HomeMy WebLinkAbout20042120.tiff 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; is not registered does not have valid registration with the State, as required by
Section 42-3-103, C.R.S.,or by Section 42-3-138 or 42-12-102,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.
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,+however,that
members of the order crocodilia(e.g. crocodiles, alligators, etc.), large primates,including
gorillas,orangutans,baboons,chimpanzees,member of the class-apesAves, 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
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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,ora 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 species without being considered a KENNEL 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. 23-5-10. Definitions.
AIRPORT ELEVATION: The established elevation of the highest point on the usable landing
area (four thousand six hundred ninety-seven (4,6907] 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 Zoning Map
Airspace (FAR Part 77 Surface), being Exhibit IV of the Airport Master Plan and dated
December 15,2003,consisting of one(1)sheet, prepared by Isbill Associates, Inc.,Airport
Consultants, dated June 1994,the most recent 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:
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 four thousand six hundred ninety-seven (4,6907)
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
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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 at a HEIGHT of four thousand eight hundred forty-seven(4,8407)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 recordcd 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.
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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.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Robert D. Masden, Chair
Weld County Clerk to the Board
William H. Jerke, Pro-Tem
BY:
Deputy Clerk to the Board
M. J. Geile
APPROVED AS TO FORM:
David E. Long
County 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
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