HomeMy WebLinkAbout20120782.tiff NOTICE OF
FINAL READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2012-3 was introduced on
first reading on March 21, 2012, and a public hearing and second reading was held on April 9,
2012. A public hearing and final reading was completed on April 30, 2012, with changes being
made as listed below, and on motion duly made and seconded, was adopted. Effective date of
said Ordinance is listed below.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board
of County Commissioners, located within the Weld County Administration Building, 1150 O
Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday,
or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail
messages sent to an individual Commissioner may not be included in the case file. To ensure
inclusion of your E-Mail correspondence into the case file, please send a copy to
egesick@co.weld.co.us.
ORDINANCE NO. 2012-3
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE, CHAPTER 23 ZONING, AND
CHAPTER 24 SUBDIVISIONS, OF THE WELD COUNTY CODE
EFFECTIVE DATE: May 14, 2012
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: May 4, 2012
PUBLISHED: May 9, 2012, in the Fort Lupton Press
CHANGES MADE TO CODE ORDINANCE #2012-3 ON FINAL READING
Amend the following under Sec. 23-1-90. Definitions, to read as follows:
RECREATIONAL FACILITIES: The following classes of recreational facilities have the following
meanings:
a. PUBLIC RECREATIONAL FACILITIES: PUBLIC parks, zoos, swimming pools, golf
courses and other such facilities owned or operated by or under the direction of a
government agency or a nonprofit corporation which fall within the definition of the word
PUBLIC, as defined above.
b. PRIVATE RECREATIONAL FACILITIES: Includes golf courses, tennis courts,
swimming pools, hunting lodges, country clubs and RECREATIONAL FACILITIES for
fraternal organizations, all of which are owned and operated by either nonprofit
&C AI- &7R'
organizations with a limited membership or by private persons or organization of persons
who own the facilities and are the only users of them.
c. COMMERCIAL RECREATIONAL FACILITIES: Includes bowling alleys, health spas,
swimming pools, tennis courts, miniature golf facilities and the like, operated on a
commercial basis for USE by the paying PUBLIC.
Add the following under Sec. 23-1-90. Definitions, to read as follows:
CAMPING:A recreational activity involving the spending of up to seven (7) consecutive nights in
a tent, primitive structure, a travel trailer or recreational vehicle at a campsite.
FISHING:A recreational activity that involves the act, occupation, or sport of catching fish.
HUNTING:A recreational activity or sport of pursuing game.
WATER SKIING: An aquatic recreational activity that is typically associated with a body of water
and a motorboat, and personal water craft.
Amend Sec. 23-2-50. Application requirements for Change of Zone.
A thru E - No change
F. The applicant shall submit three (3) paper copies of the plat for preliminary approval to
the Weld County Department of Planning Services. Upon approval of the paper copies,
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 plat shall be prepared
in accordance with the requirements of Subsections 23-2-50 C and 23-2-50 D of this
Code. The Mylar plat and additional requirements shall be recorded within one hundred
twenty (120) days from the date of the Board of County Commissioners 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 of the approval of the
Change of Zone (COZ), or within a date specified by the Board of County
Commissioners, the Board may require the landowner to appear before it 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. If the Board determines that
conditions supporting the original approval of the COZ cannot be met, the Board may,
after a public hearing, revoke the COZ.
Division 3
Site Plan Review
Amend Sec. 23-2-160. Application requirements for site plan review.
Any person wanting to apply for a Site Plan Review shall arrange for a preapplication
conference with the Department of Planning Services. The purpose of the application is to give
the applicant an opportunity to demonstrate, through written and graphic information, how the
proposal complies with the standards of this Chapter. The following supporting documents shall
be submitted as a part of the application:
A thru W- No change
X. Site Plan Review Plat: A Site Plan Review Plat shall be prepared after a Site
Plan Review application is approved. The applicant shall submit three (3) paper
copies of the plat for preliminary approval to the Department of Planning
Services. Upon approval of the paper copies, 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 one hundred twenty (120) days from the date the
administrative review was signed. The applicant shall be responsible for paying
the recording fee. If the Site Plan Review Plat has not been recorded within one
hundred twenty (120) days from the date the administrative review was signed,
or if an applicant is unwilling or unable to meet any of the conditions within one
hundred twenty (120) days of approval, the application will be forwarded to the
Weld County Code Compliance for violation. 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
Division 4
Uses by Special Review
Amend Sec. 23-2-200. Intent and applicability.
A thru G - No change
H. The applicant shall submit three (3) paper copies of the plat for preliminary approval to
the Department of Planning Services. Upon approval of the paper copies, 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 plat shall be prepared in
accordance with the requirements of Subsection 23-2-260.D of this Code. The Mylar
plat and additional requirements shall be recorded within one hundred twenty (120) days
from the date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee. If a Use by Special Review (USR) plat has not
been recorded within one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution, or within a date specified by the Board of County
Commissioners, the Board may require the landowner to appear before it and present
evidence substantiating that the Use by Special Review (USR) has not been abandoned
and that the applicant possesses the willingness and ability to record the Use by Special
Review (USR) plat. The Board of County Commissioners may extend the date for
recording the plat. If the Board determines that conditions supporting the original
approval of the Use by Special Review (USR) plat cannot be met, the Board may, after a
public hearing, revoke the Use by Special Review (USR).
Division 5
Special Review Permits for Major Facilities of Public Utility or Public Agency
Amend Sec. 23-2-300. Applicability.
A thru B - No change
C. The applicant shall submit three (3) paper copies of the plat for preliminary approval to
the Department of Planning Services. Upon approval of the paper copies, 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 plat shall be prepared in
accordance with the requirements of Section 23-2-380 or 23-2-390 of this Code. The
Mylar plat and additional requirements shall be recorded within one hundred twenty
(120) days from the date of the Board of County Commissioners resolution. The
applicant shall be responsible for paying the recording fee. If a Use by Special Review
(USR) plat has not been recorded within one hundred twenty (120) days from the date of
the Board of County Commissioners Resolution, or within a date specified by the Board
of County Commissioners, the Board may require the landowner to appear before it and
present evidence substantiating that the Use by Special Review (USR) has not been
abandoned and that the applicant possesses the willingness and ability to record the
Use by Special Review (USR) plat. The Board of County Commissioners may extend
the date for recording the plat. If the Board determines that conditions supporting the
original approval of the Use by Special Review (USR) plat cannot be met, the Board
may, after a public hearing, revoke the Use by Special Review (USR).
Amend Sec. 23-3-30. Accessory uses, to add the following:
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. 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 thru Q - No change
R. Recreational activities, including:
1. Hunting.
2. Fishing.
3. Camping.
4. Water skiing.
Amend Sec. 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 thru B - No change.
C. Recreational facilities and USES including:
1. Race tracks and race courses.
2. DRIVE-IN THEATERS, subject to the provisions of Section 23-4-410.
3. Golf courses.
4. Shooting ranges, subject to the provisions of Section 23-4-370.
5. Guest farms and hunting lodges.
6. Fairgrounds.
7. PUBLIC or commercial camping.
8. RECREATIONAL FACILITIES such as water skiing lakes and dirt bike
race courses, for example, that are used as public or private
COMMERCIAL RECREATIONAL FACILITIES.
Remainder of Section - No change
Division 4
Open Mining
Amend Sec. 23-4-250. Purpose.
The applicant shall submit three (3) paper copies of the plat for preliminary approval to
the Department of Planning Services. Upon approval of the paper copies, 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 plat shall be prepared in accordance with the requirements of Section
23-4-270 of this Code. The Mylar plat and additional requirements shall be recorded within one
hundred twenty (120) days from the date of the Board of County Commissioners resolution.
