HomeMy WebLinkAbout20083439.tiff NOTICE OF
FINAL READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2008-16 was introduced on
first reading on October 27, 2008, and a public hearing and second reading was held on
November 17,2008. A public hearing and final reading was completed on December 8, 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. 2008-16
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE
EFFECTIVE DATE: December 24, 2008
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: December 12, 2008
PUBLISHED: December 19, 2008, in the Greeley Tribune
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DEO acr-
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Affidavit of Publication
STATE OF COLORADO
SS.
County of Weld,
Jennifer Usher
of said County of Weld, being duly sworn, say that I am an
advertising clerk of
THE TRIBUNE
that the same is a daily newspaper of general circulation and
printed and published in the City of Greeley, in said county and
state; that the notice or advertisement, of which the annexed is a
true copy, (days): that the notice was published in the regular and
entire issue of every number of said newspaper during the period
and time of publication of said notice, and in the newspaper
proper and not in a supplement thereof; that the first publication
NOTICE OF of said notice was contained in the, issue of the said newspaper-
FINAL READING OF ORDINANCE bearing date the Nineteenth day of December
Pursu�ntrothe Web CouMy Home Rule Charter.Ordinance
AD. 2008 and the last publication thereof: in the issue of said
Number200&16whearing adseb first reaalog on ocfoberzT, newspaper bearing date the Nineteenth day of
2008,and a public hearing and second reading was held on No-vember17,2008. A public healing and final reading was coin- December AD. 2008 that said The Tribune has been published
pleled on December 6,2006,with no change being made to the
text of said Ordinance,and on motion duly made and seconded, continuously and uninterruptedly during the period of at least six
was adopted. Effective date of said Ordinance is listed below. months next prior to the first issue there of contained said notice
Any b u material,exhibits or Information previously submit-
ter tetltotheAoardotcountyCommisslonersconceminggotthismat- or advertisement-above referred to; that said newspaper has been
County C be examined
located in office of
Clerk
Corry Centennial
admitted SO the United States mails as second-class matter under
Center,915 10th Street,Third Floor,Greeley,Colorado,be-
tween the hours of 8:00a.m.and5:oo p.m.,Mondaythru Friday, the provisions of the Act of March 3, 1879, or any amendments
or maybe ecCaeaetl through the Web Courtly Web Page thereof; and that said newspaper is a daily newspaper duly
(www.co.weld.co.us. E-Mail may not belncluludediitl nnfhsagese caseofiie.t individual
ensure qualified for publishing legal notices and advertisements within
inclusion of your E-Mail correspondence into the case file, ase sand a copy to egesleaoco.weld.co.us, pie p the meaning of the laws of the State of Colorado.
ORDINANCE NO. 2006-16
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND
REENACTING.WITH OF THE WELD COUNTY CODEENTS,CHAPTER 23 ZONING, December 19,2008
EFFECTIVE DATE:December 20,2008
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY.COLORADO
DATED:December 12,2006 Total Charges: $16.66
The Tribune
December 19,2008
•
v
Ad U.Adertlsin Clerk
I9th day of December, 2008
zssioes 06/1 009
Notary Public
NOTICE OF
SECOND READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2008-16 was introduced on
first reading on October 27,2008, and a public hearing and second reading was held on November
17, 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 December 8, 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. 2008-16
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE
DATE OF NEXT READING: December 8, 2008, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: November 21, 2008
PUBLISHED: November 28, 2008, in the Greeley Tribune
CHANGES MADE TO CODE ORDINANCE #2008-16 ON SECOND READING
Section 23-4-450: Wind Generator Standards
Amend table to reflect third designation of Lot Size (Gross Acres) to read 5 acres and above
Delete Paragraph M
Affidavit of Publication
STATE OF COLORADO
ss.
