HomeMy WebLinkAbout20240064.tiffWELD COUNTY
CODE ORDINANCE 2023-15
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 2
ADMINISTRATION, 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 requirements therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado, that Chapter 2 Administration of the Weld County Code be,
and hereby is, repealed and re-enacted, with amendments, to read as follows.
CHAPTER 2
ADMINISTRATION
ARTICLE III - Planning and Zoning Matters
Amend Sec. 2-3-10. Previously denied applications for land use matters.
A. Neither an applicant nor his or her successors in interest in property for which a land use
application was denied within the preceding five (5) years may submit a land use
application for any portion of the property contained in the original application unless the
Board of County Commissioners has determined that, based upon a showing by the
applicant, there has been a substantial change in the facts and circumstances regarding
the application subsequent to the original decision of denial by the Board of County
Commissioners or that there is newly discovered evidence which would have been likely
to affect the outcome of the original decision that the applicant could not have discovered
with diligent effort prior to the original decision of denial.
B. For purposes of this section, land use application includes applications for any 1041
permits under Chapter 21 (but not including permits under Article V of Chapter 21);
amendments to the zoning map under Division 1 of Article II of Chapter 23; use by special
review permits under Divisions 4, 5, or 6 of Article II of Chapter 23; subdivisions under
Chapter 24; or planned unit developments under Chapter 27.
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Carly Koppas, Clark and Raoordar, Wald County , CO
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C. No change.
D. A substantial change application requesting permission to file another application for
property previously denied a land use permit shall be submitted to the Department of
Planning Services for processing. The Department shall coordinate with the Clerk to the
Board to schedule a substantial change hearing before the Board of County
Commissioners.
E. Legal notice of substantial change hearings shall be published according to the method of
publication for the original land use application hearing.
F. Notice of the substantial change hearing shall be provided to owners of property located
within five hundred (500) feet of the parcel under consideration and owners and lessees
of the mineral estate on or under the parcel under consideration. The notification shall be
mailed, first class, not less than ten (10) days before the scheduled public hearing. Similar
notice shall also be provided any agency, body or group which received a referral request
from the Department of Planning Services on the original application.
G. The Board of County Commissioners shall hold a substantial change hearing after the
legal notice and notices to property owner, mineral owners and lessees, and referral
agencies identified in Subsections E and F have been completed. The legal notice and
notification shall be done at least ten (10) days prior to the Board's hearing. The
Department of Planning Services shall provide the Board with a staff report addressing all
aspects of the application, including, but not limited to, referral agency comments.
H. The Board of County Commissioners may approve the substantial change application
when it determines that the applicant has demonstrated that a substantial change in the
facts or circumstances have occurred subsequent to the Board's decision or that there
was newly discovered evidence not available to the applicant at the time the Board
considered the original application. The Board of County Commissioners may deny the
application solely upon its contents or when deemed advisable by the Board that the
applicant has failed to demonstrate that a substantial change in the facts or circumstances
has occurred subsequent to the Board's decision or that there was newly discovered
evidence that the applicant could not have discovered with diligent effort at the time of the
original application. The Board shall consider the applicant's substantial change
application, oral testimony at the public hearings, written related information and any other
relevant material in making its decision.
I If the Board of County Commissioners approves a substantial change application, the
applicant may file a new land use application with the Department of Planning Services.
The new application shall be processed in accordance with the requirements of this Code.
J. No substantial change application will be accepted by the Department of Planning
Services if the decision of the Board of County Commissioners on the land use application
has been appealed or contested in any court of law, during the pendency of the court
action.
Delete K.
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Amend Sec. 2-3-30. Reserved.
Amend Sec. 2-3-40. Reserved.
Amend Sec. 2-3-60. Record of land use hearings.
A. thru C. — No change.
D. Pursuant to the Americans with Disability Act, each notice published or distributed prior to
the hearing should contain a sentence which states the following:
"In accordance with the Americans with Disabilities Act, if special accommodations are
required in order for you to participate in this hearing, please contact the Clerk to the Board's
office at 970-400-4225, prior to the day of the hearing."
E. Whenever the County is required by court order to certify a record of proceedings, the
following procedures shall apply:
1. The Clerk to the Board shall create and certify a Bates -stamped record of all documents
and files that were presented for the Board's consideration of the underlying application
or request, as well as all relevant County Code provisions in effect at the time of the
Board's decision.