The applicant shall be responsible for paying the recording fee. If a Use by Special Review
(USR) plat has not been recorded within one hundred twenty (120) days from the date of the
Board of County Commissioners resolution, or within a date specified by the Board of County
Commissioners, the Board may require the landowner to appear before it and present evidence
substantiating that the Use by Special Review (USR) has not been abandoned and that the
applicant possesses the willingness and ability to record the Use by Special Review (USR) plat.
The Board of County Commissioners may extend the date for recording the plat. If the Board
determines that conditions supporting the original approval of the Use by Special Review (USR)
plat cannot be met, the Board may, after a public hearing, revoke the Use by Special Review
(USR).
PROOF OF PUBLICATION
FORT LUPTON PRESS
STATE OF COLORADO
COUNTY OF WELD SS.
I, Allen Messick, do solemnly swear that I am the Publisher
of the Fort Lupton Press that the same is a weekly
newspaper printed and published in the County of Weld,
State of Colorado, and has a general circulation therein;
that said newspaper has been published continuously and
uninterruptedly in said county of Weld for a period of more
than fifty-two consecutive weeks prior to the first
publication of the annexed legal notice or advertisement;
that said newspaper has been admitted to the United
States mails as second-class matter under the provisions
of the act of March 3, 1879, or any amendments thereof,
and that said newspaper is a weekly newspaper duly
qualified for publishing legal notices and advertisements
within the meaning of the laws of the State of Colorado.
That the annexed legal notice or advertisement was
published in the regular and entire issue of every number
of said weekly newspaper for the period of ONE
consecutive insertion(s); and that the first publication of
said notice was in the is e of newspaper, dated 9th day
of MANY 2012, and the st on the 9th day of MAY 2012
Publisher `ub cribed and sworn before me, this 9th
/,day of MAY 2012
g Nolan
1°
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My Commission Expires : 02/02/2014
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\ tom° is
below, and on motion duly made 50 0 of this Code. The Mylar plat that conditions supporting the C.Recreational facilities and.US
and seconded, was adopted. and additional requirements shall original approval of the Use by including:
Effective date of said Ordinance is be recorded within one hundred Special Review (USR) plat cannot
listed below. Any backup material, twenty(120)days from the date of be met,the Board may,after a public 1.Race tracks and race courses.
exhibits or information previously the Board of County Commissioners hearing,revoke the Use by Special
submitted to the Board of County resolution. The applicant shall be Review(USR). 2.DRIVE-IN THEATERS,subjec
Commissioners concerning this responsible for paying the recording the provisions of Section 23-4-41
matter may be examined in the office fee. If a plat has not been recorded Division 5
of the Clerk to the Board of County within one hundred twenty (1201 Special Review Permits for Major 3.Golf courses.
Commissioners, located within days of the date of the approval of Facilities of Public Utility or Public
the Weld County Administration the Change of Zone(COZ),or within Agency 4. Shooting ranges, subject to
Building, 1150 0 Street, Greeley, a date specified by the Board of provisions of Section 23-4-370.
Colorado,between the hours of 8:00 County Commissioners, the Board Amend Sec. 23-2-300.
a.m. and 5:00-p.m., Monday thru may require the landowner to appear Applicability. 5.Guest.farms and hunting lodge
Friday,or may be accessed through before it and present evidence
the Weld County Web Page(www. substantiating that the COZ has A thru B-No change 6.,Fairgrounds..
co.weld.co.us). E-Mail messages not been abandoned and that the
sent to an individual Commissioner applicant possesses the willingness C. The applicant shall submit 7.PUBLIC or commercial campir
may not be included in the case file and ability to record the plat. The three (3) paper copies of the plat
To ensure inclusion of your E-Mail Board of County Commissioners for preliminary approval to the 8. RECREATIONAL FACILIT
correspondence into the case file, may extend the date for recording Department of Planning Services. such as water skiing lakes and
please Send a copy to egesick@ the plat. If the Board determines Upon approval of the paper copies, bike race courses, for exam.
co.weld.co.us. that conditions supporting the the applicantshall submita Mylarplat, that are used as public or ark.
original approval of the COZ cannot along with all other documentation COMMERCIAL RECREATIOt
ORDINANCE NO. 2012-3 be met,the Board may,after a public required as conditions of approval. FACILITIES.
hearing,revoke the COZ. The Mylar plat shall be recorded in
ORDINANCE TITLE: IN THE the office of the County Clerk and Remainder of Section-No chant
MATTER OF REPEALING Division 3 Recorder by the Department of
AND REENACTING, WITH ' Site Plan Review Planning.Services. The plat shall Division 4
AMENDMENTS, CHAPTER be prepared in accordance with the Open Mining
5 REVENUE AND FINANCE, Amend Sec.23-2-160.Application requirements of Section23-2-380 or
CHAPTER 23 ZONING, AND requirements for site plan review. 23-2-390 of this Code. The Mylar Amend Sec.23-4-250. Purpos
CHAPTER 24 SUBDIVISIONS, OF plat and additional requirements
THE WELD COUNTY CODE Any person wanting to apply for a shall be recorded within one hundred The applicant shall submit three
Site Plan Review shall arrange for a twenty (120)days from the date of paperco iesoftheplatforprelimir
EFFECTIVE DATE: May 14,2012 preapplication conference with the the Board of County Commissioners approval to the Department
Department of Planning Services. resolution. The applicant shall be Planning Services. Upon appri
BOARD OF COUNTY The purpose of the application is to responsible for paying the recording of the paper copies, the apply
COMMISSIONERS give the applicant an opportunity to fee. If a Use by Special Review shall submit a Mylar plat,along
WELD COUNTY,COLORADO demonstrate, through written and (USR) plat has not been recorded all other documentation require(
graphic Information,how the proposal within one hundred twenty (120) conditions of approval. The M
DATED: May 4,2012 complies with the standards of this days from the date of the Board of plat shall be recorded in the a
PUBLISHED: May 9, 2012, in the Chapter. The following supporting County Commissioners Resolution, of the County Clerk and Reco
Fort Lupton Press documents shall be submitted as a or within a date specified by the by the Department of Plant
part of the application: Board of County Commissioners,the Services. The plat shall be prep,
-- - - --- Board may require the landowner in accordance with the requiremi
CHANGES MADE TO CODE A thru W-No change to appear before it and present of Section 23-4-270 of this Ci
ORDINANCE#2012-3 ON FINAL evidence substantiating that the The Mylar plat and additii
READING ! X. Site Plan Review Plat: A Site Use by Special Review (USR) has - requirements shall be recor
Plan Review Plat shall be prepared not-been abandoned and that the within one hundred twenty ('
Amend the following under Sec. after a Site Plan Review application applicant possesses the willingness days from the date of the Boar
23-1-90. Definitions, to read as is approved. The applicant shall and ability to record the Use by County Commissioners resolul
follows: submit three(3)paper copies of the Special Review (USR) plat. The The applicant shall be respon(
' plat for preliminary approval to the Board of County Commissioners for paying the recording fee.
