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WELD COUNTY
CODE ORDINANCE 2007-14
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hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to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
ARTICLE I
General Provisions
Amend Sec. 23-1 -90. Definitions.
For the purposes of this Chapter, certain terms or words used herein shall be interpreted
as defined in this Section. The following specific words and phrases when appearing in this
Chapter in uppercase letters, shall have the meanings stated in this Section:
FOSTER CARE HOME: A facility certified by the county or a child placement agency for
child care in the residence of a person or family for the purpose of providing twenty-four hour care
for one or more children under the age of twenty-one (21 ), who may or may not be related to the
head of the household . Medical foster care homes, as defined by C. R.S. 26-2-102, are included
in this definition .
GROUP HOME FACILITY: A DWELLING UNIT which is licensed by the state and/or
authorized or regulated by either the state or federal government or both, and which provides
non-institutionalized housing for a group of persons living as a single housekeeping unit, as
determined by reference to C. R.S . 30-28-115, 31 -23-301 , and 31 -23-303, as these provisions may
be amended from time to time. A GROUP HOME FACILIY shall be for one of the following groups:
2008-0023
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a. A group of no more than 8 handicapped persons living in a state-licensed group
home or independent living center, as defined by C. R.S. 26-8. 1 -102; or
b. A group of no more than 8 persons with developmental disabilities (see C. R. S.
27-10. 5-102 and C. R.S . 30-28-115) living in a state-licensed group home or
community residential home; or
c. A group of not more than 8 persons with a mental illness, as specified and limited
by Section 30-28-115, C. R.S. , living in a state-licensed group home; or
d. A group of not more than 8 persons 60 years of age or older who do not need
nursing facilities.
Group homes that do not meet the conditions listed above, or which are proposed to be located
within 750 feet of an existing GROUP HOME FACILITY or RESIDENTIAL THERAPEUTIC
CENTER, shall be considered RESIDENTIAL THERAPEUTIC CENTERS for purposes of this
Code.
MINING: The act of recovering mineral, sand , gravel , quarry, coal or other resources from
the ground . MINING shall include, but not be limited to, recovery of the resources by processing
on site (including "in-situ," solution, and other extractive methods), open pit excavation, wet or dry
pit excavation, and subterranean excavation.
RAILROAD FREIGHT DEPOT [RAILYARD]: A heavy rail facility for freight pick-up or
cistribution; may inc uce intermoca cistribution faci ities anc trans oacing operations for truck or
slipping transport. Anci ary faci ities associatec with the rai yarc faci ity may inc uce warehouses
for freight and supporting office operations.
RESIDENTIAL THERAPEUTIC CENTER: A DWELLING UNIT which is not specifically
designated as a GROUP HOME FACILITY and which provides a community living environment for
individuals requiring custodial care, medical treatment, or specialized social services. This
definition includes any number of people who live together who lack the ability to live independently,
or who have been ordered into the facility by a court of competent jurisdiction, and who require the
support, supervision and care of adults who may not be related. The definition includes, but is not
limited to, the following : specialized group child care home, facility or center; residential child care
facility; residential treatment facility; shelters for the homeless; shelters from domestic violence;
residential facilities for those living together as a result of criminal offenses; and homes for
individuals that are HIV positive or afflicted with the AIDS virus. This definition does not include
correctional facilities.
ARTICLE II
Procedures and Permits
Division 1
Amendments to Zoning Map
Amend Sec. 23-2-20. Duties of Department of Planning Services.
A - No change.
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PAGE 2 ORD2007-14
B. Upon determination that the application submittal is complete, the Department of
Planning Services shall:
1 through 3 - No change.
Delete 4.
Renumber the remaining subparagraphs of Sec. 23-2-20. B.
Remainder of Section - No change.
Amend Sec. 23-2-40. Duties of Board of County Commissioners.
A. The Board of County Commissioners shall:
1 through 4 - No change.
Delete 5.
Renumber the remaining subparagraphs of Sec. 23-2-40.A.
