DOUGLAS COUNTY BOARD OF ADJUSTMENT RULES OF PROCEDURE

Transcription

1 DOUGLAS COUNTY BOARD OF ADJUSTMENT RULES OF PROCEDURE Adopted February 2007

2 A P P E N D I X C CONDUCT OF PUBLIC HEARINGS/MEETINGS (Additional instructions for the Chair) 1. Roll Call The Chair calls the public hearing/meeting to order and a roll call of Board of Adjustment members present at the public hearing/meeting is conducted. At this time, it will be announced whether or not there is a quorum present to conduct the public hearing/meeting. 2. Jurisdiction The County Attorney s staff will verify that the Board of Adjustment has jurisdiction to hear the items on the agenda. 3. Instructions to Speakers The Chair shall instruct speakers in the audience to: a. State and spell name, place of residence, and whether they represent themselves or some organization. b. Address all questions and concerns to Board of Adjustment members (Dialogue between the applicant and those members of the public addressing the members is not permitted). c. Avoid undue repetition of issues. d. A specific time frame for each speaker is announced generally three minutes for an individual and six minutes for a HOA or referral agency. 4. Conduct of Business a. The Chair shall conduct the business as presented on the agenda unless a specific adjustment is made at the beginning of the public hearing/meeting. b. The Chair has the discretion of limiting the time allotted for input from the staff, the applicant, and the public. 5. Presentation Procedure a. The Chair will call the first agenda item. b. Staff Presentation (1) Staff name. (2) Project name and number. (3) Description of request. (4) Staff analysis/recommendation. (5) Answer questions from the Board of Adjustment members. c. Applicant Presentation The applicant shall, when called to the podium by the Chair: (1) State name. (2) Who (s)he represents (if applicant s representative). (3) Provide a brief description of the request. (4) Answer questions from the Board of Adjustment members. C-1

3 d. Public Comment Those persons requesting to speak on the item before the Board shall line up to speak. e. Final Comment (1) The Chair shall ask the applicant for any final comments. (2) The Chair shall ask staff for final comments, a summary of outstanding conditions, and a list of actions to be taken. f. Closure of Public Hearing/Meeting for Public Testimony Upon closure of public testimony, the Chair shall ask the Board members if they have any final comments. No other public testimony will be taken, unless public testimony is reopened by majority vote of the Board. g. Motion Procedure (1) Main Motion The statement of a motion must be uninterrupted even if another Board member intends to amend the motion. The main motion requires a second. (a) Prior to discussion on the motion, the recording secretary shall read the motion back so that the exact wording of the motion is clear to the Board members. (b) Discussion then takes place. The only debate permitted is on the main motion. (2) Amendments to the Main Motion (a) Formal Amendment - A formal means of amending the main motion requires a secondary motion. While the main motion is on the floor, a member may move to amend it. (A motion to amend requires a second.) The motion is read as it would be amended and debate centers on the amendment only. A vote for approval or denial is taken on the amendment. The motion is once again read and debate continues on the main motion. (b) Friendly Amendment - A friendly amendment can be offered to the Board member who made the main motion. This is a suggested change, which if accepted, does not require a second or a formal vote. If a friendly amendment is offered and accepted, the recording secretary again reads the main motion as changed. The Board member who made the original motion may choose not to accept the friendly amendment). (3) Reconsidering the Adopted Motion If any change is desired in an adopted motion, a Board member who voted for the original motion may initiate a motion for reconsideration of the motion. (A motion to reconsider requires a second.) After debate, a vote is taken to reconsider. If a majority of those present votes to reconsider, the original motion returns to the floor. h. Voting (1) After all discussion has taken place, the Chair shall conduct a vote. All votes shall be called. The Chair shall always vote last. Findings of fact may be included with all unanimous votes. In the event of a dissenting vote(s), a minority report should be given by those so voting. (2) All votes shall be recorded in the minutes of the public hearing/meeting. (3) A Board member may request any specific comment to be included in the C-2

4 record even if not a part of the motion. i. Reconsidering the Adopted Motion If any change is desired to an adopted motion, a Board member who voted for the original motion may initiate a motion for reconsideration of the motion. (A motion to reconsider requires a second.) After debate, a vote is taken to reconsider. If a majority of those present votes to reconsider, the original motion returns to the floor. C-3

