Weld County residents living ag lifestyle learn their properties were zoned residential decades ago

Dozens of home and landowners in eastern unincorporated Greeley are facing possible fines after learning the way they've lived on their properties for years may be in violation of zoning codes. 

Many residents in a community around 20th Street and Cherry Avenue have learned their properties were never zoned agriculture as they believed, and many are now asking the county to rezone the land before they are forced to make drastic changes.

The community first started learning of the issues in late 2023 when at least one resident started reporting landowners to the county for violating zoning codes. 

According to resident Bob Walter, who was one of those reported, more than 60 reports of violations were filed with Weld County in 2023. In the previous two decades, Walter said only four complaints of zone code violations had been made in the same area.

Weld County is a complaint-driven county. That means the county does not have code enforcement officers surveying properties. Instead, the properties have to be reported, and then code enforcement investigates and determines if citations are needed.

Walter told CBS News Colorado's Dillon Thomas he learned he was violating county code by living in a camper on his family's property.

"I told them, 'you got to be getting me. What code?'" Walter said.

Walter was notified that his camper was not permitted to be on the land due to it being zoned R1 or residential. Walter said he and his family never knew the land was zoned residential when they purchased it, saying the entire community appeared to be agricultural from the start.

"It was pretty devastating. They said you have two weeks to disconnect it from power, get it road ready and get out of it," Walter said.

Walter had sold his home and land in eastern Colorado to help his daughter's family purchase the eastern Greeley property with the intention of living in the camper in the backyard. His camper is not visible from the dirt road you have to drive on to get to the property.

"I told them you are going to make me homeless, I have no place to go," Walter said.

In the weeks and months to follow, several more of his fellow community members found themselves being investigated and facing citations for code violations.

"(Use) the eye test. Look around, it is ag," Walter said. "Most places have some sort of animals. There are horses, pigs, goats, mules, sheep, llamas. Pretty much every place has them."

Walter took Thomas on a ride through the community. He pointed out how many properties looked identical to those across the street from them, in that they all had animals and many vehicles. However, in many situations, one property on one side of the dirt road would be zoned agriculture while the one directly across the dirt road would be zoned residential.

Rocky Warta, who has lived in his home for nearly a decade, was reported for having collector vehicles needing fixing parked in his backyard.

"(I was) not hurting nobody or nothing. Then, all a sudden, (I) get turned in," Warta said.

Warta said he has had vehicles in his backyard for more than eight years, vehicles he repairs. He said he has never had an issue with anyone that entire time. Then, in late 2023, he learned he had been reported by a community member and needed to conceal his vehicles.

Unless he was willing to pay fines or get rid of his cars, Warta had no other option but to pay for a new fence.

"I had to take a loan out on my house to pay for this. $10,000," Warta said.

Walter said he didn't blame the county code enforcers for doing their jobs. However, he said he hoped everyone knew the difficulties the sudden enforcement of codes is causing for many residents.

"(The county code enforcers) are basically coming out here and telling people, 'Your way of life you are used to, for generations, it is basically over,'" Walter said.

Walter gathered more than 100 petition signatures and presented them to Weld County commissioners like Kevin Ross. The petition called for the community to be rezoned agriculture, allowing most residents to carry on with the lifestyles they've had on their properties.

Ross told CBS News Colorado a very large group of concerned neighbors attended a special meeting on Tuesday night. There, commissioners reminded them that the recent spike in code enforcement is the result of complaints filed to the county.

"We let people live their lives until there is a complaint filed and then we go investigate those claims," Ross told CBS News Colorado.

Ross said the commissioners spent a long time meeting with residents, hearing both sides of the argument, and presented them with what a possible rezoning might mean.

"As a county, we don't really care if they are zoned agricultural, whether they are zoned residential. We just want to make sure they have all the tools in place so they can make the best decision for them," Ross said.

Ross clarified that the properties in question have never been zoned agriculture. However, he said the county is willing to rezone the land if the residents are willing to weigh the pros and cons and make a decision for themselves.

"Well, we stand up for ag here in Weld County," Ross said. "(Issues like this are) due to the rapid growth that Weld County is experiencing. Not just Greeley, but everywhere. We are seeing these types of situations arise more frequently."

Ross noted that some of the complaints filed with the county have illuminated some issues that need to be addressed with properties no matter the zoning. He also noted that there are some residents who want the properties to remain zoned as residential.

Walter said his petition, with more than 100 signatures, shows a majority of the residents would like to be rezoned and are willing to pay the necessary dues to make that happen.

"Just change the zoning and leave us alone," Walter said.