RECREATIONAL FACILITIES: The Department of Planning Services. may extend the date for recording Use by Special Review(USR)
following'classes of recreational Upon approval of the paper copies, the plat. If the Board determines has not been recorded within
facilities have the following theappllcantshallsubmita Mylar plat, that conditions supporting the hundred twenty (120) days I
meanings: along with all other documentation original approval of the Use by the-date of the Board of Col
required as conditions of approval. Special Review (USR) plat cannot Commissioners resolution,or wi
a. PUBLIC RECREATIONAL ' The Mylar plat-shall be recorded in be met,the Board may,after a public a date specified by the Boan
FACILITIES: PUBLIC parks, zoos, the office of the County Clerk and hearing, revoke the Use by Special County Commissioners, the B(
swimming pools, golf courses ' Recorder by the Department of Review(USR). may require the landowner toapl
and other such facilities owned or Planning Services. The Mylar plat - before it and present evide
operated by or under the direction of and additional requirements shall Amend Sec. 23-3-30. Accessory substantiating that the Use
a government agency or a nonprofit be recorded within one hundred uses,to add the following: Special Review(USR)has not h
corporation which fall within the twenty(120)days from the date the abandoned and that the appli'
definition of the word PUBLIC, as administrative review was signed. The following BUILDINGS, possesses the willingness
defined above. The applicant shall be responsible STRUCTURES and USES shall ability to record the Use by Sp(
for paying the recording fee. If be allowed in the A (Agricultural) Review (USR) plat. The Boar
b. PRIVATE RECREATIONAL the Site Plan Review Plat has not Zone District so long as they are County Commissioners may exl
FACILITIES: Includes golf courses, been recorded within one hundred clearly incidental and ACCESSORY the date for recording the plat. II
tennis courts; swimming pools, twenty(120)days from the date the to the Uses Allowed by Right in Board determines that condit
hunting lodges, country clubs and administrative review was signed,or the A (Agricultural) Zone District. supporting the original approvs
RECREATIONAL FACILITIES for if an applicant is unwilling or unable Such BUILDINGS, STRUCTURES theUse by Special Review (U
'fraternal organizations, all of which to meet any of the conditions within and USES must be designed, plat cannot be met,the Board r
are owned and operated by either one hundred twenty (120) days constructed' and operated in alter a public hearing, revoke
nonprofit organizations with a limited of approval, the application will conformance with the bulk Use by Special Review(USR).
membership or by private persons be forwarded to the Weld County requirements contained in Section
or organization of persons who own Code Compliance for violation. The 23-3-50 below.ACCESSORY USES
the facilities and are the only users Director of.Planning Services may within the A (Agricultural) Zone
of them. grant an extension of time,for good District shall also be subject to the
cause shown,upon a written request additional requirements contained
c. COMMERCIAL RECREATIONAL by the applicant. The plat shall meet in Articles IV and V of this Chapter.
FACILITIES: Includes bowling the following requirements: Note: The combined GROSS
alleys, health spas, swimming ' FLOOR AREA of all ACCESSORY
pools, tennis courts, miniature golf Remainder of Section-No change' BUILDINGS constructed after
I facilities and the like, operated on the original effective date of this
a commercial basis for.USE by the Division 4 Chapter (August 25, 1981) on
paying PUBLIC. Uses by Special Review LOTS in an approved or recorded
subdivision plat or LOTS part of a
Add the following under Sec. 23-1- Amend Sec.23-2-200. Intent and map or plan filed prior to adoption
90. Definitions,to read as follows: applicability. of any regulations controllin
subdivisions of less than ten (1
CAMPING: A recreational activity A thru G-No change acres shall not exceed four percen
involving the spending of up_to (4°/(,)of the total lot area,except in
seven (7) consecutive nights in a H. The applicant shall submit Regional Urbanization Areas,which
tent, primitive structure, a travel three (3)) paper copies of the plat shall adhere to RUA development
trailer or recreational vehicle at a for preliminary approval to the standards.However,in no case shall
campsite. . Department of Planning Services. such an accessory.building exceed
Upon approval of the paper copies, twice the-GROSS FLOOR AREA
FISHING:A recreational activity that theapptcantshall submit a Mylarplat, of the primary residence on the lot
involves the act,occupation,or sport along with all other documentation except by variance.Any accessory
of catching fish. required as Conditions of Approval. structure made nonconforming by
The Mylar plat shall be recorded in application of this Section may be
HwtTING:A recreational activity or the office of the County Clerk and repaired, replaced or restored in
sport of pursuing game. Recorder by the Department of total.
Planning Services. The plat shall
• WATER SKIING: An aquatic be prepared in accordance with the A thin Q-No change
recreational activity that is typically requirements of Subsection 23-2-
associated with a body of water and 260.D of this Code. The Mylar plat R.Recreational activities,including:
- e.d rennoi water and aAAiennnl renuirements shall
craft. ben�o�,„�;,a r_.......,.. .
recorded within one hundred 1.twentyHunting.(120)days from o the date of
rs
Amend Sec. fore. Application e Board hena Commissioners shall be 2.Fishing.
requirements for Change of responsible Resolution. The applicant shall be
Zone. eIf for by pedal Review
9 (USR) plat has not been recorded 4.Water skiing.
within one hundred twenty rd of
F. The "copies
shall submit three -days yfrom the date of the Board o Amend Sec.Sec.23-3-40.Uses by
(3) paper tapirs of the plat for County Commissioners Resolution, special review.
—` Count Department a t to the Wing Br rd of a my specified by the
fICE OF FINAL READING OF Seunty Upo of Planning Board Commissioners,the The S and may be
ORDINANCE p c. es, h approval plica of the Board may require the landowner STRUCTURES,o i USES may be
• paper mi copies, the lapplicant shall evidence appear ubsta a and present maintained, hei A,operated bad
eant ltoe the Weld County other a ar plat, along with all Usbysubstantiating Review
that the maintained in the'A approval
o
bl)
e Rule Charter, Ordinance onr onstPt Approval
required as Use by Special oned (USR) has Zone District upon w o
reading
ing was introduced 2 Conditions t sllpf Acordedl. The Mylar not been ass abandoned and that the requirementsa permit i a rid oce vis the
red ubli on Mngch 2 cond o t e Cl un reClerk id the oriceder applicant yoto roc s the a Usneby r hAicl and 'procedures set
a public hearing on
and second of the ety n and Planning and ability Review
record the Use by a in Article II, Division 4 of this
Mg was fiAprilnal
9, ai by the Department of e epnred r f o (USR) at. The Chapter.
bit leed and l30,reading2, Services. The plat shall requirements prepared
Board County Commissioners forcring
completed i on April2sted in accordance with the 5 C aind 2 -2- may extend the date for determines
A thru B-No change.
changes being made as listed of Subsections 23-2-50 C and 23-2- the plat. If the Board determines
NOTICE OF
SECOND READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2012-3 was introduced on
first reading on March 21, 2012, and a public hearing and second reading was held on April 9,
2012, with no change being made to the text of said Ordinance. A public hearing and third
reading is scheduled to be held in the Chambers of the Board, located within the Weld Count
Administration Building, 1150 O Street, Greeley, Colorado 80631, on April 30, 2012. All
persons in any manner interested in the next reading of said Ordinance are requested to attend
and may be heard.
Please contact the Clerk to the Board's Office at phone (970) 336-7215, Extension 4225, or fax
(970) 352-0242, prior to the day of the hearing if, as a result of a disability, you require
reasonable accommodations in order to participate in this hearing.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board
of County Commissioners, located within the Weld County Administration Building, 1150 O
Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday,
or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail
messages sent to an individual Commissioner may not be included in the case file. To ensure
inclusion of your E-Mail correspondence into the case file, please send a copy to
egesick@co.weld.co.us.
