HomeMy WebLinkAbout20080885.tiff NOTICE OF
FINAL READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2007-14 was introduced on
first reading on December 10, 2007, and a public hearing and second reading was held on
January 2, 2008, and continued to January 16, 2008. A public hearing and final reading was
completed on February 4, 2008, with no change being made to the text of said Ordinance, and on
motion duly made and seconded, was adopted. Effective date of said Ordinance is listed below.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third
Floor, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or
may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages
sent to an individual Commissioner may not be included in the case file. To ensure inclusion of
your E-Mail correspondence into the case file, please send a copy to
egesick@co.weld.co.us.
ORDINANCE NO. 2007-14
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE
EFFECTIVE DATE: February 18, 2008
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: February 8, 2008
PUBLISHED: February 13, 2008, in the Fort Lupton Press
DEO L:2&' 7-/Y
2008-0885
PROOF OF PUBLICATION NOTICEOF
FINAL READING OF
FORT LUPTON ORDINANCE
Pursuant to the Weld County
STATE OF COLORADO Home Rule Charter, Ordinance
Number 2007-14 was introduced
SOUNTY OF WELD SS. on first reading on December 10,
2007, and a public hearing and
second reading was held on
January 2,2008,and continued to
January 16, 2008. A public
hearing and final reading was
completed on February 4, 2008,
I, Karen Lambert, do solemnly swear that I with no change being made to the
text of said Ordinance, and on
am the Publisher of the Fort Lupton Press; motion duly made and seconded,
was adopted. Effective date of
that the same is a weekly newspaper printed said Ordinance is listed below.
Any backup material, exhibits or
and published in the County of Weld, State information previously submitted
to the Board of County
of Colorado, and has a general circulation Commissioners concerning this
matter may be examined in the
therein; that said newspaper has been office of the Clerk to the Board of
County Commissioners,located in
published continuously and uninterruptedly the Weld County Centennial
Center, 915 10th Street, Third
in said county of Weld for a period of more Floor,Greeley,Colorado,between
the hours of 8:00 a.m. and 5:00
'than fifty-two consecutive weeks prior to the p.m., Monday thru Friday,or may
be accessed through the Weld
first publication of the annexed legal notice County Web Page
(www.co.weld.co.us). E-Mail
or advertisement; that said newspaper has messages sent to an individual
Commissioner may not be
been admitted to the United States mails as included in the case file. To
ensure Inclusion of your E-Mail
second-class matter under the provisions of correspondence into the case
the, please send a copy the act of March 3, 1879, or any egesick@co.weld.co.us.
sick@co.weldcaus.
amendments thereof, and that said ORDINANCE NO.2007-14
newspaper is a weekly newspaper duly ORDINANCE TITLE: IN THE
MATTER OF REPEALING AND
qualified for publishing legal notices and REENACTING, WITH
AMENDMENTS, CHAPTER 23
advertisements within the meaning of the ZONING, OF THE WELD
COUNTY CODE
laws of the State of Colorado. That the EFFECTIVE DATE: February 18,
nnexed legal notice or advertisement was 2008
blished in the regular and entire issue of BOARD OF COUNTY
COMMISSIONERS
very number of said weekly newspaper for WELD COUNTY,COLORADO
the period of 1 consecutive insertion(s); and DATED:February 8,2008
PUBLISHED:February 13,2008,
that the first publication of said notice was in in the Fort Lupton Press
the issue of newspaper, dated 13th day of
February, 2008, and the last on the 13th day
of February, 2008.
C'vta— \ �Gr
Publisher. Subscribed and sworn b p0,\t.opc;
8th day of February, 2008. w N07ARy
tJ1 v o O
1.� ` �S- y PUBU� a
E,
Notary Public.
CASE NO.401951 key 49692
NOTICE OF
SECOND READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2007-14 was introduced on
first reading on December 10, 2007, and a public hearing and second reading was held on
January 16, 2008,which was continued from January 2, 2008, with changes being made as listed
below. A public hearing and third reading is scheduled to be held in the Chambers of the Board,
First Floor Hearing Room, 915 10th Street, Greeley, Colorado 80631, on February 4, 2008. All
persons in any manner interested in the next reading of said Ordinance are requested to attend
and may be heard.
Please contact the Clerk to the Board's Office at phone (970) 336-7215, Extension 4225, or fax
(970)352-0242, prior to the day of the hearing if, as a result of a disability, you require reasonable
accommodations in order to participate in this hearing.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third
Floor, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or
may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages
sent to an individual Commissioner may not be included in the case file. To ensure inclusion of
your E-Mail correspondence into the case file, please send a copy to
egesick@co.weld.co.us.
ORDINANCE NO. 2007-14
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE
DATE OF NEXT READING: February 4, 2008, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: January 17, 2008
PUBLISHED: January 23, 2008, in the Fort Lupton Press
CHANGES MADE TO CODE ORDINANCE #2007-14 ON SECOND READING
Amend Sec. 23-1-90. Definitions.
Delete definition for RAILROAD FREIGHT DEPOT [RAILYARD]
Delete Amendment of Sec. 23-2-240. Design Standards.
Amend Sec. 23-3-20.O, to read as follows:
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.
Delete Sec. 23-3-40.CC, and reletter accordingly.
Amend Sec. 23-3-210.6.11, to read as follows:
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.
Delete Sec. 23-3-220.D.7, and renumber accordingly.
Delete Sec. 23-3-220.D.8, and renumber accordingly.
Amend Sec. 23-3-240.6.8, to read as follows:
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.
Amend Sec. 23-3-310.B.9, to read as follows:
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.
Amend Sec. 23-3-320.6.9, to read as follows:
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.
Amend Sec. 23-3-330.B.10, to read as follows:
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.
Delete Appendix 23-F.
PROOF OF PUBLICATION NO T I READING OF project.The 6?month limitation for
FORT LUPTON ORDINANCE this TEMPORARY use may be
extended in 6?month increments
STATE OF COLORADO Pursuant the Weld County atPlanning
the discretion of the Director of
Home Rule Charter, intduced times,
a Services eet upto B (2)
Number 2007-14 was introduced times,and thereafter by the Board
COUNTY OF WELD SS. on first reading on December 10, of County Commissioners.
2007, and a public hearing and
second reading was held on Delete Sec. 23-3-220.D.7, and
January 16, 2008, which was renumber accordingly.
continued from January 2, 2008,
with changes being made as listed Delete Sec. 23-3-220.D.8, and
below. A public hearing and third renumber accordingly.
