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HomeMy WebLinkAbout20130547.tifftatduLy ,_22,0z5-_(;40,3° WELD COUNTY CODE ORDINANCE 2013-1 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, AND 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of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows.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 23 ZONING Amend Sec. 23-3-310. I-1 (Industrial) Zone District. A - No change. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be used in the I-1 Zone District, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained, except for one (1) or more of the following USES. The USES must be conducted in compliance with the Performance Standards contained in Sections 23-3-340, 23-3-350 and 23-3-360 below. 1. Any USE of a research, repairing, manufacturing, fabricating, processing, assembling or storage nature may be conducted in the I-1 Zone District as long as such USE is conducted only within ENCLOSED BUILDINGSso long as such USE is SCREENED from public rights -of -way and ADJACENT properties. 2. Areas for parking passenger vehicles= with a gross vehicle weight less than six thousand (6,000) pounds so long as such parking areas are SCREENED from the public rights -of -way or on ADJACENT properties. Unenclosed parking of vehicles with a gross vehicle weight over six thousand (6,000) pounds is not permitted in the 11 Zone District. PAGE 1 2013-0547 ORD2013-1 3 thru 13 - No change. 14. CHURCH. C through D - No change. E. USE or type of occupancy, DEVELOPED, erected, constructed, reconstructed, moved or structurally altered or operated in the I-1 Zone District until a Site Plan Review has been approved by the Department of Planning Services. It shall be necessary that the applicant in the I-1 Zone District certify and state that the performance standards and district requirements that are applicable to the DEVELOPMENT and USES of property zoned I-1 have been or shall be complied with according to the intent of Article II, Division 3 of this Chapter. This shall be accomplished through the Site Plan Review application process. Uses listed in Subsection D above as Uses by Special Review in the I-1 Zone District shall be exempt from the Site Plan Review process and shall make application for approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. The following is exempted from a Site Plan Review. 1. Commercial towers subject to the provisions of Section 23 4 800.OIL AND GAS PRODUCTION FACILITIES. 2. CHURCH. F - No Change. G. Bu k Requirements. See Sections 23 3 340, 23 3 350 and 23 3 360 be ow. HG. USES similar to the USES listed above, so long as the USE complies with the general intent of the I-1 (Industrial) Zone District. Amend Sec. 23-3-320. 1-2 (Industrial) Zone District. A through D - No change. E. Site Plan Review Required. No land, BUILDING or STRUCTURE shall be USED, changed in USE or type of occupancy, DEVELOPED, erected, constructed, reconstructed, moved or structurally altered or operated in the 1-2 Zone District until a Site Plan Review has been approved by the Department of Planning Services. It shall be necessary that the applicant in the 1-2 Zone District certify and state that the performance standards and district requirements that are applicable to the DEVELOPMENT and USES of property zoned 1-2 have been or shall be complied with according to the intent of Article II, Division 3 of this Chapter. This shall be accomplished through the Site Plan Review application process. Uses listed in Subsection D above as Uses by Special Review in the 1-2 Zone District shall be exempt from the Site Plan Review process and shall make application for approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. The following is exempted from a Site Plan Review. PAGE 2 2013-0547 ORD2013-1 1. Commercial towers subject to the provisions of Section 23 4 800. 2. CHURCH. 31. OIL AND GAS PRODUCTION FACILITIES. F - No change. G. Performance Standards. See Sections 23 3340, 23 3 350 and 23 3 360 below: 44G. USES similar to the USES listed above, so long as the USE complies with the general intent of the 1-2 (Industrial) Zone District. Amend Sec. 23-3-330. 1-3 (Industrial) Zone District. A through D - No change. E. USE or type of occupancy, DEVELOPED, erected, constructed, reconstructed, moved or structurally altered or operated in the 1-3 Zone District until a Site Plan Review has been approved by the Department of Planning Services. It shall be necessary that the applicant in the 1-3 Zone District certify and state that the performance standards and district requirements that are applicable to the DEVELOPMENT and USES of property zoned 1-3 have been or shall be complied with according to the intent of Article II, Division 3 of this Chapter. This shall be accomplished through the Site Plan Review application process. Uses listed in Subsection D above as Uses by Special Review in the 1-3 Zone District shall be exempt from the Site Plan Review process and shall make application for approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. The following is exempted from a Site Plan Review. 1. Commercial towers subject to the provisions of Section 23 4 800. 2. CHURCH. 31. OIL AND GAS PRODUCTION FACILITIES. F - No change. G. Performance Standards. G. USES similar to the USES listed above, so long as the USE complies with the general intent of the 1-3 (Industrial) Zone District. CHAPTER 24 SUBDIVISIONS Sec. 24-8-20. Recorded exemption. A through C - No change. D. In the Commercial and Industrial Zone Districts, the owner may apply for a one-time two PAGE 3 2013-0547 ORD2013-1 I (2) lot Recorded Exemption. No future land exemptions will be allowed. Amend Sec. 24-8-40. Exemption standards. An exemption application shall comply with all of the following standards: A through K - No change. L. The minimum size of any lot proposed with a public water supply is not less than one (1) acre net. The minimum size of any lot proposed with a well as the water supply is not less than two and one-half (21,6) acres net. Minimum lot sizes do not apply in zone districts which allow smaller lots or where exempted by the Board of County Commissioners. The minimum lot size does not apply to subdivision exemption lots created for the temporary use of a parcel for public utility facilities or TELECOMMUNICATION ANTENNA TOWER facilities. 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. PAGE 4 2013-0547 ORD2013-1 The above and foregoing Ordinance Number 2013-1 was, on motion duly made and seconded, adopted by the following vote on the 8th day of April, A.D., 2013. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: William F. Garcia, Chair Weld County Clerk to the Board Douglas Rademacher, Pro-Tem BY: Deputy Clerk to the Board Sean P. Conway APPROVED AS TO FORM: Mike Freeman County Attorney Barbara Kirkmeyer Publication: January 23, 2013 First Reading: Publication: February 25, 2013 March 6, 2013, in the Greeley Tribune Second Reading: March 18, 2013 Publication: March 27, 2013, in the Greeley Tribune Final Reading: April 8, 2013 Publication: April 17, 2013, in the Greeley Tribune Effective: April 22, 2013 PAGE 5 2013-0547 ORD2013-1 Hello