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HomeMy WebLinkAbout20233495.tiff J4/0-e/t WELD COUNTY CODE ORDINANCE 2023 - 15 e= 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of the County of Weld , State of Colorado , that Chapter 2 Administration of the Weld County Code be , and hereby is , repealed and re-enacted , with amendments , to read as follows .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 . Except in those cases to which the requirements of Subsection B below apply-. nNeither 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 of 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 tie 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 . , which ordinance became effective December 5 , 1995 , neither an applicant nor his or her successors in interest in property for which a Record PAGE 1 2023- 3495 ORD2023- 15 y portion of the property contained based upon a sho • 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 . 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 . C . No change . D . A substantial change applicationpetition requesting rehearing on an application or 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 Planning Commission or Board of County Commissioners . Land use applications originally heard by only the Board of County Commissioners shall be scheduled before the Board only . The Planning Com-mission} shall consider the rehearing petition only if it information . The Planning Commission shah consider whether 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 that the E . Legal notice of a--substantial change hearings shall be published according to the method of publication for the original land use application hearing . of originally heard before the Planning Commission, the Department of Ptanning Services shall be responsible for F . Notice of the substantial change hearing and the public hearing date 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 . Notice will not be sent to property owners concerning land use matters , such 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 PAGE 2 2023- 3495 ORD2023 - 15 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 petitionapplication solely upon theits contents of the petition or when deemed advisable by the Board that the applicant has failed to demonstrate that a substantial change in the facts or circumstances havehas 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 rehearing petition . the Planning Commission ' s recommendationsubstantial change application , oral testimony at the public hearings , written related information and any other relevant material in making its decision . When the Board of County -Commissioners grants a rehearing petitionlf 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 Chapter 23 or 24 of this Code . J . No petition for rehearing may be granted wheresubstantial change application will be accepted by the Department of Planning Services if the decision of the Board of County Commissioners on a-the land use application has been appealed or contested in any court of law , during the pendency of the court action . Delete K . The applicant , - � ~ denial , may choose to addr to the land use appli- , circumstances regarding the application , -Of that there is newly discovered evidence that the applicant co •t--diligent effort prior to the original decision of lanning Co • . discretion , hear and decide the prel+ninary matter separately or in conjunction with the land use application , and a- • • tie criteria of this Section may be grounds, in anc of itse f, for denial of the lane use application . No fee in addition to the fee for the land us ed , but the applicant would not be e ision is based upon a failure to demonstrate compliance with the criteria of this Section . PAGE 3 2023-3495 ORD2023- 15 Amend Sec . 2 -3 -30 . Reserved . A . General Requirements for Collateral : .- all applications for Subdivisions , Planned Unit Developments , Final Plats , Uses by Spe • to an application , the p • releases Improvements Agreement . is Agreement in the following forms : ( 1 ) Project Collateral for completion of all improvement described in the Improvements Agre parately for on-site improvements • for all improvements be kept in place for the life of the permit . 3. The value of Project Collateral subm4tted to the County must be equivalent to one hundred percent ( 100% ) of the value of the improvements identified on the accepted Construction Plans or USR Plat Map and further enumerated in the Improvements Agreement . Prior to the Access Permit or Final Plat-approval , the applican: sia incica-e wiici i : free ( 3) types of collateral he or she prefers to secure the improvements subject to final approval by the Board of County Commissioners (hereinafter referred to as the "Board" ) and the execution of an Improvements Agreement . Acceptable collateral shall be submitted either upon prematurely or becomes unacceptable pursuant to the terms of Paragraph 4 . below , and is not timely replaced , then the Access Permit or Final Plat approval all current County standards , policies and regulations . Unless otherwise set forth three ( 3) years after the Acce,,s Permit or Final Plat approval ( not one ( 1 ] year after and further provides updated coremaining improvements and 0 the improvements rema-i-ning to be completed . If improvements are not completed and the agreement is not renewed within these time frames , the Board , at its see that the improvements are made . 4 Warranty Collateral for all on-site and off-site improvements shall be submitted to and held by the County for two ( 2 ) years , as set forth in the Improvements PAGE 4 2023- 3495 ORD2023- 15 Agreement , following the County's written acceptance of the improvements. a . All references to "Acceptance of Improvements" shall refer to the County confirming completion of the improvements according to the accepted Construction Plans . By accepting any hprovement , the County does not accept any present or future responsibilities or obligations relative to the improvements . 5 . d/or repair improvements necessary to complete the improvements or repairs in order to preserve public interest . 6 . Road Maintenance Collateral shall be submitted to the County upon the release of acce . approval of the Improvements Agreement or at such time that approved permit ee thousand six hundred dollars ($3 , 600 . 00) for facilities adjacent to paved haul roads or two thousand four hundred dollars ($2 , 400 . 00) for facilities adjacent to gravel haul route roads . 7 . Road Maintenance Collateral is held for use on roads associated with the designated haul route . Road Maintenance Collateral shall be held by the County pplicant se agreement or permit . Road Maintenance Collateral- • pplicant of require , County , the applicant shall , within six (6) months . 