Remainder of Section - No change.
Amend Sec. 23-2-50. Application requirements for Change of Zone.
A - No change.
B. The following information shall be submitted on or with an application form which
may be obtained from the Department of Planning Services:
1 through 9 - No change.
10. The written certification required by Section 24-65.5-103.3, C. R.S. , if
applicable. Such certification may be submitted on the date of the initial
public hearing referred to in Section 24-65.5- 103( 1 ), C. R.S.
Division 3
Site Plan Review
Amend Sec. 23-2-150. Intent and applicability.
A through L - No change.
M. The applicant or owner shall submit an improvements agreement agreeing to
construct the required improvements as shown in the application, plans, and other
supporting documents. The agreement shall be made in conformance with the
County policy on collateral for improvements. The agreement shall be approved by
the Board prior to recording the final exhibit or plat, if applicable.
Amend Sec. 23-2-160. Application requirements for site plan review.
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PAGE 3 ORD2007-14
Any person wanting to apply for a Site Plan Review shall arrange for a preapplication
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 through BB - No change.
CC. If applicable, an improvements agreement executed by the applicant. This
agreement shall be in accordance with the County Policy and documents for
collateral for improvements.
Division 4
Uses by Special Review
Amend Sec. 23-2-200. Intent and applicability.
A through F - No change.
G . Any decrease in the land mass occupied by a Use by Special Review shall qualify
the landowner to be able to request a partial vacation of the Use by Special Review
from the Board of County Commissioners, permitting the following :
1 . The subject property under consideration for a partial vacation of the Use
by Special Review has received permission to release the property from the
permit from applicable County and State agencies. An example would be
the release of a portion of a gravel mining operation from theColorado State
Division of Mining Reclamation and Safety at the completion of the
reclamation activities on the subject property. Evidence of such release
shall be provided to the Department of Planning Services with the request
to vacate such portion of the property.
2 through 5 - No change.
H . The applicant or owner shall submit an improvements agreement agreeing to
construct the required improvements as shown in the application , plans, and other
supporting documents. The agreement shall be made in conformance with the
County policy on collateral for improvements. The agreement shall be approved by
the Board prior to recording the final exhibit or plat, if applicable.
Amend Sec. 23-2-210. Duties of Department of Planning Services.
Any person wanting to apply for a Use by Special Review shall arrange for a preapplication
conference with the Department of Planning Services.
A - No change.
B. Upon determination that the application submittal is complete, the Department of
Planning Services shall :
1 through 2 - No change.
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PAGE 4 ORD2007-14
Delete 3.
Renumber the remaining subparagraphs of Sec. 23-2-210. B.
Amend Sec. 23-2-230. Duties of Board of County Commissioners.
A. The Board of County Commissioners shall:
1 through 3 - No change.
Delete 4.
Renumber the remaining subparagraphs of Sec. 23-2-230.A.
Remainder of Section - No change.
Amend Sec. 23-2-240. Design standards.
A. An applicant for a Use by Special Review shall demonstrate compliance with the
fo owing cesign standards in tie app 'cation anc sna continue to meet tiese
standards if approved for DEVELOPMENT.
1 through 11 - No change.
12. The design standards set forth in Appendix 23-F shall apply to all Use by
Special Review applications for a RAILROAD FREIGHT DEPOT
[RAILYARD].
Remainder of Section - No change.
Amend Sec. 23-2-260. Application requirements.
A - No change.
B. The following general information shall be submitted :
1 through 9 - No change.
10. The written certification required by Section 24-65. 5-103. 3, C. R.S. , if
applicable. Such certification may be submitted on the date of the initial
public hearing referred to in Section 24-65. 5-103( 1 ), C. R. S.
Delete 11 .
Renumber the remaining subparagraphs of Sec. 23-2-260. B.
C and D - No change.
E. Supporting Documents. The following supporting documents shall be submitted as
part of the application :
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PAGE 5 ORD2007-14
1 through 5 - No change.