I, Karen Lambert, do solemnly swear that I reading is scheduled to be held in
the Chambers of the Board, First Amend Sec.23-3-240.B.6,to read
am the Publisher of the Fort Lupton Press; Floor Hearing Room, 915 10th as follows:
Street, Greeley, Colorado 80631,
that the same is a weekly newspaper printed on February 4, 2008. All persons 8.Asphalt or concrete batch plant
in any manner interested in the used temporarily and exclusively
and published in the County of Weld, State next reading of said Ordinance are for the completion of a PUBLIC
requested to attend and may be road improvements project. The
of Colorado, and has a general circulation heard. 67month limitation for the
TEMPORARY use may be
therein; that said newspaper has been Please contact the Clerk to the extended in 6?month increments
Board"s Office at phone(970)336- at the discretion of the Director of
published continuously and uninterruptedly 7215,Extension 4225,or fax(970) Planning Services upto two (2)
352?0242, prior to the day of the times,and thereafter by the Board
in said county of Weld for a period of more hearing if, as a result of a of County Commissioners.
disability, you require reasonable
than fifty-two consecutive weeks prior to the accommodations in order to Amend Sec.23-3-310.B.9,to read
participate in this hearing. as follows:
first publication of the annexed legal notice Any backup material, exhibits or 9.Asphalt or concrete batch plant
or advertisement; that said newspaper has information previously submitted used temporarily and exclusively
to the Board of County for the completion of a PUBLIC
been admitted to the United States mails as Commissioners concerning this road improvements project. The
matter may be examined in the 67month limitation for this
second-class matter under the provisions of office of the Clerk to the Board of TEMPORARY use may be
County Commissioners, located in extended in 6?month increments
the act of March 3, 1879 or any the Weld County Centennial at the discretion of the Director of
Center, 915 10th Street, Third Planning Services upto two (2)
amendments thereof, and that said Floor,Greeley.Colorado,between times,and thereafter by the Board
the hours of 8:00 a.m. and 5:00 of County Commissioners,
newspaper is a weekly newspaper duly p.m., Monday thru Friday, or may
be accessed through the Weld Amend Sec.23-3-320.B.9,to read
qualified for publishing legal notices and County Web Page as follows:
(www.co.weld.co.us). E-Mail
advertisements within the meaning of the messages sent to an individual 9.Asphalt or concrete batch plant
laws of the State of Colorado. That the Commissioner may not be used temporarily and exclusively
included in l the case file. To for the completion t of a PUBLIC
The
ensure Inclusion of your E-Mall road improvements project. The
annexed legal notice or advertisement was correspondence Into the case 6?month limitation for this
file, please send a copy to TEMPORARY use may be
published in the regular and entire issue of egesick@co.weld.co.us. extended in 6?month increments
at the discretion
every number of said weekly newspaper for dg Services h Di`of rve[c two
hem ORDINANCE NO.2007-14 al (2)
times,and thereafter by the Board
the period of 1 consecutive insertion(s); and ORDINANCE TITLE: IN THE of County Commissioners.
MATTER OF REPEALING AND
that the first publication of said notice was in REENACTING, WITH Amend Sec. 23-3-330.8.10, to
AMENDMENTS, CHAPTER 23 read as follows:
the issue of newspaper, dated 23rd day of ZONING, OF THE WELD
COUNTY CODE 10.January, 2008, and the last on the 23rd day pa Asphalt
or batch
plant used temporarily nd
DATE OF NEXT READING: exclusively for the completion of a
of January, 2008. February 4,2008,at 9:00 a.m. PUBLIC road improvements
project.The 6?month limitation for
BOARD OF COUNTY this TEMPORARY use may be
COMMISSIONERS extended in 6?month increments
WELD COUNTY,COLORADO at the discretion of the Director of
Planning Services upto two (2)
DATED:January 17,2008 times,and thereafter by the Board
PUBLISHED: January 23, 2008, of County Commissioners.
in the Fort Lupton Press
Delete Appendix 23-F.
CHANGES MADE TO CODE
ORDINANCE #2007-14 ON
SECOND READING
Amend Sec.23-1-90.Definitions.
Delete definition for RAILROAD
FREIGHT DEPOT IRAILYARD]
Delete Amendment of Sec.
240.Design Standards.
w L Amend Sec.23-3-22 0.0,to read as as
follows'.
g\LOP� O.Asphalt or concrete batch plant
Publisher. Subscribed and sworn b used temporarily and exclusively
Q for the completion of a PUBLIC
18th day of January, 2008. 0 NOTARY road improvements project. The
6?month limitation for this
^ �,-, TEMPORARY use may be
�\/ v Q extended in 6?month increments
at the discretion of the Director of
�� , 1 in
PUMP
G n ,p Planning Services upto two (2)
tif `��'\ � Z tv of Co,my thereafter the Board
+l._) L 4 %,..„,.op
O �O— sn, of county Commissioners.
RCO E5
'‘Si EX'P Delete Sec. 23-3-40.CC, and
Notary Public. reletter accordingly.
Amend Sec. 23-3-210.8.11, to
read as follows: CASE NO.401951 key 49201
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,HO• ME:.•A facility certified b•y• the county,o•r a• child•placement agency for
•chip care to the residence of a person orfamily for the purpose of providing twenty-fourhour care
for_one or more children under the age of twentyone(21Iiiiiihatnay or may not be related to:the
head of_the household. Medical foster care homes, as defin :by C.R:S:. 26-2-1:02,areincluded
in#ft4 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:
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, CAS., 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
Co . ..
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, ()rand subterranean excavation.
RAILROAD FREIGHT DEPOT:1RAILYARD1: A heavyTail.:facility:.for freight pick-up or
distribution, may include intermodal distribution facilities and trahsloading operations for truck or
shipping transport. Ancillary facilities associated with the:railyard facility may include 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.
B. Upon determination that the application submittal is complete, the Department of
Planning Services shall:
1 through 3 - No change.
Delete 4. Give notice of the proposed Change of Zone and the public hearing
date to those persons listed in the application as owners and lessees
of the mineral estate on or under the parcel under consideration.
Such notification shall be mailed, first class, not less than ten (10)
days before the scheduled public hearing. Such notice i3 not
required by state statute and is provided as a courtesy to the owners
and Ic33ccs of the mineral estate on or under the parcel. Inadvertent
crror3 by the applicant in supplying such lizt or the Department of
Planning Service° in sending such notice shall net create a
jurisdictional defect in the hearing process, even if such error results
in the failure of a surrounding property owner to receive such
notification.
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. Give notice of the proposed Change of Zone and the public hearing
date to those persons listed in the application as owners and lessees
of the mineral estate on or under the parcel under consideration.
much notification shall be mailed, first class, not less than then (10)
days before the scheduled public hearing. Such notice is not
required by state statute and is provided as a courtesy to the owners
and Ic33cc3 of the mineral estate on or under the parcel.
Inadvertent errors by the applicant in supplying such list or the Board
of County Commissioners in sending such notice shall not create a
jurisdictional defect in the hearing process,even if such error results
in the failure of a surrounding property owner to receive such
notification.
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. An affidavit listing the names and addresses of mineral owners andiessees
of mineral owners on or under the parcel of land being considered. The list
shall be prepared from the real property records by a person qualified to
perform the task, and shall be current as of a date no more than thirty(30)
days prior to the date the application is submitted to the Department of
Planning Dervices.The written certification required by Section
24-65.5-103.3,CRS.,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.
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 the Division of the
Army Corps of Engineer3Colorado 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.
Delete 3. Give notice of the application for a Special Review rcrmit and thc
public hearing date to those persons listed in the application as
owners and lessees of the mineral estate on or undcr thc pared
under consideration. Such notification shall be mailed, first class,
not leas than ten (10) days before the scheduled public hearing.
Cuch notice is not required by state statute and is provided as a
courtesy to the owners and lessees of the mineral estate on or under
the parcel. Inadvertent errors by the applicant in supplying such list
or the Department of Planning Services in sending such notice shall
iut create a jurisdictional defect;n the hearing process,even if sAU r
error results in the failure of a surrounding property owner to receive
..awl n ivtifiUatiui r.
