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WELD COUNTY
CODE ORDINANCE 2013-15
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 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 repealed and re-enacted.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.
THE 12/3/2013 PLANNING COMMISSION HEARING WAS CONTINUED TO 12/17/2013 TO
ALLOW INPUT FROM OIL AND GAS INDUSTRY REPRESENTATIVES IN A PUBLIC
MEETING. STAFF WILL SUBMIT A PLANNING COMMISSION RESOLUTION OF
RECOMMENDATION PRIOR TO THE SECOND READING CURRENTLY SCHEDULED FOR
1/6/2014.
CHAPTER 23
ZONING
Amend Sec. 23-1-90. Definitions.
For the purposes of this Chapter, certain terms or words used herein shall be interpreted as
defined in this Section. The following specific words and phrases. when appearing in this Chapter
in uppercase letters. shall have the meanings stated in this Section:
Add:
BIOSOLIDS: the accumulated treated residual product resulting from a domestic wastewater
treatment works. Biosolids does not include grit or screenings from a wastewater treatment
works, commercial or industrial sludges (regardless of whether the sludges are combined with
domestic sewage), sludge generated during treatment of drinking water or domestic or industrial
septage.
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DOMESTIC SEPTAGE: liquid or solid material removed from a septic tank, cesspool, portable
toilet, Type III marine sanitation device or similar treatment works that receives only domestic
sewage. Domestic septage does not include liquid or solid material removed from a septic tank,
cesspool or similar treatment works that receives either commercial wastewater or industrial
wastewater and does not include grease removed from a grease trap at a restaurant.
LONG RANGE DEVELOPMENT PLAN: A written plan which identifies Best Management
Practices and an Emergency Operations Plan. The LONG RANGE DEVELOPMENT PLAN
needs to be accepted by the Board of County Commissioners no later than February 15 of any
given calendar year. Amendments to the plan can be made throughout the calendar year. A
template for this form is available from the Department of Planning Services.
PLANNING AREA: Is defined as the area within one '1) mile of any municipal boundary or is
identified as "Prime Farmland" and/or "Irrigated Land" as provided appendix 23-G, County
Planning Area Map.
TANK: shall mean a stationary vessel that is used to contain fluids, constructed of non -earthen
materials ;e.g. concrete, steel, plastic, etc.) that provide structural support and which receive and
store oil, gas and/or water directly from and as it is produced by a well.
Amend:
OIL AND GAS PRODUCTION FACILITIES: Consist of the oil or gas well, pumps. heater
treaters, separators, meters. compressors, TANKS BATTERY and other equipment directly
associated with the producing well, all of which must be connected and functional.
Table 23-1E
Land Use Process for Siting Oil and Gas Production Facilities
Zone R-1 R-2 R-3 R-4 R-5 C-1 C-2 C-3 C-4 I-1 1-2 1-3 E PUD A
Ap lication USR USR USR USR USR USR USR USR USR USR SPR SPR USR UBR
0*
USR — Use by Special Review
SPR - Site Plan Review
UBR — Use by Right
* - Exempt from Site Plan Review (SPR)
PUD - Called out by Zone District Requirements, unless specifically addressed in PUD application as a UBR
*** - A (Aq) - SPR may be required depending upon size of facility. See Table 23.3.
Delete:
TANK BATTERY: One (') or more storage tan-cs wiic-i receive anc sore of or gas cirec' y from
and as it is produced by a well. (All referenced to TANK BATTERY will now referenced TANK.)
DOMESTIC SEPTIC SLUDGE: Liquid, semi liquid or solid waste pumped from septic tanks,
vaults, waste holding -tanks and similar STRUCTURES which would be pumped -and transported
for final disposal by a licensed County septic tank cleaner. This definition does not include
hazardous waste, incustria waste wzici is toxic or iazarcous, infectious, nip y putrescib e or
waste that contains more tian one percent (“Yo) petro eum iycrocarbons by vo ume. Septic
s ucge uncer tiis cefinition may not contain more tian fifteen percent ( 5%) raw sewage by
volume.
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Amend Sec. 23-2-150. Intent and applicability.
A No change.
