HomeMy WebLinkAbout20120781 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and hereby are, repealed and re-enacted, with amendments, and the various Chapters are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
RATIONALE FOR MODIFICATION:
This code change reflects recognizes that the Official Zoning Map,for Weld County shall be placed on the
County website in a digital version, which will replace paper copies having to be recorded every year
with the Clerk and Recorder. The digital zoning map will be updated frequently through the GIS
Department.
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Official Weld County Zoning Resolution adopted May 29, 1961 , was repealed on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
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County Assessor's Office and the Weld County GIS office. The digitized map is
available electronically through the County webpage and is recorded in hardcopy once
ach year 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 The maps accompanying the repealed Official Weld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 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.
RATIONALE FOR MODIFICATION:
This code change reflects a Court decision made several years ago concerning a hog farm and animal
units. This change basically states that Right of Way (ROW) does not break up the contiguous land
holdings for purposes of determining animal units. The text in red below was interpreted by the Colorado
Court of Appeals to mean that an owner can add up all of his or her lands even though they may have
been granted under separate deeds and separated by County roads, and the total is then considered to be
one "lot. "
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. 1B, 23. 1C and 23. 1D below:
No change to the following tables:
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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 (1/2) 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 ('/2) 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
(1/2) 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; one ( 1 ) per
acre,. In the E (Estate) Zone District, ANIMAL UNITS shall not te-exceed eight (8) ANIMAL
UNITS per LOT in the E (Estate) Zone District; or. In the R-1 (Low-Density Residential) Zone
District, ANIMAL UNITS shall not exceed two (2) ANIMAL UNITS per LOT in the R 1 (Low
Density Residential) Zone District. 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.
RATIONALE FOR MODIFICATION:
Under current code there is no process for staff to bring a Site Plan Review application before the Board
of County Commissioners for action if Planning Staff has determined that the applicant / owner failed to
comply with any of the provisions found under Chapter 23, Division 3, of the Weld County Code. This
addition to the code will allow the Board of County Commissioners to take action on a Site Plan that has
not been recorded or has failed to meet the findings found in the Weld County Code.
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Add the following :
Sec. 23-2-180. Rescission Procedures.
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) .
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
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
RATIONALE FOR MODIFICATION:
Current code does not define what "temporary " means with respect to offices. The County defines
temporary as six (6) months or less and will apply this standard to offices. In addition, this code change
will not require a permit for structures associated with a Site Plan Review (SPR) or Use by Special
Review (USR).
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
MOBILE HOME or MANUFACTURED STRUCTURE.
4 and 5 - No change.
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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.6
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 more than one <. 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.
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CHAPTER 24
SUBDIVISIONS
RATIONALE FOR MODIFICATION:
This code change makes the Code definition commensurate with the definitions of "subdivision " and
"subdivided land"found in C.R.S. § 30-28-101(1).
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.
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The above and foregoing Ordinance Number 2012-3 was, on motion duly made and
seconded, adopted by the following vote on the 30th day of April, 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
Publication : February 22, 2012
First Reading : March 21 , 2012
Publication : March 28, 2012, in the Fort Lupton Press
Second Reading: April 9, 2012
Publication: April 18, 2012, in the Fort Lupton Press
Final Reading : April 30, 2012
Publication: May 9, 2012, in the Fort Lupton Press
Effective: May 14, 2012
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APPENDIX 5-D
WELD COUNTY GOVERNMENT FEES
New fee to be added as #39:
RATIONALE FOR MODIFICATION:
The current fee schedule does not provide a fee in cases where staff spends time assisting applicants or
constituents on novel uses or development that doesn 't necessarily fit into the established fee categories.
Service Provided Fee Established
39. Staff time for applicants or constituents that The hourly rate shall be calculated on a full cost
propose novel uses or development that does not fit recovery basis of the county's costs for the staff
into established fee categories where staff will positions involved in the assistance. The full cost
spend 4 or more hours of review, oversight, or recovery rate shall be determined by the Director of
assistance. Finance and Administration and shall include
salary, fringe benefits, support costs (services and
supplies), and indirect costs calculated in
accordance with the county-wide cost allocation
plan per Federal OMB-87 methodologies.
Constituents shall deposit the estimated amount of
the costs prior to assistance. The County will draw
upon it based on the standard hourly rate for each
staff providing the review, oversight, or assistance.
The applicant shall be provided copies of the
billing five days prior to the cost actually being
billed against the account and the applicant. The
applicant's sole remedy to appeal any billing shall
be to the Board of County Commissioners. The
unused portion of the submitted application fee
shall be returned to the applicant within 30 days of
completion of the development process or if
requested.
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APPENDIX 54
WELD COUNTY PLANNING FEE SCHEDULE
2012
Amend #29 and notes as follows:
RATIONALE FOR MODIFICATION:
The current fee schedule does not provide a fee in cases where staff spends time assisting applicants or
constituents on novel uses or development that doesn 't necessarily fit into the established fee categories.
I29. For those applications for uses identified to be of high complexity or intensity where a
determination is made that County staff will be committing time and resources in excess of the
established application fee, the Department of Planning Services may request an applicant submit a
fee in excess of the identified fee. The applicant shall deposit an estimated amount of the costs
prior to assistance. The fee shall be escrowed -will be held and charged against by the County
based on the standard hourly rate for each department administering or reviewing the permit. The
departments shall include, but not be limited to, the Department of Planning Services, Weld County
Health Department, Weld County Public Works, and the Weld County Attorney's Office. The
standard hourly rate shall be established by the Weld County Finance Department for the actual
time spent on the review of the application. The rate shall be calculated on a full cost recovery
basis of the county's cost and shall include salary, fringe benefits, support costs (services and
supplies), and indirect costs calculated in accordance with the county-wide cost allocation plan per
Federal OMB-87 methodologies. The applicant shall be provided copies of the billing five days
prior to the cost actually being billed against the escrow account and the applicant. The applicant's
sole remedy to appeal any billing shall be to the Board of County Commissioners. The unused
portion of the submitted application fee held in escrow shall be returned to the applicant within 30
days of recording the Special Review plan map, or within 30 days after denial of the application by
the Board of County Commissioners, or 30 days after the applicant submits a written request to
withdraw the application.
1'1Animal Units as defined in section 23- 1 -90 of the Weld County Code
I"1The fee to amend an application for a Special Review Permit for Solid Waste Disposal Sites and
Facilities shall not exceed $20,000.00. The full amount shall be submitted to the Department of Planning
Services at the time a complete application is submitted. The full amount shall be escrowed fee will be
held and charged against by the County based on the standard hourly rate for each department
administering or reviewing the permit. The departments shall include but not be limited to the
Department of Planning Services, Weld County Health Department, Weld County Public Works, and the
Weld County Attorney's Office. The standard hourly rate shall be established by the Weld County
Finance Department for the actual time spent on the review of the application and facility. The rate shall
be calculated on a full cost recovery basis of the county's cost and shall include salary, fringe benefits,
support costs (services and supplies), and indirect costs calculated in accordance with the county-wide
cost allocation plan per Federal OMB-87 methodologies. The applicant shall be provided copies of the
billing five days prior to the cost actually being billed against the escrow account and the applicant. The
applicant's sole remedy to appeal any billing shall be to the Board of County Commissioners. The
unused portion of the submitted application fee held in escrow,-shall be returned to the applicant within
30 days of recording the amended Special Review plan map, or within 30 days after denial of the
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application by the Board of County Commissioners, or 30 days after the applicant submits a written
request to withdraw the application.
["' Twenty-five (25%) of this fee is due at time of application, and the remaining 75% due at time of
building permit
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