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. Give notice of the application for a special use permit and the public
hearing date to those persons listed in the application as owners and
IC33cc3 of the mineral c3tate on or under the parcel under
consideration. Such notification shall be mailed, first class, not le3s
than ten(10)day3 before the scheduled public hearing. Ouch notice
is not required by state statute and is provided as a courtesy to the
owners and le3see3 of the mineral estate on or under the parcel.
Inadvertent errors by the applicant in supplying such list or the Board
of County Commissioners in sending such notice shall not create a
jurisdictional defect in the hearing process,even if such error results
in the failure of a surrounding property owner to receive such
notification.
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
following design standards in the application and shall continue to meet these
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. An affidavit listing the names and addresses of all mineral owners and
lessees of mineral owners on or under the parcel of land being considered.
The list shall be prepared from the real property records by a person
qualified to do the task, and shall be current as of a date no more than thirty
(30)days prior to the date the application is submitted to the Department of
Planning Service3.The written certification required by Section
24-65.5-103.3,C.RS.,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. A sign shall be posted for the applicant on the property under
consideration for a Use by Special Review permit. The sign shall be
posted adjacent to and visible from a publicly maintained road
right-of-way. In the event the property under consideration is not
adjacent to a publicly maintained road right-of-way,one(1)sign shall
be posted in the most prominent place on the property and a second
sign posted at the point at which the driveway (access drive)
intersects a publicly maintained road right-of-way. The sign shall be
posted at least ten(10)days prior to the hearing and evidenced with
a photograph. The sign will include the following information:
a. Use by Special Review number.
b. Date, time and place of public hearing.
c. Location and telephone number of the public office where additional
information may be obtained.
d. The applicant's namc.
f. Type of reque3t.
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:
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. Give notice of the application for a Special Review Permit and the public
hearing date to those persons listed in the application as owners and
lessees of the mineral estate on or under the parcel under consideration.
Such notification shall be mailed, first class, not less than tcn (10) daya
before the scheduled public hearing. Such notice is not required by state
statute and is provided as a courtesy to the owners and Ic3scca of the
mineral estate on or under the parcel. 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 hearing process,
even if such error results in the failure of a surrounding property owner to
fCCCiVC such notification. I lowever, aApplicants 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.
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.
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. An affidavit listing the names and addresses of mineral owners and
lessees of mineral owners on or under the parcel of land being
considered. The list shall be prepared from the real property records
by a person qualified to do the task, and shall be current as of a date
no more than thirty (30) days prior to the date the application is
submitted to the Department of Planning Services.The written
certification required by Section 24-65.5-103.3,C.RS.,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. An affidavit listing the names and addresses of mineral owners and lessees
of mineral J owners on or under the parcel of land being considered. The list
l IU 1V Nitpan..411 LA i HI is ft al-prupci ty uahf ivkl-tu dv
the task, and shall be current as of a date no more than thirty(30)days prior
to the date the application i3 submitted to the Department of Planning
Cervices.The written certification required by Section 24-65.5-103.1 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. An affidavit listing the names and addresses of mineral owners and lessees of
mineral owners on or under the parcel of land being considered. The list shall be
prepared from the real property records by a person qualified to do the task, and
shall be current as of a date no more than thirty (30) days prior to the date the
application is submitted to the Department of Planning Cervices.The written
certification required by Section 24-65.5-103.3, C.R.S., if applicable. f 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.
After receipt of the Planning Commission's recommendation, the Board of County
Commissioners shall:
A through C - No change.
Delete D. Give notice of the proposed f UD Plan and the public hearing date to those
persons listed in the application as owners and lessees of the mineral estate
on or under the parcel under consideration. Such notification shall be
mailed, first class, not less than fourteen (14) days before the scheduled
public hearing. Such notice is not required by state statute and is provided
as a courtesy to the owners and lessees of the mineral estate on or under
the parcel. Inadvertent errors by the applicant in supplying such list or the
Board of County Commissioners in sending such notice shall not create a
jurisdictional defect in the hearing process, even if such error results in the
failure of a surrounding property owner to receive such notification.
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.
P through T - No change.
U. Commercial towers subject to the provisions of Section 23-4-80@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.
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 FREIGHT 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
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.
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.
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.
1 through 6 - No change.
7. RAILROAD FREIGHT 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 FREIGHT DEPOT IRAILYARD)
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.
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
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
I-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.
C - No change.
D. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES
may be constructed, occupied or maintained in the I-1 Zone District upon the
approval of a permit in accordance with the requirements and procedures set forth
in Article II, Division 4 of this Chapter.
1 through 7 - No change.
8. RAILROAD FREIGHT DEPOT [RAILYARD].
Remainder of Section - No change.
Amend Sec. 23-3-320. 1-2 (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 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.
C - No change.
D. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES
may be constructed, occupied or maintained in the 1-2 Zone District upon the
approval of a permit in accordance with the requirements and procedures set forth
in Article II, Division 4 of this Chapter.
1 through 12 - No change.
13. RAILROAD FREIGHT DEPOT [RAILYARD]
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.
C - No change.
D. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES
may be constructed, occupied or maintained in the 1-3 Zone District upon the
approval of a permit in accordance with the requirements and procedures set forth
in Article II, Division 4 of this Chapter.
1 through 13 - No change.
14. RAILROAD FREIGHT 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 an-open-mininga 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 open mine on the land
affected by the permit.
E - No change.
F. Whether the applicant or any affiliated person holds or has held any other permits
for open cut miningMINING 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 open cut
mining landthe 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.
4314. 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 miningMINING operation
and build out.
2) The analysis should address the amount of water consumed
in the i.i „gMINING 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 miningMINING 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.
A- No change.
B. Plans for obtaining water supplies to replace water consumed by rninrngM1NING
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 —ATTACHED
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.
NOTICE
PURSUANT to the Weld County Home Rule Charter, Ordinance Number 14 published above,was
introduced and,on motion duly made and seconded,approved upon first reading on December 10,
2007. A public hearing and second reading is scheduled to be held in the Chambers of the Board,
First Floor Hearing Room, 915 10th Street, Greeley, Colorado 80631, on January 2, 2008, 2007.
All persons in any manner interested in the reading of said Ordinance are requested to attend and
may be heard.
Please contact the Clerk to the Board's office at phone (970) 336-7215, Extension 4225, or fax
(970) 352-0242, prior to the day of the hearing if, as the result of a disability, you require
reasonable accommodations in order to participate in this hearing.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners, located in the Weld County Centennial Center, Third Floor, 915 10th
Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or
may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages
sent to an individual Commissioner may not be included in the case file. To ensure inclusion of
your E-Mail correspondence into the case file, please send a copy to
egesick@co.weld.co.us.
SECOND READING: January 2, 2008, 2007, at 9:00 a.m.