County of Weld,
1, Jennifer Usher
of said County of Weld, being duly sworn, say that I am an
advertising clerk of
THE TRIBUNE
that the same is a daily newspaper of general circulation and
printed and published in the City of Greeley, in said county and
NOTICE OF state; that the notice or advertisement, of which the annexed is a
SECOND READING OF ORDINANCE true copy,(days):that the notice was published in the regular and
Pursuant to the Weld County Home Rule Charier,Ordinance entire issue of every number of said newspaper during the period
Number 2008-16 was introduced on first reading on October 27, and time of publication of said notice, and in the newspaper
2008,and a public hearing and second reading was held on No-
vember 17,2008,with changes being made as listed below. A proper and not in a supplement thereof; that the first publication
public hearing and third readiro is scheduled to be held in the
Chambers of the Board,First Floor Hearing Room,91510th of said notice was contained in the, issue of the said newspaper-
Street,Greeley,Colorado 80631,on December 8,2008. All bearing date the Twenty-eighth day of November
persons In any manner interested in the next reading of said Or-
dinance are requested to attend and may be heard. Please AD. 2008, and the last publication thereof: in the issue of said
contact the Clerk to the Board's Office at phone(970)338.7215,
Extension 4225,or fax(970)352-0242,prior to the day of the newspaper bearing date the Twenty-eighth day of November
hearing if,as a result of a disability,you require reasonable ac-
commodations in order to participate in this hewing. Any back- AD. 2008' that said The Tribune has been published
up material,exhibits or information previously submitted to the continuous) and uninterru tedl Burin the period of at least six
Board of County Commissioners concerning this matter may be Y P Y g
examined in the office of the Clerk to the Board of County Com- months next prior to the first issue there of contained said notice
missioners,located In the Weld County Centennial Center,915
10th Street,Third Floor,Greeley,Colorado,between the hours or advertisement above referred to; that said newspaper has been
of8:00a.m.end 5:00p.m.,Monday thin Friday,or may be ac- admitted to the United States mails as second-class matter under
ac-
cessed through the Weld County Web Page
(www.co.weld.co.us). E-Mail messages sent to an individual the provisions of the Act of March 3, 1879, or any amendments
Commissioner may not be included in the case file. To ensure
inclusion of your Mall correspondence into the case file,please thereof; and that said newspaper is a daily newspaper duly
send a copy ep. 2008-16.wed.co.us. qualified for publishing legal notices and advertisements within
ORDINANCE TITLE:
g
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND the meaning of the laws of the State of Colorado.
REENACTING,WITH AMENDMENTS,CHAPTER 23 ZONING,
OF THE WELD COUNTY CODE
DATE OF NEXT READING: December 8,2008,at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS November 28,2008
WELD COUNTY,COLORADO
DATED: November 21,2008
PUBLISHED: November 28,2008,in the Greeley Tribune
CHANGES MADE TO CODE ORDINANCE#2008-16 ON SEC- Total Charges: $25.49
OND READING
Amend Sec.23-4-450.Wind Generator Standards,as follows:
Amend table to reflect third designation of Lot Size(Gross Acres)
to reed:5 Acres and Above
Delete Paragraph M.
The Tribune
November 28,2009 7e2/ 7(fu4
j
Advertising Clerk
28th day of November, 2008
My
Commission 11 Expires 02/14/2011
(
/ l/ \ Notary Public S
WELD COUNTY
CODE ORDINANCE 2008-16
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23
ZONING, OF THE WELD COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority
of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld County
Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the
codification of all previously adopted ordinances of a general and permanent nature enacted on
or before said date of adoption, and
WHEREAS, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirements therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of
Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby
are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as
follows.
CHAPTER 23
ZONING
Amend Sec. 23-1-90. Definitions.
WIND GENERATOR: A generator specifically designed to convert the kinetic energy in wind into
electric energy. A WIND GENERATOR may include a generator, tower, and associated control
or conversion electronics. The height of a wind tower is measured at the hub of the generator.
Add Sec. 23-3-30.N, 23-3-210.C.5, 23-3-220.C.5, 23-3-230.C.4, 23-3-240.C.8, 23-3-310.C.8,
23-3-320.C.7, and 23-3-330.C.7 to state the following: WIND GENERATOR(S), which may
require the issuance of a Zoning Permit for WIND GENERATOR, as per Chapter 23,
Article IV, Division 12, of the Weld County Code.
Add Sec. 23-3-40.DD, 23-3-210.D.10,23-3-220.D.8, 23-3-230.D.9, 23-3-240.D.4,23-3-310.D.8,
23-3-320.D.13,and 23-3-330.D.14 to state the following:WIND GENERATOR(S)requiring the
issuance of Use-by-Special Review Permit, as per Chapter 23, Article II, Division 4, and
Chapter 23, Article IV, Division 12, of the Weld County Code.