5 A P P E N D I X B BASICS OF A GOOD PUBLIC HEARING GOAL: That the applicant and the public feel that the hearing was fair and they were provided the opportunity to express their views. Implementation: 1. Make time and place of the hearing convenient to the public. 2. Make copies of the agenda available. 3. Identify the order of events and the rules of procedure at the outset. Procedure is generally formal - Roberts Rules of Order, or BOA may adopt its own procedures governing application, posting, notice, hearing, decision and rehearing. 4. Provide opportunity for public testimony. 5. Establish and enforce time limits. 6. Thank the public for attending and expressing their views. B-1

6 A P P E N D I X A (EXAMPLE: Resolution for Approval) RESOLUTION NO. THE DOUGLAS COUNTY BOARD OF ADJUSTMENT WHEREAS, (the applicant's name) filed a petition requesting ; and WHEREAS, a public hearing was held by the Douglas County Board of Adjustment on ; and WHEREAS, based on the evidence, testimony and exhibits, comments of the Douglas County Department of Planning and Community Development, comments of public officials and agencies, and comments from all interested parties, this Board finds as follows: 1. That proper posting and public notice of this hearing were provided as required by law. 2. That the hearing before this Board was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at said hearing. 3. That the applicant has demonstrated that strict application of the Zoning Resolution will result in peculiar and exceptional practical difficulties or exceptional and undue hardship by reason of (exceptional narrowness, shallowness or shape of a specific piece of property, or by reason of exceptional topographic conditions, or other extraordinary and exceptional situation or condition of such piece of property). 4. That such variance would not result in substantial detriment to the public good and would not substantially impair the intent and purpose of the Zoning Resolution. NOW, THEREFORE, BE IT RESOLVED by the Douglas County Board of Adjustment that the above variance request be approved, subject to the following conditions: PASSED AND ADOPTED this day of, 20, in Castle Rock, Douglas County, Colorado. DOUGLAS COUNTY BOARD OF ADJUSTMENT By:, Chair A - 1

7 A P P E N D I X A (EXAMPLE: Resolution for Denial) RESOLUTION NO. THE DOUGLAS COUNTY BOARD OF ADJUSTMENT WHEREAS, (the applicant's name) filed a petition requesting ; and WHEREAS, a public hearing was held by the Douglas County Board of Adjustment on ; and WHEREAS, based on the evidence, testimony and exhibits, comments of the Douglas County Department of Planning and Community Development, comments of public officials and agencies, and comments from all interested parties, this Board finds as follows: 1. That proper posting and public notice of this hearing were provided as required by law. 2. That the hearing before this Board was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at said hearing. 3. That the applicant has not demonstrated that a strict application of the Zoning Resolution will result in peculiar and exceptional practical difficulties or exceptional and undue hardship. 4. That such variance would not result in substantial detriment to the public good and would substantially impair the intent and purpose of the Zoning Resolution. NOW, THEREFORE, BE IT RESOLVED by the Douglas County Board of Adjustment that the above variance request be denied. PASSED AND ADOPTED this day of, 20, in Castle Rock, Douglas County, Colorado. DOUGLAS COUNTY BOARD OF ADJUSTMENT By:, Chair A-2

8 PART I AUTHORITY The Douglas County Board of Adjustment is authorized to adopt rules and regulations governing its procedures. (CRS Section (2), 1973, as amended.) PART II Section 1 MEMBERSHIP Total Membership Unless otherwise authorized by the Board of County Commissioners, the Douglas County Board of Adjustment shall consist of five (5) regular members. And the Planning Commission members shall act as alternate members; however, not more than half of the members of such Board may at any time be Planning Commission members (CRS (1)). Section 2 Absence of Quorum A quorum of the Board of Adjustment shall be a minimum of four (4) regular or associate members. No meeting shall be held unless a quorum is present. In the absence of a quorum, any scheduled meeting shall be terminated by the presiding members within a reasonable time after gathering. If a meeting has not been convened due to lack of quorum, the Chairperson or Vice-Chairperson shall instruct the Planning Division staff to reschedule the meeting to the earliest possible time. Staff will then post a notice of such continuance and rescheduling on the outside door of the Administration Building, as well as other public posting places in the Administration Building, and the adjacent landowners will be renotified by staff. Section 3 Eligibility To be eligible for regular or alternate positions with the Board of Adjustment, all applicants must be residents of Douglas County. Section 4 Term 401 General Time of Appointment Regular and alternate members of the Board of Adjustment may be appointed by the Board of County Commissioners at or before the annual or organizational meeting of the Board of Adjustment or at such other times as are necessary to complete terms and to fill vacancies caused by resignation, removal, death or incapacity. The terms of office shall be staggered so that the term of at least one member expires each year. 1