B. A Site Plan Review is required for USES in the following Zone Districts: A-1 (Concentrated
Animal), Residential R-2, R-3 and R-4 Zone Districts except for those uses containing a
single-family dwelling unit or duplex units where the two (2) units are not held in separate
ownership, all Commercial Zone Districts, all Industrial Zone Districts, and any PUD
Districts where a use would require a site plan review in an R-4, Commercial or Industrial
Zone District.
C and D - No change.
E. No Site Plan Review shall be required for:
1 through 3 - No change.
Certain OIL AND GAS PRODUCTION FACILITIES located in the A (Agricultural:
Zone District (see Table 23.3).
Remainder of Section - No change.
Amend Sec. 23-3-20. Uses allowed by right.
No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE
shall hereafter be erected. structurally altered, enlarged or maintained in the A (Agricultural) Zone
District except for one (1) or more of the following USES. Land in the A (Agricultural) Zone District
is subject to the schedule of bulk requirements contained in Section 23-3-50 below. USES within
the A (Agricultural) Zone District shall also be subject to the additional requirements contained in
Articles IV and V of this Chapter.
A through H - No change.
OIL AND GAS PRODUCTION FACILITIES. All OIL AND GAS PRODUCTION
FACILITIES in the A (Agricultural) Zone District require a Site Plan Review, and
are subject to all of the Site Plan Review requirements outlined in Article II, Division
3, of this Chapter, unless otherwise exempted according to the following Table
23.3.
Table 23.3
Site Plan Review Requirement for Oil and Gas Production Facilities
Is a Site Plan Review ( "SPR ") Required?
Number of
Fewer than 12
Between 12 and
Between 33 and 48 TANKS, or
More than 48
TANKS or
TANKS, or less
32 TANKS, or
between the equivalent of
TANKS, or more
equivalent
than the
between the
16,001 and 24,000 barrels of
than 24,000 barrels
barrels qf
equivalent of
equivalent of
storage capacity.
of storage capacity.
storage
6,000 barrels of
6,000 and 16.000
capacity.
storage
barrels of storage
capacity.
capacity.
SPR
No.
Yes, unless the
Yes, unless the Board of County
Yes. unless_the
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required?
Board of County
Commissioners has accepted
Board of County
Commissioners
the Oil and Gas Operator's
Commissioners has
has accepted the
LONG RANGE
accepted the Oil and
Oil and Gas
DEVELOPMENT PLAN, and:
Gas Operator's
Operator's LONG
(1) the OIL AND GAS
LONG RANGE
RANGE
DEVELOPMENT
DEVELOPMENT
PRODUCTION FACILITY is
PLAN, and the
PLAN.
not located within a
Director of
PLANNING AREA; or
Planning Services
2) the OIL AND GAS
has waived the SPR
requirement. The
PRODUCTION FACILITY is
Director may do so if
located within a PLANNING
he or she finds the
AREA, and the Director of
OIL AND GAS
Planning Services waives the
PRODUCTION
SPR requirement because he or
FACILITY is
she finds that the OIL AND
compatible with
GAS PRODUCTION
surrounding uses.
FACILITY is compatible with
surrounding uses; or
(3) the number of TANKS will
be reduced to 32 or fewer than,
or the equivalent of 16,000
barrels of storage capacity
within one (1) year after initial
installation.
J through U - No change.
V. Disposal of domestic sewage +dgeBIOSOLIDS subject to the additional
requirements of Chapter 14 Article t /II, Division 6 of this Chapter.
W. Disposal of DOMESTIC SEPTIC SLUDGEDOMESTIC SEPTAGE subject to the
additional requirements of Chapter 14, Article IVVI, Division 7 of this Chapter.
Remainder of Section - No change.
Amend Sec. 23-3-30. Accessory uses.
The following BUILDINGS, STRUCTURES and USES shall be allowed in the A
(Agricultural) Zone District so long as they are clearly incidental and ACCESSORY to the Uses
Allowed by Right in the A (Agricultural) Zone District. Such BUILDINGS. STRUCTURES and
USES must be designed, constructed and operated in conformance with the bulk requirements
contained in Section 23-3-50 below. ACCESSORY USES within the A (Agricultural) Zone District
shall also be subject to the additional requirements contained in Articles IV and V of this Chapter.
