HomeMy WebLinkAbout20230026.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and hereby is, repealed and re-enacted, with amendments, to read as follows.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.
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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.
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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 2023-01 was, on motion duly made and
seconded, adopted by the following vote on the 18th day of January, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Mike Freeman, Chair
Weld County Clerk to the Board
Perry L. Buck, Pro-Tem
BY:
Deputy Clerk to the Board
Scott K. James
APPROVED AS TO FORM:
Kevin D. Ross
County Attorney
Lori Saine
Date of signature:
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
Publication: January 21, 2023, in the Greeley Tribune
Effective: January 26, 2023
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