ARTICLE IV
Supplementary District Regulations
Add Div. 6, as follows:
Division 6
Wind Generators and Permitting Requirements
Sec. 23-4-450: Wind Generator Standards:
WIND GENERATORS are allowed as accessory uses, subject to Zoning Permit for WIND
GENERATOR requirements, or as a Use-by-Special Review Permit, per the height guidelines and
maximum numbers for LEGAL LOTS, below. The height of a wind tower is measured at the hub
of the generator:
Lot Size(Gross Acres) Accessory Use Zoning Permit for Use-by-Special Review
(Building Permit WIND GENERATOR Permit
Required only)
1 Acre-2.49 Acres Up to 40 feet and rotor 41 —60 feet Above 60 feet, or more
diameter 12-feet or less than 3 per LEGAL LOT
2.5 Acres—4.99 Acres Up to 60 feet and below 61-120 feet Above 120 feet, or
and rotor diameter of more than 3 per
14-feet or less LEGAL LOT
5 Acres—34.99 Acres Up to 120 feet and 121-180 feet Above 180 feet, or
below and rotor more than 3 per
diameter 25 feet or less LEGAL LOT
All WIND GENERATORS are subject to the following standards:
A. Up to three(3)WIND GENERATORS per LEGAL LOT are allowed. More than three(3)WIND
GENERATORS on a LEGAL LOT shall require the issuance of a Use-by-Special Review Permit,
pursuant to the requirements of Article II, Division 4 of this Chapter, or the issuance of a 1041
Permit, pursuant to the requirements of Article III, Chapter 21 of this Code.
B. WIND GENERATORS requiring the issuance of a Zoning Permit for Wind Generator are
subject the application requirements of Section 23-4-980 of this Code. WIND GENERATORS
requiring the issuance of a Use-by-Special Review Permit are subject to the application
requirements of Section 23-2-260 of this Code. WIND GENERATORS requiring the issuance of
a 1041 Permit are subject to the application requirements of Article III, Chapter 21 of this Code.
C. All WIND GENERATORS must be setback from property lines, public rights-of-way,and access
easements of a distance at least one (1) times the hub height of the generator.
D. All WIND GENERATORS must be setback from any existing or planned overhead lines a
distance of at least one (1) times the hub height of the generator.
E. No part of the system, including guy wire anchors, shall extend closer than 30 feet to the
property boundary.
F. WIND GENERATORS must be painted or coated a non-reflective white, grey, or other neutral
color.
G. WIND GENERATORS must not be artificially illuminated, unless required by Federal Aviation
Administration (FAA).
H. Electrical controls must be wireless or underground, and power lines must be underground,
except for and interconnection to an existing above ground power grid.
I. WIND GENERATORS are subject to the following noise limits (measured from the nearest
property line from the WIND GENERATOR):
1) Residential: 50 Decibels.
2) Commercial: 55 Decibels.
3) Light Industrial (I-1 Industrial): 65 Decibels.
4) Industrial (1-2 and 1-3 Industrial): 75 Decibels.
J. WIND GENERATORS are subject to applicable Federal Aviation Administration (FAA)
requirements and/or permits.
K. WIND GENERATORS generating power as a commercial enterprise may be subject to
regulation by the Colorado Public Utilities Commission.
L. If proposing to interconnect to a utility company, the applicant shall provide to the Department
of Planning Services a copy of a "letter of intent to interconnect" or interconnection agreement
signed by the utility company.
M. WIND GENERATORS shall not create a detrimental effect on nearby properties through
electromagnetic interference.
Sec. 23-4-460. Zoning Permit for WIND GENERATOR permit application requirements.
An application for a Zoning Permit for a WIND GENERATOR shall include the following:
A. Name, address, and telephone number of the applicant.
B. Name, address, and telephone number of the owner of the land, if different from subsection A,
above.
C. Parcel number and legal description of the property for which the application is made.
D. Evidence of interest in the subject land held by the applicant.
E. If proposing to interconnect to a utility company, copy of a "letter of intent to interconnect" or
interconnection agreement signed by the utility company.
F. Number of acres of the property.
G. Elevation drawings of the proposed facility showing all towers, structures, and other
improvements related to the facility, showing specific materials, placement, and colors.
H. Weld County road access information sheet.
I. A vicinity map showing adjacent properties, general land uses, zoning, and roadways:
1. Within five hundred (500) feet of the proposed wind generator site.
J. A sketch plan of the site at the scale of one (1) inch represents fifty(50)feet, or other suitable
scale to show:
1. The proposed location of the wind generator(s)and other support structures(guy wires),
including distances from the property LOT lines, above ground power lines and other
STRUCTURES on the property.