THIRD READING: January 21, 2008, 2007, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: December 14, 2007
PUBLISHED: December 19, 2007, in the Fort Lupton Press
WELD COUNTY I I I c.Agroup of not more than 8 persons
with a mental illness, as specified
12007-14 CODE ORDINANCE I and limited by Section 30-28-115,
• C.R.S., living in a state-licensed
group home;or
EALING
. IN THE MATTER OF REPEALING
Affidavit of Publication AND REENACTING, WITH I d. A group ofnot more than 8
AMENDMENTS, CHAPTER 23 persons 60 years of age or older
STATE OF COLORADO ZONING,OF THE WELD COUNTY who do not need nursing facilities.
County of Weld SS. CODE
Group homes that do not meet the
I Karen Lambert of said County of Weld being
BE IT ORDAINED BY THE BOARD conditions listed above, or which
duly sworn.say that am publisher of ed
OF COUNTY COMMISSIONERS 750 re proposed
feet of an o existinggat GROUP
I
OF THE COUNTY OF WELD, HOME FACILITY or RESIDENTIAL
STATE OF COLORADO: THERAPEUTIC CENTER, shall
Fort Lupton Press
WHEREAS, the Board of Coun be considered RESIDENTIAL
ty THERAPEUTIC CENTERS for
that the same is a weekly newspaper of general Commissioners of the County of purposes of this Code.
circulation was printed and published in the Weld, State of Colorado, pursuant
town of to Colorado statute and the Weld MINING: The act of recovering
County Home Rule Charter,is vested
FORT LUPTON PRESS with the authority of administering -
the in said county and state that the notice of I affairs of Weld County,Colorado, mineral, sand, gravel, quarry,
and
coal or other resources from the
advertisement, of which the annexed is a true I ground. MINING shall include, but
copy has been published in said weekly i WHEREAS, the Board of County not be limited to, recovery of the
newspaper for ONE consecutive weeks. that I Commissioners, on December 28, resources by processing on site
the notice was published in the regular and 12000, adopted Weld County Code (including 'in-situ; solution, and
entire issue of every number of said newspaper I Ordinance 2000-1, enacting a other extractive methods), open pit
r theperiod aydumber usaid newspaper I comprehensive Code for the County excavation,wet or dryplt excavation,
duringP I of Weld,including the codification of and subterranean excavation.
notice and in the newspaper proper and not in all previously adopted ordinances
a supplement thereof. that the first publication I of a general and permanent nature RAILROAD FREIGHT DEPOT
of said notice was contained in the issue of said I enacted on or before said date of [RAILYARD]: A heavy rail facility
newspaper bearing the date 19TH day of adoption,and for freight pick-up or distribution;
DECEMBER, 2007 and the last publication ! WHEREAS,the Weld County may include intermodal distribution
19TH day of DECEMBER,2007 thereof,in the I is in need of revision and clarification for factlltructies k or d re shipping
trans ort.
issue of said newspaper,bearing date, that the with regard toPF o
9 procedures, terms, Ancillary facilities associated with
said I and requirements therein. the railyard facility may include
warehouses for freight and
FORT LUPTON PRESS NOW, THEREFORE, BE IT supporting office operations.
I ORDAINED by the Board of County
has been published continuously and Commissioners of the County of RESIDENTIAL THERAPEUTIC
Weld,State of Colorado,that certain I CENTER: A DWELLING UNIT
uninterruptedly during the period of at least i existing Chapters of the Weld County which is not specifically designated
fifty-two consecutive weeks next prior to the Code be, and hereby are, repealed I as a GROUP HOME FACILITY and
first issue thereof containing said notice or and re-enacted, with amendments, which provides a community living
advertisement above referred to and that said I and the various Chapters are revised ' environment for individuals requiring
newspaper was at the time of each of the ' to read as follows. I custodial care, medical treatment,
publications of said notice duly qualified for that i or specialized social services. This
CHAPTER 23
purpose within the meaning of an act entitled. ZONING •
definition includes any number of
e
"An Act Concerning Legal Notices. people who live intogdependently, ack
Advertisements and Publications and the Fees I ARTICLE I ability beent live iere into the
or who
have ordered into the , by
Printers and Publishers thereof. and to General Provisions acouR of competent jurisdiction,and
Repeal all Acts and Parts of Acts in Conflict . who require the support,supervision
with the Provisions of this Act" approved April Amend Sec.23-1-B0. Definitions, and care of adults who may not be
7, 1921, and all amendments thereof, and related. The definition includes,
particularly as amended by an act approved, For the purposes of this Chapter, but is not limited to, the following:
certain terms or words used herein specialized group child care home,
March 30. 1923.and an act approved May 13, i shall be interpreted as defined in facility or center; residential child
1931 this Section. The following specific care facility; residential treatment I
, words and phrases when appearing facility; shelters for the homeless;
in this Chapter in uppercase letters, shelters from domestic violehce;
shall have the meanings stated in residential facilities for those living •
this Section: together as a result of criminal I
offenses; homes for individuals
s--r ' �I FOSTER CARE HOME.or facility that ID HIV positive or afflictedniionoes
/y` m tb the for are child the AIDS virus. This definition ioe
W�s�' • ' I placement agency for childo care in not include correctional facilities.
the resiposed oof providinga nn twentylffur
the purpose nom twenty-four ARTICLE II
hour care for one more children Procedures and Permits •
under the age oftwenty-onee (21),
o
Publisher who may or may not be related to Division 1 •
the head of the household.Medical Amendments to Zoning Map
foster care homes, as defined by
Subscribed and sworn to before me this C.R.S.26-2-102,are included in this Amend Sec. 23-2-20. Duties of
definition. Department of Planning Services.
19TH day DECEMBER,2007 A.D.
GROUP HOME FACILITY: A A-No change.
C1`, DWELLING UNIT which is licensed
CI fl/� /IC
'� by the state and/or authorized or B. Upon determination that the
lx�-v regulated by either the state or application submittal is complete,
Notary Public federal govemment or both, and the Department of Planning Services
139 NORTH MAIN ' which provides non-institutionalized shall:
BRIGHTON,CO 80601 housing for a group of persons
living as a single housekeeping 1 through 3-No change.
unit,as determined by reference to
LOP • C.R.S. 30-28-115, 31-23-301, and ' Delete4.
Q2 31-23-303,as these provisions may
—�� be amended from time to time. A Renumber the remaining
0 0-T p fir\ GROUP HOME FACILIY shall be for subparagraphs of Sec.23-2-20.B.
1
—\/ one of the following groups:
�'\,- Remainder of Section-No change.
a. A group of no more than 8
\\N„.......
handicapped persons living in i Amend Sec. 23-2-40. Duties of
c t f\ a state-licensed group home or Board of County Commissioners.
� p'.i- ,1- independent living center,as defined
O'7, by C.R.S.26-8.1-102;or . A. The Board of County
c0� OF CO\--j_. Commissioners shall:
/i(. b.A group of no more isan 8 persons(see
SStn+.)E',' with developmental disabilities(see 1 through 4-No change.
C.R.S. 27-10.5-102 and C.R.S. I
30-28-115)living in a state-licensed I Delete 5.
group home or community residential
home:or
Renumber the remaining H. The applicant or owner
subparagraphs of Sec.23-2-40A shall submit an improvements 7. For a RESIDENTIAL 17. The written certification
' Remainder of Section-No change. agreement agreeing to construct THERAPEUTIC CENTER,submittalrequired
the required improvements as of a report demonstrating the by Section 24-65.5-103.3,C.R.S.,if
need for the facility; data about applicable. Such certification may
I Amend Sea 23-2-50. Application shown
tsupphe ort icatig ocuon, ments.lans,
the background, experience, and be submitted onthe date of the initial
I requirements for Change of Zone. The agreement shall be made in financial capacity of the proposed public hearing
0 referred to in Section
!'I A-No change. conformance with the County policy operator, applicable licenses; ( ),C.R.S.
on collateral for improvements. The and, analysis of the impact of the
agreement shall be approved by the facility to the area, and any other Remainder of Section-No change.
