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Home My WebLink About20122380.tiff eznd 9-s- 02O/ 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of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows.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 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 2012-2380 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 owned or operated by municipalities lire districts organized pursuant to Section 32-1-1002.C.R.S..or ambulance districts organized pursuant to Section 32-1-1007.C.U. E. The replacement of an existing dwelling for which the applicant/ownor can hat—the—dwelling—has--been occupied continuously for the immediate previous six M.filtsntm FE. Grange hall. CHAPTER 23 ZONING RATIONALE FOR MOIIIt ICATION: The County received an inquiry in the County from a landowner who would like to operate a camel faun to milk camels. Under current code camels am considered exotic animals and would require a USR. Following a work session with the f10CC on August 20.2012 the BOCC agreed to add Yaks and Camels under the definition of LIVESTOCK. Amend Sec.23-1-90.Definitions. LIVESTOCK: Cattle, bison, mules,burros, llamas. ostriches.elk, horses. swine, sheep. I 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 (Loss than 320 floss than 640 acres or Animals grass acres)or a gross acres)or greater)or a Animal Unit Equivalent to (LCss Than 120 minimum of/,of a a minimum of minimum or Equivalents One Animal Unit goes acres) Quartet Section ^R et a._action.I One Sate Cate 1 I 4 I tO Bison 1 I 4 10 Mule 1 I _ 4 SO Ostrich ' 1 1 4 f0 Sc 1 1 4 _ 10 Norse 1 1 4 10 Yak 1 1 4 10 Carnal 1 1 4 _ .L— Swine .2 a 20 30 1 40. _ 40. PAGE 2 2012-2380 ORD2012.4. Sheep .1 10 40 00 60 tea Llama .1 10 d0 a0 _ 60 1CQ Goat .1 10 40 SO' 800 co Alpaca .075 13 52 70 104 130 Paukry .02 -5Q 200 300 400 500 Rated .02 50 200 300 400 600 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 packs. 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-upea-whioh water eking occurs constructed specifically for the purpose of conducting a water skiing commercial enterprise, and operated on 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. RA:PQNA.MCKON-X.IODIFIGA-TIONr Proposed Coda change help-.to clarify the-applwotion-ptocr an4-reyuieer that a Minor Amen hair- A4»endSes.232-286.—Miner-amenelmants. A:-- oved Use-by Spacial Review and Silo Spocific Dovolopmont Plan may be approved,appre by tho Planning-Services-Diroclor and may bo authorized without additional public hearings:Sucl minor. ..Planning Services-Demeter as-long- .-continures-to comply with Blocs st to the extent of itc original compliance. The Planning PAGE 3 2012-2380 ORD2012-4 e---;^'G Di^^^rp"a lnavAting. The ^oci^:^na-t-re Planning Service^- Directer-maybe-appealed-4e-the--Board-o Ad)ustmen-Wusuenf4o-AAiole V1-of-thls Amendments--to-the-Planning-Commission-and-Board-of--County-Commissioners-for consideration and a final decision after a public hearing process pursuant to Subsection B. All applications will have finding of fact prepared by ctaff for a Minor Amendment and may staff-will -500-feet of-the property with-adescription of the-proposed-amendmeot---tn---eddilion, cleft shall publish notice of the Minor Amendment application in a newspaper of general circulation describing the property and will havo-thiity43o)-days-to-cespond. The fee-for-a minor-amendment-is listed--m-the-tee-schedule. as- amendment-. . G-lie-change- D. The Planning Services Director may determine through the-cerxce-of-referral comments aro-longer-meets-the review criteria-found above-and-can-refer the-application-to--the-Planning Commission and the Board of County-Commissioners-for o public hearing on the matter.. The following will apply: 1. Sign Posting. The Onpariment of--Planning Services will-be-recponcible for providing-and-posting-a-sign-on-the-property under consideration in o location readily visible from the adlacont publically maintained roadways.The-sign-wig-0e posted at toast ton (10) days preceding the-hearing date-for-the Planning Commission--hearing.— In-he-event--the--property under consideration is not adjacent to a publicly maintained road right of way, a second sign at the point-at -a-publicly-maintained-road-right of way- -be-Pasted,-The sign-t ostlng-will affidavit The-Department-Owner -Planning Services will be responsible for-providing- . proportiot listed within 500-feet--of-the subject-property-and rending out nolifcation-e4-hearing-via first-class-mail-at beet 10 days preceding the hearing date-before the Planning Commissioners hearing- 3—Notice-of-hearirg- ion-at least-ten 4. Duties-of-Plannlng-Commiccion: Tho Planning Commission shall hold-a-public hearing-on Minor-Amendment applications roforrod by the Planning Services Director.—The Planning Commission shall provide-recommendations-te4he-Beard of County Commissioners concerning the-disposition of-the-requested Minor i chaltepprove-the roquoot for the Minor minds-that the. of-Subsection-Col this- -the PAGE 4 2012-2380 ORD20124 burden of-proof to demonstrate-thathe-standerds-ec-sew a. The Secretary-of the Planning Commission shall fornard the official n contained-in the--official-record, which includes-the Department of Planning-Services after . h If-the--the Planning Commission r applcant completing curtain specified items prior to the publication-of-the notice for the hearing by the Board of County Commissioners:the ten day period shall commonco upon the submission of.t e-4ems-by-lhe-applsant to-the-Department-of Planning-Services- 6,—Duties-of Board of County Contmlesionorc: The Board of County Commissioners shag aoe-notmore4hanfocty-five(16) days after receipt of the-Planning Commiseien-t applecation-and to1ekea ofCounty Gemini -of-the-Pbannirg-Cemmiesien; at thepuWla heonng and the information contained in-the-official-record which includes tho Department of Planning Services case fits:the-Board-of County Commissioners oho!'approve-ihe-request for-the-Miner Amendment only if it finds that the applicant-haemet-theetendards-er-sonclitions ion-23-2-286.