8 . The appl+cant may choose to provide for a phased development by means of r--Final Plat Subdivision . filing as approved . The County wilt place restrictions on those portions of the property tha: are not coverer ay col ateral w iic i wi prohibit the conveyance of the • ed or until proved pursuant to the requirements for a request for release of collateral at Subsection C . below . 9 . The Board of County Commissioners reserves the right to reject collateral which is deemed inappropriate or insufficient , which may be either as collateral in the form three-s y Bauer Financial or as collateral in the form of a • -ance company which does not have at least a B+ rating given by A . M . Best . The Board further reserves the right to require the PAGE 5 2023-3495 ORD2023- 15 applicant to obtain replacement collateral if the rating of the financial institution providing the collateral drops below the levels stated above . Replacement collateral has been secured . B . • . 1 . An irrevocable letter of credit from a federal- or state-licensed financial institution Mate-at 'z ma t lowing : a . alent of one hundred percent ( 100% ) of the A . 2 . above . b . The letter of credit shall provide for payment upon demand to the County if the applicant has not performed the obligations specified in the Improvements Agreement and the issuer has been notified of such default . c . The issuer of the letter of credit shall guarantee that at al-1 times the unreleased portion of the letter of credit shall be eqL al to a mini-mum of one hundred percent ( 100% ) of the estimated costs of completing the uncompleted portions of the required improvements , based on inspections general improvement item exceed the cost estimate in the Improvements Agreement ( i . e . , streets , sewers , water mains and landscaping , etc . ) . In the event the applicant is required to warranty the improvements , the letter of credit may be partially released pursuant to the requirements for a request =or release o= co a:era a: Subsec:ion C . be ow . letter of credit shall be the date of release by the County of the final fifteen percent ( 1 ° , . bove . The letter shall in full force and effect until after the Board- has received sixty (60) days' The notice shall be sent by certified mail to the Clerk to the Board . 2 . A surety bond given by a corporate surety authorized to do business in the State , in an amount equivalent to one hundred percent ( 100% ) of the value of the improvements , as specified in the I-n-provements Agreement . a . The applicant shall utilize only a County approved form when obtaining a surety bond: ( PERFORMANCE BOND FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY , COLORADO) . A copy of the form est . PAGE 6 2023- 3495 ORD2023- 15 b . In the event the applicant • • • , applicant shat o • • ty at the end of the warranty period . 3 . ( 100% ) • event the applicant is r applicant shall 0 of the original amount and those funds shall remain available to the County until released by the County at the end of the warranty period . Material haulers may pay the cash deposit quarterly on an agreed upon amount per ton hauled , C . Requests for Release of Collateral : 1 . Prior to release of collateral for the entire project or for a portion of the project by the County , the developer must present a Stat from an engineer registered in the State . Engineering Statements of Substantial Compliance are only required following notification by the County . The Statement , has been completed in substantial compliance with approved plans and a . The engineer nr hoc or—her representative has made regular on-site • b . For the improvements to public rights-of-way or easements , test results must be submitted for all phases of this project , as per the Colorado in the CDOT Materials Manual . of collateral is submitted . The engin er a ce ify hat tie project -Z -T-T'�-Z TLT�-L- Z built" is in substantial com • • • • acceptance from the County Engineer. d . The Statements of Substantial Compliance must be accompanied , if ptance of maintenance and responsibility by e . A letter must be submitted from the appropriate fire authority , if applicable , indicating that the fire hydrants are in place in accordance with the approved plans . The letter se- all indicate if the fire hydrants are operational and , if required by the County , state the results of fire-flow tests . PAGE 7 2023- 3495 ORD2023- 15 Lion plans . 3 . Following the submittal of the Statement of Substantial Compliance and recommendation of acceptance of the improvements by the Department of t of Public release of the collateral for the project or portion of the project by the Board . This For all on -site and/or off-site improvements ( including improvements to public right value of the improvements as shown in the Improvements Agreement , excluding improvements fully accepted for maintenance by the responsible governmental 5 . Following the written request for release of the Warranty Collateral , the Public Works shall inspect period . The Warranty Coll erty owner following the expiration of the warranty period , upon final written acceptance by the Board of County Commissioners . rmit is active,- D . Corporate Guaranty as Alternative to Collateral : 1 . The Board , in its sole discretion , may grant a land use applicant' s request to requirements out inec in tits Section . Tie Board may not accept a corporate following requirements : a . The Guarantor is a legal entity in good standing with the Colorado sing agency of the Guarantor' s state of incorporation . b . The Guarantor provides the County with a copy of its Dun and Bradstreet Credit Rating Report . Such report shall be no more than ninety ( 90) days • s 2 . If the applicant meets all • Board PAGE 8 2023- 3495 ORD2023 - 15 • applicant's histo anything else the Board deems relevant . a. t may be used as an alternative to Project above. If the Board approves -the use of a corporate guaranty agreement , the applicant shall still be responsible for providing Road Maintenance Collateral (if applicable) . Amend Sec . 2 -3-40 . Reserved . Board of County Commissioner hearings will be scheduled as soon as practical after a Planning Commission hearing , where applica • rs hearing be scheduled earlier , in which case pre- equest for pre • A . The applican , to the Clerk to the Board' s office when requesting pre-advertising for a Board of County why the applicant is requesting the pre aQ .is mem acm+ �r IMP:ive one hundred dollars ( $ 100 . 