2. Location and measurements of any easements or rights-of-way.
3. Amount of road frontages.
4. Identification of any county, state, or federal roads or highways.
5. Existing STRUCTURES on the property.
K. An application fee.
L. A certified list of the names, addresses, and the corresponding Parcel Identification Number
assigned by the County Assessor of the owners of property(the surface estate)within five hundred
(500)feet of the property lines of the parcel on which the wind generator(s) shall be placed. The
source of such list shall be the records of the County Assessor, or an ownership update from a title
or abstract company or attorney,derived from such records or from the records of the County Clerk
and Recorder. If the list was assembled from the records of the County Assessor, the applicant
shall certify that such list was assembled within thirty(30)days of the application submission date.
M. Notification responses of at least thirty percent(30%)of surrounding property owners within five
hundred (500) feet of the subject property in opposition to the location of the WIND
GENERATOR(S).
Sec. 23-4-470. Delegation of authority.
The Board of County Commissioners delegates the authority to issue a zoning permit for a wind
generator which otherwise requires the approval of the Board of County Commissioners through
a public hearing process to the Department of Planning Services upon a determination by the
Department that:
A. The applicant is in compliance with the criteria identified in this Chapter for the specific category
of zoning permit for which application is being made.
B. The Department of Planning Services has sent notice and has not received signed notification
from at least thirty percent (30%) of surrounding property owners within five hundred (500) feet
of the subject property in opposition to the location of the wind generator. If opposed, the petition
shall indicate that the surrounding property owners who have signed the notification have
objections to the issuance of a zoning permit for the wind generator.
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 2008-16 published
above, was introduced and, on motion duly made and seconded, approved upon first reading on
October 27, 2008. 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
November 17, 2008. 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: November 17, 2008, at 9:00 a.m.
THIRD READING: December 8, 2008, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: October 31, 2008
PUBLISHED: November 7, 2008, in the Greeley Tribune
Affidavit of Publication
STATE OF COLORADO
ss.
County of Weld.
I, Jennifer Usher
of said County of Weld, being duly sworn, say that I am an
advertising clerk of
THE TRIBUNE
that the same is a daily newspaper of general circulation and
printed and published in the City of Greeley, in said county and
state; that the notice or advertisement,of which the annexed is a
true copy,(days): that the notice was published in the regular and
entire issue of every number of said newspaper during the period
and time of publication of said notice, and in the newspaper
proper and not in a supplement thereof; that the first publication
of said notice was contained in the, issue of the said newspaper-
bearing date the Seventh day of November
AD. 2008 and the last publication thereof: in the issue of said
newspaper bearing date the Seventh day of November AD.
2008 that said The Tribune has been published continuously
and uninterruptedly during the period of at least six months next
prior to the first issue there of contained said notice or
advertisement above referred to; that said newspaper has been
admitted to the United States mails as second-class matter under
the provisions of the Act of March 3, 1879, or any amendments
thereof; and that said newspaper is a daily newspaper duly
qualified for publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
November 7, 2008
Total Charges: $166.32
4 e
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6 Advertising Clerk
7th day of November, 2008
My Commission Expires 02/14/2011
LC (yq///
Notary Publi�
WELD COUNTY for which the application is made.
CODE ORDINANCE 2008-16 C. Parcel number and legal description of the property
IN THE MATTER OF REPEALING AND REENACTING,WITH-AMENDMENTS,CHAPTER 23 D. Evidence of interest In the subject lend held by the applicant.
ZONING.OF THE WELD COUNTY CODE g proposing to interconnect to a utility company,copy of a"letter of intent to interconnect"or
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD,STATE OF COLORADO'. interconnection agreement signed by the utility company E .
WHEREAS,the Board of County Commissioners of the County of Weld,State of Colorado,pur- F. Number of acres of the property.
suent to Colorado statute and the Weld County Home Rule Charter,is vested with the authority
of administering the affairs of Weld County,Colorado,and G. Elevation drawings of the proposetl facility showing all towers,
structures,
colorsend other lmprov -
WHEREAS,the Board of County Commissioners,on December 28,2000,adopted Weld County manta related to the facility,showing specific materials,p
Cede 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 Hion,and . Weld County road access information sor before said heet.
WHEREAS.the Weld Coute of nty Code is in need of revision and clarification with regard to proce-
dures,terms,and requirements therein.
NOW,THEREFORE,BE IT ORDAINED by the Board of County Commissioners of the County of 1 Within five hundred(500)feet of the proposed wind generator site.
