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HomeMy WebLinkAbout20230247.tiffWELD COUNTY CODE ORDINANCE 2023-01 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, 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 requirements therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that Chapter 24 Subdivisions of the Weld County Code be, and hereby is, repealed and re-enacted, with amendments, to read as follows. CHAPTER 24 SUBDIVISIONS ARTICLE VII Family Farm Division Amend Sec. 24-7-10. Overview. A. — No change. B. The standards of the Family Farm Division have been designed to allow for an additional lot for beneficial use by family farms and ranches while also supporting the objective of preserving functional agricultural land. C. — No change. D. Lots that are part of a Historic Townsite, Planned Unit Development, Major or Minor Subdivision, Rural Land Division, Resubdivision, or Family Farm Division shall not be divided by a Family Farm Division. Remainder of Section — No change. PAGE 1 4879587 Pages: 1 of 3 01/31/2023 03:09 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII NiChili:K'�ridl i11Y4,1K,\A !V: MAA RI II CC.CT8(FG/cHq C f1(ALI.), FI (RR/cP/5o), ACT(c0) PL (r?6Mu) 02/03/23 2023-0247 ORD2023-01 Amend Sec. 24-7-20. Standards. The Family Farm Division (FFD) is a land division process used to divide a parcel into two (2) separate lots and is subject to the following criteria: A. The property to be divided by the proposed Family Farm Division shall be comprised of one (1) legal lot. B. The Family Farm Division shall only be permitted in the A (Agricultural) Zone District. C. The larger lot shall not be less than thirty-five (35) acres net. D. The smaller lot shall not be greater than ten (10) acres net. E. The smaller lot shall not be less than one (1) acre net if served by public water or two and one-half (2.5) acres net if served by a water well. F. Each lot shall be served by a separate on -site wastewater treatment system (OWTS) or public sewer. G. Access shall meet all safety criteria as outlined in Chapter 8, Article XIV of the Weld County Code, as amended. When feasible, access between the Family Farm Division lots should be shared to minimize conflict points along the publicly maintained roadway. If a shared access is proposed, a separate recorded access and utility easement agreement addressing maintenance shall be submitted. Amend Sec. 24-7-30. Submittal requirements. A complete Family Farm Division application shall be submitted electronically to the Department of Planning Services and shall include the following: A. and B. — No changes. C. Family Farm Affidavit which attests that the Family Farm Division is for the benefit of the family farm or ranch. Remainder of Section — No change. 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. PAGE 2 4879587 Pages: 2 of 3 01/31/2023 03:09 PM R Fee:$0.00 Carly Koppes, Clerk and RecorderWeld County , CO , Or 2023-0247 ORD2023-01 BE IT FURTHER ORDAINED by the Board, ifanysection, 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 2023-01 was, on motion duly made and seconded, adopted by the following vote on the 23rd day of January, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d...,04„),.• Weld County Clerk to the Board Mike Freeman, Chair EXCUSED Perry L. Buck, Pro-Tem evin D. Ross Count orney �', � �_� EXCUSED Date of signature: of 124/23 Publication: November 18, 2022 First Reading: December 21, 2022 Publication: December 24, 2022, in the Greeley Tribune Second Reading: January 4, 2023 Publication: January 7, 2023, in the Greeley Tribune Final Reading: January 18, 2023 Rescheduled to: January 23, 2023 Publication: January 27, 2023, in the Greeley Tribune Effective: February 1, 2023 PAGE 3 4879587 Pages: 3 of 3 01/31/2023 03:09 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO •III NUM 41IthKhtill 'kik BIM 2023-0247 ORD2023-01 Hello