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HomeMy WebLinkAbout20031252.tiff 5-R-a_503 WELD COUNTY CODE ORDINANCE 2003-6 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION, CHAPTER 3 PERSONNEL, CHAPTER 5 REVENUE AND FINANCE, CHAPTER 8 PUBLIC WORKS, CHAPTER 9 INFORMATION SERVICES, AND CHAPTER 12 LICENSES AND PERMITS, 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 forthe 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of the County of Weld,State of Colorado,that certain existing Chapters of the Weld County Code be,and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows. Add Article 13, Chapter 2: CHAPTER 2 ADMINISTRATION ARTICLE XIII The Weld County Addressing System Sec. 2-13-10. Purpose and intent. A. In 1972, the Board of County Commissioners of Weld County initiated a study of county addressing and determined the lack of a standard addressing system presented a hindrance to public health and safety in such areas as emergency services response,utility location, postal delivery, delivery and repair services, and tourism. On January 23, 1974, the Board of County Commissioners adopted a resolution creating a uniform rural addressing system, as proposed by Mountain Bell, and incorporated the system into the then current City of Greeley system. On June 7, 1976,the Board adopted by resolution the Greeley Area Rural Addressing Boundary Map for a uniform rural addressing system in Weld County. The County Wide Rural Addressing System was approved by resolution of the Board on January 5, 1977,and the Weld County Planning Department was designated to manage the addressing system by resolution of the Board in March, 1977. B. The purpose of this Article 13 is to codify addressing policies and procedures to ensure consistency of addresses throughout Weld County,to avoid duplication of addresses,and 2003-1252 PAGE 1 ORD2003-6 to ensure the health, safety, and welfare of the citizens of Weld County. The policies and procedures set forth in this Article 13 supercede all previous resolutions adopted by the Board regulating addressing in Weld County,and shall be referred to as The Weld County Addressing System. Sec.2-13-20. Authority. The Board of County Commissioners of Weld County is authorized to enact these addressing policies and procedures pursuant to its regulatory powers contained in C.R.S. §§ 30-11-101, 30-11-103, 30-11-107(h) and (n), and 30-28-102. Sec.2-13-30. Responsibility for issuance of addresses and maintenance of the Weld County Addressing System. Issuance of addresses within Weld County and maintenance of The Weld County Addressing System shall be the responsibility of the Weld County Department of Planning Services. Sec. 2-13-40. Issuance of addresses. Addresses shall only be issued for locations within the unincorporated areas of Weld County where structures are being constructed or power poles erected and which necessitate the issuance of building or electrical permits by the Weld County Building Inspection Department. To be issued an address,the location must be a legal lot(defined in Section 23-1-90 of this Code)served by an approved access,as such term is defined in Section 2-13-50 of this Code. Only one address will be issued per legal lot, except where more than one address is justified, as determined by the Department of Planning Services. Sec. 2-13-50. Approved access. The term "approved access"shall mean access to a legal lot which is either shown on a recorded plat approved through the processes described in Chapters 23, 24, or 27 of this Code, or to a legal lot where such access has been approved by inspectors of the Weld County Building Inspection Department. Sec. 2-13-60. Application requirements for issuance of address. A. The following information shall be submitted on or attached to an application form which shall be obtained from the Department of Planning Services: 1. Name and address of the applicant. 2. Proof of ownership and legal description of the legal lot for which the address is being requested. 3. Depiction of access to the legal lot, consisting of a completed Weld County Road Access Information Form and, if appropriate, a copy of a recorded plat approved through the processes described in Chapters 23, 24, or 27 of this Code. Sec. 2-13-70. Rules for issuance of addresses in Weld County. A. The starting point of the Weld County addressing grid is the southwest corner of the County, being the 0000 point. Addresses increase numerically as they proceed north and east by 1000 on each section line (every mile). B. Weld County Road ("WCR") 47 is the start of the 23000 block through the County, and WCR 58 is the start of the 28000 block through the County. C. All north-south roads are odd-numbered, and all east-west roads are even-numbered. WCR's beginning with the numeral"3"run at diagonals to the section lines. To address on a WCR beginning with the numeral "3,"the entire length of the road must be considered, so as to determine its general direction and which grid lines are used for addressing. For example, WCR 394 runs more east to west, so the north-south grid is used to assign address thereon; WCR 392 runs more north-south, so the east-west grid is used. D. The north and west sides of the road are odd-numbered; the last digit of the address being 1, 3, 5, 7, or9. 