HomeMy WebLinkAbout20003357.tiff Colorado Code Publishing Company (970)498-9229 * (800) 352-9229
210 West Magnolia Street Fax: (970)493-2550
Fort Collins,CO 80521-2812 E-mail colocode rii.com
www.frii.com/—colocode/
June 2, 2000
Ms. Carol Harding, Clerk to the Board
915 10th Street
Greeley, CO 80632
Re: Weld County Code
Dear Carol:
Thank you for inviting us to meet with you on Tuesday to discuss the codification of the
Weld County Code. We appreciate the fact that the meeting was attended by those staff
members who will have a significant influence on the outcome of our publication of the Code.
There were several topics which were discussed, some needing resolution and others for
which information and discussion were appropriate. I want to share with you and the other
participants some thoughts which I have regarding the future work to be accomplished.
We discussed the layout of the proposed Code, with chapters and titles that seem
appropriate. In your review, please consider whether the groupings of the materials are
appropriate and if the materials in each chapter appear to be topically consistent for that
chapter.
I was pleased that we have been able to present a first draft of the proposed Code which
contains the merged ordinances from several sources for incorporation into one final
document. The effort to consolidate these materials into one comprehensive document is a
challenging task and it appears that, for the most part, we have most of the contents in the
right locations, under the right topics and in the right sequence for further work and
refinement. There is much to be done yet, in terms of refinement, and that will be our
challenge over the next few months.
The formatting of the Code is a matter of importance. We have followed the form and
style which we originally proposed, a two-column format, with sections appropriately named
and numbered, organized around common topics. We have a considerable amount revising
and reformatting to address the issues which have been raised, particularly dealing with large
chapters and topics which have considerable substance. However, we believe that we are on
the right track regarding the basic form for the completion of the work. It is clear that we
need to expand the number of sections in many of the chapters, particularly those chapters
dealing with land use. Our final draft will contain numerous additional sections with
appropriate titles for your review and approval.
/� Xhh -335)
�; (t l" 4 ( 1/ , �" /
Ms. Carol Harding
June 2, 2000
Page 2
In addition to the expansion of the sections within the Code, each page will have an
appropriate page header which will describe the chapter name and article, together with the
beginning section number on that page. The headers on each page will assist the user in
identifying the contents and subject matters on that page.
In our first draft, we included many items which were shown in italics or struck through
for your evaluation for inclusion or exclusion of materials. It is clear to us after our meeting
that there is value in your considering many of the items in italics for inclusion, and that there
are many items which were struck through which needed to be re-included in the materials.
We are reminded that we are prepared to do the final draft of the Code with revisions
throughout its entirety, and your suggestions for inclusions or exclusions are valuable to us in
giving direction for the final version.
We discussed the need for expansion of the key words within the index. When we
complete the index, it will contain the key words which were provided by definitions within
the Code, as well as other common key words which we have used before in other published
codes. However, each code is different with unique key words. It will assist us in completing
the next draft of the index for you to identify key words which you consider appropriate for
your use. We will continually expand the index with additional key words and searches when
identified and needed.
When we gave to you the first draft, we also included a list of questions for your
consideration. Please review that list and provide answers to us where needed for direction in
completing the final draft. Carol, I know that you have a big job ahead to consolidate the
comments. I am sure that we will be able to follow your directions after we receive your
consolidated notes.
You and the staff participating in publication of the Weld County Code are to be
commended for your attention to the detail which is required for this project to be completed.
As we continue, please keep us advised of any changes which are necessary or helpful to
make the publication of the Code a complete success. I believe that the next version of the
Code will help to substantially address the questions and issues which have been raised.
However, after the next draft is completed, it may be helpful for us to meet again to discuss
any final revisions and changes.
Again, thank you for your help.
Very truly yours,
C i�. (Itr
John H. Huisjen
JHH/sam
Colorado Code Publishing Company (970)498-9229 * (800)352-9229
210 West Magnolia Street Fax: (970)493-2550
Fort Collins,CO 80521-2812 E-mail colocode@frii.com
www.frii.comi—colocode/
February 16, 2000
Ms. Carol Harding, Clerk to the Board
915 10th Street
Greeley, CO 80632
Re: Weld County Code
Dear Carol:
During my last visit, you identified a problem with the current draft of the Weld
County Code. You and others have observed that in some instances where the chapters are
long, it is difficult to remember the outline of the topics so that when you are reviewing a
particular section, it may become hard to remember the major topic, article or division to
which that section belongs. There is a limitation in the current draft of the Code because
the draft does not have page headers which identify the topic and section.
So that you may have a better understanding of the composition of the final draft, I
have furnished to you a copy of the Land Use Development Chapter from the Snowmass
Village Municipal Code. Please note that the header identifies the major article and
division by name, so that when you review a particular section you may refer to the major
topic to which that section belongs. Also, I have enclosed the last 17 pages of Chapter 19
from the draft of the Weld County Code showing a style of descriptive headers.
When the Weld County Code is completed in its final form, the headers will be fully
developed for each page, showing the topic of the chapter table of contents to which the
sections on that page are derived. Perhaps, after your review of this chapter from
Snowmass Village, you may be able to judge if the final printing with the expanded
headers will be satisfactory for your use.
Please advise me if you have any questions. 1 anticipate that we will meet at some
time to review all of the comments and concerns of staff so that we may proceed to the
final printing of the Code after incorporating all necessary changes.
Very truly/yours,/
ohn H. Huisjen `
JHH/sam
Enclosures
LI tlN(
Zoning,Art.V, Overlay Districts Sec. 19-5-40
according to this Chapter. All uses allowed by of the Board of Adjustment shall be exercised in
right and accessory uses permitted under the harmony with the intent of the County
current zoned district within the Overlay Comprehensive Plan, the intent of this Chapter
District. and the public interest.
(d) Requirements. Commercial and (1) The Board of Adjustment has the
industrial developments and subdivisions and power to hear and decide appeals from
residential subdivisions shall use the PUD decisions concerning zoning issues made by
procedure within the I-25 Mixed Use any official employed by the Board of
Development Area and activity centers. All County Commissioners in the administration
PUDs within the I-25 Mixed Use Development or enforcement of this Chapter.
Area shall have public water and public sewer
systems. (2) When there is an appeal of an
administrative decision, the Board of
(e) Establishment of the Planned Unit Adjustment may, so long as such action is in
Development Overlay District. There is hereby conformance with the terms of this Chapter,
established in the County a Planned Unit reverse, affirm or modify the order, decision
Development Overlay District. or determination appealed from.