6. If applicable, an improvements agreement executed by the applicant. This
agreement shall be in accordance with the County Policy and documents for
collateral for improvements.
7. For a RESIDENTIAL THERAPEUTIC CENTER, submittal of a report
demonstrating the need for the facility; data about the background ,
experience, and financial capacity of the proposed operator; applicable
licenses; and , analysis of the impact of the facility to the area, and any other
information relevant to evaluating the compatibility of the proposed facility.
The County may waive or modify these requirements, particularly if there is
a risk of harm to the future occupants (e.g . , case of a domestic violence
shelter).
Remainder of Section - No change.
Division 5
Special Review Permits for Major Facilities
of Public Utility or Public Agency
Amend Sec. 23-2-330. Duties of Department of Planning Services.
A - No change.
B. Upon determination that a submitted application is complete, the staff of the
Department of Planning Services shall:
1 through 3 - No change.
4. Applicants for an electric TRANSMISSION LINE or gas PIPELINE which is
more than one ( 1 ) mile in length shall advertise the hearing at least once in
the newspaper designated by the Board of County Commissioners for
publication of notices a minimum of ten ( 10) days prior to the hearing date.
The advertisement shall contain a map displaying the proposed alternative
routes, along with a description of the hearing time, date and location. The
advertisement for an electric TRANSMISSION LINE or gas PIPELINE which
is more than one ( 1 ) mile in length shall be the only requirement for
notification of mineral rights owners.
Remainder of Section - No change.
Amend Sec. 23-2-370. Application requirements.
An adequate number of copies of the application for a Special Review Permit shall be
submitted by the applicant to the Department of Planning Services. An application for a Special
Review Permit shall contain the following information in such form as prescribed by the Department
of Planning Services:
A through C - No change.
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PAGE 6 ORD2007-14
D. A detailed report shall be submitted which includes information on the following
items:
1 through 13 - No change.
14. Additional information needed for POWER PLANT site proposals:
a through g - No change.
h. The written certification required by Section 24-65.5-103. 3, C. R. S. ,
if applicable. Such certification may be submitted on the date of the
initial public hearing referred to in Section 24-65.5-103( 1 ), C. R.S.
Remainder of Section - No change.
Division 8
Procedures and Requirements of PUD District
Amend Sec. 23-2-690. PUD District application requirements.
The following completed information , data and maps are required for a PUD Change of
Zone District.
A. Written Documents.
1 through 16 - No change.
17. The written certification required by Section 24-65. 5-103.3, C. R. S. , if
applicable. Such certification may be submitted on the date of the initial
public hearing referred to in Section 24-65.5-103( 1 ), C. R. S.
Remainder of Section - No change.
Amend Sec. 23-2-730. PUD Plan application requirements.
An applicant may submit an application for a PUD Plan, provided that the PUD Plan is
located within an existing PUD District. A PUD Plan may encompass all or part of a PUD District.
The uses shall be identical to those located and described on the PUD District Plat. The following
completed information, data and maps are required unless waived by the Department of Planning
Services.
A through S - No change.
T. The written certification required by Section 24-65. 5- 103.3, C. R.S. , if applicable.
Such certification may be submitted on the date of the initial public hearing referred
to in Section 24-65. 5-103( 1 ), C. R.S .
Remainder of Section - No change.
Amend Sec. 23-2-780. Duties of Board of County Commissioners.
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PAGE 7 ORD2007-14
After receipt of the Planning Commission's recommendation, the Board of County
Commissioners shall:
A through C - No change.
Delete D.
Renumber the remaining subparagraphs of Sec. 23-2-780.
ARTICLE III
Zone Districts
Division 1
A (Agricultural) Zone District
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 the completion
of a PUBLIC road improvements project. The 6-month limitation for this
TEMPORARY use may be extended in 6-month increments at the discretion of the
Director of Planning Services upto two (2) times, and thereafter by the Board of
County Commissioners.
P through T - No change.
