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WELD COUNTY
CODE ORDINANCE 2005-01
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 22
COMPREHENSIVE PLAN,CHAPTER 23 ZONING,AND CHAPTER 24 SUBDIVISIONS,OF THE
WELD COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS,the Board of County Commissioners of the County of Weld, State of 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,the Board of County Commissioners, on December 28, 2000, adopted Weld
County Code Ordinance 2000-1,enacting a comprehensive Code for the County of Weld, including
the codification of all previously adopted ordinances of a general and permanent nature enacted on
or before said date of adoption, and
WHEREAS, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirement therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado,that certain existing Chapters of the Weld County Code be,and
hereby are, repealed and re-enacted,with amendments, and the various Chapters are revised to
read as follows.
CHAPTER 22
COMPREHENSIVE PLAN
Sec. 22-1-150. Comprehensive Plan amendment procedure.
Opening Paragraph - No Change.
A. No change.
B. Individuals may submit a proposal to amend this Chapter in accordance with the
following procedure:
1. Comprehensive Plan amendment proposals shall be considered biannually
with during a public hearing process beginning in March or September of
coch year.
2. No Change.
3. A typewritten original and eleven (11) thirty (30) copies of the proposed
amendment must be submitted to the Department of Planning Services no
later than February 1 or August 1 of each any given year to be considered for
review and public hearings. provided, however,that no amendments to the
MUD Structural Plan pursuant to Section 26-1-30 will be accepted during the
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calendar year 2005. The following items shall be submitted as part of the
proposed amendment:
a and b - No change.
4. In the case of an amendment to the 1-25 Mixed Use Development area Map,
the proposed amendment must:
a and b - No change.
c. Delineate the number of people who will reside and work in the
proposed area and the number of jobs created by the proposed
development. This statement shall include the number of
school-aged children and address the social service provision needs,
such as schools, of the proposed population.
d. No change.
e. Demonstrate that the site can be serviced by public water and
sanitary sewer service.
f. Include a prepared preliminary traffic impact analysis if required. All
traffic analysis information and reports shall be prepared and certified
by a registered professional engineer competent in traffic engineering
and shall address impacts to strategic roadways, if applicable. The
intent of this analysis is to determine the project's cumulative
development impacts, appropriate project mitigation and
improvements necessary to offset a specific project's impacts. This
analysis shall include the following information:
1 through 5 - No change.
5 through 8 - No change.
9. The Planning Commission shall consider the proposed amendment, the
Department of Planning Services' recommendation, and any public
testimony and determine whether:
a and b - No change.
c. In the case of any amendment to the 1-25 Mixed Use Development
area Map:
1) The proposed amendment inclusion into the Mixed Use
Development area map or modification to the existing land
use classification as outlined on the Mixed Use Development
area map is adjacent to and contiguous with the existing 1-25
Mixed Use Development area Map.
2) The proposed amendment will address the impact on existing
or planned service capabilities including, but not limited to,all
utilities, infrastructure, and transportation systems.
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3) The proposed number of new residents will be adequately
served by the social amenities, such as schools, of the
community.
4) The proposed amendment has demonstrated that adequate
services are currently available or reasonably obtainable.
10. No change.
11. The Board of County Commissioners shall consider the proposed
amendment, the Planning Commission's recommendation and any public
testimony, and determine whether:
a and b - No change.
c. In the case of any amendment to the 1-25 Mixed Use Development
area Map:
1) The proposed amendment inclusion into the Mixed Use
Development area map or modification to the existing land
use classification as outlined on the Mixed Use Development
area map is adjacent to and contiguous with the existing 1-25
Mixed Use Development area Map.
2) The proposed amendment will address the impact on existing
or planned service capabilities including,but not limited to,all
utilities, infrastructure, and transportation systems.
3) The proposed number of new residents will be adequately
served by the social amenities, such as schools, of the
community.
4) The proposed amendment has demonstrated that adequate
services are currently available or reasonably obtainable.
CHAPTER 23
ZONING
Sec. 23-1-90. Definitions.