(1) The Planned Unit Development (b) The Board of Adjustment has the
Overlay District includes all of the power to interpret the zone district boundaries,
unincorporated area of the County known as to interpret the location of lot lines with respect
the 1-25 Mixed Use Development Area and to zone district boundaries, and to act upon
activity centers. A map of the 1-25 Mixed similar questions as they may arise in the
Use Development Area and activity center is administration of this Chapter.
shown in Figure 1 of the ordinance codified
herein. (c) The Board of Adjustment has the
power to hear and decide appeals for variance
(2) Interpretation of the Planned Unit from the terms of Chapter 22 of this Code or
Development Overlay District boundaries, MUD design standards as applied to individual
location of lot lines with respect to the lots or parcels. Appeals for variance may be
boundaries and similar questions shall be brought to the Board of Adjustment when,
determined according to Article VI of this because of special conditions relating to the
Code. (Ord. 89-JJ §54, 1999) subject land, a literal enforcement of the
provisions of Chapter 22 of this Code or MUD
design standards would result in unnecessary
ARTICLE VI hardship to the appellant. Such an appeal is not
available during the zone change or final plan
Board of Adjustment stage and been denied by the Board of County
Commissioners.
Sec. 19-6-10. Powers and duties.
(1) Relief from the provisions of this
(a) Upon appeal, the Board of Adjustment Chapter may not be granted when the
shall have the powers and duties enumerated hardship is brought about solely through the
below. The powers and duties as listed shall be actions of the appellant.
exercised in conformance with the laws of the
State and in conformance with the terms and (2) Nor may No relief may be granted
conditions included in this Chapter. The powers when the result of granting the requested
19-183
Zoning,Art. VI,Board of Adjustment Sec. 19-6-10
relief is detrimental to the public good or Sec. 19-6-20. Appeals of administrative
when the relief is contrary to the purpose and decisions.
intent of this Chapter.
Appeals to the Board of Adjustment brought
(3) In granting any variance, the Board under the provisions of Section 19-6-10(a)
of Adjustment may prescribe appropriate above must be made within thirty (30) days of
conditions and safeguards in conformity with the order, requirement, decision or refusal
this Chapter. Violation of such conditions alleged to be in error. Appeals of administrative
and safeguards, when made a part of the decisions shall be made and processed as set
terms under which the variance is granted, forth below.
shall be deemed a violation of this Chapter
and punishable under Article VIII of this (1) Application Requirements. Appli-
Chapter. cations to appeal administrative decisions
shall be in written form according to the
(4) Under no circumstances shall the following requirements:
Board of Adjustment grant a variance to
allow a use not permissible under the terms a. A citation of the Section of this
of this Chapter in the district involved,or any Chapter which is the subject to the
use expressly or by implication prohibited by disagreement.
terms of this Chapter.
b. A written description of the
(5) No appeal of an administrative grounds for the appeal; and the reasons
decision to the Board of Adjustment shall be held by the appellant for the favored
allowed for building use or lot use violations interpretation.
that may be prosecuted under the terms of
Article VIII of this Chapter. c. Any other information determined
to be necessary by the Board of
(6) No nonconforming use of Adjustment that will aid the Board of
neighboring lots, structures or buildings in Adjustment in making a decision which
the same district, and no permitted or will not impair the intent and purpose of
nonconforming use of lots, structures or this Chapter.
buildings in other districts shall be
considered grounds for the issuance of a (2) Duties of the Department of
variance. Planning Services. The Department of
Planning Services shall:
(7) No variance in any Flood Hazard
Overlay District shall be issued if the result a. Review the application and
of the requested variance would be increased determine that it is complete before
flood levels during an intermediate regional scheduling consideration of the appeal by
flood. the Board of Adjustment.
(8) No variance from Chapters 21 and b. Arrange for publication of notice of
22 of this Code shall be allowed where the the public hearing to be held by the Board
term from which the variance is sought is one of Adjustment once in the newspaper
that was raised as an issue during the PUD designated by the Board of County
zone or final plat process. (Ord. 89-11 §61, Commissioners for publication of legal
1999; 1999 Codification) notices. The date of publication shall be
19-184
Zoning, Art.VI, Board of Adjustment Sec. 19-6-20
at least ten (10) days prior to the boundary or lot line alleged to be true and
scheduled hearing. proper by the appellant.
c. Review the application for c. Any other information determined
consideration of the appeal and shall to be necessary by the Board of
prepare comments, for use by the Board Adjustment that will aid the Board of
of Adjustment, addressing all aspects of Adjustment in making a decision which
the appeal, its conformance with sound will not impair the intent and purpose of
land use planning practices, the effect of this Chapter.
granting or denying the appeal, its
conformance with the County (2) Duties of the Department of
Comprehensive Plan and master plans of Planning Services. The Department of
affected municipalities. Planning Services shall:
(3) Duties of the Board of Adjustment. a. Review the application and
The Board of Adjustment shall hold a public determine that it is complete before
hearing to consider the appeal. Seven (7) scheduling consideration of the appeal by
members of the nine-member Board of the Board of Adjustment.
Adjustment shall constitute a quorum for the
transaction of business. The Board of b. Arrange for publication of notice of
Adjustment shall make its decision based the public hearing to be held by the Board
only on the information presented at the of Adjustment once in the newspaper
public hearing. The concurring vote of six designated by the Board of County
(6) members of the Board of Adjustment Commissioners for publication of legal
shall be necessary in order to decide in favor notices. The date of publication shall be
of the appellant on any appeal brought at least ten (10) days prior to the
pursuant to this Chapter. (Ord. 89-JJ §62, scheduled hearing.
1999)
c. Review the application for
Sec. 19-6-30. Appeals for interpretation of consideration of the appeal and shall
boundaries or lot lines. prepare comments for use by the Board of
Adjustment, addressing all aspects of the
Appeals to the Board of Adjustment brought appeal, its conformance with sound land
pursuant to Section 19-6-10(b) above shall be use planning practices, the effect of
made and processed as set forth below: granting or denying the appeal, its
conformance with the Comprehensive
(1) Application Requirements. Appeals Plan and master plans of affected
for interpretation of zone district boundaries municipalities.
or of lot lines shall be made in written form
according to the following requirements: (3) Duties of the Board of Adjustment.
The Board of Adjustment shall hold a public
a. An application for appeal on the hearing to consider the appeal. Seven (7)
form as prescribed and furnished by the members of the nine-member Board of
Department of Planning Services. Adjustment shall constitute a quorum for the
transaction of business. The Board of
b. Other written and graphic materials Adjustment shall make its decision based
serving as evidence sufficient to only on the information presented at the
document the location of the zone district public hearing. The concurring vote of six
19-185
Zoning, Art. VI,Board of Adjustment Sec. 19-6-30
(6) members of the Board of Adjustment properties in the same zoning district
shall be necessary in order to decide in favor under the terms of this Chapter.
of the appellant on any appeal brought
pursuant to this Chapter. (Ord. 89-JJ §63, 1 A statement that demonstrates that
1999) the special conditions or circumstances do
not result solely from the actions of the
Sec. 19-6-40. Appeals for variance. appellant.