ORDINANCE NO. 2012-3
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE, CHAPTER 23 ZONING, AND
CHAPTER 24 SUBDIVISIONS, OF THE WELD COUNTY CODE
DATE OF NEXT READING: April 30, 2012, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: April 13, 2012
PUBLISHED: April 18, 2012, in the Fort Lupton Press
PROOF OF PUBLICATION
FORT LUPTON PRESS
STATE OF COLORADO
COUNTY OF WELD SS.
NOTICE OF SECOND READING
I, Allen Messick, do solemnly swear that I am the Publisher OF ORDINANCE
of the Fort Luton Press that the same is a week) Pursuant to the Weld County Home
P y Rule Charter, Ordinance Number
newspaperprinted andpublished in the County of Weld, 2012-3 was introduced on first
reading on March 21, 2012, and a
State of Colorado, and has a general circulation therein; public hearing and second reading
that said newspaper has been published continuously and was held on April 9, 2012, with nochange being made to the text of
uninterruptedly in said county of Weld for a period of more said Ordinance. A public hearing
p yand third reading is scheduled to be
than fifty-two consecutive weeks prior to the first held in the Chambers of the Board,
y located within the Weld Count
publication of the annexed legal notice or advertisement; Administration Building, 1150 O
Street, Greeley, Colorado 80631,
that said newspaper has been admitted to the United on April 30,2012. All persons in any
States mails as second-class matter under the provisions manner interested in the next reading
one i a ai e requested to
of the act of March 3, 1879, or any amendments thereof, nd the mayCle b to tare. Plebe
and that said newspaper is a weekly newspaper duly Office at phone (970) 336-7215,
Extension 4225, or fax (970) 352
qualified for publishing legal notices and advertisements '024z,prior to the day of the headng
within the meaning of the laws of the State of Colorado. it as a result of a disability, you
require reasonable eccemm lions
That the annexed legal notice or advertisement was in order to participate in this hearing.
g My backup material, exhibits or
published in the regular and entire issue of every number information rdpreviously submitted to
of PCounty Commissioners
ofof said weekly newspaper for the period of ONE examined inthis maateMecleri be
consecutive insertion(s); and that the first publication of the Board of County Commissioners,
said notice was in the issue of newspaper, dated 18th day natna�tea within the Weld Coon
of APRIL 2012, and the last on the 18th day of APRIL sheet Greeley,� Build'
Grrreeley _ ng, 1150 0
between
the hours of 8:000otoa.m. and 5:00
2012 �m.. MorMaY rrthruouFriday, or magh the y
County Web Page (ages o.weld
co.us). E-Mail messages sent to
an individual Commissioner may
18th not be included in the case file.
Publish ribed and sworn before this 18 To enwre inclusion of your E-Mail
day of APRIL correspondence into the case file,
pease send a copy to egesidc@
s& PLk/at-)
co.weld.co.us.
ORDINANCE NO. 2012-3
Notary Public. ORDINANCE TITLE: IN THE
AND MATTER OF REE ACTINGEPFA WITH
ENDMENTS,
5 M REVENUE AND FINANCE,
CHAPTER 23 ZNING, ANED
CHAPTER 24 SUBDIVISIONS, OF
THE WELD COUNTY CODE
DATE OF NEXT READING: April
OF4.'C'''' 30,2012,at 9:00 a.m.
R
`�- BOARD OF COUNTY
WECOMMISSIONERSCOUNTY, OLORADO
My Commission Expires Ex ires : 02/02/2014 PUUBLISHD: 73'2012
Fort Lupton nl 18,2012,in the
WELD COUNTY
CODE ORDINANCE 2012-3
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 5
REVENUE AND FINANCE, 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 5
REVENUE AND FINANCE
Appendix 5-D Weld County Government Fees -ATTACHED
Appendix 5-J Land Use Application Fees - ATTACHED
CHAPTER 23
ZONING
Amend Sec. Sec. 23-1-80. Implementation procedures.
A. Repeal of Previous Zoning Resolution: Applicable only to 1981 Redistricting. The
Official Weld County Zoning Resolution adopted May 29, 1961, was repealed on August 18,
1981. The Official Weld County Zoning map in hard copy is replaced with the digitized version
of this map that is maintained in joint cooperation with the Weld County Assessor's Office and
the Weld County GIS office. The digitized map is available electronically through the County
webpage and is updated periodically. The maps accompanying the repealed Official Weld
County Zoning Resolution shall be amended according to the redistricting procedures in
Subsection B below. The Weld County Flood Hazard Overlay District Zoning Maps, recorded
April 22, 1980, in Book 901, Reception Numbers 1822844 through 1822908, inclusive; and the
Geologic Hazard Area Map of Potential Ground Subsidence Areas in the County recorded
May 22, 1978, in Book 832, Reception Number 1754240, are not repealed or amended by this
Section. The repeal of the Official Weld County Zoning Resolution shall not prevent the
prosecution and punishment of any person for any violation committed prior to its repeal and
o&/7 onng?
map amendment. The repeal of the Zoning Resolution shall not affect or repeal any conditions
or standards imposed as a condition for approval of any land use decision by the Board of
County Commissioners prior to the effective date of the Zoning Ordinance codified herein and
any amendment thereto.
Amend the following under Sec. 23-1-90. Definitions, to read as follows:
ANIMAL UNIT: A term and number used to establish an equivalency for various species of
LIVESTOCK. The number of LIVESTOCK allowed by right is dependent upon bulk
requirements of the A (Agricultural), A-1 (Concentrated Animal), E (Estate) or R-1 (Low-Density
Residential) Zone District. LIVESTOCK in excess of the bulk requirements for the Agricultural
Zone District shall require a Use by Special Review Permit for a LIVESTOCK CONFINEMENT
OPERATION. In the A-1 Zone District, the applicant shall specify the maximum number of
ANIMAL UNITS and species to be associated with the Livestock Confinement Operation. All
Livestock Confinement Operations in the A-1 Zone District require a Site Plan Review and are
subject to the Site Plan Review requirements outlined in Article II, Division 3, of this Code. All
LIVESTOCK shall have the following ANIMAL UNIT equivalents and bulk requirements
contained in Tables 23.1A, 23.1 6, 23.1C and 23.1D below:
No change to the following tables:
Table 23.1A
Animal Units in the A (Agricultural)Zone District
Table 23.1B
Animal Units in the E (Estate)Zone District
Table 23.1C
Animal Units in the R-1 (Low-Density Residential) Zone District
Table 23.1D
Animal Units in the A-1 (Concentrated Animal)Zone District
Any combination of the above LIVESTOCK and their equivalents as a Use by Right shall not
exceed the maximum of four (4) ANIMAL UNITS per acre in the A (Agricultural) Zone District on
LOTS less than eighty (80) gross acres, not to exceed six (6) ANIMAL UNITS per acre on LOTS
a minimum of one-half ('/) of a Quarter Section and less than three hundred twenty (320) gross
acres, not to exceed eight (8) ANIMAL UNITS per acre on LOTS a minimum of one-half ('/) of a
Section and less than six hundred forty (640) gross acres, and not to exceed ten (10) ANIMAL
UNITS per acre on LOTS six hundred forty (640) gross acres or larger; in the A-1 (Concentrated
Animal) Zone District, ANIMAL UNITS shall not exceed the maximum of six (6) ANIMAL UNITS
per acre on LOTS a minimum of a Quarter Section and less than three hundred twenty (320)
gross acres, not to exceed eight (8) ANIMAL UNITS per acre on LOTS a minimum of one-half
('/) of a Section and less than six hundred forty (640) gross acres, and not to exceed ten (10)
ANIMAL UNITS per acre on LOTS six hundred forty (640) gross acres or larger. In the E
(Estate) Zone District, ANIMAL UNITS shall not exceed eight (8) ANIMAL UNITS per LOT. In
the R-1 (Low-Density Residential) Zone District, ANIMAL UNITS shall not exceed two (2)
ANIMAL UNITS per LOT. In determining the number of acres in a LOT for the purpose of
calculating the number of ANIMAL UNITS allowed as a Use by Right, the total number of
contiguously owned or controlled (for example, through lease, easement, or dedication) acres
shall be included. Such contiguity shall not be affected by the existence of a platted street or
alley, a public or private right-of-way, a public or private transportation right-of-way or area,
public lands, whether owned by the state, the United States, or an agency thereof, except
county-owned open space, or a lake, reservoir, stream, or other natural or artificial waterway.