I B. The following information shall be Board prior to recording the final information relevant to evaluating the Amend Sec. 23-2-730. PUD Plan
submitted on or with an application compatibility of the proposed facility
i form which may be obtained from the exhibit or plat,if applicable. application requirements.
The County may waive or mod' Q
Department of Planning Services: Amend Sec. 23-2-210. Duties of these requirements, particularly if
Department of Planning Services. there is a risk of harm to the future An applicant may submit an
I 1 through 9-No change. occupants(e.g.,case of a domestic application for a PUD Plan,provided
Any person wanting to apply for a violence shelter). that the PUD Plan is located within
The written certification.510 Use by Special Review shall arrange an existing PUD District.APUD Plan
I required by Section 24-65.5-103." for a preapplication conference Remainder of Section-No change. may encompass all or part of a PUD
CRS., if applicable. St...n with the Department of Planning District. The uses shall be identical
I certification may be submitted on Services. Division 5 to those located and described on
I the date of the initial public hearing Special Review Permits for Major the PUD District Plat. The following
referred to in Section 24-65.5-103(1), I A-No change. Facilities completed information, data and
i
C.R.S. of Public Utility or Public Agency maps are required unless waived
B. Upon determination that the by the Department of Planning
Division 3 application submittal is complete, Amend Sec. 23-2-330. Duties of Services.
I Site Plan Review ' the Department of Planning Services Department of Planning Services. A through S-No change.
shall: A-No change.
Amend Sec. 23-2-150. Intent and T. The written certification required
applicability. I 1 through 2-No change. submitted
determination that a by Section 24-65.5-103.3,C.R.S.,if
through L-No change. Delete 3. submitted application is complete, applicable. Such certification may
the staff of the Department of be submitted on the date of the initial
M. The applicant or owner • Renumber the remaining Planning Services shall: public hearing referred to in Section
shall submit an improvements subparagraphs of Sec.23-2-210.8. 24-65.5-103(1),C.R.S.
agreement agreeing to construct I l through 3-No change.
the required improvements as Amend Sec. 23-2-230. Duties of Remainder of Section-No change.
shown in the application, plans, Board of County Commissioners. 4. Applicants for an electric
. corer supporting documents. TRANSMISSION LINE or gas Amend Sec. 23-2-780. Duties of
A. The Board of County PIPELINE which is more than one Board of County Commissioners.
The agreement shall be made in Commissioners shall: (1) mile in length shall advertise
g the hearing at least once in the After receipt of the Planning
conformance with pro County. The hy newspaper designated by the Commissions recommendation,the
on agreement
for improvements. 1 through 3-No change. Board of County Commissionrs for Board of County Commissioners
B dmpri r shall re or approved by the
I Board prior to recording the final Delete 4. publication10a s notices a minimum of shall:
exhibit or plat,if applicable. ten(10)tlayis menthehall ng nate.
Renumber the remaining The advertisement shall contain A through C-No change.
Amend Sec. 23-2-160. Application subparagraphs of Sec.23-2-230.A. a map displaying the proposed
requirements for site plan review. alternative routes, along with a Delete D.
Remainder of Section-No change. description of the hearing time,date
Any person wanting to apply for a and location. The advertisement for Renumber the remaining
Site Plan Review shall arrange for an electric TRANSMISSION LINE or subparagraphs of Sec.23-2-780.
' a preapplication conference with the Amend Sec. 23-2-240. Design gas PIPELINE which is more than
Department of Planning Services. standards. one (1) mile in length shall be the ARTICLE III
The purpose of the application is to only requirement for notification of Zone Districts
give the applicant an opportunity to A. An applicant for a Use by mineral rights owners. Division 1
demonstrate, through written and Special Review shall demonstrate Remainder of Section-No change. A(Agricultural)Zone District
graphic information,howthe proposal compliance with the following design •
complies with the standards of this standards in the application and shall mend Sec.23-3-20. Uses allowed
Amts.en
I Chapter. The following supporting continue to meet these standards if nd Sec. 23-2-370. Application by Amend
documents shall be submitted as a approved for DEVELOPMENT. Amedme c.
part of the application: No BUILDING,STRUCTURE or land
1 through 11 -No change. I' An adequate number of copies of shall be USED and no BUILDING I
A through BB-No change. I the application for a Special Review or STRUCTURE shall hereafter be I
12. The design stashall ndards s lyt forth Permit shall be submitted by the ' erected,structurallyaltered,enlarged 1
agreement
If applicable,anexecuted improvements e inby Appendix Spe23cial
F Review apply applications o nll I applicant to the Department of or maintained in the A(Agricultural)
app licant isgr by the Use by SLROA RIHTDEO Planning Services. An application Zone District except for one (1) or
applicant This agreement shall for a RAILROAD FREIGHT DEPOT for a Special Review Permit shall more of the following USES. Land
be in accordance with the County [RAILYARD]. contain the following information in the A(Agricultural)Zone District
Policy and documents for collateral in such form as prescribed by the is subject to the schedule of bulk
for improvements. Remainder of Section-No change. Department of Planning Services: requirements contained in Section
Division 4 Amend Sec. 23-2-260. Application 23-3-50 below. USES within the
A through C-No change. A (Agricultural) Zone District shall
Uses by Special Review requirements. also be subject to the additional
Amend Sec. 23-2-200. Intent and A-No change. D. A detailed report shall be requirements contained in Articles
9 submitted which includes information
applicability. on the following items:
B.The following general information IV and V of this Chapter.
A through F-No change. shall be submitted: 1 through 13-No change.
A through N-No change.
G. Any decrease in the land mass 1 through 9-No change. 14. Additional information needed
occupied by a Use by Special Review for POWER PLANT site proposals: O. Asphalt or concrete batch plant
shall qualify the landowner to be 10.The written certification required used temporarily and exclusively for
able to request a partial vacation of by Section 24-65.5-103.3,C.R.S.,if a through g-No change. the completion of a PUBLIC road
the Use by Special Review from the applicable. Such certification may improvements project. The 6-month
Board of County Commissioners, be submitted on the date of initial h. The written certification required I limitation for this TEMPORARY
permitting the following: public hearing referred to in Section by Section 24-65.5-103.3,C.R.S.,if use may be extended in 6-month
24-65.5-103(1),C.R.S. applicable. Such certification may increments at the discretion of the
1. The subject property under Delete 11. be submitted on the date of the initial Director of Planning Services. I
consideration for a partial vacation public hearing referred to in Section
of the Use by Special Review has Renumber the remaining
permit subparagraphs of Sec.23-2-260.B. 24-65.5-103(1),C.R.S. P through T-No change.
received permission release
the property from the fromRemainder of Section-No change. U. Commercial towers subject to the
applicable gg County and State C and D-No change. •
Dprovisions of Article IV, Division 9.
agencies. An example would be Division8 However, one (1) amateur (HAM)
the release of a portion of a gravel Procedures and Requirements of radio operator's crank-up antenna
mining operation from theColoradc E. Supporting Documents. The PUD District I may be extended to a maximum of
to Diviann of Mining Raclamatlon following supporting documents one hundred fifty(150)feet in height,
and
Safety at the completion of the shall be submitted as part of the Amend Sec.23-2-690. PUD District provided that its resting or "down"
reclamation activities on the subject application: I application requirements. position does not exceed seventy
• property. Evidence of such release (70)feet in height.
shall be provided to the Department 1 through 5-No change. The following completed information,
of Planning Services with the data and maps are required for V through W-No change.