Amend the following definition and add Table 23-1 E to read:
OIL AND GAS PRODUCTION FACILITIES: Consist of the oil or gas well, pumps, heater
treaters, separators,meters,compressors,TANK BATTERY and other equipment directly
associated with the producing well, all of which must be connected;and functional and in
operation.
Table 23-1E
Land use process for sitin oil and gas production facilities
Zone R-1 R-2 R-3 R-4 R-5 C-1 C-2 C-3 C-4 1-1 1-2 1.3 E PUD A
Application USR USR USR USR USR USR USR USR USR USR SPR SPR USR • UBR
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USR-Use By Special Review
SPR-Site Plan Review
UBR-Use by Right
*PUD-Callout by Zone District Requirements,
unless specifically addressed in PUD application as a UBR
Add the following definitions and Table 23-1D:
CHURCH: A building or structure, or groups of buildings or structures,that by design and
construction are primarily intended for conducting organized religious services and
associated accessory uses.
Table 23-1D
Land use process for churches
Zone R-1 R-2 R-3 R-4 R-5 C-1 C-2 C-3 C-4 I-1 1-2 1-3 E PUD A
Application USR USR USR USR USR SPR SPR SPR USR SPR SPR SPR USR USR/SPR USR
USR-Use By Special Review
SPR-Site Plan Review
HEAVY MANUFACTURING-PROCESSING: The manufacture of compounding process
or raw materials. These activities or processes would necessitate the storage of large
volumes of highly flammable, toxic materials or explosive materials needed for the
manufacturing process. These activities may involve outdoor operations as part of the
manufacturing process. i.e., Ethanol Plant.
PROCESSING: An activity associated with the transformation of materials or substances
into new products, which may include blending of gases and liquids.
RESEARCH LABORATORY A facility for scientific research in technology-intensive fields.
Examples include but are not limited to biotechnology,pharmaceuticals,genetics, plastics,
polymers, resins, coating fibers, films, heat transfer and radiation research facilities.
SEWAGE TREATMENT PLANT: Afacility designed for the collection,removal,treatment,
and disposal of water-borne sewage generated within a given service area.
SHOOTING RANGE-INDOOR: A facility designed or used for shooting at targets with rifles,
pistols, or shotguns and which is completely enclosed within a building or structure.
SHOOTING RANGE-OUTDOOR: The use of land for archery and/or the discharging of
firearms for the purpose of target practice,skeet or trap shooting,or temporary competition,
such as turkey shoots. Excluded from this use type shall be general hunting and
unstructured and non-recurring discharging of firearms on private property with the property
owners permission.
URBAN GROWTH CORRIDOR: An area delineated in an adopted County Comprehensive
Plan (in accordance with the Goals, Policies, and Guidelines), prepared pursuant to
Section 22-2-110 within which urban development is encouraged by delineation of the area,
compatible future land use designations,and implementing actions in a local comprehensive
plan,and outside of which urban development is discouraged.A urban growth area usually
defines the limit within which the full range of urban level services will be provided. The
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purpose is to promote projected urban development within and adjacent to existing urban
areas so as to ensure efficient utilization of land resources and urban services to adequately
support that urban growth.
WIND TURBINE: A machine or machines that convert the kinetic energy in the wind into a
usable form(commonly known as a wind turbine or wind mill). The wind energy conversion
system includes all parts of the system except for the tower and transmission equipment,
excluding turbines for private use. Permitted through a USR in all districts. 1041 permit
application required only if of state-wide concern.
Sec. 23-3-40. Uses by special review.
E. PUBLIC and quasi-PUBLIC BUILDINGS including:
1. Churche3.CHURCH.
F through V- No Change.
W. PROCESSING.
X. RESEARCH LABORATORY.
Y. HEAVY MANUFACTURING-PROCESSING.
Z. WIND TURBINE -Height stipulation of seventy (70) feet or less does not apply.
Sec. 23-3-50. Bulk requirements.
