
t''`" �,��\ Perry L. Buck
APP . ED �w. o 'OR 4t „' 11
`' l i
e Freeman
ounty Attorney ,,, '1° ''\
Lori Sai
Date of signature: I 1/o2-/a-1
CC: gocC 04F),CA(Au-1 PL(TP/KR/mt) 2021-3008
PL0101
11/05/2-1
BOARD OF COUNTY COMMISSIONERS
PASS-AROUND REVIEW
PASS-AROUND TITLE: Board of Adjustment By-Laws
DEPARTMENT: BOCC DATE: 10.18.21
PERSON REQUESTING: Karla Ford, BOCC Office Manager
Brief description of the problem/issue:
The current BOA by-laws needed an update under membership to make it clear of how many
Planning Commissioners are allowed on this board per Colorado Revised Statues. The addition is
highlighted in yellow on the attachment.
Assistant County Attorney Bob Choate has reviewed and recommends the additions. On October 5,
2021, the BOA approved the additions and recommends the BOCC to approve.
What options exist for the Board? (include consequences, impacts, costs, etc, of options):
Approve the updated by-laws at the next regular BOCC meeting or deny the additions.
Recommendation:
Approve the updates and put on the next regular BOCC meeting agenda.
Approve Schedule
Recommendation Work Session Other/Comments:
1
Perry L. Buck (4
Mike Freeman I^l\f-
Scott K.James, Pro-tern
Steve Moreno, Chair I/Y
Lori Saine
2021-3008
l Of a5
PLO101
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 III - 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. Not more than half of the regular members of the Board of
Adjustment may at any time be members of the Planning Commission, per CRS §
30-28-117.
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/she is appointed at the time of
his/her appointment and during his/her term.
C. Two (2) at-large members shall be appointed by the Board of County
Commissioners.
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.
E. No member of the Board of Adjustment shall serve for more than two (2)
consecutive full terms.
1
ARTICLE IV - Officers
A. The Board of Adjustment shall organize at the first regular meeting after July of
each calendar year and shall elect a Chair and a Vice-Chair whose terms shall be
for one (1) year. The Chair and Vice-Chair shall be eligible for re-election.
B. The Department of Planning Services shall provide a secretary for the Board of
Adjustment. The secretary shall maintain the records of the Board of Adjustment.
C. The Chair, or in his/her absence the Vice-Chair, 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.
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 be conducted, at a regular time to be set by the
Chair of the Board of Adjustment. Hearings shall be held at the Weld County
Administration Building Assembly Room, 1150 0 Street, Greeley, Colorado or
such other publicly assessible building designated by the Chair of the Board of
Adjustment.
B. Special meetings of the Board of Adjustment may be called by the Chair, or in
his/her absence, the Vice-Chair, 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. Roll Call
2. Approval of minutes of previous meeting
3. New Business
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.
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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 be committed and attend
meetings of said Board.
B. No Board of Adjustment Member shall be absent for more than one-third (1/3) of
the meetings during any consecutive three (3) months. If any regular member
misses the above, the Board of Adjustment may recommend to the Board of
County Commissioners that the person be replaced on the Board of Adjustment.
C. It shall be the duty of the secretary to record the attendance of each member and
to notify the Chair if any member has failed to be committed and attend pursuant
to paragraph "B" above.
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
A. 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.
3
B. Once the Bylaws have been reviewed and approved by the Board of Adjustment,
they must be reviewed by the Weld County Commissioners through a pass-around
and then ratified on the agenda.
Amendments approved by Board of Adjustment—October 5, 2021
Amendments approved by Board of County Commissioners—October 25, 2021
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BYLAWS
Yt ` k EL COUNTY VIA ! 1 • F IJUSTMEcT
ARTICLE I - Name of Board
The Board shall be called the weld County Board of Adjustment in conformance with
CRS § § 3 0 - 28 - 117 and 30 - 28 - 118 , and Section 4 - 4 ( B ) of the weld County Dome 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 III - 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 . Not more than half of the regular members of the Board of
Adjustment may at any time be members of the Planning Commission , per CRS §
30 - 28 - 117 .
1 . 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 / she is appointed at the time of
his /her appointment and during his / her term .
C . Two ( 2 ) at - large members shall be appointed by the Board of County
Commissioners .
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 .
E . No member of the Board of Adjustment shall serve for more than two ( 2 )
consecutive full terms .
1
ARTICLE IV - Officers
A. The Board of Adjustment shall organize at the first regular meeting after July of
each calendar year and shall elect a Chair and a Vice-Chair whose terms shall be
for one (1)year. The Chair and Vice-Chair shall be eligible for re-election.
B. The Department of Planning Services shall provide a secretary for the Board of
Adjustment. The secretary shall maintain the records of the Board of Adjustment.
C. The Chair, or in his/her absence the Vice-Chair, 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.
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 be conducted, at a regular time to be set by the
Chair of the Board of Adjustment. Hearings shall be held at the Weld County
Administration Building Assembly Room, 1150 0 Street, Greeley, Colorado or
such other publicly assessible building designated by the Chair of the Board of
Adjustment.
B. Special meetings of the Board of Adjustment may be called by the Chair, or in
his/her absence, the Vice-Chair, 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. Roll Call
2. Approval of minutes of previous meeting
3. New Business
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
2
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 be committed and attend
meetings of said Board.
B. No Board of Adjustment Member shall be absent for more than one-third (1/3) of
the meetings during any consecutive three (3) months. If any regular member
misses the above, the Board of Adjustment may recommend to the Board of
County Commissioners that the person be replaced on the Board of Adjustment.
C. It shall be the duty of the secretary to record the attendance of each member and
to notify the Chair if any member has failed to be committed and attend pursuant
to paragraph`B" above.
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
A. 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
3
amendment is to be considered.
B. Once the Bylaws have been reviewed and approved by the Board of Adjustment,
they must be reviewed by the Weld County Commissioners through a pass-around
and then ratified on the agenda.
Amended by Board of Adjustment—July 21,
2-02-0October 5, 2021
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