!. request to vacate such portion of the 6. If applicable, an improvements PUD Change of Zone District.
property. agreement executed by the I X. TEMPORARY facilities for the
applicant. This agreement shall q Written Documents. sale of fireworks and Christmas
2 through 5-No change. be in accordance with the County trees. •
Policy and documents for collateral 1 through 16-No change. I
for improvements. Y. GROUP HOME FACILITY.
A-No change. and maintained in the C-1 Zone 3. RESIDENTIAL THERAPEUTIC 3
Z. FOSTER CARE HOME. B. Uses Allowed by Right. No District upon approval of a permit in CENTER.
9 accordance with the requirements
BUILDING, STRUCTURE or land and procedures set forth in Article II, Remainder of Section-No change.
Amend Sec. 23-3-40. Uses by shall be USED, and no BUILDING Division 4 of this Chapter.
special review. or STRUCTURE shall hereafter Division 4
be erected, structurally altered, 1 through 8-No change. , Industrial Zone Districts
The following BUILDINGS, enlarged or maintained in the R-4
STRUCTURES and USES may be Zone District except for one (1) or I 9. RESIDENTIAL THERAPEUTIC : Amend Sec. 23-3-310. I-1
constructed,occupied,operated and more of the following USES. Land CENTER. ' (Industrial)Zone District.
maintained in the A (Agricultural) in the R-4 Zone District must be •
Zone District upon approval of used in compliance with the bulk Remainder of Section-No change. A-No change.
a permit in accordance with the requirements contained in Section , -
requirements and procedures set 23-3-160 below. USES within the I Amend Sec 23-3-220. C-2(General
forth in Article II, Division 4 of this R-4 Zone District are also subject I Commercial)Zone District. B. Uses Allowed by Right. No
Chapter. to the additional requirements BUILDING, STRUCTURE or land
contained in Articles IV and V of this A through C-No change. shall be used in the I-1 Zone District,
I A through BB-No change. Chapter. and no BUILDING or STRUCTURE
CC. RAILROAD FREIGHT DEPOT 1 throw h 5-No change. D. Uses by Special Review. shall hereafterbeerected,structurally
[RAILYARD]. g g The following BUILDINGS, altered, enlarged or maintained,
6. GROUP HOME FACILITY. STRUCTURES and USES may be except for one (1) or more of the
DD. RESIDENTIAL THERAPEUTIC constructed, occupied, operated following USES. The USES must
I CENTER. 7. FOSTER CARE HOME. and maintained in the C-2 Zone be conducted in compliance with the
District upon approval of a permit in Performance Standards contained
Division 2 Remainder of Section-No change. accordance with the requirements of in Sections 23-3-340,23-3-350 and
9 Article II,Division 4 of this Chapter. 23-3-360 below.
Residential Zone Districts
Amend Sec.23-3-150. R-5(Mobile 1 through 6-No change. 1 through 7-No change.
Amend Sec. 23-3-110. R-1 Home Residential)Zone District.
Low-Density Residential) Zone 7. RAILROAD FREIGHT DEPOT 8. TEMPORARY facilities for the
istrict. A-No change. [RAILYARD]. sale of fireworks and Christmas
A-No change. B. Uses Allowed by Right. Notrees.
8. RESIDENTIAL S THERAPEUTIC
BUILDING, STRUCTURE no IorL land CENTER. 9. Asphalt or concrete batch plant
B. Uses Allowed by Right. No shall be USED and BUILDING used temporarily and exclusively for
BUILDING, STRUCTURE or land or STRUCTURE shall be hereafter Remainder of Section-No change. the completion of a PUBLIC road
shall be USED, and no BUILDING erected, structurally altered, improvements project. The 6-month
or STRUCTURE shall hereafter enlarged or maintained in the R-5 Amend Sec. 23-3-230. C-3 ' limitation for this TEMPORARY
be erected, structurally altered, Zone District, except for one(1)or (Business Commercial) Zone use may be extended in 6-month
enlarged or maintained in the R-1 more of the following USES. Land District. increments at the discretion of the
Zone District except for one (1) or in the R-5 Zone District must be Director of Planning Services.
more of the following USES. Land USED in compliance with the bulk A through C-No change.
in the R-1 Zone District must be requirements contained in Section C-No change.
USED in compliance with the bulk 23-3-160 below. USES within the D. Uses by Special Review.
requirements contained in Section R-5 Zone District are subject to the The following BUILDINGS, D. Uses by Special Review.
23-3-160 below. USES within the additional requirements contained in STRUCTURES and USES may be The following BUILDINGS,
R-1 Zone District are subject to the Articles IV and V of this Chapter. constructed, occupied, operated STRUCTURES and USES may
additional requirements contained in and maintained in the C-3 Zone be constructed, occupied or
Articles IV and V of this Chapter. 1 through 5-No change. District upon approval of a permit in maintained in the I-1 Zone District
1 through 5-No change. 6. GROUP HOME FACILITY. accordance with the requirements of upon the approval of a permit in
9 rt9 Article II,Division 4 of this Chapter. accordance with the requirements
6. GROUP HOME FACILITY. 7. FOSTER CARE HOME. •
•
and procedures set forth in Article II,
1 through 7-No change. Division 4 of this Chapter.
7. FOSTER CARE HOME. Remainder of Section-No change. 8. RAILROAD FREIGHT DEPOT 1 through 7-No change.
[RAILYARD].
C-No change. Division 3
Commercial Zone Districts RESIDENTIAL THERAPEUTIC [RAILYARD].
D. Uses by Special Review. CENTER [8. RAILROAD FREIGHT DEPOT
The following BUILDINGS, I Amend Sec. 23-3-210. C-1 Remainder of Section-No change.
STRUCTURES and USES may be (Neighborhood Commercial) Zone Remainder of Section-No change.
constructed, occupied, operated District. Amend Sec. 23-3-320. I-2
and maintained in the R-1 Zone Amend Sec.23-3-240.C-4(Highway (Industrial)Zone District.
District upon approval of a permit in A-No change. Commercial)Zone District.
accordance with the requirements A-No change.
and procedures set forth in Article II, B. Uses Allowed by Right. No A-No change.