Note: The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed after
the original effective date of this Chapter (August 25. 1981) on LOTS in an approved or recorded
subdivision plat or LOTS part of a map or plan filed prior to adoption of any regulations controlling
subdivisions of less than ten (10) acres shall not exceed four percent (4%) of the total lot area,
except in Regional Urbanization Areas, which shall adhere to RUA development standards.
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However, in no case shall such an accessory building exceed twice the GROSS FLOOR AREA of
the primary residence on the lot except by variance. Any accessory structure made
nonconforming by application of this Section may be repaired, replaced or restored in total.
A through K - No change.
L. Semi -trailer used as accessory storage. One (1) semi -trailer used as accessory
storage may be permitted on lots in an approved or recorded subdivision plat, or
LOTS which are part of a map or plan filed prior to the adoption of any regulations
controlling subdivisions in the A (Agricultural) Zone District, according to the
procedure and zoning permit requirements outlined in Section 23-4-900 of this
Chapter for the purpose of storing goods inside the unit. Up to two (2) semi -trailers
may be used as accessory storage on agricultural parcels not in an approved or
recorded subdivision plat, or LOTS which are part of a map or plan filed prior to the
adoption of any regulations controlling subdivisions in the A (Agricultural) Zone
District, without a zoning permit. Additional semi -trailers used as accessory
storage may be allowed on all lot sizes and types, as described in Subsection
23-3-40.0 below.
COMMERCIAL VEHICLES. Parking and operation of one (1) COMMERCIAL
VEHICLE may be permitted on lots in an approved or recorded subdivision plat, or
LOTS which are part of a map or plan filed prior to the adoption of any regulations
controlling subdivisions in the A (Agricultural) Zone District. according to the
procedure and zoning permit requirements outlined in Section 23-4-950 of this
Chapter. Parking and operation of one (1) COMMERCIAL VEHICLE may be
allowed on property of less than eighty (80) acres in size, when not a LOT in an
approved or recorded subdivision or a LOT which is part of a map or plan filed prior
to adoption of any regulations controlling subdivisions, without a zoning permit.
Without the appropriate land use permits, only one (1) tractor trailer and one (1)
two -rear -axle vehicle are permitted on a parcel of land less than eighty (80) acres.
Parking and operation of up to five (5) COMMERCIAL VEHICLES may be allowed
on property equal to or greater than eighty (80) acres in size when used to haul
agricultural goods, equipment or livestock, as long as the number of trips does not
exceed sixty (60) per day to and from the property. No additional COMMERCIAL
VEHICLES are allowed, unless part of a commercial or industrial USE otherwise
permitted by Subsection 23-3-40.R S below.
Remainder of Section - No change.
Amend Sec. 23-3-40. Uses by special review.
The following BUILDINGS, STRUCTURES and USES may be constructed, occupied,
operated and maintained in the A (Agricultural) Zone District upon approval of a permit in
accordance with the requirements and procedures set forth in Article II. Division 4 of this Chapter.
A through DD - No change.
EE. WIND GENERATORS requiring the issuance of 'c Use- by- Special Review Permit,
as per Chapter 23, Article II, Division 4, and Chapter 23. Article IV, Division 126, of
this Code.
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Remainder of Section No change.
Also make the change from Division 12 to Division 6 in the following Weld County code
sections.
23-3-30.N
23-3-210.C.5
23-3-210. D. 10
23-3-220.C.5
23-3-220. D.8
23-3-230.C.5
23-3-230. D.9
23-3-240.C.8
23-3-240. D.4
23-3-310.C.8
23-3-310. D.7
23-3-320.C.8
23-3-320. D.14
23-3-330.C.8
23-3-330.D.15
Amend Sec. 23-3-50. Bulk requirements.
The following lists the bulk requirements for the A (Agricultural) Zone District.
A through D - No change.
E. No BUILDING or STRUCTURE. as defined and limited to those occupancies listed
as Groups A, B, E, F, H, I, M and R in Section 302.1 of the 2003 012 International
Building Code.. shall be constructed within a two -hundred -foot radius of any tank
battery, within a one -hundred -fifty -foot radius of any wellhead or within a
twenty -five-foot radius of any plugged or abandoned oil and gas well. Any
construction within a two -hundred -foot radius of any tank battery or
one -hundred -fifty -foot radius of any wellhead shall require a variance from the
terms of this Chapter in accordance with Subsection 23-6-10.C of this Code.