U . Commercial towers subject to the provisions of Article IV, Division 9. However, one
( 1 ) amateur ( HAM) radio operator's crank-up antenna may be extended to a
maximum of one hundred fifty ( 150) feet in height, provided that its resting or
"down" position does not exceed seventy (70) feet in height.
V through W - No change.
X. TEMPORARY facilities for the sale of fireworks and Christmas trees.
Y. GROUP HOME FACILITY.
Z. FOSTER CARE HOME.
Amend Sec. 23-3-40. Uses by special review.
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PAGE 8 ORD2007-14
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 BB - No change.
CC. RAILROAD FREIGI IT DEPOT [RAILYARD].
DD. RESIDENTIAL THERAPEUTIC CENTER.
Division 2
Residential Zone Districts
Amend Sec. 23-3-110. R-1 (Low-Density Residential) Zone District.
A - No change.
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 R- 1 Zone District except for one ( 1 ) or more of the
following USES. Land in the R-1 Zone District must be USED in compliance with
the bulk requirements contained in Section 23-3-160 below. USES within the R-1
Zone District are subject to the additional requirements contained in Articles IV and
V of this Chapter.
1 through 5 - No change.
6. GROUP HOME FACILITY.
7. FOSTER CARE HOME.
C - No change.
D. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES
may be constructed , occupied , operated and maintained in the R-1 Zone District
upon approval of a permit in accordance with the requirements and procedures set
forth in Article II , Division 4 of this Chapter.
1 through 9 - No change.
10. RESIDENTIAL THERAPEUTIC CENTER.
Amend Sec. 23-3-130. R-3 (Medium-Density Residential) Zone District.
A - No change.
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 R-3 Zone District except for one ( 1 ) or more of the following
USES. Land in the R-3 Zone District must be USED in compliance with the bulk
requirements contained in Section 23-3-160. USES within the R-3 Zone District are
2008-0023
PAGE 9 ORD2007-14
also subject to the additional requirements contained in Articles IV and V of this
Chapter.
1 through 5 - No change.
6. GROUP HOME FACILITY.
7. FOSTER CARE HOME.
Remainder of Section - No change.
Amend Sec. 23-3-140. R-4 (High-Density Residential) Zone District.
A - No change.
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 R-4 Zone District except for one ( 1 ) or more of the
following USES. Land in the R-4 Zone District must be used in compliance with the
bulk requirements contained in Section 23-3-160 below. USES within the R-4 Zone
District are also subject to the additional requirements contained in Articles IV and
V of this Chapter.
1 through 5 - No change.
6. GROUP HOME FACILITY.
7. FOSTER CARE HOME.
Remainder of Section - No change.
Amend Sec. 23-3-150. R-5 (Mobile Home Residential) Zone District.
A - No change.
B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED and
no BUILDING or STRUCTURE shall be hereafter erected , structurally altered ,
enlarged or maintained in the R-5 Zone District, except for one ( 1 ) or more of the
following USES. Land in the R-5 Zone District must be USED in compliance with
the bulk requirements contained in Section 23-3-160 below. USES within the R-5
Zone District are subject to the additional requirements contained in Articles IV and
V of this Chapter.
1 through 5 - No change.
6. GROUP HOME FACILITY.
7. FOSTER CARE HOME.
Remainder of Section - No change.
2008-0023
PAGE 10 ORD2007-14
Division 3
Commercial Zone Districts
Amend Sec. 23-3-210. C-1 (Neighborhood Commercial) Zone District.
A - No change.
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 C-1 Zone District except for one ( 1 ) or more of the
following USES, which must be conducted in ENCLOSED BUILDINGS and in
compliance with the performance standards contained in Section 23-3-250 below.
No outside storage will be allowed in the C-1 Zone District. USES within the C-1
Zone District shall also be subject to additional requirements contained in Articles
IV and V of this Chapter.
1 through 8 - No change.
9. TEMPORARY facilities for the sale of fireworks and Christmas trees.
10. Massage parlor, subject to the additional licensing requirements of
Section 12-48.5-101 , C. R.S. , et seq .