Appeals to the Board of Adjustment brought g. A certified list of the names,
pursuant to Section 19-6-10(c) above shall be addresses and the corresponding Parcel
made and processed as set forth below. Identification Number assigned by the
County Assessor of the owners of
(1) Application Requirements. Appeals property (the surface estate) within five
for variance in the application of specific hundred (500) feet of the property subject
terms or requirements in this Chapter shall be to the application. The source of such list
made in written form according to the shall be the records of the County
following requirements: Assessor, or an ownership update from a
title or abstract company or attorney,
a. An application for appeal on the derived from such records or from the
form as prescribed and furnished by the records of the County Clerk and
Department of Planning Services. Recorder. If the list was assembled from
the records of the County Assessor, the
b. A plot plan showing the location of applicant shall certify that such list was
existing features, such as structures, assembled within thirty (30) days of the
fences, streams, public or private rights- application submission date.
of-way and streets, access, etc. The plot
plan shall include all proposed structures. h. Evidence that demonstrates that the
variance requested is the minimum
c. A copy of a deed, purchase contract variance that will make possible the
or other legal instrument indicating that reasonable use of the lot, building or
the applicant has an interest in said structure.
property. The deed, purchase contract or
legal instrument should include a i. Any other information determined
complete and accurate legal description of to be necessary by the Board of
the property. Adjustment that will aid the Board of
Adjustment in making a decision which
d. A statement that demonstrates that will not impair the intent and purpose of
special conditions and circumstances exist this Chapter, Chapter 21 or Chapter 22 of
which are peculiar to the lot, structure or this Code.
building involved and which are not
applicable to other lots, structures or (2) Duties of the Department of
buildings in the same zoning district. Planning Services.
e. A statement that demonstrates that a. The Department of Planning
literal interpretation of the provisions of Services shall review the application and
this Chapter would deprive the appellant determine that it is complete before
of rights commonly enjoyed by other scheduling consideration of the appeal by
the Board of Adjustment.
19-186
Zoning,Art. VI,Board of Adjustment Sec. 19-6-40
b. The Department of Planning Code shall not be granted until and unless the
Services shall arrange for publication of Board of Adjustment has found and
notice of the public hearing to be held by determined that:
the Board of Adjustment once in the
newspaper designated by the Board of a. Special conditions and
County Commissioners for publication of circumstances exist which are peculiar to
legal notices. The date of publication the lot, structure or building involved and
shall be at least ten (10) days prior to the which are not applicable to other lots,
scheduled hearing. structures or buildings in the same zoning
district.
c. The Department of Planning
Services shall mail by first class, ten (10) b. Literal interpretation of the
days prior to the scheduled hearing, a provisions of this Chapter would deprive
notice of the public hearing to the owners the appellant of rights commonly enjoyed
of the surface estate located within five by other properties in the same zoning
hundred (500) feet of the parcel under district under the terms of this Chapter.
consideration for the variance. The
Department's source of the ownership c. The special conditions and
information shall be the application for circumstances do not result solely from
variance submitted by the appellant. the actions of the appellant.
d. The Department of Planning d. The reasons set forth in the
Services shall review the application for application and testimony justify the
consideration of the appeal and shall granting of the variance, and that the
prepare comments for use by the Board of variance is the minimum variance that
Adjustment, addressing all aspects of the will make possible the reasonable use of
appeal, its conformance with sound land the lot, building or structure.
use planning practices, the effect of
granting or denying the appeal and its e. The granting of the variance will be
conformance with the County in harmony with the purpose and intent of
Comprehensive Plan and master plans of this Chapter, and will not be injurious to
affected municipalities. the neighborhood or otherwise
detrimental to the public health, safety or
(3) Duties of the Board of Adjustment. welfare. (Ord. 89-JJ§64, 1999)
The Board of Adjustment shall hold a public
hearing to consider the appeal. Seven (7) Sec. 19-6-50. Appeals for variance within
members of the Board of Adjustment shall Flood Hazard Overlay District.
constitute a quorum for the transaction of
business. The Board of Adjustment shall Appeals to the Board of Adjustment brought
make its decision based only on the pursuant to Section 19-6-10(c) shall be made
information presented at the public hearing. and processed as set forth below:
The concurring vote of six (6) members of
the Board of Adjustment shall be necessary (1) Application Requirements: Appeals
in order to decide in favor of the appellant on for variance in the application of specific
any appeal brought pursuant to this Chapter. terms or requirements in this Chapter shall be
An appeal for variance of the terms of this made in written form according to the
Chapter, Chapter 21 or Chapter 22 of this following:
19-187
Zoning, Art. VI, Board of Adjustment Sec. 19-6-50
a. An application for appeal for i. Evidence that demonstrates the
variance on the form as prescribed and availability of alternative locations for the
furnished by the Department of Planning proposed use, which are not subject to
Services. flooding or erosion damage, were
investigated.
b. A plot plan showing the location of
existing features, such as structures, j. A statement that demonstrates the
fences, streams, public or private rights- compatibility of the proposed use with the
of-way, streets or accesses. The plot plan existing and anticipated development.
shall include the location and dimensions
of all existing and proposed structures; k. A statement that demonstrates the
elevations of the area in question; and any relationship of the proposed use to the
fill, storage of materials and drainage Comprehensive Plan and floodplain
facilities. management program for the area.
c. A copy of a deed, purchase contract 1. A statement that demonstrates the
or other legal instrument indicating that safety of access to the property at times of
the applicant has an interest in the flood for ordinary and emergency
property. The deed, purchase contract or vehicles.
legal instrument should include a
complete and accurate legal description of m. Evidence that demonstrates what
the property. the expected heights, velocity, duration,
rate of rise and transport of the flood
d. A statement that demonstrates how waters and the effects of wave action, if
the danger of materials being swept into applicable, expected at the site will be.
other lands causing injury to others will
be minimized or mitigated. n. A statement that demonstrates how
the costs of providing governmental
e. A statement that demonstrates how services during and after flood conditions,
the danger to life and property due to including maintenance and repair of
flooding or erosion damage will be public utilities and facilities such as
minimized or mitigated. sewer, gas, electrical and water systems,
streets and bridges, will be minimized or
f. A statement that demonstrates how mitigated.
the susceptibility of the proposed facility
and its contents to flood damage and the o. Evidence that demonstrates that the
effect of such damage on the individual variance requested is the minimum
owner will be minimized or mitigated. variance necessary, considering the flood
hazard, to afford relief.
g. Evidence that demonstrates the
importance of the services provided by p. A certified list of the names,
the proposed facility to the community, addresses and corresponding Parcel
where applicable. Identification Number assigned by the
County Assessor of the owners of the
h. Evidence that demonstrates the property (the surface estate) within five
necessity to the facility of a waterfront hundred (500) feet of the property subject
location, where applicable. to the application. The source of such list
shall be the records of the County
19-188
Zoning, Art. VI, Board of Adjustment Sec. 19-6-50
Assessor, or an ownership update from a d. The Department of Planning
title or abstract company or attorney, Services shall review the application for
derived from such records or from the consideration of the appeal and shall
records of the County Clerk and prepare comments for use by the Board of
Recorder. If the list was assembled from Adjustment, addressing all aspects of the
the records of the County Assessor, the appeal, its conformance with sound land
applicant shall certify that such list was use planning practices, the effect of
assembled within thirty (30) days of the granting or denying the appeal for
application submission date. variance and its conformance with the
County Comprehensive Plan and master
q. Any other information determined plans of affected municipalities.
to be necessary by the Board of
Adjustment that will aid the Board of e. The Department of Planning
Adjustment in making a decision which Services shall maintain the records of all
will not impair the intent and purpose of appeal actions, including technical
this Chapter. information, and report any variances to
the Federal Emergency Management
(2) Duties of the Department of Agency.