E. No BUILDING or STRUCTURE,as defined and limited to those occupancies listed
as Groups A, B, E, F, H, I, M and R in Table 3 A of the 1007 Uniform Section 302.1
of the 2003 International Building Code, shall be constructed within a two-hundred
(200)foot radius of any tank battery or within a one-hundred-fifty(150)foot radius of
any wellhead. Any construction within a two-hundred-foot radius of any tank battery,
or one-hundred-fifty-foot radius of any wellhead, shall require a variance from the
terms of this Chapter in accordance with Section 23 6 10 Section 23-3-10 of this
Code.
Sec. 23-3-110. R-1 (Low-Density Residential) Zone District.
D. Uses by Special Review. The following BUILDINGS,STRUCTURES and USES may
be constructed, occupied, operated and maintained in the R-1 Zone District upon
approval of a permit in accordance with the requirements and procedures set forth
in Article II, Division 4 of this Chapter.
1 through 3 - No change.
4. ChurchesCHURCH.
5 through 8 - No change.
Sec. 23-3-210. C-1 (Neighborhood Commercial) Zone District.
B. Uses Allowed by Right. No BUILDING,STRUCTURE or land shall be USED and no
BUILDING or STRUCTURE shall hereafter be erected,structurally altered,enlarged
or maintained in the C-1 Zone District except for one (1) or more of the following
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USES, which must be conducted in ENCLOSED BUILDINGS and in compliance
with the performance standards contained in Section 23-3-250 below. No outside
storage will be allowed in the C-1 Zone District. USES within the C-1 Zone District
shall also be subject to additional requirements contained in Articles IV and V of this
Chapter.
1 and 2 - No change.
3. SCHOOLS, churches and PUBLIC SCHOOL extension classes.
C through D - No change.
E. Site Plan Review Required. No land, BUILDING or STRUCTURE shall be USED,
changed in USE or type of occupancy, DEVELOPED, erected, constructed,
reconstructed,moved or structurally altered or operated in the C-1 Zone District until
a Site Plan Review has been approved by the Department of Planning Services. It
shall be necessary that the applicant in the C-1 Zone District certify and state that
the performance standards and district requirements that are applicable to the
DEVELOPMENT and USES of property zoned C-1 have been or shall be complied
with according to the intent of Article II, Division 3 of this Chapter. This shall be
accomplished through the Site Plan Review application process. Uses listed in
Subsection D above as Uses by Special Review in the C-1 Zone District shall be
exempt from the Site Plan Review process and shall make application for approval
of a permit in accordance with the requirements and procedures set forth in Article II,
Division 4 of this Chapter.
1. Commercial towers subject to the provisions of Section 23-4-800.
2. CHURCH.
Sec. 23-3-220. C-2 (General Commercial) Zone District.
E. Site Plan Review Required. No land, BUILDING or STRUCTURE shall be USED,
changed in USE or type of occupancy, DEVELOPED, erected, constructed,
reconstructed, moved or structurally altered or operated in the C-2 Zone District until
a Site Plan Review has been approved by the Department of Planning Services. It
shall be necessary that the applicant in the C-2 Zone District certify and state that
the performance standards and district requirements that are applicable to the
DEVELOPMENT and USES of property zoned C-2 have been or shall be complied
with according to the intent of Article II, Division 3 of this Chapter. This shall be
accomplished through the Site Plan Review application process. Uses listed in
Subsection D above as Uses by Special Review in the C-2 Zone District shall be
exempt from the Site Plan Review process and shall make application for approval
of a permit in accordance with the requirements and procedures set forth in Article
II, Division 4 of this Chapter.
1. Commercial towers are subject to the provisions of Section 23-4-800.
2. CHURCH.
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Sec. 23-3-230. C-3 (Business Commercial) Zone District.
D. Uses by Special Review. The following BUILDINGS,STRUCTURES and USES may
be constructed, occupied, operated and maintained in the C-3 Zone District upon
approval of a permit in accordance with the requirements of Article II, Division 4 of
this Chapter.
1 through 5 - No change.
