HomeMy WebLinkAbout20112461 eh,/ WELD COUNTY
CODE ORDINANCE 2011-9
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23
ZONING, 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and hereby are, repealed and re-enacted, with amendments, and the various Chapters are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 23
ZONING
Amend Sec. 23-1-90 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 Zone District), Estate or R-1 (Low-Density
Residential) Zone Districts. 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 (Concentrated Animal) 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 the Weld County 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:
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Table 23.IA
Animal Units in the A (Agricultural)Zone District
Animal Unit Number of Maximum Maximum Maximum Maximum
Equivalents Animals Number of Number of Number of Number of
Equivalent to Animals per Animals per Animals per Animals per
One Animal Acre(Less than Acre(Less than Acre(Less Acre(MO gross
than 0
a gross acres)
Unit 80 gross acres) 320 gross 6 acres or greater)
acres)or a or a or a minimum
minimum of minimum of of 1 Section
of a Quarter 'Aofa
Section Section
Cattle I 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 I 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
Table 23.ID
Animal Units in the A-I (Concentrated Animal)Zone District
Animal Unit Number of Maximum Number Maximum Maximum Number
Equivalents Animals Equivalent of Animals per Number of of Animals per
to One Animal Unit Acre(Less than Animals per Acre(640 gross
320 gross acres)or Acre(Less than acres or greater)or
640 gross
a minimum of a acres)or a a minimum of 1
Quarter Section minimum of V2 Section
of a Section
Cattle I 1 6 8 10
Bison 1 I 6 8 10
Mule I 1 6 8 10
Ostrich I 1 6 8 10
Elk I 1 6 8 10
Horse 1 1 6 8 10
Swine .2 5 30 40 50
Sheep .1 10 60 80 100
Llama .1 10 60 80 100
Goat .1 10 60 80 100
Alpaca .075 13 78 104 130
Poultry .02 50 300 400 500
Rabbit .02 50 300 400 500
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 80 gross acres, not to exceed six (6) ANIMAL UNITS per acre on LOTS a
minimum of 1/2 of a quarter section and less than 320 gross acres, not to exceed eight (8)
ANIMAL UNITS per acre on LOTS a minimum of '/ of a Section and less than 640 gross acres,
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and not to exceed ten (10) ANIMAL UNITS per acre on LOTS 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 320 gross
acres, not to exceed eight (8) ANIMAL UNITS per acre on LOTS a minimum of % of a Section
and less than 640 gross acres, and not to exceed ten (10) ANIMAL UNITS per acre on LOTS
640 gross acres or larger; one (1) per acre, not to exceed eight (8) ANIMAL UNITS per LOT in
the E (Estate) Zone District; or two (2) ANIMAL UNITS per LOT in the R-1 (Low-Density
Residential) Zone District.
CARGO CONTAINER:A receptacle with all of the following characteristics:
a thru d - No change
e. Having a cubic displacement of one thousand (1,000) cubic feet or more for a
cargo container used solely for storage. Cargo containers used for DWELLINGS
shall conform to the bulk requirements in each zone district.
f. - No change.
Add the following under Sec. 23-1-90:
TRANSLOADING: A process of transferring a commodity from one mode of
transportation to another whose primary activity includes the following kinds of USES:
a. Rail and Truck transloading of commodities and materials, including without
limitation, those for the agricultural and oil and gas industries, including, but not
limited to, grains, petroleum products, sand, pipe, and storage related to the
same.
Add the following under Sec. 23-3-40.A.7: TRANSLOADING.
Add the following under Sec. 23-3-310.6.11: TRANSLOADING.
Add the following under Sec. 23-3-320.6.11: TRANSLOADING.
Add the following under Sec. 23-3-330.6.12: TRANSLOADING.
Amend Sec. 23-2-150. Intent and applicability.
A. No Change.
B. A Site Plan Review is required for USES in the following Zone Districts: A-1
(Concentrated Animal), Residential R-2, R-3 and R-4 Zone Districts except for those
uses containing a single-family dwelling unit or duplex units where the two (2) units are
not held in separate ownership, all Commercial Zone Districts, all Industrial Zone
Districts, and any PUD Districts where a use would require a site plan review in an R-4,
Commercial or Industrial Zone District.
C thru L - No Change
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Amend Sec. 23-2-160. Application requirements for site plan review.