LOT: The basic DEVELOPMENT unit, an area with fixed boundaries, USED or intended to be
USED by one (1) BUILDING and its ACCESSORY USES, STRUCTURES and/or BUILDINGS.
A Lot shall not be divided by any public highway, STREET or ALLEY. A LOT must meet the
requirements of the zoning district in which it is located and must have access to a PUBLIC
STREET or an approved private STREET. The determination as to the property included in a
LOT shall be made by the Department of Planning Services.
Add the following:
Sec. 23-2-180. Recession Procedures.
A. When, in the opinion of the Department of Planning Services, an applicant has not met
one (1) or more of the requirements of Subsections 23-2-160.A, through .DD, a hearing shall be
scheduled before the Board of County Commissioners.
B. The Board of County Commissioners shall hold a public hearing to consider the Site
Plan Review (SPR) application and to take final action thereon, if the Planning Staff has
determined that the application has not met the requirements of Subsections 23-2-160.A,
through .DD above. 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
Site Plan Review (SPR) application unless it finds that the applicant has not met one (1) or more
of the requirements as listed in Section 23-2-160.
C. The Department of Planning Services shall submit to the Board of County
Commissioners, for review, any map required under Section 23-2-160.W above, which does not
comply with the approved Site Plan Review (SPR).
D. The Department of Planning Services shall submit maps of approved actions, required in
Section 23-2-160.W above, to the County Clerk and Recorder for recording
E. A resolution setting forth the decision of the Board of County Commissioners shall be
drafted and signed. A record of such action and a copy of the resolution will be kept in the files
of the Clerk to the Board, and the Board of County Commissioners shall arrange for the County
Clerk and Recorder's office to record the resolution. The Board of County Commissioners shall
also authorize the Chairman to sign the map required in Section 23-2-160.W
Amend Sec. 23-4-190. Temporary accessory use as office, as follows:
A. A zoning permit for the USE of one (1) MANUFACTURED STRUCTURE in the
A (Agricultural) Zone District as an OFFICE USE accessory to the USE allowed by right may be
permitted upon a determination by the Department of Planning Services that:
1 and 2 - No change.
3. Adequate water and sewage disposal facilities can be made available to the
MANUFACTURED STRUCTURE.
4 and 5 - No change.
A zoning permit shall not be required for a MANUFACTURED STRUCTURE in the
A (Agricultural) Zone District if such information is already reflected in an approved Site Plan
Review or Special Use Permit, as determined by the Planner.
B. The Department of Planning Services shall make its determination on the basis of a
signed statement by the applicant that the conditions of Paragraphs A.1 through A.5 above are
met, upon information contained in the application, and upon independent evidence as may be
available or which the staff may reasonably require.
C. A zoning permit for a MANUFACTURED STRUCTURE used as an accessory OFFICE
unit in the A (Agricultural) Zone District may be issued by the Department of Planning Services
upon a determination that the criteria of Paragraphs A.1 through A.5 above and Section 23-4-
230 below are met. If the applicant is not able to meet the criteria stated in Paragraphs A.1
through A.5 above, the zoning permit may be issued only upon the approval by the Board of
County Commissioners. The Board shall review the application for compliance with the criteria
set out in Paragraphs A.1 through A.5 above at a regularly scheduled meeting of the Board.
The Board of County Commissioners shall give notice of the application for a zoning permit and
the meeting date to those persons listed in the application as owners of property located within
five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first-
class, not less than ten (10) days before the scheduled meeting. Such notice is not required by
state statute and is provided as a courtesy to surrounding property owners (the surface estate).
Inadvertent errors by the applicant in supplying such list or the Department of Planning Services
in sending such notice shall not create a jurisdictional defect in the permit process, even if such
error results in the failure of a surrounding property owner to receive such notification. The
Department of Planning Services shall post a sign for the applicant on the property in question
indicating that a MANUFACTURED STRUCTURE has been requested for the property, the
meeting date and telephone number where further information may be obtained. The sign shall
be posted at least ten (10) days prior to the meeting date and evidenced with a photograph.
The Board of County Commissioners shall consider any testimony of surrounding property
owners concerning the effects of the MANUFACTURED STRUCTURE on the surrounding
properties. In addition, the Board shall consider compatibility of the MANUFACTURED
STRUCTURE with the surrounding area, harmony with the character of the NEIGHBORHOOD,
its effects upon the immediate area, and the general health, safety and welfare of the
inhabitants of the area and the COUNTY.
D. All MANUFACTURED STRUCTURES used as ACCESSORY OFFICE USES to the
principal USE in the A (Agricultural) Zone District are TEMPORARY and subject to the
requirements for MOBILE HOMES as stated in Article III, Division 3, and Article III, Division 4 of
this Chapter. The MANUFACTURED STRUCTURE shall be removed from the property upon
the cessation of the USE of the MANUFACTURED STRUCTURE as an ACCESSORY OFFICE
USE to the business, commercial, or industrial activity. The six-month limitation for this
TEMPORARY use may be extended in six-month increments at the discretion of the Director of
Planning Services up to two (2) times, and thereafter by the Board of County Commissioners.
CHAPTER 24
SUBDIVISIONS
Amend the following under Sec. 24-1-40. Definitions.
Subdivision or subdivided land: Any parcel of land in the County which is to be used for
condominiums, apartments or any other multiple-dwelling units, unless such land when
previously subdivided was accompanied by a filing which complied with these provisions and
with substantially the same density, or which is divided into two (2) or more parcels, separate
interests or interests in common, unless exempted under the following subsections. Interests
shall include any and all interests in the surface of land but exclude any and all subsurface
interests. Unless the method of disposition of property is adopted for the purpose of evading
these subdivision regulations set forth in this Chapter 24, the terms "subdivision" and
"subdivided land' shall not apply to any division of land:
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.
NOTICE
PURSUANT to the Weld County Home Rule Charter, Ordinance Number 2012-3 published
above, was introduced and, on motion duly made and seconded, approved upon first reading on
March 21, 2012. A public hearing and second reading is scheduled to be held in the Chambers
of the Board, located within the Weld County Administration Building, 1150 O Street, Greeley,
Colorado 80631, on April 9, 2012. All persons in any manner interested in the reading of said
Ordinance are requested to attend and may be heard.
Please contact the Clerk to the Board's office at phone (970) 336-7215, Extension 4225, or fax
(970) 352-0242, prior to the day of the hearing if, as the result of a disability, you require
reasonable accommodations in order to participate in this hearing.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board
of County Commissioners, located within the Weld County Administration Building, 1150 O
Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday,
or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail
messages sent to an individual Commissioner may not be included in the case file. To ensure
inclusion of your E-Mail correspondence into the case file, please send a copy to
egesick@co.weld.co.us.