6. RESEARCH LABORATORY.
E. Site Plan Review Required. No land, BUILDING or STRUCTURE shall be USED,
changed in USE or type of occupancy, DEVELOPED, erected, constructed,
reconstructed,moved or structurally altered or operated in the C-3 Zone District until
a site plan review has been approved by the Department of Planning Services. It
shall be necessary that the applicant in the C-3 Zone District certify and state that
the performance standards and district requirements that are applicable to the
DEVELOPMENT and USE of property zoned C-3 have been or shall be complied
with according to the intent of Article II, Division 3 of this Chapter. This shall be
accomplished through the Site Plan Review application process. Uses listed in
Subsection D above as Uses by Special Review in the C-3 Zone District shall be
exempt from the Site Plan Review process and shall make application for approval
of a permit in accordance with the requirements and procedures set forth in Article
II, Division 4 of this Chapter.
1. CHURCH.
Sec. 23-3-240. C-4 (Highway Commercial) Zone District.
D. Uses by Special Review. The following BUILDINGS,STRUCTURES and USES may
be constructed, occupied, operated and maintained in the C-4 Zone District upon
approval of a permit in accordance with the requirements of Article II, Division 4 of
this Chapter:
1. OIL AND GAS PRODUCTION FACILITIES.
2. CHURCH.
Sec. 23-3-310. I-1 (Industrial) Zone District.
D. Uses by Special Review. The following BUILDINGS,STRUCTURES and USES may
be constructed,occupied or maintained in the I-1 Zone District upon the approval of
a permit in accordance with the requirements and procedures set forth in Article II,
Division 4 of this Chapter.
1 through 3 - No change.
4. RESEARCH LABORATORY.
5. WIND TURBINE.
6. PROCESSING.
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E. Site Plan Review Required. No land, BUILDING or STRUCTURE shall be USED,
changed in USE or type of occupancy, DEVELOPED, erected, constructed,
reconstructed,moved or structurally altered or operated in the I-1 Zone District until
a Site Plan Review has been approved by the Department of Planning Services. It
shall be necessary that the applicant in the I-1 Zone District certify and state that the
performance standards and district requirements that are applicable to the
DEVELOPMENT and USES of property zoned I-1 have been or shall be complied
with according to the intent of Article II, Division 3 of this Chapter. This shall be
accomplished through the Site Plan Review application process. Uses listed in
Subsection D above as Uses by Special Review in the I-1 Zone District shall be
exempt from the Site Plan Review process and shall make application for approval
of a permit in accordance with the requirements and procedures set forth in Article
II, Division 4 of this Chapter.
1. Commercial towers subject to the provisions of Section 23-4-800.
2. CHURCH.
Sec. 23-3-320. 1-2 (Industrial) Zone District.
D. Uses by Special Review. The following BUILDINGS,STRUCTURES and USES may
be constructed,occupied or maintained in the 1-2 Zone District upon the approval of
a permit in accordance with the requirements and procedures set forth in Article II,
Division 4 of this Chapter.
1. OIL AND CAS PRODUCTION FACILITIES.REPEALED.
2 through 7 - No change.
8. PROCESSING.
9. RESEARCH LABORATORY.
10. HEAVY MANUFACTURING - PROCESSING.
11. WIND TURBINE.
E. Site Plan Review Required. No land, BUILDING or STRUCTURE shall be USED,
changed in USE or type of occupancy, DEVELOPED, erected, constructed,
reconstructed, moved or structurally altered or operated in the 1-2 Zone District until
a Site Plan Review has been approved by the Department of Planning Services. It
shall be necessary that the applicant in the 1-2 Zone District certify and state that the
performance standards and district requirements that are applicable to the
DEVELOPMENT and USES of property zoned 1-2 have been or shall be complied
with according to the intent of Article II, Division 3 of this Chapter. This shall be
accomplished through the Site Plan Review application process. Uses listed in
Subsection D above as Uses by Special Review in the 1-2 Zone District shall be
exempt from the Site Plan Review process and shall make application for approval
of a permit in accordance with the requirements and procedures set forth in Article
II, Division 4 of this Chapter.
1. Commercial towers subject to the provisions of Section 23-4-800.
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2. CHURCH.