2003-1252 PAGE 2 ORD2003-6 E. The south and east side of the road are even-numbered;the last digit of the address being 0, 2, 4, 6, or 8. F. To calculate the address, distance is measured from intersecting WCR's (or west/south section lines)to the approved access. The distance is divided by the total linear feet in 1 mile (5280 feet) to 4 decimal pointspositions. The last digit is then rounded either up or down, depending upon which side of the WCR the approved access is located. The decimal point is dropped and the appropriate thousand block number is added to obtain the correct house number. G. Addresses issued to legal lots located within unincorporated platted townships may be calculated either by the method described in Subsection F.,above,or by numbering unique to the townships. All addresses issued shall be consistent with established addresses within the townships. H. Addresses for legal lots located within subdivisions or planned unit developments("PUD's") shall be issued in accordance with the following rules: 1. Interior street names in subdivisions and PUD's shall be approve in the course of the land use approval process, according to the following guidelines: a. Street names should be easy to read and have low potential for duplication in spelling and pronunciation. b. Street names should be considered so as to avoid misinterpretation or emergency dispatch errors,either within Weld County or in any surrounding jurisdictions. c. Directional names (north, south, east, west) should be approved by Department of Planning Services' staff after initial plat submittal to define street parameters. d. Street names with hyphens,apostrophes or other extraordinary characters should be avoided. e. Whenever possible, duplication of addresses on similar streets should be avoided, e.g., 3203 Jasmine Drive and 3203 Jasmine Place. f. Private streets and roads shall be assigned names and such names shall be shown on the final plats. g. The type and direction of a street or road shall be limited to the following: 1) Avenue - roads running north/south. 2) Street- roads running east/west. 3) Circle-horseshoe-shaped or looped roads that have beginning and ending points connecting to the same street. 4) Drive - roads running north/south. 5) Boulevard - roads running east/west. 6) Way- cul-de-sacs running north/south. 7) Place - cul-de-sacs running east/west. 8) Parkway- arterials running east/west. 2. The thousand number of addresses issued within subdivisions and PUD's shall be based on the WCR road number from which the subdivision is accessed. The last three digits should indicate where on the section line mile the access to the subdivision or PUD is located. For example, if access to a subdivision is located off WCR 49, two-tenths of a mile from the intersection and on the west side of WCR 49, the starting number for the subdivision will be 49201. 3. Addresses on straight streets or roads within subdivisions and PUD's shall be issued odd numbers on their north and west sides, and even numbers on the east and south sides. 4. Addresses on curved streets or roads within subdivisions and PUD's shall be issued based on the direction of the street or road, using 60% of its length as a guideline. 2003-1252 PAGE 3 ORD2003-6 Curved streets or roads running in one direction only should have one name and keep that name through the entire length. 5. Addresses on streets and roads with 180-degree directional bends within subdivisions and PUD's shall be issued even numbers on either the inside or outside of the loop and the odd numbers on the other side. 6. Addresses on diagonal streets within subdivisions and PUD's shall be issued according to the predominant line of direction--either as a north/south or east/west street or road using the direction of 60% of its length as a guideline. 7. Specific rules regarding residential addressing: a. Single-family dwellings located on interior lots shall be issued one address per lot, maintaining consistent number sequences throughout the subdivision or PUD, when possible and based on the approved access street or road on the recorded plat. b. Single-family dwellings located on corner lots-may shall be issued two preliminary addresses, one from-e LIr ra,,,,,.,,,J interior streets (unless the subdivision or PUD restricts access). When the building permit is applied for, the access is verified and correct addresses issued. c. For townhouses or condominiums, buildings with two, three and four units (duplexes, triplexes or four-plexes) shall generally be assigned an address for each unit. Buildings with five or more units shall be given one address, with each dwelling unit being assigned a letter or number. Buildings within the same complex shall be addressed by one of the two previously described methods if there is a mix of types or number of units per building. d. For apartments, each apartment building shall be given one address, with each individual dwelling unit therein assigned letters or numbers. 