HomeMy WebLinkAbout20122592.tiff WELD COUNTY
CODE ORDINANCE 2012-4
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 20
IMPACT FEES, CHAPTER 23 ZONING, CHAPTER 24 SUBDIVISIONS, 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and hereby are, repealed and re-enacted, with amendments, and the various Chapters are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
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.
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Steve Moreno. Clerk and Recorder. Weld County, CO
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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.
D. Any development associated with emergency services such as fire, police, or
ambulance stations owned or operated by municipalities, fire districts organized
pursuant to Section 32-1-1002, C.R.S., or ambulance districts organized
pursuant to Section 32-1-1007, C.R.S.
E. Grange hall.
CHAPTER 23
ZONING
Amend Sec. 23-1-90. Definitions.
LIVESTOCK: Cattle, bison, mules, burros, llamas, ostriches, elk, horses, swine, sheep,
goats, poultry, yaks, camels and rabbits.
Table 23.1A Animal Units in the A (Agricultural) Zone District
Maximum Number of Animals per Acre
(640 gross
Number of (Less than 320 (Less than 640 acres or
Animals gross acres)or a gross acres)or greater)or a
Animal Unit Equivalent to (Less than 120 minimum of'A of a a minimum of minimum or
Equivalents One Animal Unit gross acres) Quarter Section /�of a Section One Section
Cattle 1 1 4 6 8 10
Bison 1 1 4 6 8 10
Mule 1 1 4 6 8 10
Ostrich 1 1 4 6 8 10
Elk 1 1 4 6 8 10
Horse 1 1 4 6 8 10
Yak 1 1 4 6 8 10
Camel 1 1 4 6 8 10
Swine .2 5 20 30 40 50
Sheep .1 10 40 60 80 100
Llama .1 10 40 60 80 100
Goat .1 10 40 60 80 100
Alpaca .075 13 52 78 104 130
Poultry .02 50 200 300 400 500
Rabbit .02 50 200 300 400 500
Amend Sec. 23-1-90. Definitions.
RECREATIONAL FACILITIES: The following classes of recreational facilities have the
following meanings:
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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 constructed
specifically for the purpose of conducting a water skiing commercial enterprise,
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.
Amend Sec. 23-3-20. Uses allowed by right.
No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE
shall hereafter be erected, structurally altered, enlarged or maintained in the A (Agricultural)
Zone District except for one (1) or more of the following USES. Land in the A (Agricultural) Zone
District is subject to the schedule of bulk requirements contained in Section 23-3-50 below.
USES within the A (Agricultural) Zone District shall also be subject to the additional
requirements contained in Articles IV and V of this Chapter.
A through N - No change
O. Asphalt or concrete batch plant used temporarily and exclusively for an on-site
construction project or the completion of a PUBLIC road improvements project.
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.
Amend Sec. 23-3-40. Uses by special review.
The following BUILDINGS, STRUCTURES and USES may be constructed, occupied,
operated and maintained in the A (Agricultural) Zone District upon approval of a permit in
accordance with the requirements and procedures set forth in Article II, Division 4 of this
Chapter.
A through C.7 - No change
8. COMMERCIAL RECREATIONAL FACILITIES.
Amend Sec. 23-3-210. C-1 (Neighborhood Commercial) Zone District.
A through B.11 - No change
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12. Asphalt or concrete batch plant used temporarily and exclusively for an on-site
construction project or the completion of a PUBLIC road improvements project.
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.
Amend Sec. 23-3-240. C-4 (Highway Commercial) Zone District.
A through B.7 - No change
8. Asphalt or concrete batch plant used temporarily and exclusively for an on-site
construction project or the completion of a PUBLIC road improvements project.
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.
Amend Sec. 23-3-310. I-1 (Industrial) Zone District.
A through B.9 - No change
10. Asphalt or concrete batch plant used temporarily and exclusively for an on-site
construction project or the completion of a PUBLIC road improvements project.
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.
C through D.9 - No change
10. Oil and Gas Support and Service
Amend Sec. 23-3-320. 1-2 (Industrial) Zone District.
A through B.9 - No change
10. Asphalt or concrete batch plant used temporarily and exclusively for an on-site
construction project or the completion of a PUBLIC road improvements project.
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.
11 through 13 - No change
14. Oil and Gas Support and Service
Amend Sec. 23-3-330. 1-3 (Industrial) Zone District.
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12. Asphalt or concrete batch plant used temporarily and exclusively for an on-site
construction project or the completion of a PUBLIC road improvements project.
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 Sec. 24-8-40.P to read as follows:
P. After August 3, 2010, the largest Lot of any recorded exemption may not be less than
thirty-five (35) acres Net.
CHAPTER 29
BUILDING REGULATIONS
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 shall submit, to the Department of
Planning Services, evidence of insurance that will protect the party
seeking the exemption, owners of lands adjacent to, and immediately
downstream from, the property where the tank is to be located, and the
County from claims for bodily injury, death or property damage, which
may arise from the excavation, installation, construction, and/or operation
of the tank. Weld County must be named as an "Additional Named
Insured" upon said insurance policies.
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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.
The above and foregoing Ordinance Number 2012-4 was, on motion duly made and
seconded, adopted by the following vote on the 24th day of September, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
/ WELD COUNTY, COLORADO
ATTES, r ��'J�� l:
1 can P. Conway Chair
Weld County Clerk to the : rd ,U,� ` J
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BY: O C,- • Vita. ?r • i -
Deputy Clerk to the Boar.'%(��
♦ j -ear a Kirkmeyer
APPR D A M: c
David E. Long
un y Attorney 4
ouglas demacher
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 17, 2012, in the Fort Lupton Press
Effective: October 22, 2012
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Steve Moreno. Clerk and Recorder., Weld County, CO
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