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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and hereby are, repealed and re-enacted, with amendments, and the various Chapters are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 structures 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,
I nursing homes, assisted living facilities, fire stations, city halls, county court houses, post
offices, jails, libraries, museums, places of religious worship, military bases, airports, bus
stations, fraternal lodges, parks and playgrounds.
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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.
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 which fall within the definition
of the word PUBLIC, as defined above.
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 occursand the like, and operated on a commercial basis for USE by
the paying PUBLIC public.
d. WATER SKIING: An aquatic recreational activity that is typically associated with
a body of water and a motorboat, and personal water craft.
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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. Notification to
neigibors wit uin five uunerec (500) feet of tie property sia be mai ec. The fee for a
minor amendment is listed in the fee schedule, as amended.
C - No change.
D. The Planning Services Director may refer 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 to-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 adacent 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.
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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
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
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guarantees to be posted with the COUNTY to guarantee such
implementation.
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. Sign Posting. Tie Department of P anning Services wi be responsib e for provicing and
posting a sign on tie property uncer consideration in a ocation read y visib e from tie adjacent
pub ica y maintainec roadways. Tie sign wi be postee at east ten ( ' 0) cays prececing the
hearing date for the Board of County Commissioners' 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 wiici tie criveway (access crive) intersects a pub icy maintainec roac right-of-way wi •
be postee . Tie sign posting wi be evicencec wit i a piotograpi.
i.
1 . 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.
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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
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
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Publication : June 20, 2012
First Reading : July 23, 2012
Publication : August 1 , 2012, in the Fort Lupton Press
Second Reading : August 13, 2012
Publication: August 22, 2012, in the Fort Lupton Press
Final Reading : September 5, 2012
Publication : September 12, 2012, in the Fort Lupton Press
Effective: September 17, 2012
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