Weld,State of Colorado,that certain existing Chapters of the Weld County p Code be,and hereby A sketch plan of the site at the scale of one(1)inch represents fifty(50)feet,or other suitable
are,repealed and re-enacted,with amendments,and the various Chapters are revised to read J.as follows. scale to show:
1. The proposed Iocation of the wind generator(s)and other support structures(guy wires),
CHAPTER 23 ground power lines and other
ZONING inclutling distances from the property LOT lines,above
Amend Sec.23-1-90. Definitions. STRUCTURES on the property.
2. Location and measurements of any easements or rights-of-way.
WIND GENERATOR: A generator specifically designed to convert the kinetic energy in wind into 3. Amount of road frontages.
electric energy. A WIND GENERATOR may include a generator,tower,and associated control 4. Itlentification of any county,state,or Fetleral roads or highways.
or conversion electronics. The height of a wind tower is measured at the hub of the generator. 5, Existing STRUCTURES on the property.
Add Sec.23-8-30 N,2&&210.0.5,23-3-220.C.5,23-3-230 C.4,23-3-240.0.8.23-3-310.0.8,23- 13. An application tee.
3-320.0.7,and 23-3-330.0]to state the following:WIND GENERATOR(S),which may require p g
the issuance of a Zoning Permit for WIND GENERATOR,as per Chapter 23.Article IV Division L A certified list of the names,addresses,antl the corres ondin Parcel Istate)lcation Num er
12,of the Weld County Code. assigned by the County Assessor of the owners of property(the sudace estate)within five hun-
dred(500)feel of the property lines of the parcel on whi the wind go an eraownesshall
o tlaoplaced.
Add Sec. 23-3-40.00,23-3-210,0.10,23-3-220.03,23-3-230.0.9,23-3-240.0.4,23-3-310.0,8. The source of such list shall be the records of the County Assessor,
P
23-3-320.0.13,and 23-3-330.0.14 to state the following:WIND GENERATOR(S)requiring the from a title or abstract company or attorney,derived from such records or from the records of the
issuance of Use-by-Special Review Permit,as per Chapter 23,Article II,Division 4,and Chapterthirty(30)days of the application
County Clerk antl Recorder. It the list was assembled from the records of the County Assessor,
23,Article IV,Division 12,of the Weld County Code. the applicant shalt cetlity that such list was assembled within flit
ARTICLE IV submission date. owners
Supplementary District Regulations M. Notification responses of at least thirty percent(30%)of surrounding properly
Add Div.6,as follows:
Division 6
Wind Generators and Permitting Requirements within five hundred(500)feet of the subject property in opposition to the location of the WIND
Sec.23-4-450:Wind Generator Standards: GENERATOR(S).
WIND GENERATORS are allowed as accessory uses,subject to Zoning Permit for WIND Sec.23-4-470.Delegation of authority.
GENERATOR requirements,or as a Use-by-Special Review Permit,per the height guidelines The Board of County Commissioners delegates the authority to issue a zoning permit for a wind
and maximum numbers for LEGAL LOTS,below.The height of a wind tower is measured at the generator which otherwise requires the approval of the Board of County Commissioners through
hub of the generator'. a public hearing process to the Department of Planning Services upon a determination by the
Lot Size(Gross Acres) Accessory Use Zoning Permit for Use-by-Special Department that:
(Building Permit WIND GENERATOR Review Permit A. The applicant is in compliance with the criteria identified in this Chapter for the specific cat-
Requireed Only) egory of zoning permit for which application is being made.
1 Acre-2.49 Acres Up to 40 feet and rotor 41-60 feet Above 60 feet,
diameter 12-feet or less or more than 3 B. The Department of Planning Services has sent notice and has not received signed notification
per LEGAL LOT from at least thirty percent(30%of surounding property owners within five hundred(500)feet
2.5 Acres-4.99 Acres Up to 60 feet and below 61-120 feet Above 120 feet, of the subject property in opposition to the location of the wind generator.If opposed,the petition
and rotor diameter of or more than 3 shall indicate that the surrounding property owners who have signed the notification have objec-
14-feet or less per LEGAL LOT Lions to the issuance of a zoning permit for the wind generator.
5 Acres-34.99 Acres Up to 120 feet and below 121-160 feet Above 180 feet,
and rotor diameter or more than 3 BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be,and
25 feet or less per LEGAL LOT hereby is,directed to arrange for Colorado Code Publishing to supplement the Weld County
All WIND GENERATORS are subject to the following standards: Cotle with the amendments contained herein,to coincide with chapters,articles,divisions,see-
I tons,and sub sections as they currently exist within said Code{and to resolve any inconsisten-
cies regarding capitalization,grammar,and numbering or placement of chapters,articles,divi-
A. Up to three(3)WIND GENERATORS per LEGAL LOT are allowed. More than three(3) sons,sections,and sub-sections in said Code.