Any person wanting to apply for a Site Plan Review shall arrange for a pre-application
conference with the Department of Planning Services. The purpose of the application is to give
the applicant an opportunity to demonstrate, through written and graphic information, how the
proposal complies with the standards of this Chapter. The following supporting documents shall
be submitted as a part of the application:
A thru U - No change.
V. Additional Submittal Requirements for a Livestock Confinement Operation within
the A-1 (Concentrated Animal) Zone District: In addition to the Application for
site plan review requirements, the following information shall be submitted with
the Site Plan Review application for a Livestock Confinement Operation within
the A-1 (Concentrated Animal) Zone District:
1. A Nuisance Management Plan.
2. A Lighting Plan.
3. Demonstrate that proposed wastewater impoundments will meet the
following requirements of the Colorado Water Quality Control
Commission Regulation Number 81 (6 CCR 1002-81): (1) setbacks to
water wells, (2) separation from groundwater, and (3) impoundment
liner(s) meet seepage rate, and (4) impoundment wastewater storage
capacity. Evidence of such shall be provided to the Departments of
Public Health and Environment and Planning Services.
4. Provide evidence that the facility has been registered as a Confined
Animal Feeding Operation (CAFO) with the Colorado Department of
Public Health and Environment. Written evidence of such shall be
provided to the Department of Public Health and Environment.
5. A Facility Management Plan.
6. The applicant shall demonstrate compliance with Livestock Confinement
Operations Supplementary Regulations stipulated in Section 23-4-350.
7. A housing plan for employees (if necessary).
8. The applicant shall specify the maximum number of ANIMAL UNITS and
species to be associated with the Livestock Confinement Operation.
Reletter subsequent paragraphs.
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
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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 thru Z - No change
AA. CARGO CONTAINER(S) used as a SINGLE-FAMILY DWELLING UNIT and
AUXILIARY QUARTERS per LEGAL LOT.
Amend Sec. 23-3-30. Accessory uses.
The following BUILDINGS, STRUCTURES and USES shall be allowed in the
A (Agricultural) Zone District so long as they are clearly incidental and ACCESSORY to the
Uses Allowed By Right in the A (Agricultural) Zone District. Such BUILDINGS, STRUCTURES
and USES must be designed, constructed and operated in conformance with the bulk
requirements contained in Section 23-3-50 below. ACCESSORY USES within the A
(Agricultural) Zone District shall also be subject to the additional requirements contained in
Articles IV and V of this Chapter. Note: The combined GROSS FLOOR AREA of all
ACCESSORY BUILDINGS constructed after the original effective date of this Chapter (August
25, 1981) on LOTS in an approved or recorded subdivision plat or LOTS part of a map or plan
filed prior to adoption of any regulations controlling subdivisions of less than ten (10) acres shall
not exceed four percent (4%) of the total lot area, except in Regional Urbanization Areas, which
shall adhere to RUA development standards. However, in no case shall such an accessory
building exceed twice the GROSS FLOOR AREA of the primary residence on the lot except by
variance. Any accessory structure made nonconforming by application of this Section may be
repaired, replaced or restored in total.
A thru J - No change
K. Cargo container as Accessory STRUCTURE. One (1) cargo container as an
Accessory STRUCTURE in the A (Agricultural) Zone District may be allowed for
storage of goods inside the unit on lots in an approved or recorded subdivision
plat, or LOTS which are part of a map or plan filed prior to the adoption of any
regulations controlling subdivisions in the A (Agricultural) Zone District. Two (2)
cargo containers may be allowed on property of less than eighty (80) acres in
size, when not on a LOT in an approved or recorded subdivision or a LOT which
is part of a map or plan filed prior to adoption of any regulations controlling
subdivisions. Up to five (5) cargo containers may be allowed on property equal to
or greater than eighty (80) acres in size. Additional containers may be allowed on
all lot sizes, as described in Subsection 23-3-40.AA. A cargo container used for
storage, an office, a DWELLING or any habitable use shall require the issuance
of building permits. The following conditions shall apply:
1. Electricity is the only utility which will be connected to the cargo container
used solely for storage. Cargo containers that have been retrofitted for
habitation can be connected to wet and dry utilitie's such as water, sewer
and electricity.
2. The cargo container can be used as a DWELLING or as overnight or
temporary housing as long as the cargo container has been retrofitted
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and designed to meet all state and local Housing and Building Codes.
The cargo container that has been retrofitted for an office, DWELLING, or
any habitable use, shall be designed by a licensed professional.