SECOND READING: April 9, 2012, at 9:00 a.m.
THIRD READING: April 30, 2012, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: March 23, 2012
PUBLISHED: March 28, 2012, in the Fort Lupton Press
of Weld,including the codification of Any combination of the above
all previously adopted ordinances LIVESTOCK and their equivalents '
• of a general and permanent nature as a Use by Right shall not
enacted on or before said date of ! exceed the maximum of four (4)
' adoption,and ANIMAL UNITS per acre in the A
(Agricultural)Zone District on LOTS
WHEREAS. the Weld County Code less than eighty 80) gross acres.
PROOF OF PUBLICATION is in need of revision and clarification not to exceed six( )ANMAL UNITS
with regard to procedures. terms, per acre on LOTS a minimum of
FORT LUPTON PRESS I and requirements therein. one-half ('5) of a Quarter Section
and less than three hundred twenty
STATE OF COLORADO I NOW, THEREFORE, BE IT (320) gross acres not to exceed
' ORDAINED by the Board of County eight(8)ANIMAL UNITS per acre on
COUNTY OF WELD SS. . Commissioners of the County of LOTS a minimum of one-half(Y)of
Weld,State of Colorado,that certain a Section and less than six hundred
existing Chapters of the Weld County forty (640) gross acres, and not to
Code be. and hereby are, repealed exceed ten (10) ANIMAL UNITS
I, Allen Messick, do solemnly swear that I am the Publisher and re-enacted, with amendments, per acre on LOTS six hundred
and the various Chapters are revised forty (640) gross acres or larger,
of the Fort Lupton Press that the same is a weekly to read as follows. in the A-1 (Concentrated Animal)
newspaperprinted andpublished in the County of Weld, Zone District,ANIMAL UNITS shall
CHAPTER not exceed the maximum of six(6)
State of Colorado, and has a general circulation therein; REVENUE AND FINANCE ANIMAL UNITS per acre on LOT
that said newspaper has beenpublished continuously and a and le thanm of r Section
Appendix 5-D Weld County less three hundred twenty
uninterru tedl in county of Weld for period of Government Fees-ATTACHED - (320) gross acres, not to exceed
P Y said a more Appendix 5-J Land Use Application eight(8)ANIMAL UNITS per acre on
than fifty-two consecutive weeks prior to the first Fees-ATTACHED LOTS a minimum of one-half(%)of
publication of the annexed legal notice or advertisement; CHAPTER 23 forrtty(640and
e olss acres,sandunoi o
that said newspaper has been admitted to the United ZONING exceed ten �o) ANIMAL UNITS
per acre on LOTS six hundred forty
States mails as second-class matter under the provisions ' Amend Sec.Sec.23-1-80. (640)gross acres or larger. In the
Implementation procedures. E (Estate) Zone District, ANIMAL
of the act of March 3, 1879, or any amendments thereof, UNITS shall not exceed eight (8)
and that said newspaper is a weekly newspaper A. Repeal of Previous Zoning ANIMAL UNITS per LOT. In the
duly Resolution: Applicable only to 1981 R-1 (Low-Density Residential)Zone
qualified for publishing legal notices and advertisements ' Redistricting. The Official Weld District, ANIMAL UNITS shall not
County Zoning Resolution adopted exceed two(2)ANIMAL UNITS per
within the meaning of the laws of the State of Colorado. May 29, 1961, was repealed on LOT. In determining the number of
That the annexed legal notice or advertisement was August 18, 1981. The Official Weld acres in a LOT for the purpose of
g County Zoning map in hard copy is calculating the number of ANIMAL
published in the regular and entire issue of every number replaced with the digitized version of UNITS allowed as a Use by Right,
this map that is maintained in joint the total number of contiguously
of said weekly newspaper for the period of ONE cooperation with the Weld County owned or controlled (for example,
consecutive insertion (s); and that the first publication of Assessor's Office and the Weld through lease, easement, or
County GIS office. The digitized dedication)acres shall be included.
said notice was in the issue of newspaper, dated 28th day map is available electronically Such contiguity shall not be affected
through the County webpage and by the existence of a platted street or
/of MARCH 2012, atd the last on the 28th day of MARCH is updated periodically. The maps alley,a public or private right-of-way,
2012 accompanying the repealed Official a public or private transportation
.- Weld County Zoning Resolution right-of-way or area, public lands, I
shall be amended according to whether owned by the state, the
---- - ' the redistricting procedures in United States,or an agency thereof,-- Subsection B below. The Weld except county-owned open space,
th County Flood Hazard Overlay or a lake,reservoir,stream,or other
Pub her,. ubscribed and sworn before me, this 28 District Zoning Maps,recorded April natural or artificial waterway.
day of MARCH 2012 22. 1980, in Book 901, Reception
Numbers 1822844 through 1822908, LOT: The basic DEVELOPMENT
inclusive; and the Geologic Hazard unit, an area with fixed boundaries,
)6641H-
/ 1 [ -el-, 1 Area Map of Potential Ground USED or intended to be
/h,C LLLkkk P` J Subsidence Areas in the County USED by one (1) BUILDING
Notary-Public.Public. recorded May 22, 1978, in Book and its ACCESSORY USES,
rY 832, Reception Number 1754240, STRUCTURES and/or BUILDINGS.
x- t are not repealed or amended by this A Lot shall not be divided by any
/ Section. The repeal of the Official public highway, STREET or ALLEY
Weld County Zoning Resolution A LOT must meet the requirements
/ / ` •I shall not prevent the prosecution of the zoning district in which it is
and punishment of any person for located and must have access to a
` l — any violation committed prior to its PUBLIC STREET or an approved
repeal and map amendment. The private STREET. The determination
repeal of the Zoning Resolution shall as to the property included in a LOT
\\\ not affect or repeal any conditions or shall be made by the Department of
Y y• standards imposed as a condition for Planning Services.
Ot_c• 1 approval of any land use decision by
�^ the Board of County Commissioners Add the following:
prior to the effective date of the-
My Commission Expires : 02/02/2014' Zoning Ordinance codified e herein Sec.23-2-180. Recession
and any amendment Sec. ures.
Amend the following under Sec. A. When, in the opinion of the
23-1-90. Definitions,to read as Department of Planning Services,an
follows: applicant has not met one(1)or more
of the requirements of Subsections
ANIMAL UNIT: A term and number 23-2-160.A, through .DD, a hearing
used to establish an equivalency shalt be scheduled before the Board
for various species of LIVESTOCK. of County Commissioners.
The number of LIVESTOCK allowed
by right is dependent upon bulk B. The Board of County
requirements of the A(A ricultural), Commissioners shall hold a public
A-I(ConcentratedAnimal ,E(Estate) hearing to consider the Site Plan
or R-1 (Low-Density esidential) Review (SPR) application and to
Zone District. LIVESTOCK in take final action thereon, if the
excess of the bulk requirements Planning Staff has determined that
for the Agricultural Zone District the application has not met the
shall require a Use by Special requirements of Subsections 23-
Review Permit for a LIVESTOCK 2-160.A, through .DD above. The
CONFINEMENT OPERATION. In Board of County Commissioners'
the A-1 Zone District, the applicant decision shall consider the
shall specify the maximum number recommendation of the Planning
of ANIMAL UNITS and species to Staff, referral agency responses,
be associated with the Livestock the application case file, and facts Confinement Operation All presented at the public hearing. The
WELD COUNTY Livestock Confinement Operations Board of County Commissioners
CODE ORDINANCE 2012- in the A-1 Zone District require a shall approve the Site Plan Review
IN THE MATTER OF'REPEALING Site Plan Review and are subject to (SPR)application unless it finds that
AND REENACTING, WITH the Site Plan Review requirements the applicant has not met one(1)or
AMENDMENTS, CHAPTER outlined in Article II, Division 3, of I more of the requirements as listed in
this Code. All LIVESTOCK shall Section 23-2-160.