WIND GENERATORS one LEGAL LOT shall require the issuance of a Use-by-Special Review BE IT FURTHER ORDAINED by the Board if any section,subsection,paragraph,
Permit,pursuant to the requirements of Article II.Division 4 of this Chapter,or the issuance of a orphrase of this Ordinance is for any reason held or decided to be unconsti-
1041 Permit,pursuant to the requirements of Article III,Chapter 21 of this Code. sentence,clause, y remaining portions
9 P otCoun suco mi s i n ers hereby net yffd et the at[ wf u e n hereof. The Board
of and every Commissioners subsea ion, declares that it would , enacted this Ordinance in each
jeB WIND GENERATORS requiring ec issu23-4-980ance of a Zoning Code.Per WINDt for Wind GENERATORS Arator are sub- every that niy one o more paragraph,subsections,
sections, aragra and phrase es,thereof ises,or phr of
ingthe ssuanceo requirements of l Review ePmitof this t the entsir- might fact any t or unconstitutional nco sections, r into d paragraphs,sentences,clauses,or phrases
the iss23-2-260 uance of a Use-by-Special ecW GENERATORS A are requiring
to issuance
application requirements Per be declared to be or invalid.
of bje t a of Coeq. WIND fArticle I, hapter 2 the is of a 1041 Permit
are subject to the application requirements of III,Chapter 21 of this Code.
NOTICE
C. All e GENERATORS must setback from h bites,public f rights-of-way,and
access easements of a distance at least one(1)times the hub height of the generator. • PURSUANT tod the Weld on ry Hole Rule and seconded,Or e pumedr p fir t
publishedo aOcto,was in2 0B. A ubli en motion ndls madec antl ingis approved dtob l first
fenceAll WIND tGENERATORS must be setback ig from any ratorng or planned overhead lines a tlis- hainb s October 27,2008. A or hearing and 10d1 rStreet, sche Col r do 60631 the
[ante of at least one(1)times the hub height of the generator. n Chambers the 7 Board,8, AllpersonsHearing915 Greeley, 31,
November mayb in any manner interested in the reading of said Ordinance
are requested to attend co and may le beard Extension
Please contact the Clerk to the Board's aria at phone 336-7215,
E. No part of the system,including guy wire anchors,shall extend closer than 30 feet to the 4225,or fax(9]O)352-0242,prior to the day of the hearing it,as the result of a disability,you
property boundary.
require reasonable accommodations in order to participate in this hearing.
F. WIND GENERATORS must be painted or coated anon-reflective white,grey,Srother neutral Count CommisAnsions Commissmationers concerning thisial. bmatter may be examineds or information pr submitted eviously
office of e the Board of
the Clerk to the
color. y
Board of County Commissioners,located in the weltl County Centennial Center,Third Floor,
G. WIND GENERATORS must not be artificially illuminated,unless required by Federal Aviation thrti
Friday.915 h or the accessedothrough the Weld County Web Page(www.o, between the hours of 8:00 a.m. co.weld.co.us).co.usl. E.m.. E-Mail
Administration(FAA).
messages sent to an individual iorresl Commissioner may not be please send
the case file To ensure
H. Electrical controls must be wireless or underinclusion of your E-Mail correspondence into the case file,please send a copy to egesickgt
except or and interconnection to an existing above ground power power
lines
must be underground, co.weld.co.es.
I. WIND GENERATORS are subject to the following noise limits(measured from the nearest THIRD READING:December 8.200608SECOND READING:November 17. 89 00 a.m,at 9:00 a.m.
properly line from the WIND GENERATOR):
1) Residential'50 Decibels. 'BOARD OF COUNTY COMMISSIONERS
2) Commercial:55 Decibels. WELD COUNTY,COLORADO
3) Light Industrial(1-1 Industrial):65 Decibels. DATED:October 31,2008:
4) Industrial(1-2 and 1-3 Industrial):75 Decibels. The Tribune
J. WIND GENERATORS are subject to applicable Federal Aviation Administration(FAA)require- November],2006
ments and/or permits. ,•— :, K. WIND GENERATORS generating power as a commercial enterprise may be subject to regu-
lation by the Colorado Public Utilities Commission.