3. The property upon which the cargo container is to be located must be a
LEGAL LOT.
4. The applicant shall not remove any structural component of the cargo
container used for storage, an office, a DWELLING, or any habitable use.
5. A cargo container used for storage, an office, a DWELLING, or any
habitable use shall not be allowed to fall into a state of disrepair. Such
disrepair may include a cargo container that is partially or totally damaged
by fire, earthquake, wind or other natural causes, or is in a state of
general dilapidation, deterioration or decay resulting from a lack of
maintenance, vandalism or infestation with vermin or rodents. Any such
cargo container used for storage, an office, or a DWELLING shall be
restored to, and maintained in, the original condition it was in at the time it
was placed on the site as established by the original inspection by the
Department of Building Inspection, or it shall be removed from site.
6. A cargo container used solely for storage shall be removed from the
property upon cessation of the USE.
7. The cargo container may not be used in any manner to display a sign.
L thru N - No change
O. MEDICAL MARIJUANA. One (1) caregiver of MEDICAL MARIJUANA that is
grown and sold pursuant to the provision of Article 43.3, Title 12 of the Colorado
Revised Statute (C.R.S.) and for a purpose authorized by Section 14 of Article
XVII of the Colorado Constitution per legal parcel as per Article IV, Division 14 of
the Weld County Code.
Amend Sec. 23-3-50. Bulk requirements.
The following lists the bulk requirements for the A (Agricultural) Zone District.
A thru C — No Change
D. Maximum number of ANIMAL UNITS permitted per acre: In accordance with the number
shown in the table associated with the definition of ANIMAL UNITS set forth in Section
23-1-90 of this Chapter.
E thru G — No Change
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Add Sec. 23-3-60. A-1 —Concentrated Animal Zone District
A. Intent. The Weld County Comprehensive Plan has the following goals and policies:
"Respect and encourage the continuation of agricultural land uses and agricultural operations
for purposes which enhance the economic health and sustainability of agriculture."
"Establish and maintain an agricultural land use designation to promote the County's agricultural
industry and sustain viable agricultural opportunities for the future."
"Continue the commitment to viable agriculture in Weld County through mitigated protection of
established (and potentially expanding) agricultural uses from other proposed new uses that
would hinder the operations of the agricultural enterprises."
Livestock Confinement Operations require considerable investment in capital improvements,
water etc. The A-1 Concentrated Animal Zone District allows the opportunity for parcels to be
zoned specifically for confined animal feeding operations. A-1 Zoning provides certainty for
confined animal feeding operators and existing and future property owners that a property has
been designated for use as a livestock confinement operation while providing
requirements/standards to ensure that potential impacts associated with livestock confinement
operations are addressed.
B. 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-1 (Concentrated
Animal) Zone District except for one (1) or more of the following USES. USES within the A-1
(Concentrated Animal) Zone District, in addition to the requirement outlined below, shall also be
subject to the additional requirements contained in Articles IV and V of this Chapter.
1. Livestock Confinement Operations. All Livestock Confinement Operations
located within A-1 Zoning shall comply with the requirements set forth in
Section 23-4-350 of this Code. 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 the Weld County Code.
2. Uses listed as uses by right in the A (Agricultural) Zone District.
C. Accessory Uses
The following BUILDINGS, STRUCTURES and USES shall be allowed in the A-1
(Concentrated Animal) Zone District so long as they are clearly incidental and ACCESSORY to
the Uses Allowed By Right in the A-1 (Concentrated Animal) Zone District. Such BUILDINGS,
STRUCTURES and USES must be designed, constructed and operated in conformance with
the bulk requirements contained in Section 23-3-50 of this Chapter.
1. Uses listed as accessory uses in the A (Agricultural) Zone District.
D. Uses by Special Review
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1. Uses listed as Uses by Special Review in the A (Agricultural) Zone District.
E. Bulk Requirements
1. Minimum LOT size:
a. Irrigated: one-hundred sixty (160) acres (or is a parcel otherwise
recognized as a quarter section).
b. Dry: one-hundred (160) acres (or is a parcel otherwise recognized as a
quarter section).
2. Minimum SETBACK: twenty (20) feet. Fences are not required to comply with the
minimum SETBACK and may be located on the property line. Fences located on
corner lots abutting public rights-of-way shall not obstruct the view of vehicular
traffic at an intersection. Waste water ponds and manure storage/composting
areas associated with Livestock Confinement Operations shall be set back a
minimum of 500 feet from nearest existing residence.
