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Home My WebLink About20202304.tiffRESOLUTION 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 27th day of July, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: daltot) ;ok, Weld County Clerk to the Board _ 1 BY: Deputy Clerk to the Board APP' e V ED A ounty A :rney Date of signature: 07/2-7/20 Mike Freeman, Chair Stev= Moreno, Pro -Tern t K. James CC:Bocc (KF),P(,.(TP) 07/27/20 2020-2304 PL0101 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. 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 appointment and during his 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 O 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. 2 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. Amended by Board of Adjustment — July 21, 2020 4 WELD COUNTY BOAR OF ADJUSTMENT ARTICLErticle 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. ArticleRTICL _ E; 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. ARTICLEi-ticle IIIII - 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. 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 appointment and during his term. C Two (2) at -large members shall be appointed by the Board of County Commissioners 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. F. No member of the Board of Adjustment shall serve for more than two (2) consecutive full terms. 1 . ARTICLErticle IV - Officers A. The Board of Adjustment shall organize annually at the first regular meeting after July 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--e-Gowny Commissioners Department of Planning Services shall appoint provide a Ssecretary for the Board of Adjustment--=n- Public. The secretary shall maintain the records of the Board of Adjustment. C. The Chairman, or in his/her 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. =y shall be responsible for k . • . 4 'U `V t nty-Zo Ding O ' 9 .. s� Q n r d of Adjustment to property owners, as -specified in the Weld County -Code; obtaining a fee from applicants as required by Res-o-luti-o-n of the . S they will participate; carrying o of the Board of Adjustment; and p-erfor mi • V T ArticleRTICLE V - Meetings i . . b Lb 4 L 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 e offices of the Weld County - - ' - - - - - - -7 at a regular time to be set by the Chairman of the Board of Adjustment. Hearings shall be held at the Weld County Administration Building Assembly Room, 1150 O 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 Chairman, or in his/her 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 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't*s Rules of Order. F. 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. ARTICLErticle VI - Quorum Four (4) members of the Board of Adjustment shall constitute a quorum for the transaction of business. ARTICLErticle VII - Attendance A. Members of the Board of Adjustment are required to be committed and faithfully attend meetings of said Board. 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 3 misses the above, period, the Board of Adjustment may recommend to the Board of County Commissioners that the person be replaced on the Board of Adjustment. said member be asked to sin n& -be CB. It shall be the duty of the risecretary to record the attendance of each member and to notify the Chairman if any member has failed to be committed and faithfully attend pursuant to paragraph "B" above. ARTICLErticle 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. w ARTICL Erticle 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. All amenapproved by the Board • • 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. June 28, 2006July 21, 2020 4 Amended by Board of Adjustment BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Board of Adjustment By -Laws Update DEPARTMENT: BOCC DATE: 7.22.20 PERSON REQUESTING: Karla Ford, BOCC Office Manager Brief description of the problem/issue: The BOA by-laws needed to be updated. Assistant County Attorney Bob Choate reviewed and approved the changes. The BOA approved the changes at the 7.21.20 meeting. What options exist for the Board? (include consequences, impacts, costs, etc. of options): Approve the updated by-laws or do not approve by-laws. Recommendation: Approve the updated by-laws and put on the 7.27.20 agenda for approval. Mike Freeman, Chair Scott K. James Barbara Kirkmeyer Steve Moreno, Pro-Tem Kevin D. Ross Approve Recommendation Work Session Schedule dt Other/Comments: 2020-2304 ©7/27 aotot Hello