Lof If proposing to interconnect to utility utility company,the applicant shall provide to the Department
Planning Services a copy of a"letter of intent to interconnect"or interconnection agreement
signed by the utility company.
M. WIND GENERATORS shall not create a detrimental effect on nearby properties through elec-
tromagnetic interference.
Sec.23-4-460. Zoning Permit for WIND GENERATOR permit application requirements.
An application fora Zoning Permit for a WIND GENERATOR shall include the following.
A. Name,address,and telephone number of the applicant.
B. Name,address,and telephone number of the owner of the land,if different from subsection
A,above.
NOTICE
The Board of County Commissioners of Weld County, Colorado, will conduct a public
hearing at 9:00 a.m., on October 27, 2008, 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
November 17, and December 8, 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. 2008-85
APPLICANT: County of Weld
REQUEST: Code Ordinance #2008-16, In the Matter of Repealing and Reenacting, with
Amendments, Chapter 23 Zoning, of the Weld County Code
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: October 10, 2008
PUBLISHED: October 17, 2008, in the Greeley Tribune
Ain
Affidavit of Publication
STATE OF COLORADO
55.
County of Weld,
1, Jennifer Usher
of said County of Weld, being duly sworn, say that I am an
advertising clerk of
THE TRIBUNE
NOTICE that the same is a daily newspaper of general circulation and
The Board of County Commieepners dwNd County,Colorado, printed and published in the City of Greeley, in said county and
will conduct a public headng at 9:00 a.m.;on October 27,2008, state; that the notice or advertisement, of which the annexed is a
in the Chambers of the Board of County Commissioners,Weld true copy,(days): that the notice was published in the regular and
County Centennial Center,915 10th Street,First Floor,Greeley,
Colorado,for the purpose of considering amendments to certain entire issue of every number of said newspaper during the period
Sec-
ond thirreading of said Ordiinanncde,as e will bye considrreed on and time of publication newspaper
of said notice, and in the news a er
November 17,and December e,2008. All persons in any man- proper and not in a supplement thereof; that the first publication
her interested are requested to attend said headng and may be
heard. of said notice was contained in the,issue of the said newspaper-
Ii a court reporter is desired,please advise the Clerk to the
Board,in writing,at least five days prior of the hearing. The cost bearing date the Seventeenth day of October
of engaging a court reporter shall be borne by the requesting
parry. In accordance with the Americans with Disabilities Act,if AD. 2008 and the last publication thereof: in the issue of said
special accommodations are required in order for you to partici- newspaper bearing date the Seventeenth day of
pate in this hearing,please contact the Clerk to the Boards Of-
fice 19701358-4000,Extension 4225,pdorM the day of the October AD. 2008- that said The Tribune has been published
hearing.
Copies of the proposed amendmentaof may be examined in of- continuously and uninterruptedly during the period of at least six
lice of the Clerk to C Board Centennial
Countynt 915 10th locatedh
in the Weld County Cenennial corner,sl5loth street,elm • months next prior to the first issue there of contained said notice
Floor,Greeley,Colorado,Monday through Friday,8:00 a.m.to or advertisement above referred to; that said newspaper has been
5:00 p.m.
DOCKET NO.2008-85 admitted to the United States mails as second-class matter under
the provisions of the Act of March 3, 1879, or any amendments
APPLICANT:Counry of Weld
thereof; and that said newspaper is a daily newspaper duly
REQUEST:Code Ordinance#2008-18,In the Matter of Repeal- qualified for publishing legal notices and advertisements within
ing and Reenacting,with Amendments,Chapter 23 Zoning,of
the Weld County Code • the meaning of the laws of the State of Colorado.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
DATED:October 1Q 2008
The Tribune October 17, 2008
October 17,2008
Total Charges: $18.27
Advertise Clerk
17th day of October, 2008
My Commission Expires 02/14/2011
Notary Public
NOTICE OF PUBLIC HEARING
The Weld County Planning Commission
will hold a public hearing on Tuesday,
October 21, 2008, at 1:30 p.m. for the
purpose of considering Code Changes
• for the Weld County Code.
STAFF:Chris Gathman
ITEMS: Chapter 23: Sections 23-1-90,
23-3-30 N, 23-3-40 DD, 23-3-210 C5,
23-3-210 D10, 23-3-220 C5, 23-3-220
D8, 23-3-230 C5, 23-3-230 C4, 23-3-
230 D9, 23-3-240 C8, 23-3-240 D4, 23-
3-310 C8, 23-3-310 D8, 23-3-320 C7,
23-3-320 D13, 23-3-330 C7, 23-3-330
D14,23-3-420 H,23-3-430 M,23-4-970,
23-4-980,and 23-4-990.