00) shall accompany the letter-,-- B . Upon receipt of the request and application materials, as listed below , from the Department of Planning Services , the Clerk to the Board' s office shall schedule the request for pre-advertisement on the first availab meeting . C . The applicant shall appear at the Board of County Commissioners meeting and explain why the pre-advertisement has been requested . The applicant must show that the request fo delay caused by no pre-advertisement is l * * hardship for the applicant . 2 . One ( 1 ) copy of the legal notice prepared by the Department of Planning Services 3 . 4 . - A written statement signed by the Planner, certifying that the pre-advertisement fee las been collected . PAGE 9 2023- 3495 ORD2023- 15 5 . In cases where an authorized a licant' s permission to act on his or her behalf. O . Upon approval of the request by the Board of County Commissioners , the Clerk to the • s nce with established administrative office procedures . 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) 336-7215 , Extension 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 deannexeddisconnected from municipality by ordinance. Section 31 - 12-603 , C . R . S. , -provides that de-a-nnexed property which has been in a statutory municipality for more than- two ( 2 ) years maintains its municipal zoning unless PAGE 10 2023- 3495 ORD2023- 15 } County Commissioners on December 15 , 1997 , the following shall be the -policy concerning -a municipality : A . Deannexed property not subject to Section 31 - 12 -603 , C . R . S . , or Intergovernmental Agreements with municipalities or other counties limiting the applicability of this rule would revert to the Coun Use by Special Review) unless the Planning Director determines that there is need for a Board determination as to whether there has been a substantial change in conditions in the neighborhood from the date of the annexation . The procedure for determining whether there has been a substantial change may be initiated prior to the effective date of the • tion of no substantial change in the conditions in the termination . The procedure for the Board' s consideratio adjudicatory type hearings , except that the burden shall be upon the party seeking to reinstate County zoning . B . The uses and structures allowed in the de-annexed property where there has been a ditions of the neighborhood will be limited to those uses legally in e • . - zone designation . 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 . Amend Sec . 2 -3 -90 . • Custodian of Planning case files. The Board of County Commissioners has determined the Department of Planning the Clerk to the Board only when e file for a staff-approved or collateral is ready to be considers • to the Clerk to the Boa nd Board . In this man , those files for which an item of business has been considered and acted upon by the Board . 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 . It is the policy of the Board of County Commissioners that : A . — No change . B . At times determ-ined by the Director of Planning- Sery ces to be reasonable , he or she shall PAGE 11 2023- 3495 ORD2023 - 15 allow the applicants to listen to a recording of a hearing . 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 . Recording and playback equipment shall be operated only by the Director of Planning Services or by the Department of Planning Services staff. D . staffs time for operating playback equipment for persons who wish to listen , record or transcribe from a recording . E . Anyone transcribing from—an electronic device shall furnish the Director of Planning Services one ( 1 ) copy of the transcription without charge . P . The Director of Planning Services may have staff prepare a transcript from a recording GC . Transcriptions shall be sold for a fee based on : ( 1 ) cost of the staff' s time preparing the transcript ; and ( 2 ) all direct costs of preparing copies . Amend Sec . 2 -3 - 110 . Determination of sa Repealed . Resolutions regarding the determ-ination of satisfaction of Improvements Agreements and ss removed therefrom by the Board . ARTICLE IV — Hearings Amend Sec . 2 -4- 10 . Appeals process . The Board of County Commissioners shall act as a board of appeals to hear complaints onappeals 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 Uniformthe 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 a complaintan appeal , in writing , with the Clerk to the Board within sixty (60 )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 complaintappeal shall include : 1 . The name of the employee , board , commission or department against which the complaintappeal is made . PAGE 12 2023- 3495 ORD2023- 15 2 . A description of the action taken and the basic facts involved in the complaintincident . 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 complaintappeal , and shall notify all parties involved in the incident . 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 HT . 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 . Adjudicatory-typeShow 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 presiding officeradministrative body . E . Presiding officer. The Chairman 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 . PAGE 13 2023- 3495 ORD2023- 15 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 . 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 menpersons 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 . Preponderance of the evidence is defined as that evidence which is most convincing and satisfy . parties . d such 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 (4) . 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 and shall be mailed to the address listed in the permitto 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 . PAGE 14 2023- 3495 ORD2023- 15 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 uses by special review and permits issued under Chapter 2lland 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 . 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 . AddressesOutside 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)_ is witrin in thirty { 3.0 ) days of being recorded in the offices of the Weld County Clerk and Recorder•. AM 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 Department of Public Works . This process is describes inCounty pursuant to Chapter 128 , Article 5XIV 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 . PAGE 15 2023 - 3495 ORD2023- 15 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 of Section 502 of the 1997 Uniform Building Code , or of any applicable fire codeset 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 . 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 , 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 : PAGE 16 2023- 3495 ORD2023- 15 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 PAGE 17 2023-3495 ORD2023-15 Hello