--Al-such hearing,the applicant has the burden-of-proof-to demonstratet -C of-this-Section-23-2-286-are-met- a—Where-reasonable-methods-or toohniquoc aro available to mitigate any negative-impacts which could bo generated by tho proposed USE-upon the surrounding area.the Board of County Commissionersmay-eonditien the decision to approve the Minor-Amendment-upon implementation of yes-and-may requiro sufficient performance guarantees--to be-..postedgrantee--such implemeeietierr b. Upon the-Board of County Commissioners making-its-6nel-deeisien,,a decision wig of-such action-and o copy of the resolution will be keptinthe-files-0Nhe c—lt--the—Mxw —the—Board-of County Coss the Department of Planning Services to Permit-Plan map with the County Clods and Reserder- Ethre-S--44e-change, PAGE 5 2012-2380 ORD2012.4 II. Invoctigation Foe An additional fifty percent.(S0e)-otihe-permit-feeshall•beedded-to the-co ment-Special-Review. permit The. payment-vi-the invoetigation foe shall not relieve any portent from fully complying with the requirements of this Chapter.nor from ony other ponaltioc.- Renumber cubcoquent-paragraphs, RATIONALE FOR MODIFICATION: ('unnn code allows tempuruy concrete and asphalt batch plants as a uss by right in the Agricultural, t-I and 1.2 Zone Districts only if they arc temporary and benefits a public road project There is one concrete batch plant(and perhaps several more on the horizon) dial a located on private properly which benefits a private use by right operation.This code change will allow temporary batching operations to be conducted on property regardless if it's fur public or private benefit. Amend Sec.234.20. 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 proiect 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. as-water-skiing-lakes-end-dlrt-bike-race ceuaaes-for example.- that--ere--used as public or private COMMERCIAL RECREATIONAL FACILITIES. Amend See.23.3.210. C-1 (Neighborhood Commercial)Zona District. A through 6.11-No change PAGE 6 2012-2380 ORD2012-4 12. Asphalt or concrete batch plant used temporarily and exclusively for an on-situ construction oroect or the completion of a PUBLIC mad 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 8.7-No change 8. Asphalt or concrete batch plant used temporarily and exclusively for an on-site construction oroject 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. RATIONALE FOR MODIFICATION: The County has received sonic requests recently to locate Oil and Gas Support and Service related industries in I-I industrial zones.Current code does not allow Oil and(pas Support and Service in the I-I or 1-2 zone districts.'I his proposed code change would allow O5c(i Support and Service in the I-I zone as u use by special review and would treat OtIcG Support and Service as a use by right in the 1-2 core. Amend Sec.23-3-310.1-1 (Industrial)Zone District. A through B.9-No change 10. Asphalt or concrete batch plant used temporarily and exclusively for pn 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 0.9-No change 10 Oct and Gas Support and Survico Amend Sec.23-3-320. (-2(Industrial)Zone District A through 8.9-No change 10. Asphalt or concrete batch plant used temporarily and exclusively for an on-site construction_prpigct oL 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 PAGE 7 2012-2380 ORD2012.4 Amend Sec.23-3-330.1-3(Industrial)Zone District A through 5.11-No change 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 RATIONALE FOR MODIFICATION: I'niposcd Code Change helps to clarify the existing language in the code dealing with future recorded exemptions on Lot B's.StatT was receiving culls f mm land owners and consultants shout the future fate of Lot B's and the existine language was confusing. Amend Sec.24-6-40.P to read as follows: P. After August 3, 2010, the largest Lot of any; ef-Lot-Bef-a-two-let recorded exemption, may not be less than thirty-five(35)acres Net.Lot-B or-the-largest-tot Ic not eligible for future-land-exemption: CHAPTER 29 BUILDING REGULATIONS RATIONALE FOR MODIFICATION: Code change deals with large above-ground storage tanks associated with she 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: PAGE 8 2012-2380 ORD2012-4 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 mutt enter into an agreement with tho Board of County Committcionorc.The party seeking the exemption shall submit, to the Department of Planning Services. evidence of insurance that will protect the party seekinp the exempton owners of lands adjacent to. end Immediately downstream from, the propene where the tank is to be located,and the County from claims for bodily injury, death or property damage- which may arise from the exeavAtion. installation construction.and/or Operation of the tank. Weld County must be named as an"Additional Warned Insured"upon said insurance policies. 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 duty 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-Tern BY: Deputy Clerk to the Board Barbara Kirkmeyer APPROVED AS TO FORM: David E.Long County Attorney Douglas Rademacher PAGE 9 2012-2380 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 10 2012-2380 ORD2012-4 Hello