Planning Services.
f. The Department of Planning
a. The Department of Planning Services shall give written notice to any
Services shall review the application and appellant to whom a variance is granted
determine that it is complete before that the structure will be permitted to be
scheduling consideration of the appeal for built with a lowest floor elevation below
variance by the Board of Adjustment. the base flood elevation and that the cost
of flood insurance will be commensurate
b. The Department of Planning with the increased risk resulting from the
Services shall arrange for publication of reduced lowest floor elevation.
notice of the public hearing to be held by
the Board of Adjustment once in the (3) Duties of the Board of Adjustment.
newspaper designated by the Board of
County Commissioners for publication of a. The Board of Adjustment shall
legal notices. The date of publication hold a public hearing to consider the
shall be at least ten (10) days prior to the appeal. Seven (7) members of the Board
scheduled hearing. of Adjustment shall constitute a quorum
for the transaction of business. The Board
c. The Department of Planning of Adjustment shall make its decision
Services shall mail, by first class, ten (10) based on all technical evaluations, all
days prior to the scheduled hearing, a relevant factors, standards specified in
notice of the public hearing to the owners other Sections of this Chapter, and any
of the surface estate located within five information presented at the public
hundred (500) feet to the parcel under hearing. The concurring vote of six (6)
consideration for the variance . The members of the Board of Adjustment
Department's source of the ownership shall be necessary in order to decide in
information shall be the application for favor of the appellant on any appeal
variance submitted by the appellant. brought pursuant to this Chapter.
19-189
Zoning,Art. VI,Board of Adjustment Sec. 19-6-50
b. An appeal for variance of the terms without regard to the procedures set
of this Chapter within the Flood Hazard forth in Subsection (1) above.
Overlay District shall not be granted until
and unless the Board of Adjustment has 7. The granting of the variance
found and determined that: will not result in increased flood levels
during an intermediate regional flood.
1. A showing of good and
sufficient cause has been demonstrated 8. The granting of the variance
by the appellant. will be in harmony with the purpose
and intent of this Chapter, and will not
2. Failure to grant the variance be injurious to the neighborhood or
would result in exceptional hardship to otherwise detrimental to the public
the appellant. health, safety or welfare. (Ord. 89-JJ
§65, 1999)
3. The granting of a variance will
not result in increased flood heights,
additional threats to public safety or ARTICLE VII
extraordinary public expense, create
nuisances, cause fraud on or Nonconforming Lots, Uses and Structures
victimization of the public, or conflict
with existing local laws or ordinances. Sec. 19-7-10. Intent.
4. The reasons set forth in the Within the zoning districts established by this
application and test the variance is the Chapter or amendments thereto, there exist lots,
minimum variance necessary, structures, uses of land or structures, and
considering the flood hazard, to afford characteristics of use which were lawful before
relief. zoning regulations were passed or amended, but
which would be prohibited, regulated or
5. The granting of the variance restricted under the terms of this Chapter or
may be for new construction and future amendment. It is the intent of this Article
substantial improvements to be erected to permit these nonconformities to continue until
on a lot of one-half('/z) acre or less in they are removed or abandoned, but not to
size contiguous to and surrounded by encourage their survival. It is further the intent
lots with existing structures of this Article that nonconformities shall not be
constructed below the base level, enlarged upon, expanded or extended, nor be
provided that the material required in used as justification for adding other structures
Subsections (1)d through (1)o above or uses prohibited elsewhere in the same zoning
has been fully considered. As the lot district. Nonconforming uses are declared by
size increases beyond one-half (Ys) this Article to be incompatible with permitted
acre, the technical justifications uses in the zoning districts involved. (Ord. 89-JJ
required for issuing the variance will §71, 1999)
increase.
Sec. 19-7-20. Nonconforming lots.
6. Variances may be granted for
the reconstruction, rehabilitation or In any district in which single-family
restoration of structures listed on the dwellings are permitted, a single-family
National Register of Historic Places or dwelling and customary accessory structures
the State Inventory of Historic Places, may be erected on any single legal lot,
19-190
Zoning, Art.VII,Nonconforming Lots, Uses and Structures Sec. 19-7-20
notwithstanding limitations imposed by other of adoption of the ordinance codified
provisions of this Chapter. This provision shall herein or amendment of this Chapter.
apply even though such lot fails to meet the
requirements for lot area that are applicable in (2) Substitution of uses.
the zoning district, provided that bulk
requirements other than those which apply to lot a. A nonconforming use may as a use
area shall be met. Variance of bulk by special review be changed to another
requirements shall be obtained only through use which does not conform to the uses
action of the Board of Adjustment. (Ord. 89-JJ allowed in the zoning district, provided
§72, 1999) that the Board of County Commissioners
shall find that the proposed use is equally
Sec. 19-7-30. Nonconforming uses of land. appropriate or more appropriate to the
zoning district and neighborhood than the
Where at the time of passage of this Chapter, existing nonconforming use. In
or of passage of future amendments of this permitting such change, the Board of
Chapter, a lawful use of land exists which would County Commissioners may require
not be permitted by the regulations imposed by appropriate conditions and safeguards in
this Chapter or future amendment, the use may accord with the provisions of this
be continued so long as it remains otherwise Chapter.
lawful provided that the following conditions are
met: b. Whenever a nonconforming use is
replaced by a permitted use, the
(1) Extension or expansion. nonconforming use may not be
reestablished. The permitted use shall
a. No such nonconforming use shall thereafter conform to the provisions of
be enlarged or increased, nor extended to this Chapter.
occupy a greater area of land than was
occupied at the effective date of adoption (3) Abandonment. If any such
of the ordinance codified herein or nonconforming use of land ceases for any
amendment of this Chapter without first reason for a period of more than six (6)
having received a special review permit months, any subsequent use of such lot or
pursuant to the procedure established in parcel shall conform to the regulations
Section 19-2-40. specified by this Chapter for the zoning
district in which such lot or parcel is located.
b. A nonconforming use shall not be (Ord. 80-JJ §73, 1999)
extended or enlarged after adoption of the
ordinance codified herein or amendment Sec. 19-7-40. Nonconforming structures.
of this Chapter by erection of additional
signs intended to be seen from off the Where a lawful structure exists at the
premises, or by the addition of other uses effective date of adoption of the ordinance
which would be prohibited in the zoning codified herein or amendment of this Chapter
district involved. that could not be built under the terms of this
Chapter by reason of restrictions on area, lot
c. No such nonconforming use shall coverage, height, its location on the lot or other
be moved in whole or in part to any requirements concerning the structure, such
portion of the lot or parcel other than that structure may continue to exist so long as it
occupied by such use at the effective date remains otherwise lawful, subject to the
following provisions:
19-191
Zoning, Art. VII,Nonconforming Lots, Uses and Structures Sec. 19-7-40
(1) Repair and Restoration. Should construction, such excavation, demolition or
such nonconforming structure or removal shall be deemed to be actual
nonconforming portion of a structure be construction, provided that a building permit
destroyed by any means to an extent more for the new structure has been issued and the
than fifty percent (50%) of its replacement preparatory work is carried on diligently.
