Loading...
HomeMy WebLinkAbout20050746.tiff 766 WELD COUNTY CODE ORDINANCE 2005-01 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 19 COORDINATED PLANNING AGREEMENTS, 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of the County of Weld,State of Colorado,that certain existing Chapters of the Weld County Code be,and hereby are, repealed and re-enacted,with amendments,and the various Chapters are revised to read as follows.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 19 COORDINATED PLANNING AGREEMENTS Delete Article IV,Dacono and Erie Plan;Article VI Evans Plan;Article VIII Mead Plan;and Article X Milliken Plan 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 during a public hearing process. 2. No Change. 11111111111 ����� 11111111111 ���� 111111111111111 ���� ���� 2005-0746 3293766 06/10/2005 01:05P Weld County, CO ORD2005-01 1 of 14 R 0.00 D 0.00 Steve Moreno Clerk& Recorder ne; /ad- O/a73-OS 3. Atypewritten original and 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 any given year to be considered for review 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. 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. 1111111 11111111111IIIII IIIII IIII 'IIIIII HIM IIII IIII 3293766 06/10/2005 01:05P Weld County, CO 2005-0746 2 of 14 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 'AGE 2 ORD2005-01 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. 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. Sec. 22-2-100. Urban Growth. A through D - No change E. In the absence of an urban growth boundary agreement,the County recognizes a standard urban growth boundary. This is a one-half-mile perimeter from the existing public sanitary sewer facilities. The perimeter will be modified if it is apparent that physical boundaries prevent the extension of sewer service. Inside the municipal service area boundary, urban-type uses and services are planned and annexation is encouraged. Remainder of Section - No change. 111111111111111111111111111IIII 1111111 III 11111 1111 2005-0746 3293766 06/10/2005 01:05P Weld County, CO 3E 3 ORD2005-01 3 of 14 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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. Table 23-1E Land use rocess for sitin oil and qas production facilities 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 USR USR USR USR USR SPR SPR USR • UBR 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.: Afacilityforscientific 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: Afacilitydesigned for the collection,removal,treatment, and disposal of water-borne sewage generated within a given service area. 11111111111111111111111111111111 111111111111111 illl Ilil 2005-0746 3293766 06/10/2005 01:05P Weld County, CO GE 4 ORO2005-01 4 of 14 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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. An urban growth area usually defines the limit within which the full range of urban level services will be provided. The 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. A wind turbine or wind mill generating 50V of energy or less and associated with a farm or ranch operation and is less than seventy (70) feet in height is considered a private (non-commercial) macine and not subject to the USR application process. Sec. 23-3-40. Uses by special review. E. PUBLIC and quasi-PUBLIC BUILDINGS including: 1. 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. The following lists the bulk requirements for the A (Agricultural) Zone District. A. Minimum LOT size: 1. Irrigated: eighty(80)acres(or is a parcel otherwise recognized as half of a quarter section). 1111111111111111111111111111IIII1111111 III11111IIII IIII 2005-0746 3293766 06/10/2005 01:05P Weld County, CO ;E 5 ORD2005-01 5 of 14 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2. Dry: eighty (80) acres (or is a parcel otherwise recognized as half of a quarter section). B through D - No change. 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 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,orone-hundred-fifty-foot radius of any wellhead, shall require a variance from the terms ofSection 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. CHURCH. 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 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 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 2005-0746 Hill VIII IIIIII IIIII 'lll En III 'llll 'lll El GE 6 ORD2005-01 3293766 06/10/2005 01:05P Weld County, CO 6 of 14 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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. 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 111111111101111111111111111111111111111111111111111111 2005-0746 3293766 06/10/2005 01:05P Weld County, CO ORD2005-01 7 of 14 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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. 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. 111111111111 DID IMO 11111 IIII 1111111 III 11111 IIII 1111 2005-0746 3293766 06/10/2005 01:05P Weld County, CO = 8 ORD2005-01 8 of 14 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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. 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 I-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. 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 I-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. 1111111 11111 111111111111111111111111111 III HUH U' 3293766 06/10/2005 01:05P Weld County, CO 2005-0746 9 of 14 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 9 ORD2005-01 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 1-3 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. CHURCH. D through I - No change. J. WIND TURBINES. 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, R, S and U in 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 Section 23-3- 10 of this Code. 111111111111 IIIII 111111 IIIII 11111111111 III 111111 III III! 3293766 06/10/2005 01:05P Weld County, CO 10 of 14 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2005-0746 PAGE 10 ORD2005-01 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,or a parcel otherwise recognized as half of a quarter section)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 March 1, 2004, is eligible for a one-time-only future land exemption. Lot A of a two-lot recorded exemption created after March 1, 2004, is not eligible for a future land exemption. 2. 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) smaller lots of a three-lot recorded exemption created prior to 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 March 1,2004,are not eligible for a future land exemption. 3. Afour-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 2005-0746 IIIIII 'IIII VIII I III IEli IIIII I I I 11 ORD2005-01 3293766 06/10/2005 01:05P Weld County, CO 11 of 14 R 0.00 D 0.00 Steve Moreno Clerk& Recorder future land exemption five (5) years from date of recording the exemption plat, in accordance with Section 24-8-40.M. 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. 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 fora 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. Aftera complete application is received,the subdivision exemption should be completed within sixty (60) days. Sec. 24-8-40. Exemption standards. A through L - No change. M. After 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 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 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. PAG 1111111111111111111111111111 IIII 1111111 III 111111 III III 3293766 06/10/2005 01:05P Weld County, CO 12 of 14 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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 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)feetor(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 sixty(60)days of receipt of a complete application. The recommendation shall address 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 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. In 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: 111111 Ill Mil 11111111111 ill HEM II Mil 2005-0746 3293766 06/10/2005 01:05P Weld County, CO i 13 ORD2005-01 13 of 14 R 0.00 D 0.00 Steve Moreno Clerk& Recorder A. Where a boundary change results in a change of acreage of Lot A, Lot B, Lot C, Lot D or the Subdivision Exemption Lot done in conjunction 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. The above and foregoing Ordinance Number 2005-01 was, on motion duly made and seconded, adopted by the following vote on the 16th day of March, A.D., 2005. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Lk/'/ La ,pr William H. Jerke, Chair Weld County Clerk tot ..� �., �, 1 J' '��� EXC SED BY: / - �, M. J. 'le, Pro-Tem .Cl i/� st1. Deputy Clerk to the Bo D id . L ng AP ED AST / Robert D. Masden Co my tto n �,� 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 (con't to 03/16/05) Publication: March 23, 2005, in the Fort Lupton Press Effective: March 28, 2005 1 1111111111111111111111111 IIII 1111111 III 111111 III 1111 2005-0746 3293766 06/10/2005 01:05P Weld County, CO ORD2005-01 14 of 14 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Hello