3. OIL AND GAS PRODUCTION FACILITIES.
Sec. 23-3-330. 1-3 (Industrial) Zone District.
D. Uses by Special Review. The following BUILDINGS,STRUCTURES and USES may
be constructed,occupied or maintained in the 1-3 Zone District upon the approval of
a permit in accordance with the requirements and procedures set forth in Article II,
Division 4 of this Chapter.
1 through 8 - No change.
9. PROCESSING.
10. RESEARCH LABORATORY.
11. HEAVY MANUFACTURING - PROCESSING.
12. WIND TURBINE.
E. Site Plan Review Required. No land, BUILDING or STRUCTURE shall be USED,
changed in USE or type of occupancy, DEVELOPED, erected, constructed,
reconstructed,moved or structurally altered or operated in the I-3 Zone District until
a Site Plan Review has been approved by the Department of Planning Services. It
shall be necessary that the applicant in the 1-3 Zone District certify and state that the
performance standards and district requirements that are applicable to the
DEVELOPMENT and USES of property zoned 1-3 have been or shall be complied
with according to the intent of Article II, Division 3 of this Chapter. This shall be
accomplished through the Site Plan Review application process. Uses listed in
Subsection D above as Uses by Special Review in the 1-3 Zone District shall be
exempt from the Site Plan Review process and shall make application for approval
of a permit in accordance with the requirements and procedures set forth in Article
II, Division 4 of this Chapter.
1. Commercial towers subject to the provisions of Section 23-4-800.
2. CHURCH.
3. OIL AND GAS PRODUCTION FACILITIES.
Sec. 23-3-430. Uses by special review.
The following BUILDINGS,STRUCTURES and USES may be constructed,occupied,operated and
maintained in the E Zone District upon approval of a permit in accordance with the requirements and
procedures set forth in Article II, Division 4 of this Chapter.
A and B - No change.
C. ChurchCHURCH.
D through I - No change.
J. WIND TURBINES.
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Reletter Current#J to K.
Sec. 23-3-440. Bulk requirements.
A through K- No change.
L. No BUILDING or STRUCTURE, as defined and limited to those occupancies listed
as Groups A, B, E, F, H, I, M and, R, S and U in Table 3-A of the 1007 Unift 1,
Section 302.1 of the 2003 International Building Code,shall be constructed within a
two-hundred (200) foot radius of any tank battery or one-hundred-fifty (150) foot
radius of any wellhead. Any construction within a two-hundred (200)foot radius of
any tank battery,or one-hundred-fifty(150)foot radius of any wellhead,shall require
a variance from the terms of this Chapter in accordance with Section 23 C 10 C
Section 23-3-10 of this Code.
CHAPTER 24
SUBDIVISION
Sec. 24-8-20. Recorded exemption.
A and B - No change.
C. The recorded exemption application shall include the total contiguous land
ownership, except in the A(Agricultural)Zone District. In the A(Agricultural)Zone
District, the following will apply:
1. When a contiguous land ownership equals at least one hundred sixty(160)
acres, or is a parcel otherwise recognized as a complete quarter section, a
portion of the parcel equal to the minimum buildable lot size (eighty [80)
acres)may be used in the two-lot recorded exemption application. When a
contiguous ownership equals two (2) or more parcels created prior to the
initiation of subdivision regulations,a single parcel may be used in the two-lot
recorded exemption application. Lot B of a two-lot recorded exemption is
eligible for future land exemption five(5)years from the date of recording the
exemption plat, in accordance with Section 24-8-40.M. Lot A of a two-lot
recorded exemption created prior to January 1, March 1,2004,is eligible for
a one-time-only future land exemption. LotA of a two-lot recorded exemption
created after January 1, March 1, 2004, is not eligible for a future land
exemption.