8. Specific rules regarding commercial/industrial addressing: a. One address shall be issued per lot, based on the approved primary access street, as indicated on the recorded plat. b. Each building shall be assigned a single address, regardless of the number of internal suites or units located therein. Sec.2-13-80. Change or correction of addresses. Incorrect addresses may be reported to the Department of Planning Services by property owners, mail carriers, utility providers, building inspectors or other County agencies. When a correction is warranted as determined by Department of Planning Services'staff, the correct address shall be calculated and notification of the correction shall be sent to the property owner. Requests for address changes shall be treated like newaddress requests,and shall only be granted if the requested new addresses are consistent with the addressing rules stated within this Article 13. Sec. 2-13-90. Inclusion of issued addresses onto Weld County Address Map. Record of addresses issued by the Department of Planning Services shall be transmitted forthwith to the Weld County GIS Department for inclusion onto the Weld County Address Map. The Department of Planning Services shall have the responsibility of notifying appropriate agencies of issued addresses. Sec. 2-13-100. Miscellaneous provisions. A. Appeal of address issuance decisions. Appeal of any decisions made by Department of Planning Services'staff regarding the issuance of addresses shall be made to the Planning Director for determination. Appeals shall be written and received by the Planning Director no later than ten (10) days after the date of decision by Planning staff. B. Coordination with municipalities. The Department of Planning Services shall coordinate the 2003-1252 PAGE 4 ORD2003-6 issuance of addresses for properties located adjacent to municipalities,or municipalities in close proximity, so as to maintain consistency and to avoid duplication. C. Posting of issued addresses. All addresses shall be posted on the structures or power poles to which they are issued in accordance with the requirements of Section 502 of the 1997 Uniform Building Code, or of any applicable fire code. CHAPTER 3 PERSONNEL Amend Section 3-14-20 as follows: Sec. 3-14-20. Employee Categories Subject to Testing. A and B, no change. C. The following categories of drivers for Weld County are subject to the policy and are considered to perform safety-sensitive functions: 1. Service Workers I, II, and III. 2. Lead Worker. 3. Welder Ill. 4: Engineering Tech II 5 Foreman 6 Supervisor D. Although the following categories of drivers for Weld County do not perform safety-sensitive functions as defined above, pursuant to Weld County policy they are subject to the regulations set forth in this substance abuse policy: 1. Motor Grader operators without CDL LicensesPublic Works Graders II and III. 2. Mower OperatorsWeed Control Specialists I and II. 3. foremanWeed'Control Lead Worker. 4. SupervisorMowers I and II. 5 Vegetation Management Specialist: E. No Change. CHAPTER 5 REVENUE AND FINANCE Amend 5-7-10 as follows: Sec. 5-7-10. Permits, regulations and fees established. The following permits, fees and regulations are determined by the Board of County Commissioners: A thru H and J thru S - No change. Fees for health services administered by the Weld County Department of Public Health and Environment are approved by Resolution of the Board of County Commissioners and are not delineated by Exhibit. For the latest fee schedule, please contact the Weld County Department of Public Health and Environment or Clerk to the Board's Office. Delete Appendix 5-G. 2003-1252 PAGE 5 ORD2003-6 CHAPTER 8 PUBLIC WORKS Amend Section 8-6-90 as follows: Section 8-6-90.County expenditures for roads within municipal boundaries. No County funds shall be spent on the construction, upgrade, paving and/or maintenance of streets, roadways and/or highways located within incorporated municipal boundaries,unless authorized by resolution of the Board of County Commissioners. CHAPTER 9 INFORMATION SERVICES Amend Article 3, Internet Acceptable Use Policy Sec. 9.3-140. Retention, archiving and destruction of e-mail. A. E-mail messages that concern policies, decision-making, specific case files, contracts or other information that should be kept as part of the official records of County business should be retained by the recipients of such e-mail. Therefore,employees are responsible for retaining and archiving electronic mail messages as official records of County business. E-mail messages that are