5. REVENUE AND FINANCE, have the following ANIMAL UNIT
CHAPTER 23 ZONING, AND equivalents and bulk requirements C. The Department of Planning
CHAPTER 24 SUBDIVISIONS,OF contained in Tables 23.1A, 23.1 B. Services shall submit to the Board of
THE WELD COUNTY CODE 23.1C and 23.1D below: County Commissioners, for review,
• any map required under Section
BE IT ORDAINED BY THE BOARD No change to the following tables: 23-2-160.W above, which does not
OF COUNTY COMMISSIONERS comply with the approved Site Plan
OF THE COUNTY OF WELD, Table 23.1A Review(SPR).
STATE OF COLORADO: • Animal Units in the A
WHEREAS, the Board of County (Agricultural)Zone District D. The Department of Planning
Services shall submit maps of
Commissioners of the County of' Table 23.1B ' approved actions, required in
Weld, State of Colorado, pursuant Animal Units in the E(Estate) Section 23-2-160.W above, to the
to Colorado statute and the Weld Zone District County Clerk and Recorder for
County Home Rule Charter,is vested recording
with the authority of administering Table 23.1C
the affairs of Weld COUnty,Colorado, Animal Units in the R-1(Low- E. A resolution setting forth the
and Density Residential)Zone District decision of the Board of County
Commissioners shall be drafted
WHEREAS, the Board of County Table 23.10 and signed. A record of such action
Commissioners, on December 28, Animal Units In the A-1 and a copy of the resolution will be
Commissioners shall arrange for 336-7215. Extension 4225, or fax
(970) 352-0242, p
the County Clerk and Recorder's prior to the day
office to record the resolution- The of the hearing if as the result of a
Board of County Commissioners dis.,blh you require reasonable
fy
shall also authorize the Chairman aorommodations in order to
to sign the map required in Section • panicipete •
i tIn this hearing.
23-2-160.W
Article ID, Divislen 3 and Article Any backup material, exhibits or i
Amend Sec.234-190. Temporary III, Division 4 of this r. The informatinn previously submitted to
accessory use as office, as MANUFAC� UCTURE the Board of Count Commissioners
follows: shall be tit►
upon (Octant' concerning this matter may be I
(g�) M yowl
the T cif Eofthe examined in the office of the Clerk to
A. A zonln permit for the USE ` CTURE the Board of County Commissioners.
of one RE MANUFACTURED ,as an ACt.3ESSORy. OFFICE USE located within the Weld County
STRUCTU E in the A(Agricultural)
'to the bu (dal or Administration Building 1150 -O
Zone District as an OFFICE USE ,industrial a The six-month Street, Greeley Colorado between
accessory to the USE allowed by limitation for ' TEMPORARY the hours of 8:00 a m and 5.0C
use may be extended In six-month p.in., Mmdey lieu Friday. or may
right may be permitted upon a
determination by the Department of (increments at the discretion of the b: accessed through the Weld
Planning Services that: (Director of Planning Services up to County Web Page (www.co.weld.
two(2)times,and ihenaafter by the co us). E-Mail messages sent to I
1 and 2-No change. Board of County Commissioners. an Individual Commissioner may
3- Adequate water and sews a CHAPTER 24 not 7e included in the case file. To
0 ensure inclusion of your E-Mail
disposal facilities can be made SUBDIVISIONS • - correspondence into the case file,
available to the MANUFACTURED please send a copy to egesick@
STRUCTURE. Amend the following under Sec. co.weld.co.us.
24-140. Definitions.
4 and 5-No change. Subdivision ar.gubd(vided land:Any SECOND READING: April 9,2012,
parcel of land in the County which at 9.00 a rn.
A zoning permit shall not be .15 to be used for condominiums, THIRD READING: April 30, 2012,
required for a MANUFACTURED aparbnents or any, other multiple- at 9:00 a.m.
STRUCTURE in the A(Agricultural) dwelling:units, unless such land
Zone District if such information is when previously subdivided was BOARD OF COUNTY
already reflected in an approved Site accompanied--by' a filing which COMMISSIONERS I
Plan Review or Special Use Permit, complied with these.provisionsand WELD COUNTY,COLORADO
as determined by the Planner. with subsfanaaby,the same density,
Cot:-which e.dM®ed'into two(2)or DATED: March 23,2012
more ripepselst -Separate Interests PUBLISHED: March 28, 2012, in
B. The Department of Planning
Services shat make its determination or art �r'sTYlr'tom
on the basis of a signed statement exempted 'under the following I
subaec by the applicant that the conditions sarha:-'Interests shall include
of Paragraphs A.1 through A.5 any and all'interests in the surface
above are met, upon information of land but exclude anyy and all
contained in the application, and rsuubsurtace interests. unless the
upon independent evidence as may !method of disposition of is
adopted for the purpose-
be available or which the staff may of evading_
reasonably require. these subdivision regulations
Ch see
forth in this o ter 24, time.terms
C. A zoning permit for a ?subdivision' and subdivided land'
MANUFACTURED STRUCTURE tpyhhmetyl not apply to any division of
used as an accessory OFFICE ant
' unit in the A (Agricultural) Zone -
District may be issued y the Remainder of Section-No change.
Department of Planning Services
upon a determination that the SE IT FURTHER ORDAINED by the
" criteria of Paragraphs A.1 through Board that the Clerk to the Board be,
A.5 above and Section 23-4-230 and hereby is, directed to arrange
below are met. If the applicant is .for Colorado Code Publishing W
not able to meet the criteria stated in ale-
the Weld County Code
ned
Paragraphs A.1 through A.5 above, the amendments
the zoning permit may be issued to Coincide With c, divisions, sections, end
of County Commissioners. The as they currently exist
Board shall review the application Coda; and to.restive
for compliance with the criteria set arw inconsistencies regarding
out in Paragraphs A.1 through A.5 ,capitalization,•
ogrammar, and
above at a regularly scheduled numbering or placement cif chapters
meeting of the Board. The Board :articles, divisions sections, and
of County Commissioners shall give :subsections in said Code.
notice of the application for a zoning
permit and the meeting date to those :MIT FURTHER ORDAINED
persons listed in the application as the Board if any section.subsection,
owners of property located within polygraph sentence, clause, or
five hundred (500) feet of the phrase of this Ordinance is for
any Mason held or decided
parcel under consideration. Such to be'
notification shall be mailed, first- Unconstitutional,such dedsionshell
class, not less than ten (10) days not affect the validity of the remaining
before the scheduled meeting. portions hereof. The Board oT
Such notice is not required by state County Commissioners hereby
statute and is provided as a courtesy declares that it would have enacted
'to surrounding property owners(the this Ordinance in each and every
surface estate). Inadvertent errors section, subsection, paragraph,
by the applicant in suppling such sentence,clause,and phrase thereof
list or the Department ofy Planning 'irrespective of the fact that any one
Services in sending such notice shall or, more sections, subsections,
not create a jurisdictional defect in Paagraphs, sentences, clauses,
the permit process,even if such error or phrases might be declared to be
results in the failure of a surrounding unconstitutional or invalid.
property owner to receive such
notification. The Department of NOTICE•Planning Services shall post a sign
for the applicant on the property PURSUANT to the Weld County
in question indicating that a Nome Rule Charter, Ordinance
MANUFACTURED STRUCTURE Number 2012-3 published above,
has been requested for the property, was introduced and,on motion duly
the meeting date and telephone made and seconded, approved
number where further informationupon first reading on March 21,
may be obtained. The sign shall be 2012. A public hearing and second
posted at least ten(10)days prior to reading ms -scheduled to be held
the meeting date and evidenced with in the Chambers of the Board,
a photograph. The Board of County located within the Weld County
Commissioners shall consider 'Administration Building, 1150 O
any testimony of surrounding Street,_Greeley, Colorado 80631,
property owners concerning the on April 9,2012 All persons in any
effects of the MANUFACTURED manner Interested in the reading
of said Ordinance are requested to
STRUCTURE on the surrounding
properties. In addition the Board attend and may be heard.
