HomeMy WebLinkAbout20221415.tiffWELD COUNTY
CODE ORDINANCE 2022-04
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23
ZONING, 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 23 of the Weld County Code be, and hereby is,
repealed and re-enacted, with amendments, to read as follows.
CHAPTER 23
ZONING
ARTICLE II Procedures and Permits
Division 1 Amendments to Zoning Map
Amend Sec. 23-2-10. Amendment procedures.
A. — No change.
B. In addition to the Board of County Commissioners, only the fee owner of a LEGAL LOT may
request amendment of the Official Zoning Map of the COUNTY (a Change of Zone) for said
property.
Remainder of Section — No change.
Amend Sec. 23-2-20. Duties of Department of Planning Services.
A. and B. — No change.
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C. An electronic version of the Official Weld County Zoning Map, which includes all of the
rezoning approvals made by the Board of County Commissioners, shall be maintained. The
map shall be available for public inspection with the Department of Planning Services and
online.
D. — No change.
Amend Sec. 23-2-30. Duties of Planning Commission.
A. The Planning Commission shall hold a hearing to consider the application for the Change of
Zone. The Planning Commission shall provide recommendations to the Board of County
Commissioners concerning the disposition of the requested change. The Planning
Commission shall recommend approval of the request for the Change of Zone only if it finds
that the applicant has met the standards or conditions of this Subsection A and Section 23-2-
50. The applicant has the burden of proof to show that the standards and conditions of this
Subsection A and Section 23-2-50 are met. The applicant shall demonstrate:
1. thru 3. — No change.
4. For zoning amendments to any zone district other than A (Agriculture), unpaved
STREETS/ROADS providing access to the subject parcels shall have a minimum 26 -foot -
wide travel surface with a minimum 4 -inch depth of aggregate surface course (gravel) and
a minimum RIGHT-OF-WAY width of sixty (60) feet. Otherwise, the rezoning shall only be
approved on the condition that the applicant shall enter into an Improvements Agreement
prior to recording the Change of Zone plat. Such agreement shall be in conformance with
Appendix 8-N, Transportation Plan, and Section 2-3-30, Collateral for improvements, both
of this Code. The Improvements Agreement shall provide for the road to be improved to a
minimum of 26 -foot -wide travel surface with a minimum 4 -inch depth of aggregate surface
course (gravel) and a minimum RIGHT-OF-WAY width of sixty (60) feet prior to the
recording of any land use permit map or issuance of any building permit, access permit,
or grading permit, whichever comes first, and shall be re-evaluated for compliance with
any additional improvements upon submittal of an application for a land use permit,
building permit, access permit, or grading permit. Additional improvements, if necessary,
may require an amended or new Improvements Agreement documenting additional
requirements. No land use permit, building permit, access permit, or grading permit shall
be issued without review of the Improvements Agreement.
5. - No change.
B. - No change.
Delete C.
Amend Sec. 23-2-40. Duties of Board of County Commissioners.
A. — No change.
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B. The Board of County Commissioners shall hold a public hearing to consider the application
and to take final action thereon. In making a decision on the proposed Change of Zone, the
Board of County Commissioners shall consider the recommendation of the Planning
Commission, and from the facts presented at the public hearing and the information contained
in the official record which includes the Department of Planning Services case file, the Board
of County Commissioners shall approve the request for the Change of Zone only if it finds that
the applicant has met the standards or conditions of Paragraphs 1 through 5 below and
Section 23-2-50. The applicant has the burden of proof to show that the standards and
conditions of Paragraphs 1 through 5 below and Section 23-2-50 are met. The applicant shall
demonstrate:
1. thru 3. — No change.
4. For zoning amendments to any zone district other than A (Agriculture), unpaved
STREETS/ROADS providing access to the subject parcels shall have a minimum 26 -foot -
wide travel surface with a minimum 4 -inch depth of aggregate surface course (gravel) and
a minimum RIGHT-OF-WAY width of sixty (60) feet. Otherwise, the rezoning shall only be
approved on the condition that the applicant shall enter into an Improvements Agreement
prior to recording the Change of Zone plat. Such agreement shall be in conformance with
Appendix 8-N, Transportation Plan, and Section 2-3-30, Collateral for improvements, both
of this Code. The Improvements Agreement shall provide for the road to be improved to a
minimum of 26 -foot -wide travel surface with a minimum 4 -inch depth of aggregate surface
course (gravel) and a minimum RIGHT-OF-WAY width of sixty (60) feet prior to the
recording of any land use permit map or issuance of any building permit, access permit,
or grading permit, whichever comes first, and shall be re-evaluated for compliance with
any additional improvements upon submittal of an application for a land use permit,
building permit, access permit, or grading permit. Additional improvements, if rkecessary,
may require an amended or new Improvements Agreement documenting additional
requirements. No land use permit, building permit, access permit, or grading permit shall
be issued without review of the Improvements Agreement.
Remainder of Section — No change.
Amend Sec. 23-2-50. Application requirements for Change of Zone.
A. thru D. — No change.
E. The following supporting documents shall be submitted as part of the general application:
1. thru 7. — No change.
8. Reserved.
9. and 10. — No change.
Delete 11.
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F. The applicant shall submit the draft plat for preliminary approval to the Department of Planning
Services in electronic (.pdf) format. Upon approval of the draft plat, the applicant shall submit
a plat for recording, along with any other documentation required as conditions of approval.
The plat shall be delineated in nonfading permanent black ink on Mylar with original signatures
and seals in permanent black ink or shall be digitized with electronic signatures and seals.
Upon completion of all conditions of approval, the plat shall be recorded in the office of the
County Clerk and Recorder by the Department of Planning Services. The plat shall be
prepared in accordance with the requirements of Subsection 23-2-50.D of this Article. The
plat shall be recorded within one hundred twenty (120) days from the date of the Board of
County Commissioners resolution, or by the date specified in the resolution. The applicant
shall be responsible for paying the recording fee. If a plat has not been recorded within one
hundred twenty (120) days of the date the resolution was signed, or by the date specified in
the resolution, the Department of Planning Services shall schedule a public hearing before
the Board of County Commissioners and request the landowner to appear and present
evidence substantiating that the COZ has not been abandoned and that the applicant
possesses the willingness and ability to record the plat. The Board of County Commissioners
may extend the date for recording the plat or revoke the approval and deny the COZ.
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.
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.
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VIII Mr.r ltilI.41EWIMAPAIII:finfldlirilliA II II
The above and foregoing Ordinance Number 2022-04 was, on motion duly made and
seconded, adopted by the following vote on the 18th day of May, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELL OUNTY, COLORADO
ATTEST:div/ •X�GtD•�
Scott K. James, Chair
Weld County Clerk to the Board
County A orney
Date of signature: 5%7/22
Publication:
First Reading: April 20, 2022
Publication: April 24, 2022, in the Greeley Tribune
Second Reading: May 4, 2022
Publication: May 8, 2022, in the Greeley Tribune
Final Reading: May 18, 2022
Publication: May 22, 2022, in the Greeley Tribune
Effective: May 27, 2022
March 26, 2022
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Carly Kopp�a, Clerk and R�oord�r, W�id County CO
Bill
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