The URL can be used to link to this page

Browse Search

Home My WebLink About20122131.tiff . s"- 4 / ;LCD F- /j- 20/ J 6-,Zi -O261 /02 WELD COUNTY CODE ORDINANCE 2012-4 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 20 IMPACT FEES, CHAPTER 23 ZONING, AND CHAPTER 29 BUILDING REGULATIONS, 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of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows.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 20 IMPACT FEES RATIONALE FOR MODIFICATION: Exempt first responder development from impact fee assessments. Amend Sec. 20-1-50. Definitions. Grange hall means a structure, located in a rural location, whose primary use is to provide a meeting location for agricultural advocacy groups. Institutional/quasi-public means a governmental, quasi-public or institutional use or a nonprofit recreational use not located in a shopping center. Typical uses include elementary, secondary or higher educational establishments, day care centers, hospitals, mental institutions, nursing homes, assisted living facilities, city halls, county court houses, post offices, jails, libraries, museums, places of religious worship, military bases, airports, bus stations, fraternal lodges, parks and playgrounds. PAGE 1 2012-2131 ORD2012-4 Amend Sec. 20-1-70. Exemptions. The following shall be exempt from the terms of this Chapter. An exemption must be claimed by the fee payer at the time of issuance of a building permit. The Director shall determine the validity of any claim for exemption. A thru C - No change. D. Any development associated with tax-payer supported emergency services such as fire, police, or ambulance stations. E. The replacement of an existing dwelling for which the applicant/owner can provide adequate documentation that the dwelling has been occupied continuously for the immediate previous six (6) months. F. Grange hall. CHAPTER 23 ZONING RATIONALE FOR MODIFICATION: Proposed Code change helps to clarify certain uses allowed by right in the Agricultural Zone District. This code change specifically helps to clarify that water skiing is a use by right as long as it's not utilized by the paying public or determined to be a Commercial Recreational Facility. Amend Sec. 23-1-90. Definitions. 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. b. PRIVATE RECREATIONAL FACILITIES: Includes golf courses, tennis courts, swimming pools, country clubs and RECREATIONAL FACILITIES for fraternal organizations, all of which are owned and operated by either nonprofit organizations with a limited membership or by private 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 or lakes upon which water skiing occurs, and operated on a commercial basis for USE by the paying public. d. WATER SKIING: An aquatic recreational activity that is typically associated with a body of water and a motorboat, and personal water craft. PAGE 2 2012-2131 ORD2012-4 RATIONALE FOR MODIFICATION: Proposed Code change helps to clarify the application process and requirements should the Director of Planning Services determine that a Minor Amendment requires Board of County Commissioner's action. Amend Sec. 23-2-285. Minor amendments. A. Minor amendments to any approved Use by Special Review and Site Specific Development Plan may be approved, approved with conditions, or denied administratively by the Planning Services Director and may be authorized without additional public hearings. Such minor amendments may be authorized by the Planning Services Director as long as the development application, as amended, continues to comply with these standards and regulations, at least to the extent of its original compliance. The Planning Services Director's approval must be in writing. The decision of the Planning Services Director may be appealed to the Board of Adjustment pursuant to Article VI of this Chapter. Alternatively, the Planning Services Director may refer applications for Minor Amendments to the Planning Commission and Board of County Commissioners for consideration and a final decision after a public hearing process pursuant to Subsection D of this Section 23-2-285. B. All applications will have finding of fact prepared by staff for a Minor Amendment and may require a preapplication meeting. Following submittal of a complete application, staff will mail via first class post card to neighbors within 500 feet of the property with a description of the proposed amendment. In addition, staff shall publish notice of the Minor Amendment application in a newspaper of general circulation describing the property and the proposed amendment. Neighbors will have thirty (30) days to respond. The fee for a minor amendment is listed in the fee schedule, as amended. The fee for a minor amendment is listed in the fee schedule, as amended. C - No change. D. The Planning Services Director may determine through the course of referral comments and public feedback that a Minor Amendment no longer meets the review criteria found above and can refer the application to the Planning Commission and the Board of County Commissioners for a public hearing on the matter.. The following will apply: 1. Sign Posting. The Department of Planning Services will be responsible for providing and posting a sign on the property under consideration in a location readily visible from the adjacent publically maintained roadways. The sign will be posted at least ten (10) days preceding the hearing date for the Planning Commission hearing. In the event the property under consideration is not adjacent to a publicly maintained road right-of-way, a second sign at the point at which the driveway (access drive) intersects a publicly maintained road right-of- way will be posted. The sign posting will be evidenced with a photograph and affidavit. 2. Property Owner Notification: The Department of Planning Services will be responsible for providing a surrounding property owners certification for properties listed within 500 feet of the subject property and sending out PAGE 3 2012-2131 ORD2012-4 notification of hearing via first class mail at least 10 days preceding the hearing date before the Planning Commissioners hearing. 