2. The three lot recorded exemption application shall include the total
contiguous land ownerahip.A three-lot recorded exemption application may
be submitted when contiguous land ownership equals a minimum of one
hundred twenty-two (122) acres. Remaining contiguous property must be
included unless the remaining parcel equals at least eighty(80)acres; is a
parcel otherwise recognized as a complete half of a quarter section; is a lot
of an existing recorded exemption;or is a parcel created prior to the initiation
of subdivision regulations. Two (2) of the proposed parcels shall be less
than thirty-five (35) acres in size, and the third parcel must be at least one
hundred twenty(120)acres in size. Lot C of a three-lot recorded exemption
is eligible for future land exemption five(5)years from the date of recording
the exemption plat, in accordance with Section 24-8-40.M. The two (2)
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smaller lots of a three-lot recorded exemption created prior to January 1,
March 1, 2004, are eligible for a one-time-only future land exemption. The
two(2)smaller lots of a three-lot recorded exemption created after January
4; March 1, 2004, are not eligible for a future land exemption.
3. The four-lot recorded exemption application shall include the total contiguous
land ownership.ownership.A four-lot recorded exemption application may be
submitted when contiguous land ownership equals a minimum of one
hundred twenty-three(123)acres. Remaining contiguous property must be
included unless the remaining parcel equals at least eighty(80) acres; is a
parcel otherwise recognized as a complete half of a quarter section; is a lot
of an existing recorded exemption;or is a parcel created prior to the initiation
of subdivision regulations. Three (3) of the proposed lots shall be sized in
conformance with the requirements of Section 24-8-40.L, and the fourth lot
must be at least one hundred twenty (120) acres in size. The three (3)
smaller lots shall attempt to be clustered together. The three(3)smaller lots
are not eligible for future land exemptions. The larger lot(Lot D)is eligible to
apply for a future land exemption five (5) years from date of recording the
exemption plat, in accordance with Section 24-8-40.M.
4. When a contiguous ownership equals two(2)or more parcels created prior
to the initiation of subdivision regulations, a single parcel may be used in the
two-lot recorded exemption application.-
Sec. 24-8-30. Subdivision exemption.
A. The subdivision exemption is intended for the following four (4) purposes:
1. Division of a parcel of interest in a parcel which does not result in the
creation of a new residential or permanent building site. The subdivision
exemption may be utilized in conjunction with a recorded exemption to
separate one (1) additional existing habitable residence with accessory
outbuildings from any of the recorded exemption parcels. providing A
subdivision exemption lot in conjunction with a recorded exemption created
prior to March 1, 2004, is eligible for a one time only land exemption. A
subdivision exemption lot in conjunction with a recorded exemption created
after March 1, 2004 is not eligible for a future land exemption. The
subdivision must meet the following criteria:
a through f- No change.
g. The residences were not originally constructed on separate legal lots.
Sec. 24-8-35. Subdivision exemption process and time parameters.
After a complete application is received,the subdivision exemption should be completed within forty-
five (4u) sixty (60) days unless processed with a Recorded Exemption, in which case the time
frame will follow the Recorded Exemption process as described in Section 24-8-40 of this Code.
Sec. 24-8-40. Exemption standards.
A through L - No change.
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M. AfterJanuary 1,March 1,2004,the proposed recorded exemption is eligible for land
exemption if it is not part of:
1 and 2 - No change.
N. None of the smaller lots of recorded exemptions approved after January 1;March 1,
2004, are eligible for future land exemptions.
O. No change.
Sec. 24-8-50. Submittal requirements.
A through F - No change.
G. A description of how the property is being used. When the parcel is located in the
A(Agricultural)Zone District,the description shall include approximate acreage of
prime and nonprime farmland as defined in Chapter 22 of this Code, number and
types of livestock and any existing improvements such as the principal residence,
labor home,mobile home,manufactured home,barn,outbuildings,irrigation ditches
and oil well production facilities on the property.
No change to remainder of section.
Sec. 24-8-60. Exemption plat.
An exemption plat shall be prepared after an application is approved and all conditions of approval
have been met. The plat shall be submitted to the Department of Planning Services for recording
in the office of the County Clerk and Recorder. The plat shall meet the following requirements:
A - No change.
