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WELD COUNTY
CODE ORDINANCE 2015-9
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 certain existing Chapters of the Weld County Code be,
and hereby are, repealed and re-enacted, with amendments, and the various Chapters are
revised to read as follows.
CHAPTER 24
SUBDIVISIONS
Amend Sec. 24-8-10. Exemption from definition.
A. The Board hereby determines that land divisions which meet the requirements for
exemption in this Article are not within the purposes of Article 28 of Title 30, C.R.S. Pursuant to
Subsection 30-28-101(10)(d), C.R.S., such land divisions are exempt from the definition of
subdivision or subdivided land and from following the complete regulations, requirements and
procedures set forth in this Chapter. The land divisions shall follow the procedures set forth in
this Article. Exemptions approved pursuant to this Article shall be referred to as recorded
exemptions and subdivision exemptions.
B. Owners of land are eligible to apply for an exemption only when at least one (1) of the
resulting parcels would be less than thirty-five (35) gross acres in size.
Remainder of Section —No changes.
Amend Sec. 24-8-20. Recorded exemption.
A through B— No changes.
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C. The recorded exemption application shall include the total contiguous land ownership,
except in the A (Agricultural) Zone District. In the A (Agricultural) Zone District, the following will
apply:
1. When a contiguous ownership equals at least one hundred sixty (160) acres, or is a
parcel otherwise recognized as a complete quarter section, a portion of the parcel equal to the
minimum buildable lot size (eighty [80] acres, or a parcel otherwise recognized as half of a
quarter section) may be used in the two-lot recorded exemption application. When a
contiguous ownership equals two (2) or more parcels created prior to the initiation of
subdivision regulations, a single parcel may be used in the two-lot recorded exemption
application. Lot B of a two-lot recorded exemption is eligible for future land exemption five(5)
years from the date of recording the exemption plat, in accordance with Section 24-8-40.M.
Lot A of a two-lot recorded exemption created prior to March 1, 2004, is eligible for a
one-time-only future land exemption and both lots created are not eligible for a future land
exemption. Lot A of a two-lot recorded exemption created after March 1, 2004, is not eligible
for a future land exemption.
2. A three-lot recorded exemption application may be submitted when contiguous land
ownership equals a minimum of one hundred twenty-two(122)acres. Remaining contiguous
property must be included unless the remaining parcel equals at least eighty (80) acres; is a
parcel otherwise recognized as a complete half of a quarter section; is a lot of an existing
recorded exemption; or is a parcel created prior to the initiation of subdivision regulations.
Two (2) of the proposed parcels shall be less than thirty-five (35) acres in size, and the third
parcel must be at least one hundred twenty (120) acres in size. Lot C of a three-lot recorded
exemption is eligible for future land exemption five (5) years from the date of recording the
exemption plat, in accordance with Section 24-8-40.M. The two (2) smaller lots of a three-lot
recorded exemption created prior to March 1, 2004, are eligible for a one-time-only future land
exemption and both lots created are not eligible for a future land exemption. The two (2)
smaller lots of a three-lot recorded exemption created after March 1, 2004, are not eligible for
a future land exemption.
3. — No change.
4. A parcel created prior to the initiation of subdivision regulations is eligible for a two-lot
recorded exemption.
Remainder of Section —No change.
Amend Sec. 24-8-40. Exemption standards.
An exemption application shall comply with all of the following standards:
A through C— No change.
D. The proposed recorded exemption will comply with Chapter 23, Article V and Article XI of
this Code.
E through J — No change.
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K. The proposal is consistent with the Statement of Purpose as expressed in Section 24-1-30
of this Chapter.
1. The approval of an exemption may be conditioned or restricted to carry out the intent
of Section 24-1-30 of this Chapter or to mitigate impacts or address concerns of referral
agencies. Conditions and restrictions may include, but are not limited to, creation of
conservation easements or other legal mechanisms to encourage agricultural production on
the parcels and to maintain irrigation water for the parcels, the utilization of existing housing,
and the satisfaction of school district concerns, pursuant to the requirements of Section
30-28-133(4)(a), C.R.S. Conditions of approval shall be met prior to recording the plat, and
restrictions may be enforced by means of notes on the plat.
Remainder of Section—No change.
Amend Sec. 24-8-50. Submittal requirements.
The following information shall be completed and submitted to the Department of Planning
Services as part of the exemption application:
A through K—No change.
L. An exemption sketch map drawn on a sheet of paper eight and one-half (8%) inches by
eleven (11) inches. The sketch map shall be legible and include the following information:
1 through 8— No changes.
Delete 9.
Remainder of Section— No changes.
Amend Sec. 24-8-60. Exemption plat.
An exemption plat shall be prepared after an application is approved and all conditions of
approval have been met. The applicant shall submit one (1) paper copy and one (1) electronic
copy (.pdf) of the plat for preliminary approval to the Department of Planning Services. Upon
approval of the paper copy, the applicant shall submit a Mylar plat along with all other
documentation required as conditions of approval. The Mylar plat shall be recorded in the office
of the County Clerk and Recorder by the Department of Planning Services. The Mylar plat and
additional requirements shall be recorded within sixty (60) days from the date the administrative
review was signed. The applicant shall be responsible for paying the recording fee. If the
exemption plat has not been recorded within sixty (60) days from the date the administrative
review was signed, or Board of County Commissioners resolution, or if an applicant is unwilling or
unable to meet any of the conditions within sixty (60) days of approval, the application will be
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forwarded to the Board of County Commissioners with a staff recommendation for denial. The
Director of Planning Services may grant an extension of time, for good cause shown, upon a
written request by the applicant. The plat shall meet the following requirements:
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 Colorado Code Publishing 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 2015-9 was, on motion duly made and
seconded, adopted by the following vote on the 20th day of July, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
Mike Freeman, Pro-Tem
BY:
Deputy Clerk to the Board
Sean P. Conway
APPROVED AS TO FORM:
Julie A. Cozad
County Attorney
Steve Moreno
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Publication: May 6, 2015
First Reading: June 8, 2015
Publication: June 17, 2015, in the Greeley Tribune
Second Reading: June 29, 2015
Publication: July 7, 2015, in the Greeley Tribune
Final Reading: July 20, 2015
Publication: July 29, 2015, in the Greeley Tribune
Effective: August 3, 2015
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