3. Notice of hearing shall be published in a paper of general circulation at least ten (10) days prior to a hearing. 4. Duties of Planning Commission: The Planning Commission shall hold a public hearing on Minor Amendment applications referred by the Planning Services Director. The Planning Commission shall provide recommendations to the Board of County Commissioners concerning the disposition of the requested Minor Amendment. The Planning Commission shall approve the request for the Minor Amendment only if it finds that the applicant has met the standards or conditions of Subsection C of this Section 23-2-285. At such hearing, the applicant has the burden of proof to demonstrate that the standards or conditions of Subsection C of this Section 23-2-285 are met. a. The Secretary of the Planning Commission shall forward the official recommendation of the Planning commission and the information contained in the official record, which includes the Department of Planning Services case file, to the Clerk to the Board within ten (10) days after said recommendation has been made. b. If the Planning Commission recommendation is conditional upon the applicant completing certain specified items prior to the publication of the notice for the hearing by the Board of County Commissioners, the ten-day period shall commence upon the submission of the items by the applicant to the Department of Planning Services. 5. Duties of Board of County Commissioners: The Board of County Commissioners shall set a date to hold a public hearing to take place not more than forty-five (45) days after receipt of the Planning Commission to consider the Minor Amendment application and to take final action thereon. At such hearing, the Board of County Commissioners shall consider the recommendation of the Planning Commission, and from the facts presented at the public hearing and the information contained in the official record which includes the Department of Planning Services case file, the Board of County Commissioners shall approve the request for the Minor Amendment only if it finds that the applicant has met the standards or conditions of Subsection C of this Section 23-2-285. At such hearing, the applicant has the burden of proof to demonstrate that the standards or conditions of Subsection C of this Section 23-2-285 are met. a. Where reasonable methods or techniques are available to mitigate any negative impacts which could be generated by the proposed USE upon the surrounding area, the Board of County Commissioners may condition the decision to approve the Minor Amendment upon implementation of such methods or techniques and may require sufficient performance guarantees to be posted with the COUNTY to guarantee such implementation. PAGE 4 2012-2131 ORD2012-4 b. Upon the Board of County Commissioners making its final decision, a resolution setting forth that decision will 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. c. If the Minor Amendment is approved, the Board of County Commissioners shall arrange for the Department of Planning Services to record the Special Review Permit Plan map with the County Clerk and Recorder. E thru G - No change. H. Investigation Fee. An additional fifty percent (50%) of the permit fee shall be added to the cost of the Minor Amendment Special Review permit application fee when the use is started without a Minor Amendment Special Review permit. The payment of the investigation fee shall not relieve any persons from fully complying with the requirements of this Chapter, nor from any other penalties. Renumber subsequent paragraphs. CHAPTER 29 BUILDING REGULATIONS RATIONALE FOR MODIFICATION: Code change deals with large above-ground storage tanks associated with the oil and gas operations. Building permits shall not be required to obtain a building permit as long as the operator can provide evidence that the tanks are designed by a professional engineer. Amend Sec. 29-3-20. Exemptions. A. Exemptions from the permit requirement of this Building Code shall not be deemed to grant authorization for any work to be done in any manner in violation of any of the provisions of this Code, any laws of the State or other resolutions or ordinances of the County. Unless otherwise exempted by this Chapter, separate plumbing, electrical and mechanical permits will be required for the items listed below. B. A building permit shall not be required for: 1 thru 17 - No change. 18. Open top, above grade water storage tanks used in the oil and gas industry. For this exemption to take effect, the following requirements must be satisfied: a. The tanks shall be designed by a registered, professional engineer or other certifying body, approved by County, to be compatible with the use. b. The party seeking the exemption must enter into an agreement with the Board of County Commissioners. 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 PAGE 5 2012-2131 ORD2012-4 the amendments contained herein, to coincide with chapters, articles, divisions, sections, and sub sections 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 sub-sections in said Code. BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. The above and foregoing Ordinance Number 2012-4 was, on motion duly made and seconded, adopted by the following vote on the 5th day of September, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Sean P. Conway, Chair Weld County Clerk to the Board William F. Garcia, Pro-Tem BY: Deputy Clerk to the Board Barbara Kirkmeyer APPROVED AS TO FORM: David E. Long County Attorney Douglas Rademacher PAGE 6 2012-2131 ORD2012-4 Publication: June 20, 2012 First Reading: July 23, 2012 Publication: August 1, 2012, in the Fort Lupton Press Second Reading: August 13, 2012 Con't to: September 5, 2012 Publication: September 12, 2012, in the Fort Lupton Press Final Reading: September 24, 2012 Publication: October 3, 2012, in the Fort Lupton Press Effective: October 8, 2012 PAGE 7 2012-2131 ORD2012-4 Hello