11 . Asphalt or concrete batch plant used temporarily and exclusively for the
completion of a PUBLIC road improvements project. The 6-month limitation
for this TEMPORARY use may be extended in 6-month increments at the
discretion of the Director of Planning Services upto two (2) times, and
thereafter by the Board of County Commissioners.
C - No change.
D. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES
may be constructed , occupied , operated and maintained in the C-1 Zone District
upon approval of a permit in accordance with the requirements and procedures set
forth in Article II , Division 4 of this Chapter.
1 through 8 - No change.
9. RESIDENTIAL THERAPEUTIC CENTER.
Remainder of Section - No change.
Amend Sec. 23-3-220. C-2 (General Commercial) Zone District.
A through C - No change.
D. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES
may be constructed , occupied , operated and maintained in the C-2 Zone District
upon approval of a permit in accordance with the requirements of Article II , Division
4 of this Chapter.
2008-0023
PAGE 11 ORD2007-14
1 through 6 - No change.
7. RAILROAD FREIGI IT DEPOT [RAILYARD].
8. RESIDENTIAL THERAPEUTIC CENTER.
Remainder of Section - No change.
Amend Sec. 23-3-230. C-3 (Business Commercial) Zone District.
A through C - No change.
D. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES
may be constructed , occupied, operated and maintained in the C-3 Zone District
upon approval of a permit in accordance with the requirements of Article II , Division
4 of this Chapter.
1 through 7 - No change.
8. RAILROAD FRCIGI iT DEPOT [RAILYARDI.
9. RESIDENTIAL THERAPEUTIC CENTER.
Remainder of Section - No change.
Amend Sec. 23-3-240. C-4 (Highway Commercial) Zone District.
A - No change.
B. Uses by Right. No BUILDINGS, STRUCTURES or land shall be USED and no
BUILDING or STRUCTURE shall hereafter be erected, structurally altered , enlarged
or maintained in the C-4 Zone District except for one ( 1 ) or more of the following
USES which must be conducted in conformance with performance standards
contained in Subsection F below. USES within the C-4 Zone District shall also be
subject to additional requirements contained in Articles IV and V of this Chapter.
1 through 6 - No change.
7. TEMPORARY facilities for the sale of fireworks and Christmas trees.
8. Asphalt or concrete batch plant used temporarily and exclusively for the
completion of a PUBLIC road improvements project. The 6-month limitation
for this TEMPORARY use may be extended in 6-month increments at the
discretion of the Director of Planning Services upto two (2) times, and
thereafter by the Board of County Commissioners.
C - No change.
D. Uses by Special Review. The following BUILDINGS , STRUCTURES and USES
may be constructed, occupied , operated and maintained in the C-4 Zone District
2008-0023
PAGE 12 ORD2007-14
upon approval of a permit in accordance with the requirements of Article II , Division
4 of this Chapter:
1 through 2 - No change.
3. RESIDENTIAL THERAPEUTIC CENTER.
Remainder of Section - No change.
Division 4
Industrial Zone Districts
Amend Sec. 23-3-310. I-1 (Industrial) Zone District.
A - No change.
B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be used in the
-1 Zone District, and no BUILDING or STRUCTURE shall hereafter be erected,
structurally altered , enlarged or maintained , except for one ( 1 ) or more of the
following USES. The USES must be conducted in compliance with the
Performance Standards contained in Sections 23-3-340, 23-3-350 and 23-3-360
below.
1 through 7 - No change.
8. TEMPORARY facilities for the sale of fireworks and Christmas trees.
9. Asphalt or concrete batch plant used temporarily and exclusively for the
completion of a PUBLIC road improvements project. The 6-month limitation
for this TEMPORARY use may be extended in 6-month increments at the
discretion of the Director of Planning Services upto two (2) times, and
thereafter by the Board of County Commissioners.
C - No change.
may be constructed, occupied or maintained in the I-1 Zone District upon the
in Article II , Division 4 of this Chapter.
1 through 7 - No change.