cost at the time of destruction, it shall not be (Ord. 89-JJ §74, 1999; 1999 Codification)
restored except in conformance with the
provisions of this Chapter. Ordinary repairs Sec. 19-7-50. Nonconforming uses of
the value of which do not exceed fifty structures.
percent (50%) of replacement cost of the
structure may be permitted. If a lawful use of a structure or structure and
premises in combination exists on the effective
(2) Expansion or enlargement. No such date of adoption of the ordinance codified herein
nonconforming structure or nonconforming or amendment of this Chapter that would not be
portion of a structure may be expanded, allowed in the zoning district under the terms of
enlarged or altered in a way which increases this Chapter, the use of such structure or
its nonconformity, except that those structure and premises may be continued so long
structures that are nonconforming by reason as it remains otherwise lawful, subject to the
of noncompliance with existing setback following provisions:
requirements may be expanded or enlarged
so long as such expansion or enlargement (1) Repair and Restoration. An existing
does not further diminish the nonconforming structure devoted to a use not permitted by
setback. No expansion or enlargement of this Chapter in the zoning district in which it
structures shall be allowed within an existing is located which is destroyed by any means
right-of-way. to an extent greater than fifty percent (50%)
of its replacement cost at time of destruction
(3) Substitution of structures. Should shall not be restored, except to gain
such nonconforming structure be moved for conformance with all provisions of this
any reason, for any distance whatever, it shall Chapter. The nonconforming use may not be
thereafter conform to the regulations for the reestablished after restoration. Ordinary
zoning district in which it is located after it is repairs, the value of which do not exceed
moved. fifty percent(50%)of replacement cost of the
structure, may be permitted.
(4) Existing Building Permits. To avoid
undue hardship, nothing in this Chapter shall (2) Expansion or Enlargement.
be deemed to require a change in the plans or
construction of any structure on which actual a. A nonconforming use may he
construction was lawfully begun prior to the extended throughout any parts of a
effective date of adoption of the ordinance structure which were manifestly arranged
codified herein or amendment of this Chapter or designed for such use at the time of
and upon which actual construction has been adoption of the ordinance codified herein
carried on diligently. Actual construction is or amendment of this Chapter, but no
hereby defined to include the placing of such use shall be extended to occupy any
construction materials in permanent position land outside such structure without first
and fastened in a permanent manner. Where having received a special review permit
excavation, OF demolition or removal of an pursuant to the procedures established at
existing structure has begun preparatory to Section 19-2-40.
19-192
Zoning, Art.VII,Nonconforming Lots, Uses and Structures Sec. 19-7-50
b. A nonconforming use shall not be structure and premises is are located. (Ord.
extended or enlarged after adoption of the 890-JJ §75; 1999 Codification)
ordinance codified herein or amendment
of this Chapter by erection or attachment
of additional signs intended to be seen off ARTICLE VIII
the premises, or by the addition of other
uses which would be prohibited in the Enforcement
zoning district involved.
Sec. 19-8-10. Violations and penalties.
c. No such nonconforming use shall
be moved in whole or in part to any The County, through its Department of
portion of the lot or parcel other than that Planning Services or other departments so
occupied by such use on the effective date authorized, may enforce this Chapter through
of adoption of the ordinance codified methods included in this Chapter or through
herein or amendment of this Chapter. other methods adopted by the Board of County
Commissioners. (Ord. 89-JJ §81, 1999)
(3) Substitution of Uses.
Sec. 19-8-20. Criminal penalties.
a. A nonconforming use may, as a use
by special review, be changed to another (a) It is unlawful to erect, construct,
use which does not conform to the uses reconstruct or alter any building or structure in
allowed in the zoning district. Th-wunnd, violation of any provision of this Chapter. Any
However, that the Board of County person, firm, or corporation violating any
Commissioners shall find that the provision of this Chapter is guilty of a
proposed use is equally appropriate or misdemeanor and, upon conviction thereof, shall
more appropriate to the zoning district be punished by a fine of not more than one
and neighborhood than the existing hundred dollars ($100.00), or by imprisonment
nonconforming use. In permitting such in the County jail for not more than ten (10)
change, the Board of County days, or by both such fine and imprisonment.
Commissioners may require appropriate Each day during which such illegal erection,
conditions and safeguards in accordance construction, reconstruction or alteration
with the provisions of this Chapter. continues shall be deemed a separate offense.
b. Whenever a nonconforming use is (b) It is unlawful to use any building,
replaced by a permitted use, the structure or land in violation of any provision of
nonconforming use may not be this Chapter. Any person, firm, or corporation
reestablished. The permitted use shall violating any provision of this Chapter is guilty
thereafter conform to the provisions of of a misdemeanor and, upon conviction thereof,
this Chapter. shall be punished by a fine of not more than one
hundred dollars ($100.00), or by imprisonment
(4) Abandonment. When a in the County jail for not more than ten (10)
nonconforming use of a structure or structure days, or by both such fine and imprisonment.
and premises is discontinued or abandoned Each day during which such illegal use of any
for any reason for a period of more than one building, structure or land continues shall be
(1) year, any subsequent use of such structure deemed a separate offense.
or structure and premises shall conform to
the regulations specified by this Chapter for (c) Whenever the Department of Planning
the zoning district in which such structure or Services, through one (1) of its employees, has
19-193
Zoning,Art. VIII, Enforcement Sec. 19-8-20
personal knowledge of any violation of this (1) In case any building or structure is
Chapter, it shall give written notice to the or is proposed to be erected, constructed,
violator to correct such violation within thirty reconstructed, altered or used, or any land is
(30) days after the date of such notice. Should or is proposed to be used, in violation of any
the violator fail to correct the violation within provision of this Chapter, the County
such thirty-day period, the Department of Attorney, or where the Board of County
Planning Services may request that the Sheriffs Commissioners deems it appropriate, the
Department issue a summons and complaint to District Attorney, in addition to the other
the violator, stating the nature of the violation remedies provided by law, ordinance or
with sufficient particularity to give notice of said resolution, may institute an injunction,
charge to the violator. The summons and mandamus, abatement or other appropriate
complaint shall require that the violator appear action or proceeding to prevent, enjoin, abate
in court at a definite time and place stated or remove such unlawful erection,
therein to answer and defend the charge. One construction, reconstruction, alteration or
(1) copy of said summons and complaint shall use.
be served upon the violator by the Sheriffs
Department in the manner provided by law for (2) The County Attorney, acting at the
the service of a criminal summons. One (1) request of the Board of County
copy each shall be retained by the Sheriffs Commissioners, or the District Attorney,
Department and Department of Planning pursuant to Section 16-13-302, C.R.S., may
Services and one(1) copy shall be transmitted to bring an action in the District Court for the
the Clerk of the Court. County for an injunction against the
operation of an adult business, service, or
(d) It is the responsibility of the County entertainment establishment for repeat or
Attorney to enforce the provisions of this continuing violations.
