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HomeMy WebLinkAbout20042382.tiff i30 WELD COUNTY CODE ORDINANCE 2004-5 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, AND CHAPTER 24 SUBDIVISIONS, 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 requirement therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that Chapter 23 Zoning, and Chapter 24 Subdivisions, are revised to read as follows CHAPTER 23 ZONING 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: DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is partially or totally dismantled; has all or portions of its body work missing or is substantially damaged;does not have valid registration with the State, as required by Section 42-3-103, C.R.S., or by Section 42-3-138 or42-12-102, C.R.S., and/or the number plate assigned to it is not permanently attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on public road rights-of-way or otherwise not equipped with lamps and other equipment as required in Sections 42-4-202 to 42-2-227, C.R.S. This definition shall not include implements of husbandry, farm tractors or vehicles customarily operated in a FARMING operation. 11111111111111111111111111111111111111111111111 3214130 08/31/2004 11:24A Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2004-2382 PAGE 1 ORD2004-5 OO PL HOUSEHOLD PETS: Any nonvenomous species of reptile and any domestic dog, domestic cat, rodent, primate or bird over the age of six(6)months;provided,that members of the order crocodi/ia (e.g. crocodiles, alligators, etc.), large primates, including gorillas, orangutans, baboons,chimpanzees, member of the class Ayes,order falcons(e.g. hawks, eagles,vultures, etc.); and animals defined as LIVESTOCK herein, shall not be considered to be HOUSEHOLD PETS for the purpose of this Chapter. (Note: See definitions of EXOTIC ANIMALS, LIVESTOCK and KENNEL.) KENNEL: Any place other than a PET SHOP or veterinary clinic or HOSPITAL,where five (5)or more HOUSEHOLD PETS of one(1)species, or a total of eight(8)or more household pets of two (2) or more species, are kept or maintained. Property that is zoned A (Agricultural)and not part of a platted subdivision or unincorporated town and which is larger than ten (10) acres shall be permitted to keep or maintain the following without being considered a KENNEL: eight (8) HOUSEHOLD PETS of one (1) species, or sixteen (16) HOUSEHOLD PETS of two (2) or more and, in addition, no more than thirty (30) birds, as long as the landowner or occupant holds a current Common Bird Breeder license issued by the Colorado Department of Agriculture Animal Industry Division and is in good standing with such Division. Sec. 23-4-170.C; 23-4-180.C; 23-4-200.A; 23-4-220.C. Change reference in each section from Section 23-4-230.6 to Section 23-4-230. Sec. 23-5-10. Definitions. AIRPORT ELEVATION: The established elevation of the highest point on the usable landing area (four thousand six hundred ninety-seven [4,697] feet above sea level). Sec. 23-5-20. Airport zone. In order to carry out the provisions of this Chapter,there are hereby created and established certain zones which include all of the land lying beneath the approach surfaces,transitional surfaces, horizontal surfaces, and conical surfaces as they apply to the Greeley-Weld County Airport. Such zones are shown on the Greeley-Weld County Airport Airspace(FAR Part 77 Surface), being Exhibit IV of the document entitled, "Airport Master Plan," dated December 15, 2003, a copy of which is on file at the Clerk to the Board's office and the Department of Planning Services. An area located in more than one (1) of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows: No change to remainder of Section. Sec. 23-5-30. Airport Zone height limitations. Except as otherwise provided in this Chapter., no structure shall be erected, altered or maintained, and no tree shall be allowed to grow in any zone created by this Chapter to a HEIGHT in excess of the applicable HEIGHT herein established for such zone. Such applicable HEIGHT limitations are hereby established for each of the zones in question as follows: 11111111111111111 31111111111111 I I I HMI I I I I I II 3214130 08/31/2004 11:24A Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2004-2382 PAGE 2 ORD2004-5 A through C - No change. D. Transitional Zone: Slopes seven(7)feet outward for each foot upward beginning at the sides of, and at the same elevation as, the primary surface and the approach surface, and extending to a HEIGHT of one hundred fifty (150) feet above the AIRPORT ELEVATION which is fourthousand six hundred ninety-seven(4,697)feet above MEAN SEA LEVEL. In addition to the foregoing,there are established HEIGHT limits sloping seven (7)feet outward for each foot upward beginning at the sides of and the same elevation as the approach surface, and extending to where they intersect the conical surface. Where the precision INSTRUMENT RUNWAY approach zone projects beyond the conical zone, there are established HEIGHT limits sloping seven (7)feet outward for each foot upward beginning at the sides of and the same elevation as the approach surface,and extending a horizontal distance of five thousand (5,000) feet measured at ninety-degree angles to the extended RUNWAY centerline. E. Horizontal Zone: Established at one hundred fifty (150) feet above the AIRPORT ELEVATION or ata HEIGHT of four thousand eight hundred forty-seven(4,847)feet above MEAN SEA LEVEL. F - No change. CHAPTER 24 SUBDIVISIONS Sec. 24-8-35. Subdivision exemption process and time parameters. After a complete application is received, the subdivision exemption should be completed within forty-five(45)days unless processed with a Recorded Exemption, in which case the time frame will follow the Recorded Exemption process as described in Section 24-8-40 of this Code. 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. 1111111 11111111111111111111111111111111 i l l 1111111111111 3214130 08/31/2004 11:24A Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2004-2382 PAGE 3 ORD2004-5 The above and foregoing Ordinance Number 2004-5 was, on motion duly made and seconded, adopted by the following vote on the 18th day of August, A. D., 2004. /�,����amit BOARD OF COUNTY COMMISSIONERS ������'v" W LD COUNTY, COLORADO �ta� / e Robert D. Masden, Chair or . . ..n. Clerk to the Board cta ., /Thy 'Iasi S2"�� / ' William erke, Pro-Tem ,/ � e 1 1 w +xy Clerk to the Board M. Ile APP AS TO David E. Long my Attorney Glenn Vaad Publication: June 19, 2004 First Reading: July 7, 2004 Publication: July 14, 2004, in the Fort Lupton Press Second Reading: July 26, 2004 Publication: July 31, 2004, in the Fort Lupton Press Final Reading: August 11, 2004 Publication: August 18, 2004, in the Fort Lupton Press Effective: August 22, 2004 MOM 3214130 08/31/2004 11:24A Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2004-2382 PAGE 4 ORD2004-5 Hello