B. The plat shall be delineated in nonfading permanent black ink on a dimensionally
stable polyester sheet such as Cronar or Mylar or other product of equal quality,
three (3) millimeters or greater in thickness. The size of each shall be either
eighteen(18)inches in height by twenty-four(24)inches in width or twenty-four(24)
inches in height by thirty-six (36) inches in width. The mixing of sheet sizes is
prohibited. No plat submitted shall contain any form of stick-on-type material such
as, but not limited to"sticky-back,"adhesive film or kroy lettering tape. The drawing
shall be at a scale of one (1) inch equals one hundred (100)feet or(1) inch equals
two hundred(200)feet. Vicinity maps shall be at a minimum scale of(1)inch equals
two thousand(2,000)feet. The type face shall not be less than eight(8)point in size.
Maps drawn to other scales must be approved in writing by Planning Staff.
No change to remainder of section.
Sec. 24-8-70. Duties of Department of Planning Services and Board of County
Commissioners.
A and B - No change.
C. The County Planner shall prepare a staff recommendation within forty-five(45)sixty
(60)days of receipt of a complete application. The recommenddation shall address
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all aspects of the application including, but not limited to, comments received from
agencies to which the proposal was referred and the standards contained in this
Article.
No change to remainder of section.
Sec. 24-8-90. Exemption correction.
A through C - No change.
D. The date for calculating compliance with the timing provisions of Section 24 8-40.M
shall be the date of recording the most recent previous exemption associated with
the parcel, not the date of the correction.The recording date of the correction shall
not be used to calculate the timing provisions of Section 24-8-40.M. Rather,the date
shall be figured by the recording date of the exemption which is the subject of the
correction.
Sec. 24-8-100. Exemption amendments time provisions.
Time provisions do not apply to subdivision exemptions for adjustment of property lines between two
(2)contiguous parcels,for the creation of lots for the purpose of financing or for the temporary use
of a parcel for public utility facilities. Any change to a previously approved exemption,which is not
a correction as defined in Section 24-8-90 of this Chapter,shall be processed as a new exemption,
if eligible. The date for calculating compliance with the timing provisions of Section 24.8-40.Mshall
be the date of the most recent previous exemption associated with the parcel only in the following
instances:ln the following instances,the recoding date of amendments shall not be used to calculate
the timing provisions of Section 24-8-40.M. Rather,the date shall be figured by the date of recording
of the previous exemption:
A. Where a boundary change results in a change of acreage between of Lot A, Lot B,
Lot C, Lot D or the Subdivision Exemption Lot done in conjunction, thcreby not
creating an additional building site or changing the exterior boundary of the original
recorded exemption or recorded exemption/subdivision exemption combination.
therewith, and does not create an additional lot.
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is,
directed to arrange for Colorado Code Publishing to supplement the Weld County Code with the
amendments contained herein, to coincide with chapters, articles, divisions, sections, and sub-
sections as they currently exist within said Code; and to resolve any inconsistencies regarding
capitalization,grammar,and numbering or placement of chapters,articles,divisions,sections,and
sub-sections in said Code.
BE IT FURTHER ORDAINED by the Board if any section,subsection, paragraph,sentence,
clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such
decision shall not affect the validity of the remaining portions hereof. The Board of County
Commissioners hereby declares that it would have enacted this Ordinance in each and every
section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that
any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be
declared to be unconstitutional or invalid.
2005-0321
PAGE 13 ORD2005-01
The above and foregoing Ordinance Number 2005-01 was, on motion duly made and
seconded, adopted by the following vote on the 7th day of March, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
William H. Jerke, Chair
Weld County Clerk to the Board
M. J. Geile, Pro-Tern
BY:
Deputy Clerk to the Board
David E. Long
APPROVED AS TO FORM:
Robert D. Masden
County Attorney
Glenn Vaad
Publication: January 12, 2005
First Reading: January 26, 2005
Publication: February 2, 2005, in the Fort Lupton Press
Second Reading: February 14, 2005
Publication: February 23, 2005, in the Fort Lupton Press
Final Reading: March 7, 2005
Publication: March 16, 2005, in the Fort Lupton Press
Effective: March 21, 2005
2005-0321
PAGE 14 ORD2005-01
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