Section 19-8-20. In the event the Board of
County Commissioners deems it appropriate,the (b) Civil Penalties.
Board of County Commissioners may appoint
the District Attorney to perform such (1) It is unlawful to erect, construct,
enforcement duties in lieu of the County reconstruct, alter or use any building,
Attorney. structure or land in violation of this Chapter.
In addition to any penalties imposed pursuant
(e) Any person who violates any provision to Section 19-8-20 and Subsection (a) above,
of Article X of this Chapter commits a class 2 any person, firm,or corporation violating any
petty offense, and upon conviction thereof, shall such regulation, provision or amendment
be punishable by a fine of three hundred dollars thereof or any provision of this Chapter may
($300.00) for each separate violation. Any be subject to the imposition, by order of the
arresting law enforcement officer shall follow County Court, of a civil penalty in an amount
the penalty assessment procedure provided in of not less than two hundred fifty dollars
Section 16-2-201, C.R.S., for any violation of ($250.00) nor more than five hundred dollars
said Article X. (Ord. 89-JJ §82, 1999; 1999 ($500.00). It is within the discretion of the
Codification) County Attorney to determine whether to
pursue the civil penalties set forth in this
Sec. 19-8-30. Civil action. section, the remedies set forth Section 19-8-
20 and Subsection (a) above, or both. Each
(a) Equitable Relief. day after the issuance of the order of the
County Court during which such unlawful
19-194
Zoning, Art. VIII,Enforcement Sec. 19-8-30
activity continues shall be deemed a separate County court and thereafter the action shall
violation and shall, in accordance with the proceed in accordance with the Colorado
subsequent provisions of this Section, be the Rules of County Court Civil Procedure.
subject of a continuing penalty in an amount
not to exceed fifty dollars ($50.00) for each (5) If the County Court finds, by a
such day. In no event shall civil penalties preponderance of the evidence, that a
imposed pursuant to this Subsection violation of any regulation or provision of a
constitute a lien against the real property. zoning resolution, or amendment thereto, as
enacted and adopted by the Board of County
(2) In the event any building or Commissioners, has occurred,the Court shall
structure is erected, constructed, order the violator to pay a civil penalty in an
reconstructed, altered or used or any land is amount allowed pursuant to Subsection(1) of
used in violation of this Chapter, the County this Section. Such penalty shall be payable
Attorney, in addition to other remedies immediately by the violator to the County
provided by law, may commence a civil Treasurer. In the event that the alleged
action in County Court for the County, violation has been cured or otherwise
seeking the imposition of a civil penalty in removed at least five (5) days prior to the
accordance with the provisions of this appearance date in the summons, then the
Section. County Attorney shall so inform the Court
and request that the action be dismissed
(3) The Department of Planning without fine or appearance of the defendant.
Services, through one (1) of its employees,
shall, upon personal information and belief (6) Upon the filing with the Court of a
that a violation of any regulation or provision receipt issued by the County Treasurer
of this Chapter, give written notice to the showing payment in full of a civil penalty
violator to correct such violation within thirty assessed pursuant to this Section and upon
(30) days after the date of such notice. If the the filing of an affidavit of the Department of
violator fails to correct the violation within Planning Services that the violation has been
such thirty-day period or within any cured, removed or corrected, the Court shall
extension period granted by the Department dismiss the action and issue a satisfaction in
of Planning Services, the Department of full of the judgment so entered.
Planning Services may request that the
cheeriff theft e County Sheriff or the County (7) If a receipt showing full payment of
Attorney issue a summons and complaint to the civil penalty or the affidavit required by
the violator, stating the nature of the Subsection (6) above is not filed, the action
violation with sufficient particularity to give shall continue and the Court shall retain
notice of such charge to the violator. jurisdiction to impose an additional penalty
against the violator in the amount specified in
(4) One (1) copy of the summons and Subsection (1) of this Section. Such
complaint issued pursuant to paragraph(b) of additional penalty shall be imposed by the
this Subsection (2) above shall be served Court upon motion filed by the County and
upon the violator in the manner provided by proof that the violation has not been cured,
law for the service of a County Court civil removed or corrected. Thereafter, the action
summons and complaint in accordance with shall continue the penalty and any additional
the Colorado Rules of County Court Civil penalties so assessed and the filing of an
Procedure. The summons and complaint affidavit of the Department of Planning
shall also be filed with the Clerk of the Services that the violation has been cured,
19-195
Zoning,Art. VIII,Enforcement Sec. 19-8-30
removed or corrected. (Ord. 89-JJ §83, type of land use application shall be
1999; 1999 Codification) considered a site specific development plan.
Vested property right: The right to
ARTICLE IX undertake and complete the development and
use of property under the terms and
Vested Property Rights conditions of a site specific development
plan. (Ord. 89-JJ §90.2, 1999)
Sec. 19-9-10. Purpose.
Sec. 19-9-30. Duration,termination.
The purpose of this Article is to provide the
procedures necessary to implement the A property right which has been vested as
provisions of Article 68 of Title 24, C.R.S. provided for in this Article shall remain vested
(Ord. 89-JJ§90.1, 1999) for a period of three (3) years. This vesting
period shall not be extended by any amendments
Sec. 19-9-20. Definitions. to a site specific development plan unless
expressly authorized by the Board of County
As used in this Article, unless the context Commissioners. (Ord. 89-JJ §90.3, 1999)
otherwise requires:
Sec. 19-9-40. Notice and hearing.
Landowner: Any owner of a legal or
equitable interest in real property, and No site specific development plan shall be
includes the heirs, successors and assigns of approved until after a public hearing, preceded
such ownership interests. by written notice of such hearing. Such notice
may, at the County's option, be combined with
Local government: Any county, city and the notice required for the use by special review,
county, city or town, whether statutory or Planned Unit Development Final Plan, or with
home rule, acting through its governing body any other required notice. Interested persons
or any board, commission or agency thereof shall have an opportunity to be heard at the
having final approval authority over a site hearings. (Ord. 89-JJ §90.4, 1999)
specific development plan, including without
limitation any legally empowered urban Sec. 19-9-50. Approval; effective date;
renewal authority. amendments.
Property: All real property subject to land (a) A site specific development plan shall
use regulation by a local government. be deemed approved upon the effective date of
the Board of County Commissioners' final or
Site specific development plan: A use conditional approval action. In the event
by special review (including open mining amendments to a site specific development plan
and major facilities of a public utility or are proposed and approved, the effective date of
public agency) or Planned Unit Development such amendments, for purposes of duration of a
Final Plan application which has been vested property right, shall be the date of the
submitted to the County and receives approval of the original site specific
approval or conditional approval by the development plan, unless the Board specifically
Board of County Commissioners. Final or finds to the contrary and incorporates such
conditional approval by the Board of County finding in its approval of the amendment.