F Landscape and/or screening criteria may be based upon compatibility with existing
adjacent lots and land uses.
Remainder of Section - No change.
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.
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1 through 7 - No change.
8. Disposal of domestic sewage sludgeDOMESTIC SEPTAGE subject to the
additional requirements of Chapter 14, Article IVVI, Division 6 of this Chapter.
Remainder of Section - No change.
Amend Sec. 23-3-320. 1-2 (Industrial) Zone District.
A - No change.
B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED and no
BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or
maintained, except for one (1) or more of the following USES which must be conducted in
compliance with the performance standards contained in Sections 23-3-340, 23-3-350
and 23-3-360 below.
1 through 7 - No change.
8. Disposal of domestic sewage sludgeDOMESTIC SEPTAGE subject to the
additional requirements of Chapter 14, Article VI, Division 6 of this Chapter.
Remainder of Section - No change.
Amend Sec. 23-3-330. 1-3 (Industrial) Zone District.
A - No change.
B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED and no
BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or
maintained, except for one (1) or more of the following USES which must be conducted in
compliance with the performance standards contained in Sections 23-3-340, 23-3-350
and 23-3-360 below.
1 through 9 - No change.
10. Disposal of domestic sewage sludgeDOMESTIC SEPTAGE subject to the
additional requirements of Chapter 14, Article IVVI, Division 6 of this Chapter.
Remainder of Section - No change.
Amend Sec. 23-3-440. Bulk requirements.
The following Subsections list the bulk requirements for the E Zone District.
A through K - No change.
L. No BUILDING or STRUCTURE, as defined and limited to those occupancies listed
as Groups A, B. E, F, H. I, M, R, S and U in Section 302.1 of the 2003 2012
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International Building Code. shall be constructed within a two -hundred -foot radius
of any tank battery, within a one -hundred -fifty -foot radius of any wellhead or within
a twenty -five-foot radius of any plugged or abandoned oil and gas well. Any
construction within a two -hundred -foot radius of any tank battery or
one -hundred -fifty -foot radius of any wellhead shall require a variance from the
terms of this Chapter in accordance with Subsection 23-6-10.C of this Code.
Remainder of Section - No change.
Amend Sec. 23-4-990. Home Occupation — Class II permit requirements.
A and B - No change.
C. Duties of Department of Planning Services and Board of County Commissioners.
1 through 4 - No change.
5. When, in the opinion of the Department of Planning Services, an applicant has not
met one (1) or more of the standards of Paragraphs 23 4 97023-4-990.D.1
through 8 and/or negative responses are received from at least thirty percent
(30%) of the surrounding property owners within five hundred (500) feet of the
subject property, a hearing shall be scheduled before the Board of County
Commissioners.
6. The Board of County Commissioners shall hold a public hearing to consider the
permit application and to take final action thereon if the Planning Staff has
determined that the application has not met the standards of Paragraphs
23-4 97023-3-990.D.1 through 8. The Board of County Commissioners' decision
shall consider the recommendation of the Planning Staff, referral agency
responses. the application case file and facts presented at the public hearing. The
Board of County Commissioners shall approve the permit unless it finds that the
applicant has not met one (1) or more of the standards as listed in Section
23 4 97023-4-990.
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.
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The above and foregoing Ordinance Number 2013-15 was. on motion duly made and
seconded, adopted by the following vote on the 27th day of January, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
William F. Garcia. Chair
Weld County Clerk to the Board
Douglas Rademacher, Pro -Tern
BY:
Deputy Clerk to the Board
Sean P. Conway
APPROVED AS TO FORM:
Mike Freeman
County Attorney
Publication:
First Reading:
Publication:
Second Reading:
Publication:
Final Reading:
Publication:
Effective:
Barbara Kirkmeyer
November 20, 2013
December 16, 2013
December 25. 2013, in the Greeley Tribune
January 6, 2014
January 15, 2014, in the Greeley Tribune
January 27, 2014
February 5, 2014, in the Greeley Tribune
February 10. 2013
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