9 Reappointments Regular and alternate members may be reappointed at the discretion of the Board. 402 Regular Members The term for regular members shall be fixed by the Board of County Commissioners or, until their respective successors have been appointed (CRS (1). In case of a vacancy, an appointment shall be for the purpose of completing the term of the vacating member. 403 Alternate Members The term of alternate members shall coincide with their Planning Commission term. Section 5 Removal 501 General The Board of County Commissioners shall provide for removal from office of any member for nonperformance of duty or misconduct upon written charges and after a public hearing (CRS (1)). 502 Excessive Absence Six (6) absences from public meetings in any year or three (3) successive absences may constitute grounds for removal. The Director of Planning and Community Development may report the fact of such absences, along with any known mitigating factors, to the Board of County Commissioners who will make the determination. Section 6 Compensation The members of the Commission may receive per diem compensation as may be fixed by the Board of County Commissioners, and the Board of County Commissioners shall provide for reimbursement of the members of the Commission for actual expenses incurred. Section 7 Officers 701 Election At the first regular meeting of the new calendar year, or at such other time as may be established by a vote of the Board of Adjustment, an election of officers shall be conducted. Officers shall include a Chair, a Vice-Chair, and a Secretary. Other positions may be created by the Board of Adjustment as needed. Alternate 2

10 members will not vote in the election of officers and may not be elected to any such office. A majority vote of the members is required to elect all officers. 702 Term of Officers The term of elected officers shall be for one (1) year. Members may serve consecutive terms in the same office. (Amended 11/15/94.) PART III Section 1 POWERS, DUTIES AND RESPONSIBILITIES Board of Adjustment The Douglas County Board of Adjustment shall carry out such powers, duties, and responsibilities according to CRS Sections and , et seq., as amended. To ensure that all Board of Adjustment members are presented the same evidence upon which to make a decision, in an open, fair, and lawful process, all public testimony must be presented at the hearing. Therefore, while applications are in process, members shall not engage in private discussions regarding the application, but shall encourage the applicant or citizen to testify at the hearing. Section 2 Chair The duties of the Chair shall be as follows: 201 Preside at all meetings of the Board. (See the Appendix for additional instruction on conducting meetings.) 202 Call special meetings of the Board, as needed, in accordance with these Rules of Procedure. 203 Sign the documents of the Board (other than minutes). 204 See that all actions of the Board are properly taken. 205 Cancel regular meetings for cause, including, but not limited to: absence of quorum, absence of an agenda, meeting date falls on a holiday, or hazardous weather conditions. Section 3 Vice-Chair In the case of absence or disability of the Chair, the Vice-Chair shall perform the functions of the office of the Chair. Section 4 Secretary 3

11 The Secretary shall sign the minutes of the Board of Adjustment public meetings/hearings. In the case of the absence or disability of the Chair and the Vice-Chair, the Secretary shall perform the functions of the office of the Chair. Section 5 Designated Recording Secretary A recording secretary to the Board of Adjustment shall be appointed by the Director of Planning and Community Development to be present at all regular meetings of the Board of Adjustment. The duties of the recording secretary shall be as follows: 501 Keep the minutes of all Board of Adjustment public meetings/hearings. 502 Prepare resolutions of the Board of Adjustment public meetings/hearings. 503 Prepare and distribute the Board of Adjustment agendas, and copies of the minutes of the previous meetings. Section 6 Alternates An alternate may replace any regular member of the Board of Adjustment due to their absence or conflict of interest in any matter before the Board. PART IV Section 1 MEETINGS Organizational Meeting At the first meeting of the new calendar year or at such other time as may be established by a vote of the Board of Adjustment, the Board shall hold an election of officers. Section 2 Public Hearings/Meetings Public hearings/meetings of the Board of Adjustment are generally held once a month at a day and time agreed upon by the Board members. (Amended 4/16/96.) Additional meetings/hearings may be called as necessary. Section 3 Work/Study Sessions Study sessions or work sessions can be called at any time. Twenty-four hour notice must be provided in the official public posting place. No formal action or decisions can be made at any gathering other than a public hearing/meeting as may be established above. PART V GENERAL RULES AND PROVISIONS 4