3. Minimum OFFSET: three (3) feet, or one (1) foot for each three (3) feet of
BUILDING HEIGHT, whichever is greater. Fences are not required to comply
with the minimum OFFSET and may be located on the property line. Waste water
ponds and manure storage/composting areas associated with Livestock
Confinement Operations shall be offset a minimum of 500 feet from nearest
existing residence.
4. Maximum number of ANIMAL UNITS permitted per acre: In accordance with the
number shown in the table associated with the definition of ANIMAL UNITS set
forth in Section 23-1-90 of this Chapter.
5. No BUILDING or STRUCTURE, as defined and limited to those occupancies
listed as Groups A, B, E, F, H, I, M and R in Section 302.1 of the 2006
International Building Code, shall be constructed within a two-hundred-foot radius
of any tank battery, within a one-hundred-fifty-foot radius of any wellhead, or
within a twenty-five-foot radius of any plugged or abandoned oil and gas well.
Any construction within a two-hundred-foot radius of any tank battery, or one-
hundred-fifty-foot radius of any wellhead, shall require a variance from the terms
of this Chapter in accordance with Subsection 23-6-10.C of this Code.
6. Landscape criteria may be based upon compatibility with existing adjacent lots
and land uses.
7. All external lighting shall be designed in accordance with Section 23-2-160.U.6 of
this Chapter.
Amend Sec. 23-3-110. R-1 (Low-Density Residential) Zone District.
A thru B.7 - No change
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8. CARGO CONTAINER used as a SINGLE-FAMILY DWELLING per
LEGAL LOT, said SINGLE-FAMILY WELLING shall be connected to, and
served by, a PUBLIC WATER system and a PUBLIC SEWER system.
This requirement does not apply to an LEGAL LOT created prior to the
original effective date of this Chapter (August 25, 1981).
Add Sec. 23-3-210.H. "USES similar to the USES listed above, so long as the USE
complies with the general intent of the C-1 (Neighborhood Commercial) Zone District"
Add Sec. 23-3-220.H. "USES similar to the USES listed above, so long as the USE
complies with the general intent of the C-2 (General Commercial)Zone District"
Add Sec. 23-3-230.H. "USES similar to the USES listed above, so long as the USE
complies with the general intent of the C-3 (Business Commercial) Zone District"
Add Sec. 23-3-240.H. "USES similar to the USES listed above, so long as the USE
complies with the general intent of the C-4 (Highway Commercial) Zone District."
Add Sec. 23-3-310.H. "USES similar to the USES listed above, so long as the USE
complies with the general intent of the I-1 (Industrial) Zone District."
Add Sec. 23-3-320.H. "USES similar to the USES listed above, so long as the USE
complies with the general intent of the 1-2 (Industrial) Zone District."
Add Sec. 23-3-330.H. "USES similar to the USES listed above, so long as the USE
complies with the general intent of the 1-3 (Industrial) Zone District"
Add Sec. 23-3-330.B.12. "OIL AND GAS SUPPORT AND SERVICE".
Amend Sec. 23-4-120. Requirements for setback, offset and clearance.
A thru C — No Change
D. The setback for off-site directional signs in the Agricultural Zone District shall be twenty-
five (25) feet from the current or future road right-of-way, whichever is greater. The
setback for all other freestanding signs in the Agricultural Zone District shall be three (3)
feet, or one (1) foot for every three (3) feet of sign height, whichever is greater.
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.
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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 2011-9 was, on motion duly made and
seconded, adopted by the following vote on the 19th day of September, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:-�4....:1F14...„ �3 iirkmey ` h a�.,,k 1i f"�
I arbara Kirkme er Chair j
Weld County Clerk to the Board �►�
• .V' i-an P. nway, Pro-Tern BY:Deputy n•rk to the Boar \' ` —
!a . G-rcia
APPROVED AS M: `' \ I of t.&) �—
D vid E. Long t L I 2County torney
Douglas ademach r
Publication: July 20, 2011
First Reading: August 22, 2011
Publication: August 24, 2011, in the Fort Lupton Press
Second Reading: September 7, 2011
Publication: September 7, 2011, in the Fort Lupton Press
Final Reading: September 19, 2011
Publication: September 28, 2011, in the Fort Lupton Press
Effective: October 3, 2011
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