intended to be retained as public records should be stored on the County's network drives in order to be included in the centralized back-up process, or should be printed for retention in paper files. E-mail messages will be deleted by the Director of Information Services on the 30`h day following receipt,whether or not they are deleted by the recipient. This e-mail retention policy is intended to be the creation of a local retention regulation, in accordance with C.R.S. § 6-17-104. B. The Director of Information Services is the official custodian of electronically/digitally stored information, including e-mail. The Department of Information Services is responsible for monitoring, retrieving, and/or deleting archived data/information, and/or approving exceptions to the retention rule stated in Subsection A, above. CHAPTER 12 LICENSES AND PERMITS Add Section 12-2-70 to Article 2, Liquor Licenses, as follows: Sec. 12-2-70. Temporary permits. Pursuant to C.R.S. § 12-47-303, the Board of County Commissioners has the authority to issue a temporary permit to a transferee of any retail class of alcohol beverage license previously issued by the Board. The temporary permit shall authorize a transferee to continue selling such alcohol beverages as permitted under the permanent license until such time as the application for transfer of ownership of the permanent license is either granted or denied, or for one-hundred twenty (120)days, whichever occurs first. The temporary permit may only be issued by the Board if the applicant has filed with the Clerk to the Board an application for transfer of ownership of the permanent license, has paid the temporary permit fee of$100.00,and has filed application for the temporary permit no later than thirty(30)days after the filing of the application for the transfer of ownership. Application for the temporary permit must be considered by the Board at the it's next regular meeting following receipt of the temporary permit application. Upon issuance, the transferee shall post notice of the temporary permit next to the permanent license posted within the licensed premises. The temporary permit may be canceled, revoked, or summarily suspended if the Board determines that there is probable muse to believe 2003-1252 PAGE 6 ORD2003-6 the transferee has violated any provision of the Colorado Liquor Code, or has failed to truthfully disclose those matters required pursuant to the application forms for transfer of ownership. Amend Article 5, Public Dance Hall,Booth, Pavilion or Other Place Where Public Dances are Held: Sec. 12.5-40. Notice; posting; hearing. Subsection A and B - No change. C. To grant the application, the Board of County Commissioners must find that the premises is a safe and proper place for the intended purpose, and that the public morals, public safety or public health of the community shall be satisfied by the issuance of the license. Such determination may include,but not be limited to,consideration of the following factors: 1. That the premises is equipped with sufficient water, lighting, parking and restroom facilities to accommodate the number of persons expected to attend dances thereon. 2. That the premises is not in such a state of disrepair that it is more likely than not to be a safety hazard to eprsons expected to attend dances thereon. 3. That if the premises consists of an enclosed structure, the structure is sufficient in size and fire rating to safely accommodate the numbrof persons expected to attend dances therein, and all requirements fo the applicable fire department, district, or authority have been met. 4. That the premises is capable of being accessed from a public road, street, or highway safely without causing an increased risk of accidents. Subsection D - No change. BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Colorado Code Publishing to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and sub- sections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization,grammar,and numbering or placement of chapters,articles,divisions,sections,and sub-sections in said Code. BE IT FURTHER ORDAINED by the Board if any section,subsection,paragraph,sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. The above and foregoing Ordinance Number 2003-6 was, on motion duly made and seconded, adopted by the following vote on the 9th day of June, A. D., 2003. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: David E. Long, Chair Weld County Clerk to the Board Robert D. Masden, Pro-Tem 2003-1252 PAGE 7 ORD2003-6 BY: Deputy Clerk to the Board M. J. Geile APPROVED AS TO FORM: William H. Jerke County Attorney Glenn Vaad Publication: April 24, 2003 First Reading: May 5, 2003 Publication: May 8, 2003, in the South Weld Sun Second Reading: May 19, 2003 Publication: May 29,2003, in the South Weld Sun Final Reading: June 9, 2003 Publication: June 19,'2003 in the South Weld Sun Effective: June 24, 2003 2003-1252 PAGE 8 ORD2003-6 Hello