Commissioners creates vested rights pursuant
to Article 68 of Title 24, C.R.S. No other
19-196
Zoning,Art. IX,Vested Property Rights Sec. 19-9-50
(b) The Board of County Commissioners Sec. 19-9-80. Payment of costs.
may approve a site specific development plan
upon such terms and conditions as may In addition to any and all other fees and
reasonably be necessary to protect the public charges imposed by this Chapter, the applicant
health, safety and welfare. The conditional for approval of a site specific development plan
approval shall result in a vested property right, shall pay all of the County's costs resulting from
although failure to abide by such terms and the site specific development plan review,
conditions will result in a forfeiture of vested including publication of notices, public hearing
property rights. (Ord. 89-JJ §90.5, 1999) and review costs. (Ord. 89-JJ §90.8, 1999)
Sec. 19-9-60. Development agreements. Sec. 19-9-90. Other provisions unaffected.
Development agreements. The Board of Approval of a site specific development plan
County Commissioners may enter into shall not constitute an exemption from or waiver
development agreements with landowners of any other provisions of this Chapter
providing that property rights shall be vested for pertaining to the development and use of
a period exceeding three (3) years where property. The establishment of a vested
warranted, in light of all relevant circumstances, property right shall not preclude the application
including, but not limited to, the size and of ordinances or regulations which are general in
phasing of the development, economic cycles nature and are applicable to all property subject
and market conditions. Such development to land use regulation by a local government
agreements shall be adopted as legislative acts including, but not limited to, building, fire,
subject to referendum as provided for in the plumbing, electrical and mechanical codes.
Home Rule Charter. (Ord. 89-JJ §90.6, 1999) (Ord. 89-JJ §90.9, 1999)
Sec. 19-9-70. Notice of approval. Sec. 19-9-100. Limitations.
Each map, plat or other document Nothing in this Article is intended to create
constituting a site specific development plan any vested property right, but only to implement
shall contain the following language: "Approval the provisions of Article 68 of Title 24, C.R.S.
of this plan may create a vested property right In the event of the repeal of said article or a
pursuant to Article 68 of Title 24, C.R.S., as judicial determination that said article is invalid
amended." Failure to contain this statement or unconstitutional, this Article shall be deemed
shall invalidate the creating of the vested to be repealed and the provisions hereof no
property right. In addition, a notice describing longer effective. (Ord. 89-JJ §90.10, 1999)
generally the type and intensity of use approved,
the specific parcel or parcels of property affected
and stating that a vested property right has been ARTICLE X
created shall be published once, not more than
fourteen (14) days after approval of the site Adult Business, Service or
specific development plan, in the newspaper Entertainment Establishment
designated by the Board of County
Commissioners for publication of notices. (Ord. Sec. 19-10-10. Minors prohibited.
89-JJ§90.7, 1999)
No one under twenty-one (21) years of age
shall be admitted to an adult business, service,or
entertainment establishment, nor shall any
employee, agent, servant or independent
19-197
Zoning, Art. X, Adult Business, Service or Entertainment Establishment Sec. 19-10-10
contractor working on the premises during hours sign located so as to conflict with the clear and
when nude entertainment is being presented be obvious appearance of public devices controlling
under the age of twenty-one (21) years of age. public traffic is prohibited. (Ord. 89-JJ §91.4,
(Ord. 89-JJ §91.1, 1999) 1999)
Sec. 19-10-20. Hours of operation. Sec. 19-10-50. Distance from schools and
churches.
Nude entertainment shall only be available at
an adult business, service or entertainment No adult business, service or entertainment
establishment between the hours of 7:00 a.m. establishment shall be operated or maintained
and 12:00 midnight, Monday through Saturday within five hundred (500) feet of any school or
of each week. (Ord. 89-JJ §91.2, 1999) church property, measured from the closest
property line of such school or church property
Sec. 19-10-30. Buffering required. to the property line of the adult business, service
or entertainment establishment. (Ord. 89-JJ
An adult business, service or entertainment §91.5, 1999)
establishment shall be adequately buffered
through the use of facade treatment, landscaping Sec. 19-10-60. Distance from residential
and fencing to minimize negative impacts on property.
commercial uses, residential uses, public parks,
churches and public or private schools No adult business, service or entertainment
accredited by the State which are present in the establishment shall be operated or maintained
vicinity. Buffering requirements shall be within five hundred (500) feet of any
determined for the perimeter of the residentially zoned or used property, measured
establishment on a case-by-case basis by from the closest property line of the residentially
reviewing the intensity of the establishment and used or zoned property to the property line of the
comparing it to the type and location of adult business, service or entertainment
surrounding land uses. For example, denser establishment. (Ord. 89-JJ §91.6, 1999)
plantings and screening materials or more
compatible facade treatment may be required Sec. 19-10-70. Violation, penalty.
between an adult business, service or
entertainment establishment and a store or shop Any adult business, service, or entertainment
offering goods and services at retail. (Ord. 89-JJ establishment which engages in repeated or
§91.3, 1999) continuing violation of these regulations shall
constitute a public nuisance. For purposes of
Sec. 19-10-40. Lighting regulations. these regulations, repeated violations shall mean
three (3) or more violations of any provision set
All outside lighting and signs shall be forth herein within a one-year period dating
arranged, shielded and restricted so as to prevent from the time of any violation. Any continuing
negative impacts and any nuisance on adjacent violation shall mean a violation of any provision
streets, property, commercial uses, residential set out herein lasting for three (3) or more
uses, public parks, churches or public or private consecutive days. (Ord. 89-JJ §91.7, 1999)
schools accredited by the State in the area.
Mechanical or electrical appurtenances, such as Sec. 19-10-80. Exemptions.
"revolving beacons" which are obviously
designed to compel attention or flashing red, Nothing in this Article shall be construed to
green or amber signs located within five hundred apply to the presentation, showing or
(500) feet of an intersection are prohibited. Any performance of any play, drama, ballet or
19-198
Zoning,Art. X,Adult Business, Service or Entertainment Establishment Sec. 19-10-80
motion picture in any theater, concert hall,
museum of fine arts, school, institution of higher
education or similar establishment as a form of
expression of opinion or communication of ideas
or information, as differentiated from the
promotion or exploitation of a state of nudity for
the purpose of advancing the economic welfare
of a commercial or business enterprise. (Ord.
89-JJ §91.8, 1999)
Sec. 19-10-90. Nonconforming operation;
compliance.