8. RAILROAD FROG} IT DEPOT [RAILYARD].
Remainder of Section - No change.
Amend Sec. 23-3-320. 1-2 (Industrial) Zone District.
A - No change.
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PAGE 13 ORD2007-14
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, except for one ( 1 ) or more of the following USES which
must be conducted in compliance with the performance standards contained in
Sections 23-3-340, 23-3-350 and 23-3-360 below.
1 through 7 - No change.
8. TEMPORARY facilities for the sale of fireworks and Christmas trees.
9. Asphalt or concrete batch plant used temporarily and exclusively for the
completion of a PUBLIC road improvements project. The 6-month limitation
for this TEMPORARY use may be extended in 6-month increments at the
discretion of the Director of Planning Services upto two (2) times, and
thereafter by the Board of County Commissioners.
C - No change.
D. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES
in Article II , Division 4 of this Chapter:
1 through 12 - No change.
13. RAILROAD rREIGI IT DEPOT [RAILYARDI.
Remainder of Section - No change.
Amend Sec. 23-3-330. 1-3 (Industrial) Zone District.
A - No change.
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 , except for one ( 1 ) or more of the following USES which must be
conducted in compliance with the performance standards contained in Sections
23-3-340, 23-3-350 and 23-3-360 below.
1 through 9 - No change.
10. Asphalt or concrete batch plant used temporarily and exclusively for the
completion of a PUBLIC road improvements project. The 6-month limitation
for this TEMPORARY use may be extended in 6-month increments at the
discretion of the Director of Planning Services upto two (2) times, and
thereafter by the Board of County Commissioners.
C - No change.
D. Uses by Special Review. The following BUILDINGS , STRUCTURES and USES
2008-0023
PAGE 14 ORD2007-14
in Article II , Division 4 of this Chapter.
1 through 13 - No change.
14. RAILROAD [REIGI IT DEPOT [RAILYARD].
Remainder of Section - No change.
Division 5
E (Estate) Zone District
Amend Sec. 23-3-410. 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 E Zone District except
for one ( 1 ) or more of the following USES. Land in the E Zone District must be USED in
compliance with the bulk requirements contained in Section 23-3-440 below. Uses within the E
Zone District are subject to the additional requirements contained in Articles IV and V of this
Chapter.
A through G - No change.
H . GROUP HOME FACILITY.
I . FOSTER CARE HOME.
ARTICLE IV
Supplementary District Regulations
Division 4
Open Mining
Amend Sec. 23-4-250. Purpose.
Before a Special Review Permit for the location of a MINING operation, asphalt plant or
batch plant (concrete) is issued , the Planning Commission and Board of County Commissioners
shall determine through public hearings that the following plans, maps, methods and studies, which
shall accompany the application for such permits, provide adequate protection of the health, safety
and welfare of the inhabitants of the area and the COUNTY.
Amend Sec. 23-4-260. Application.
Any operator desiring such a permit shall file an application in such form as prescribed by
the Planning Commission. The application shall contain the following information:
A through C - No change.
D. The source of the applicant's legal rights to enter and to mine on the land affected
by the permit.
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PAGE 15 ORD2007-14
E - No change.
F. Whether the applicant or any affiliated person holds or has held any other permits
for MINING and an identification of such permits.
G. A detailed description of the method of operation . Such description shall include:
1 through 8 - No change.
9. The source of technical advice in that type of reclamation for the proposed
MINING .
Insert new 10 . If Applicable, for MINING that includes the recovery of the
resources by processing on site, i.e. , In-Situ MINING : The
applicant shall provide to the Department of Planning
Services, evidence of compliance with all State and Federal
Regulatory agencies whom may have a permitting interest in
the extraction of the mineral resource, including at a
minimum , written evidence that the appropriate permit has
been approved and granted by each regulatory agency.
Renumber existing subparagraphs 10 through 13 of Sec. 23-4-260. G .
14. The application should address the following items:
a. Water Consumption:
1 ) An analysis of the amount of water which will be required to
be replaced for each phase of the MINING operation and
build out.