12 Section 1 Procedure for Making the Motion Refer to Appendix C, 5.g.(1) Section 2 Voting 201 Total Number of Votes Each member of the Board of Adjustment shall have one (1) vote. 202 Majority Rules The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, or decision, or determination of any such administrative official or agency or to decide in favor of the appellant (CRS (3)). 203 Abstention No abstentions will be allowed, except as provided herein: Conflict of interest Absence at hearing/meeting for which minutes are voted on. Absence at hearing/meeting and did not read minutes or listen to audio. 204 Conflict of Interest Holding a position that represents the public interest is a public trust. In order to actively promote public confidence, a Board member must be aware of a possible conflict of interest arising in the course of duty A conflict of interest is described as a situation where the person; Has a financial interest in the matter; Will be directly affected by the decision in the matter; Believes (s)he has conflict of interest as defined by an applicable law; or Will gain an advantage to relations, groups, or associations to whom affiliated A Board member experiencing a conflict of interest should: declare that interest publicly; abstain from voting on the matter; withdraw from participation in any deliberations on the matter; step down from the dais from which the deliberations are to occur, and; 5

13 refrain from discussing the matter privately with other Board members voting on it A Board member should not accept any compensation, gift, or service under circumstances in which it could reasonably be inferred the gift was intended or could reasonable be expected to influence the Board member in the performance of duties or was intended as a reward for any action on the Board member s part. 205 Executive Sessions An executive session may be called only to seek legal advice. Decisions may not be made in executive session. Section 3 Continuance of Agenda Item The Board of Adjustment may continue the review of an appeal by motion without further notice to affected parties or posting of the property. The matter postponed shall be scheduled to the nearest possible time providing a date and time certain. If the applicant or authorized representative is not present, the Board of Adjustment must continue the proposal either to the end of the meeting or to a date certain (as above). Section 4 Amendments to these Rules of Procedure These Rules of Procedure may be amended by a concurrency vote of four members of the Board of Adjustment, at a public hearing/meeting when a 24-hour notice has been provided in the official public posting place. Section 5 Separability If any section, subsection, sentence, clause or phrase of these Rules of Procedure is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of these Rules of Procedure. Section 6 Definitions Applicant Board Continuance That person or firm who proposed action to be taken by the Douglas County Board of Adjustment. Board of Adjustment member An action taken by the Board members which postpones the public hearing/meeting on the request until a date and time certain. 6

14 Motion Official Public Posting Place Public Hearing Item Public Hearing/Meeting A statement by a Board member of proposed action to be taken by the Board members. The place for posting of public notices designated by the Board of County Commissioners pursuant to (2) (c), C.R.S. A request that requires public notice in accordance with the applicable regulations/process. A public hearing/meeting that may include both public hearing items and/or public meeting items. 7

15 TABLE OF CONTENTS PART I AUTHORITY... 1 PART II MEMBERSHIP 1 Section 1 Total Membership.. 1 Section 2 Absence of Quorum... 1 Section 3 Eligibility... 1 Section 4 Term. 1 Section 5 Removal.. 2 Section 6 Compensation. 2 Section 7 Officers. 2 PART III POWERS, DUTIES AND RESPONSIBILITIES 3 Section 1 Board of Adjustment.. 3 Section 2 Chair. 3 Section 3 Vice-Chair 3 Section 4 Secretary. 3 Section 5 Designated Recording Secretary. 4 Section 6 Alternates 4 PART IV MEETINGS. 4 Section 1 Organizational Meeting. 4 Section 2 Public Hearings/Meetings. 4 Section 3 Work/Study Sessions 4 PART V GENERAL RULES AND PROVISIONS. 5 Section 1 Making the Motion. 5 Section 2 Voting... 5 Section 3 Continuance of Agenda Item 6 Section 4 Amendments to these Rules of Procedure 6 Section 5 Separability. 6 Section 6 Definitions 6 APPENDIX A APPENDIX B APPENDIX C Sample Resolutions.. A Basics of a Good Public Hearing B Conduct of Meetings. C I

16 DOUGLAS COUNTY BOARD OF ADJUSTMENT REFERENCE GUIDE RULES OF PROCEDURE The Douglas County Board of Adjustment Rules of Procedure were adopted on February Amended: Amended: Amended: Amended: 10/16/06 Part IV (Section 2, Public Hearings/Meetings) 10/16/06 Part V (Section 2 Voting, 203 Abstention) 10/16/06 Part V (Section 2 Voting, 204 Conflict of Interest) 10/16/06 Part V (Section 2 Voting, 205 Executive Sessions) Amended: 10/16/06 Part V (Section 4, Amendments) Amended: 10/16/06 (Section 6, Definitions) Amended: 11/14/06 New Appendices were added, Appendix A Sample Resolutions Appendix B Basics of a Good Public Hearing Appendix C Conduct of Meetings 11/24/06 3