Division 4 of this Chapter. BUILDING, STRUCTURE or land B. Uses Allowed by Right. No
shall be USED and no BUILDING B. Uses by Right. No BUILDINGS, BUILDING, STRUCTURE or land
1 through 9-No change. or STRUCTURE shall hereafter STRUCTURES or land shall shall be USED and no BUILDING
be erected, structurally altered, be USED and no BUILDING or or STRUCTURE shall hereafter
10. RESIDENTIAL THERAPEUTIC enlarged or maintained in the C-1 STRUCTURE shall hereafter be erected, structurally altered,
CENTER. Zone District except for one (1) or be erected, structurally altered, enlarged or maintained, except for
more of the following USES,which enlarged or maintained in the C-4 one (1) or more of the following
Amend Sec. 23-3-130. R-3 must be conducted in ENCLOSED Zone District except for one (1) or USES which must be conducted in
(Medium-Density Residential)Zone BUILDINGS and in compliance more of the following USES which compliance with the performance
District. with the performance standards 0below.
must be conducted in conformance standards contained in Sections
contained in Section 23-3-250 below.
A-No change. No outside storage will be allowed in with performance standards Fbelow.
23-3-340, 23-3-350 and 23-3-360
the C-1 Zone District. USES within contained in Subsection F below. below.
B. Uses Allowed by Right. No the C-1 Zone Distract shall also be USES within the C-4 Zone District
BUILDING, STRUCTURE or land subject to additional requirements shall also be subject to additional 1 through 7-No change.
shell be used, and no BUILDING contained in Articles IV and V of this requirements contained in Articles
or STRUCTURE shell hereafter Chapter. IV and V of this Chapter. ' 8. TEMPORARY facilities for the
sale be erected, structurally altered, 1 through 6-No change. trees.of fireworks and Christmas
•
enlarged or maintained in the R-3 1 through 8-No change.
Zone District except for one(1)or 7. TEMPORARY facilities for the 9. Asphalt or concrete batch plant
more of the following USES. Land 9. TEMPORARY facilities for the sale of fireworks and Christmas used temporarily and exclusively for
in the R-3 Zone District must be sale of fireworks and Christmas Trees. the completion of a PUBLIC road
USED in compliance with the bulk trees.
requirements contained in Section improvements project. The 6-month
23-3-160.- USES within the R-3 10. Massage parlor, subject to the 8. Asphalt or concrete batch plant I limitation for this TEMPORARY
Zone District are also subject to the additional licensing requirements used temporarily and exclusively for use may be extended in 6-month
additional treed in of Section 1248.5-101. C.R.S., et the completion of a PUBLIC road increments at the discretion of the
additional � s� improvements project. The 6-month Director of Planning Services.
limitation for this TEMPORARY
Articles IV and V of this Chapter. 11. Asphalt or concrete batch plant use may be extended in 6-month C-No change.
used temporarily and exclusively for increments at the discretion of the
1 through 5-No change. the completion of a PUBLIC road Director of Planning Services. D. Uses by Special Review.
improvements project. The 6-month The following BUILDINGS,
6. GROUP HOME FACILITY. I limitation for this TEMPORARY C-No change. STRUCTURES and USES may
use may be extended in 6-month be constructed, occupied or
7. FOSTER CARE HOME. increments at the discretion of the D. Uses by Special Review. maintained in the 1-2 Zone District
Director of Planning Services. The following BUILDINGS, upon the approval of a permit in
Remainder of Section-No change. STRUCTURES and USES may be accordance with the requirements
C-No change. constructed, occupied, operated and procedures set forth in Article II,
Amend Sec. 23-3-140. R-4 I and maintained in the C-4 Zone Division 4 of this Chapter.
(High-Density Residential) Zone I D. Uses by Special Review. District upon approval of a permit in
District. The following BUILDINGS, accordance with the requirements of ' 1 through 12-No change.
STRUCTURES and USES may be Article II,Division 4 of this Chapter:
13. RAILROAD FREIGHT DEPOT
constructed, occupied, operated
1 through 2-No change. [RAILYARD].
supplement the Weld County Code
IL
Remainder of Section-No change. - with the amendments contained
2) The analysis should address herein, to coincide with chapters,
Amend Sec. 23-3-330. 1-3 the amount of water consumed articles, divisions, sections, and
(Industrial)Zone District. in the MINING and processing sub sections as they currently exist
A-No change. of the material, including dust within said Code; and to resolve
._ any inconsistencies regarding
capitalization, grammar, and
B. Uses Allowed by Right. No suppression. numbering or placement of chapters,
BUILDING, STRUCTURE or land articles,divisions,sections,and sub-
shall be USED and no BUILDING 3)through 4)-No change. sections in said Code.
or STRUCTURE shall hereafter
be erected, structurally altered, b. Water Replacement Source: BE IT FURTHER ORDAINED by
enlarged or maintained, except for the Board if any section,subsection,
one (1) or more of the following 1) A description of the surface and paragraph, sentence, clause, or
USES which must be conducted in well water rights and its anticipated phrase of this Ordinance is for
compliance with the performance yield,when converted,to be used as any reason held or decided to be
standards contained in Sections replacement for the water consumed unconstitutional,such decision shall
23-3-340, 23-3-350 and 23-3-360 in the MINING operation. not affect the validity of the remaining
below. portions hereof. The Board of
I Remainder of Section-No change. County Commissioners hereby
declares that it would have enacted
1 through 9-No change. Amend Sec. 23-4-280. Supporting this Ordinance in each and every
documents. section, subsection, paragraph,
10. Asphalt or concrete batch planti sentence,clause,and phrase thereof
The following documents or any irrespective of the fact that any one used temporarily and exclusively for
the completion of a PUBLIC road other similar documents shall be or more sections, subsections,
improvements project. The 6-month submitted by the applicant if deemed paragraphs, sentences, clauses,
limitation for this TEMPORARY. necessary by the Board of County or phrases might be declared to be
use may be extended in 6-month Commissioners for the protection of unconstitutional or invalid.
increments the the health,safety and welfare of the
Director of Planning Services, inhabitants of the County.
C-No change. A'-No change. ,
D. Uses by Special Review. NOTICE
The following BUILDINGS, B. Plans for obtaining water
STRUCTURES and USES may supplies to replace water consumed PURSUANT to the Wr, ld Counte
by MINING and processing of the Home Rule Charter, Ordinance
be constructed, occupied or material, including dust control, Number 14 published above, was
maintained in the I-3 Zone District consumed for domestic purposes introduced and, on motion duly
upon the approval of a permit in by employees, and consumed by made and seconded, approved
accordance with the requirements evaporative losses from exposed upon first reading on December
and procedures set forth in Article II, groundwater. 10, 2007. A public hearing and
Division 4 of this Chapter. second reading is scheduled to be li
C through D-No change. held in the Chambers of the Board,
1 through 13-No change. First Floor Hearing Room,915 10th
14. RAILROAD FREIGHT DEPOT E. An applicant for in-situ solution Street, Greeley, Colorado 80631,
mining shall submit written evidence on January 2. 2008, 2007. All
[RAIRAILR] of approval for all federal and state persons in any manner interested i
regulatory agency permits.
Remainder of Section-No change.
in the reading of said Ordinance
Add Appendix 23-F
are requested to attend and may be
Division 5
heard.