2) The analysis should address the amount of water consumed
in the MINING and processing of the material , including dust
suppression.
3) through 4) - No change.
b. Water Replacement Source:
1 ) A description of the surface and well water rights and its
anticipated yield , when converted , to be used as replacement
for the water consumed in the MINING operation.
Remainder of Section - No change.
Amend Sec. 23-4-280. Supporting documents.
The following documents or any other similar documents shall be submitted by the applicant
if deemed necessary by the Board of County Commissioners for the protection of the health, safety
and welfare of the inhabitants of the County.
2008-0023
PAGE 16 ORD2007-14
A - No change.
B. Plans for obtaining water supplies to replace water consumed by MINING and
processing of the material , including dust control , consumed for domestic purposes
by employees, and consumed by evaporative losses from exposed groundwater.
C through D - No change.
E. An applicant for in-situ solution mining shall submit written evidence of approval for
all federal and state regulatory agency permits.
Add Appendix 23-F - ATTACK IED
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 2007-14 was, on motion duly made and
seconded , adopted by the following vote on the 4th day of February, A. D. , 2008.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
William H . Jerke, Chair
Weld County Clerk to the Board
Robert D. Masden , Pro-Tem
BY:
Deputy Clerk to the Board
William F. Garcia
APPROVED AS TO FORM :
David E. Long
County Attorney
Douglas Rademacher
2008-0023
PAGE 17 ORD2007-14
Publication: November 21 , 2007
First Reading : December 10, 2007
Publication: December 19, 2007, in the Fort Lupton Press
Second Reading: January 2, 2008
Continued to: January 16, 2008
Publication: January 23, 2008, in the Fort Lupton Press
Final Reading : February 4, 2008
Publication: February 13, 2008, in the Fort Lupton Press
Effective: February 18, 2008
2008-0023
PAGE 18 ORD2007-14
APPENDIX 23-F
Supplemental Planning Document
I. GENERAL PROVISIONS
A. TITLE/CITATION
The regulations set forth in this Supplemental Planning Document shall be officially kn n and
cited as the Weld County Procedures and Design Standards: Uniform Baseline Des" n
Standards for Freight Railroad Yards and all ancillary structures and uses of e land in
association with rail developments.
B. PURPOSE
The intent of this supplemental document is to establish b line t_a rds for new
development activities in unincorporated Weld County. /
These standards implement the Weld County Unifor Bas ' sign Standards for Freight
Railroad Yard and all ancillary structures and uses f the I d in association with railroad
yard developments and promote the health, safety an gen ral welfare of the residents of
Weld County by encouraging high quality in the si ' orga zation, and construction of new
commercial and industrial developments in Wel nty, ore specifically, by:
Promoting new commercial and in stri devel mentthat is distinctive, has character,and
relates and connects to estab'shed Id Co ty developments;
Encouraging site planning t a co moda s and responds to the existing natural and built
environment on and ad' nt t h ite, including preservation of existing trees,vegetation,
and manmade cu \ reso ces such s agricultural buildings and irrigation ditches;
Encouraging organiza o new c mercial and industrial development into cohesive
developments that are saf ,
Encouraging connections within d between new commercial and industrial development
and adjacent and surrounding r sidential, commercial and industrial development(existing
or planned), land uses(such as schools, shopping, and employment), and parks and open
space/trail systems; /
Providing variety in commercial and industrial design and type in order to reduce the adverse
visual monotony of co mercial and industrial design often associated with large-scale
commercial and indusal development.
Provide safe commercial and industrial developments through the use of Crime Prevention
Through Environpental Design Principles
C. APPLICABILITY /
All freight railroad yard developments, including all commercial and industrial ancillary
structures an uses of the land in association with rail developments,
that are sub itted for review after the effective date of these Standards unless there is an
agreeme in place at time of proposed annexation that negates grandfather status.
If the tandards are different in Commercial Development than in Industrial Development, the
Se ion will be broken up into two (2)sections to designate the differences.
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