The public hearing will be held in the
hearing room, Weld County Planning
Department, 918 101h St, Greeley,
Colorado 80631. Comments or
objections related to the above request
should be submitted in writing to the
Weld County Department of Planning
Services, 918 10th Street, Greeley,
Colorado 80631, before the above date
or presented at the public hearing on
October 21,2008.
Copies of the application are available
for public inspection in the Department
of Planning Services, 918 10' Street,
Greeley, Colorado 80631. Please call
Kristine Ranslem at (970) 353-6100,
Ext. 3519, or Fax # (970) 304-6498,
prior to the day of the hearing so that
reasonable accommodations can be
made if, in accordance with the
Americans with Disabilities Act, you
require special accommodations in
order to participate in this hearing as a
• result of a disability.
All cases scheduled before the Planning
Commission for hearing are subject to
continuance, due to lack of quorum or
otherwise. Contact the Department of
Planning Services at (970) 353-6100,
ext. 3540, for hearing continuance
information.
Doug Ochsner, Weld County Planning
Commission.
To be published in the Greeley Tribune.
To be published one(1)time by October
3,2008.
•
Affidavit of Publication
• STATE OF COLORADO
s5.
County of Weld,
I, Jennifer Usher
of said County of Weld, being duly sworn, say that I am an
advertising clerk of
THE TRIBUNE
that the same is a daily newspaper of general circulation and
printed and published in the City of Greeley, in said county and
state; that the notice or advertisement, of which the annexed is a
NOTICE OF PUBLIC HEARING true copy,(days):that the notice was published in the regular and
entire issue of every number of said newspaper during the period
The Weld County Planning Commission will hold a public hear- and time of publication of said notice, and in the newspaper
ing on Tuesday,October 21,2008,at 1:30 p.m.for the purpose
of considering code changes for the Weld County Code. proper and not in a supplement thereof; that the first publication
STAFF:Chaser 23: S of said notice was contained in the, issue of the said newspaper-
IT :Chapter th Sections 23-1-90,23-3-30 N,23-3-40 DR
23-3-210 C5,23-3-210 010,23-3-220 CS,23-3-220 DB, bearing date the
23-3-230 C5,23-3-230 C4,23-3-230 D9,23-3-240 CB,23-3-240
D4,23-3-310 CO.23-3-310 D8,23-3-320 C7,23-3-320 D13, Third day of October AD.2008 and the last publication thereof: to
23-3-330 C7,23-3-330 D14,23-3-420 N,23-3-430 M,23.4-970, the issue of said newspaper bearing date the Third day of October
23-4-980,and 23-4-990.
The public hearing will be held in the hearing room,Weld Coun- AD. 2008' that said The Tribune has been published
ty Planning Department,918 10th St,Greeley,Colorado 80631.
Comments or objections related to the above request should be continuously and uninterruptedly during the period of at least six
submitted in writing to the Weld County Department of Planning
Services,918 10th Street,Greeley,Colorado 80831,before the months next prior to the first issue there of contained said notice
above date or presented at mepudochearingonoctober2l, or advertisement above referred to; that said newspaper has been
2008.
Copies of the application are available for public inspection in the admitted to the United States mails as second-class matter under
Department of Planning Services,918 10th Street,)353-8y,Col-
orado80631. Please call e to ate 970)of h 0, the provisions of the Act of March 3, 1879, or any amendments
Ext.3519,or Fax#(970)304-6498,prior to the day of the hear-
ing so that reasonable accommodations can be made if,in ac- thereof; and that said newspaper is a daily newspaper duly
condone with the Americans with Disabilities Act,you require qualified for publishing legal notices and advertisements within
special accommodations in order to participate in this hearing as
a result of a disabilRy the meaning of the laws of the State of Colorado.
All cases scheduled before the Planning Commission for hear-
ing are subject to continuance,due to lack of quorum or other-
wise. Contact the De ext.3540,fp�artment of Planning Services at(970)
353-8100Doug Ochsner,Weld County r hearing
Convnissbn.uance information.-
October 3,2008
The Tribune
October 3,2008.
Total Charges: $16.08
l�1[ ��
/v Advertising Clerkrk
27th day of,October 2008
M Commission Expires 06/1 2009
rrr�/
Notary Public
•
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