E(Estate)Zone District i BE IT FURTHER ORDAINED by the
Board that the Clerk to the Board be, please contact the Clerk to the
Amend Sec. 23-3-410. Uses and hereby is, directed to arrange Board's office at phone (970)
allowed by right I for Colorado Code Publishing to 336-7215, Extension 4225, or fax
No BUILDING, STRUCTURE
or land shall be USED, and no (970) 352-0242, prior to the day
BUILDING or STRUCTURE shall Land in the E Zone District must be of the hearing if, as the result of a
hereafter be erected, structurally USED in compliance with the bulk i disability, you require reasonable
requirements contained in Section
altered, enlarged or maintained in accommodations in order to
the E Zone District except for one 23-3-440 below. Uses within the participate in this hearing.
(1) or more of the following USES. E Zone District are subject to the
additional requirements contained in Any backup material, exhibits or
Articles IV and V of this Chapter. I information previously submitted to
F Whether the applicant or any the Board of County Commissioners
affiliated person holds or has held A through G-No change. concerning this matter may be
any other permits for MINING and examined in the office of the Clerk to
an identification of such permits. H.GROUP HOME FACILITY. the Board of County Commissioners,
located in the Weld County
G. A detailed description of I. FOSTER CARE HOME. Centennial Center,Third Floor, 915
the method of operation. Such 10th Street, Greeley, Colorado,
description shall include: ARTICLE IV i between the hours of 8:00 a.m.and
Supplementary District Regulations 5:00 p.m., Monday thru Friday, or
I 1 through 8-No change. may be accessed through the Weld
Division 4 County Web Page (www.co weld.
' 9. The source of technical advice Open Mining, onus). E-Mail messages sent to
I in that type of reclamation for the an individual Commissioner may
i proposed MINING. Amend Sec.23-4-250. Purpose. not be included in the case file.
To ensure inclusion of your E-Mail
Insert new 10. If Applicable, for Before a Special Review Permit for correspondence into the case file,
MINING that includes the recovery of the location of a MINING operation, please send a copy to egesick@
the resources by processing on site, asphalt plant or batch plant co.weld.co.us.
i.e., In-Situ MINING: The applicant (concrete) is issued, the Planning
shall provide to the Department Commission and Board of County SECOND READING: January 2.
of Planning Services, evidence Commissioners shall determine 2008,2007,at 9:00 a.m.
of compliance with all State and through public hearings that the THIRD READING: January 21,
I Federal Regulatory agencies whom I following plans,maps,methods and 2008,2007,at 9:00 a.m.
may have a permitting interest in the studies,which shall accompany the
extraction of the mineral resource, i application for such permits,provide BOARD OF COUNTY
including at a minimum, written , adequate protection of the health, COMMISSIONERS
evidence that the appropriate permit safety and welfare of the inhabitants WELD COUNTY,COLORADO
has been approved and granted by of the area and the COUNTY. DATED: December 14.2007
each regulatory agency.
Amend Sec.23-4-260. Application.•
PUBLISHED: December 19, 2007,
Renumber existing subparagraphs in the Fort Lupton Press
10 through 13 of Sec.23-4-260.G. Any operator desiring such a permit
shall file an application in such
14. The application should address I form as prescribed-by the Planning
the following items: I Commission. The application shall
contain the following information:
a. Water Consumption: A through C-No change.
1) An analysis of the amount of
water which will be required to be D. The source of the applicant's
replaced for each phase of the legal rights to enter and to mine on
MINING operation and build out. the land affected by the permit.
NOTICE
The Board of County Commissioners of Weld County, Colorado, will conduct a public
hearing at 9:00 a.m., on December 10, 2007, in the Chambers of the Board of County
Commissioners, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado,
for the purpose of considering amendments to certain sections of the Weld County Code, as
currently amended. Second and third reading of said Ordinance will be considered on January 2,
and January 21, 2008. All persons in any manner interested are requested to attend said hearing
and may be heard.
If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five
days prior of the hearing. The cost of engaging a court reporter shall be borne by the requesting
party. In accordance with the Americans with Disabilities Act, if special accommodations are
required in order for you to participate in this hearing, please contact the Clerk to the Board's Office
at (970) 356-4000, Extension 4225, prior to the day of the hearing.
Copies of the proposed amendment may be examined in the office of the Clerk to the Board
of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third
Floor, Greeley, Colorado, Monday through Friday, 8:00 a.m. to 5:00 p.m.
DOCKET NO. 2007-93
APPLICANT: County of Weld
REQUEST: Code Ordinance #2007-14, In the Matter of Repealing and Re-enacting, with
Amendments, Chapter 23 Zoning, of the Weld County Code
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: November 16, 2007
PUBLISHED: November 21, 2007, in the Fort Lupton Press
PROOF OF PUBLICATION NOTICE
The Board of County
FORT LUPTON Commissioners of Weld County,
Colorado, will conduct a public
hearing
STATE OF COLORADO December at 9:00 a.m.'he
aember 10, in the
Chambers of the Board of County
COUNTY OF WELD SS. Commissioners, Weld County
Centennial Center, 915 10th
Street, First Floor, Greeley,
Colorado, for the purpose of
considering amendments to
certain sections of the Weld
CoI, Karen Lambert, do solemnly swear that I amended.enty Code, as currently
Second and third
am the Publisher of the Fort Lupton Press; reading of said o January
will be
considered on Ordinance na 2, and
2 . All
that the same is a weekly newspaper printed anyuary 21, interested
led in
an p persons are
requested to attend said hearing
and published in the County of Weld, State and may be heard.
If a court reporter is desired,
of Colorado, and has a general circulation please advise the Clerk to the
therein; that said newspaper has been prior in writing, Theast five daysof
Board,i the hearing. cost
engaging a court reporter shall be
published continuously and uninterruptedly borne by the requesting party. In
accordance with the Americans
in said county of Weld for a period of more with Disabilities Act, if special
accommodations are required in
than fifty-two consecutive weeks prior to the order for you to participate in this
Clerk
contact the
first publication of the annexed legal notice hearing, please
to the Board's Office at(the) erk
4000,Extension 4225,prior to the
or advertisement; that said newspaper has day of the hearing.
Copies of been admitted to the United States mails as y be examined
mat in
the office of the Clerk to the Board
second-class matter under the provisions of of County Commissioners,located
in al
the act of March 3, 1879, or anythe Weld County u Street,Ce Third
r, l 10th d , dy
Floor,Greeley, Colorado,Monday
amendments thereof, and that said through Friday, 8:00 a.m. to 5:00
newspaper is a weekly newspaper duly pm
DOCKET NO.2007-93
qualified for publishing legal notices and
APPLICANT:County of Weld
advertisements within the meaning of the
REQUEST: Code Ordinance
laws of the State of Colorado.That the#2007-14,In the Matter of
annexed legal notice or advertisement was Repealing mend and h Re-enacting,23 Zoning,
Amendments, R t
or the weld Count'Code
published in the regular and entire issue of
BOARD OF COUNTY
every number of said weekly newspaper for COMMISSIONERS
WELD COUNTY,COLORADO
the period of 1 consecutive insertion(s); and
DATED:November 16,2007
that the first publication of said notice was in PUBLISHED:November 21,
2007,in the Fort Lupton Press
the issue of newspaper, dated 21st day of
November, 2007, and the last on the 21st
day of November, 2007.
Publisher. Subscribed and sworn b FRA LOpp
16th day of November, 2007. NpTARY
o 0
p
PUBUC
Lev ooQye�'
x%a
Notary Public.
CASE NO.401951 key 48098
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