2. The Clerk to the Board shall create and certify a transcript of the Board of County
Commissioners' public hearing(s). No transcript is required for the Planning Commission
hearings. The Clerk to the Board may engage a contractor to create the transcript of
proceedings, but the Clerk to the Board shall review, correct, and certify the transcript.
3. The Clerk to the Board shall estimate the total costs of certifying the record of
proceedings, and shall require prepayment of such costs prior to certifying the record. If
the total actual costs exceed the cost estimate, the Clerk to the Board shall require
payment of the remaining amount due before certifying the record. If the total actual costs
are less than the estimate, the Clerk to the Board shall cause unused portion to be
refunded.
4. The Clerk to the Board shall coordinate with the County Attorney's Office to meet all
deadlines required by law.
Amend Sec. 2-3-80. Zoning of property disconnected from municipality by ordinance.
Any parcel that has been disconnected from a municipality by municipal ordinance shall be
subject to the procedures set forth in C.R.S. § 31-12-501 and the provisions set forth in
Chapters 23 and 24 of this Code.
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Amend Sec. 2-3-90. Custodian of Planning case files.
The Clerk to the Board shall maintain files for Planning cases that are decided by the
Board of County Commissioners. The Department of Planning Services shall maintain files for
administratively approved Planning cases and those decided by the Weld County Planning
Commission.
Amend Sec. 2-3-100. Planning Commission transcripts.
A. — No change.
B. Recordings of the Planning Commission hearings are public records which may be released
upon request pursuant to the Colorado Open Records Act, C.R.S. §§ 24-72-201, et seq.
Delete C. thru F., and reletter subsequent paragraphs.
C. Transcriptions shall be sold for a fee based on: (1) cost of the staffs time preparing the
transcript; and (2) all direct costs of preparing copies.
Amend Sec. 2-3-110. Repealed.
ARTICLE IV — Hearings
Amend Sec. 2-4-10. Appeals process.
The Board of County Commissioners shall act as a board of appeals to hear appeals of
actions taken by County boards, commissions and departments. Except for decisions made by
the Board of Adjustment described in Article VI of Chapter 23 and the Building Code Board of
Appeals described in Article X of Chapter 29, procedure for appeals shall be as set forth in this
Chapter, by resolution of the Board, or as otherwise provided by law.
A. Any person appealing an action by a County board, commission or department to the
Board of County Commissioners shall file such an appeal, in writing, with the Clerk to the
Board within ten (10) days of the incident in question. Appeals concerning purchases or
procurements made in accordance with Chapter 5, Article IV, of this Code shall be filed
within five (5) days of the incident in question.
B. Such appeal shall include:
1. The name of the employee, board, commission or department against which the
appeal is made.
2. A description of the action taken and the basic facts involved in the incident.
C. The Clerk to the Board shall schedule a hearing with the Board of County Commissioners,
to be held within fifteen (15) calendar days of the filing of the appeal, and shall notify all
parties involved in the incident.
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Remainder of Section — No change.
Amend Sec. 2-4-40. Probable cause hearings.
A. - No change.
B. Procedure and evidence:
1. and 2. — No change.
3. The person against whom the complaint is made may, in rebuttal, present any of
the evidence listed in Paragraph 2. above.
4. — No change.
C. — No change.
D. Decision. At the conclusion of the presentation of evidence, the Board of County
Commissioners shall make an oral decision. The decision shall be to either dismiss the
case, continue the case for a one-time continuance to a time specified in the future or to
set the case for a formal show -cause or other type hearing at a time specified in the future.
Remainder of Section — No change.
Amend Sec. 2-4-50. Show cause and other adjudicatory-type hearings.
A. thru C. — No change.
D. Postponements and extensions. Postponements of hearings and extensions of time may
be requested by either party or his or her designated agent. However, the granting of such
postponements or extensions shall be made only upon the showing of good cause and is
at the sole discretion of the administrative body.
E. Presiding officer. The Chair of the board, commission, other administrative body or the
department head shall serve as the presiding officer. The presiding officer shall ensure
that order is maintained and ensure that all participants in the hearing have a reasonable
opportunity to be heard and to present oral and documentary evidence. He or she shall
be entitled to determine the order of procedure during the hearing and shall have the
opportunity and discretion to make all rulings on questions which pertain to matters of the
conduct of the hearing and to admissibility of evidence.
F. — No change.
G. Rights of parties.
1. At the hearing, each of the parties shall have the right to:
a. and b. — No change.