' shall consider compatibility of the
MANUFACTURED STRUCTURE Please contact the Clerk to the
with the surrounding area, Board's office at. phone (970)
harmony with the character of
the NEIGHBORHOOD, its effects
upon the immediate area, and the
general health,safety and welfare of
the inhabitants of the area and the
' COUNTY
D. All MANUFACTURED
I STRUCTURES used as
ACCESSORY OFFICE USES to the
principal USE in the A(Agricultural)
Zone District are TEMPORARY
and subject to the requirements
for MOBILE HOMES as stated in
• NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be
held before the Weld County Planning Commission and the Board of County Commissioners in the Hearing Room,
Weld County Administration Building, 1150 O Street, Greeley, Colorado, at the times specified below. A Second
and Third reading of said Ordinance will be considered on April 9, 2012, and April 30, 2012.
The complete case file may be examined by calling the Department of Planning Services at (970)
353-6100 to make arrangements with the case planner, or at the office of the Clerk to the Board of
County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631.
E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure
inclusion of your E-Mail correspondence into the case file prior to the Planning Commission hearing,
please call the Department of Planning Services to obtain the appropriate contact information. For
inclusion of any correspondence prior to the Board of Commissioners hearing E-mail
egesisk@co.weId.co.us.
If a court reporter is desired for either hearing, please advise the Department of Planning
Services or the Clerk to the Board's Office, in writing, at least five days prior to the hearing. The cost of
engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with
Disabilities Act, if special accommodations are required in order for you to participate in this hearing,
please contact the Department of Planning Services at (970) 353-6100 Ext. 3519, or the Clerk to the
Board's Office at (970) 336-7215, Ext. 4226, prior to the day of the hearing. All cases scheduled before
the Planning Commission or Board of County Commissioners are subject to continuance, due to lack of
quorum or otherwise. Contact the Department of Planning Services or the Clerk to the Board's Office at
the numbers above, for hearing continuance information.
DOCKET#: 2012-22
PLANNING COMMISSION DATE: March 6, 2012
TIME: 1:30 p.m.
BOARD OF COMMISSIONERS DATE: March 21, 2012
• TIME: 9:00 a.m.
PLANNER: Tom Parko
REQUEST: Weld County Code Ordinance#2012-3, In the Matter of Repealing and Re-Enacting, with
Amendments, Chapter 5 Revenue and Finance, Chapter 23 Zoning and Chapter 24 Subdivisions, of the
Weld County Code.
PLANNING COMMISSION
WELD COUNTY, COLORADO
DATED: February 17, 2012
PUBLISHED: February 22, 2012, in the Ft. Lupton Press
S
2012-0782
PROOF OF PUBLICATION
FORT LUPTON PRESS
STATE OF COLORADO
COUNTY OF WELD SS.
I, Allen Messick, do solemnly swear that I am the Publisher
of the Fort Lupton Press that the same is a weekly NOTICE -
Pursuant to the zoning laws of the
State of Colorado and the Weld
newspaper printed and published in the County of Weld, County Code, a public hearing will
be held before the Weld County '
State of Colorado, and has a general circulation therein; Planning Commission and the I
Board of County Commissioners'
that said newspaper has been published continuously and in the Hearing Room,Weld Count
uninterruptedly in said count of Weld for aperiod of more Administration Building, 1150
P Y YStreet, Greeley, Colorado, at the '
than fifty-two consecutive weeksprior to the first times specified below. A Second
Y and Third reading of said Ordinance
publication of the annexed legal notice or advertisement; will be April 30, .consider
d on April 9,2012,
and
that said newspaper has been admitted to the United The complete case file may be
States mails as second-class matter under the provisions examined fPlanning
by Services
the (970rtm53-
of Planing Servicet at (9 70) Sent
of the act of March 3, 1879, or any amendments thereof, the ca00 se planned or at the Kcwith
and that said newspaper is a weekly newspaper duly the Clerk to the Board of County
Commissioners, Weld County
qualified for publishing legal notices and advertisements Administration Building, 1150
Street, Greeley, Colorado 80631.
within the meaning of the laws of the State of Colorado. E-Mail messagessenttoanindividual
That the annexed legal notice or advertisement was included
in�the casenfile.To ensure miioer may not s inclusion
published in the regular and entire issue of every number of your E-Mail correspondence into
the case file prior to the Planning
of said weekly newspaper for the period of ONE Comcall mission easing please of
consecutive insertion(s); and that the first publication of Services to obtain the appropriate
said notice was in the issue of newspaper, dated 22nd fanycorinforespondence
erlus Inclusion
contact a correlation.For vier to
day of FEBRUARY 2012 and the last on the 22nd day of hearing E-mail Commissioners
FEBRUARY 2012 co-us.
If a court reporter is desired for
either hearing, please advise the
% _ papartrnent of Planning Services
or the Clerk to the Board=s Office,
in writing,at least five days prior to
Publisher, S r' ed and sworn before me, ' nd the hearing. The cost of engaging
a court reporter shall be borne by
day of FEBRUARY 201 " the requesting.party. In accordance
/ with the Americans with Disabilities
�� Act, If special accommodations are
' (/ � i in this in ng p to participatethe
r1' in this hearing, please contact the
Ub ic. Department of Planning Services
O t I_ at(970)353 6100 Ext.3519,or the
Q.
, Clerk to the Board's Office at(970)
C 336-7215,Ext.4226,prior to the day
1 r. j of the hearing. All cases scheduled
"I ' S before the Planning Commission or
A P. ) Board of County Commissioners are
.• subject to continuance, due to lack
V `,. • I j of quorum or otherwise. Contact the
t /GJ Department of Planning Services
hi.: p-. / Q or the Clerk to the Board=s Office
9j _f Q r at the numbers above, for hearing
C O/ continuance information.
O C O\-- DOCKET#:2012-22
PLANNING COMMISSION DATE:
March 6,2012
0
:30
My Commission Expires : 02/02/2014 TIME:AR OFm COMMISSIONERS
DATE:March 21,2012
TIME: 9:00 a.m.
PLANNER:Tom Park)
REQUEST: Weld County Code
Ordinance #2012-3, In the Matter
of Repealing and Re-Enacting,With
Amendments, Chapter 5 Revenue
and Finance Chapter 23 Zoning
and Chapter 24 Subdivisions,of the
Weld County Code.
PLANNING COMMISSION
WELD COUNTY,COLORADO
DATED:February 17,2012
PUBLISHED:February 22,2012,in
the FL Lupton Press
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