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c. Cross-examine any witnesses on any matter relevant to the issues. In his
or her discretion, the presiding officer may require cross-examination
questions to be made to the administrative body, who shall then ask the
witness to answer the questions.
Remainder of G. — No change.
H. Procedure and evidence.
1. and 2. — No change.
3. The board, commission, department head or other administrative body may
receive and consider evidence not admissible under the standard rules of
evidence, if such evidence possesses probative value commonly acceptable by
reasonable and prudent persons in the conduct of their affairs.
Remainder of H. — No change.
I. — No change.
J. Burden of proof. The complaining County department, or its subunit, shall have the burden
of proving its case by a preponderance of the evidence. Likewise, the person against
whom the complaint is made shall have the burden of proving any affirmative defenses by
a preponderance of the evidence. To prove something by a "preponderance of the
evidence" means to prove that it is more probably true than not. Colorado Jury Instructions
2d 4th Section 3:1.
K. thru M. — No change.
N. Notice.
1. Notice of the adjudicatory-type hearing shall be sent by certified mail, return receipt
requested, to the person against whom the complaint is made at least ten (10)
days prior to the date of the hearing. Said notice shall be effective upon the date
of mailing to the person against whom the complaint is made. Notice may also be
served upon the person against whom the complaint is made in accordance with
the Colorado Rules of Civil Procedure at least seven (7) days prior to the date of
the hearing.
Remainder of N. — No change.
O. Where the Board of County Commissioners is considering the revocation or suspension
of a permit or license, including but not limited to land use permits, but specifically
excluding liquor licenses, the Board shall consider evidence and statements in mitigation
and in aggravation of the violation prior to determining the appropriate penalty. Such
evidence and statements may relate to and include, but not be limited to, the following:
Remainder of O. — No change.
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Add P. Show cause hearings before the Board of County Commissioners. Whenever the Board
finds probable cause and sets a show cause hearing as described in Section 2-4-40.D., the
show cause hearings shall generally be conducted as described in this Section 2-4-50.
However, the Board may conduct the meeting as it deems appropriate while still safeguarding
the rights of the participants. The Board shall open the show cause hearing to accept written
and verbal public comments, and shall give the participants an opportunity to rebut such
public comments.
ARTICLE XIII — Weld County Addressing System
Amend Sec. 2-13-40. Issuance of addresses.
Outside of subdivisions, addresses shall only be issued for locations within the
unincorporated areas of the County where structures are being constructed or power poles
erected and which necessitate the issuance of building permits or electrical permits by the
Department of Building Inspection, or the issuance of a 1041 Weld County Oil and Gas Location
Assessment (1041 WOGLA). All issued addresses shall be transmitted forthwith to the GIS
Department for inclusion into the Weld County Address Database. To be issued an address, the
location must be a legal lot (defined in Section 23-1-90 of this Code) served by an approved
access, as such term is defined in Section 2-13-50 of this Article. Only one (1) address will be
issued per legal lot, except where more than one (1) address is justified, as determined by the
Department of Planning Services.
Amend Sec. 2-13-50. Approved access.
The term "approved access" shall mean an Access Permit has been approved and issued
by the County pursuant to Chapter 8, Article XIV of this Code, or by the Colorado Department of
Transportation for state -maintained roads, or by a municipality for annexed roads.
Amend Sec. 2-13-100. Miscellaneous provisions.
A. and B. — No change.
C. Posting of issued addresses. All addresses shall be posted on the structures or power
poles to which they are issued in accordance with the requirements set forth in this Code.
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is,
directed to arrange for Municode to supplement the Weld County Code with the amendments
contained herein, to coincide with chapters, articles, divisions, sections, and subsections 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 subsections
in said Code.
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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 2023-15 was, on motion duly made and
seconded, adopted by the following vote on the 8th day of January, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY. GQI GRADO
ATTEST: ddticvo
Weld County Clerk to the Board
BY:(4tatnik•t Gt) Z-�-
Deputy Clerk to the Board
APP' . V D A
ounty Attu ney
Date of signature: ItIII 2-1
74 --
Key' Ross, Chair
Perry L. Bu' , Pro-Tem
Mike Freeman
Scott K. James
Lori Saine
First Reading: December 4, 2023
Publication: December 10, 2023, in the Greeley Tribune
Second Reading: December 20, 2023
Publication: December 24, 2023, in the Greeley Tribune
Final Reading: January 8, 2024
Publication: January 14, 2024, in the Greeley Tribune
Effective: January 19, 2024
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Carly Koppss, Clerk and Recorder, Weld County , CO
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