Any adult business, service or entertainment
establishment operating at the effective date of
the ordinance codified herein in violation of
Section 19-10-50 or 19-10-60 shall be allowed
to continue operating for an amortization period
of six (6) months. Six (6) months after this
Article becomes effective, all adult business,
service or entertainment establishments shall
comply with those Sections or be subject to the
penalty provisions set forth in Section 19-8-
20(e) of this Chapter. (Ord. 89-JJ §91.9, 1999)
19-199
Colorado Code Publishing Company (970)498-9229 * (800)352-9229
305 West Magnolia Street, Suite 382 Fax: (970)224-1224
Fort Collins,CO 80521-2893 E-mail colocode@frii.com
http://www.frii.com/-colocode/
October 12, 1999
Ms. Carol Harding, Clerk to the Board
915 10th Street
Greeley, CO 80632
Re: Draft of Weld County Code
Dear Carol:
Enclosed are ten sets of the first draft of the Weld County Code. The draft is
furnished to the County for your review and editing as desired. After your work is
completed and we receive your input and advice, we will assemble and print the final
Code for your adoption.
The first draft of the Code is provided to show you the following:
1. The proposed layout, style and format:
a. Title page, substantially completed;
b. Officials page, substantially completed;
c. Supplementation page, substantially completed;
d. Charter and Charter Index, substantially completed;
d. Preface, substantially completed;
e. Code Table of Contents, substantially completed;
f. Chapters 1 through 26 of the Code, substantially completed;
g. Ordinance Disposition Table, substantially completed;
h. Table of Up-to-Date Pages, to be completed later; and
i. Index, substantially completed, with modifications at a later date to
include any changes and additions.
2. The content of the Code is taken from the following sources:
a. Existing ordinances which have been provided for general legislation
from Ordinance No. 28, 1978,through Ordinance No. 89-JJ, 1999;
b. Administrative Manual, Personnel Manual, County Policy Manual and
Buildings and Grounds Manual, which were provided;
Ms. Carol Harding
October 12, 1999
Page 2
c. Additions submitted by the Publisher, added in italics for your review
and approval, if desired;
d. Deletions of material which is repetitious or recommended for deletion
because of inconsistency or where replaced by other additions; and
e. Ordinances adopted after Ordinance 89-JJ, adopted in 1999, affecting
the Code contents, will be included in the final Code before adoption.
3. The draft of the Code is completed in binders which are lettered: Weld
County Code. Additional binders will be furnished to complete the order
when the final code is completed.
4. After you have reviewed the Code and the final changes are completed, the
Code will be reprinted in the same style and format as the draft; however
there will be the addition of the ordinance that adopts the Code by reference.
In your review, remember that this is a first draft only, and while it may represent a
substantial portion of the work, necessary changes may be incorporated. When we are
able to proceed to the final Code, tables, graphs and charts will be completed in their final
form.
When reviewing the Code, note:
1. Each section should have an accurate, descriptive title.
2. Each section should have a reference for its authority (either the source
ordinance identified by number, policy source of information or the adopting
ordinance). The additions in italics which are added or submitted will have
the number of the ordinance which adopts the Code on final approval, as
authority for those additions.
3. The Chapter Tables of Contents should have every section represented by
number and title. The Chapter Table of Contents is very helpful in assisting a
user to find within the chapter the various topics and code sections, identified
by section name.
4. The Ordinance Disposition Table should show the location within the Code
of those sections of the ordinances included in this draft.
5. The Index should contain references to each section by section title and
number.
6. Within the draft of the Code, suggested deletions are shown in strike-
throughs and suggested additions are shown in italics. The material in italics
is provided as a sample to show you additional contents which you may
choose to either add, edit or delete in the final draft. In some cases, the
material in italics may be inconsistent with other provisions of the Code
which have been previously adopted; however, if you adopt the material in
italics it will be reconciled with the other materials in the Code upon final
printing.
Ms. Carol Harding
October 12, 1999
Page 3
When the Code is completed in final form, each page will have a header,
identifying the beginning section number on that page. The header on each page is
valuable in assisting the user to find the various sections, once a search is initiated using
the Index or Chapter Table of Contents.
Please review the first draft and provide one fully annotated copy for our use for
preparation of the final draft. Included with this letter is our list of questions and
comments regarding the first draft.
After your final review of the draft of the Code, the Code will be revised with your
changes and additions. All ordinances to the date of the ordinance which adopts the Code
will be included in the final Code.
Upon the completion of the final Code, you will need to follow the statutory
procedures for adoption of a code by reference. You will be required to advertise and
hold two public hearings and adopt the Code as an ordinance in your normal practice.
The final Code will contain the ordinance which adopts the Code, including the separate
penalty clauses, as required by statute. We will furnish a sample of the notice of public
hearing and will also prepare a draft of the ordinance which adopts the Code, for your
review. We will work with you to ensure that the Code adoption process goes smoothly.
We are looking forward to your review and comments regarding the Code. Please
advise us if we may assist you further by answering questions or providing additional
information.
Very truly yours
ohn H. Huisjen
JHH/sam
Enclosures
WELD COUNTY CODE
FIRST DRAFT NOTES
October 1999
GENERAL
1. The Chapters have been organized with reserved chapters between major headings.
Temporary divider tabs have been provided for use until the chapter organization is approved
by the County.
2. The text is in a flowing format in each chapters. Headers with section number references will
be inserted, hyphenation will be completed on the final version, and graphics and tables will
be located on pages in a more complete format.
CHARTER
a. No changes were made to the Charter; however, certain inconsistencies will be noted for your
information.
b. The outline format is inconsistent, with the first paragraph of some sections starting with (A)
and many others starting with (1). There are also numerous paragraphs with no numbering or
lettering.
c. The use of numbers is inconsistent, for instance, appearing as five (5) in some places and
appearing as five in other places.
d. The list of Amendments at the beginning could be removed and the information placed at the
end of each section amended. As an example, see the language in parentheses at Sections 3-7
and 3-11. These are included for review purposes, pending a decision on whether to insert the
amendments listed at the beginning, listing the amendment history at the end of each affected
section,or utilizing both the amendment list and the amendment history. Please advise.
CODE
In order to make the Code consistent throughout, certain changes were made without specifically
noting them in these notes, and other changes are suggestions. Most deal with format, style and
grammar,not affecting the content of the Code. These changes are discussed below:
1. Words such as Code, Section, Chapter, County and Board of County Commissioners, together
with various County officials and departments, have been capitalized, and the titles of offices
have been made consistent.
2. Certain terms, words and phrases have been changed for consistency throughout the Code. In
Section 1-2-10,the words County,person, State and other terms are defined. Those terms were
subsequently amended for consistency; i.e., Weld County was amended to read the County, and
State of Colorado was amended to read the State. Gender references were standardized to he
or she. For the most part,these changes were not made with strike-throughs/italics, in order to
facilitate reading of the Code.
3. The use of punctuation, such as commas appearing in a series and the use of semicolons, were
made consistent without any notations. Numbers and dollar amounts have been standardized to
be spelled out with the number or dollar amount following in parentheses. References to time
of day, such as ten p.m.,have been changed consistently to read 10:00 p.m.
4. References to Colorado Revised Statutes throughout the Code have been standardized to meet
the citation requirements.
5. Paragraph numbering has been changed to the(a), (b) style with subparagraphs of(1) and (2).
If there was an introductory unlettered paragraph, the subparagraphs were numbered (1), (2),
etc. All cross-references were checked to be consistent with the change. In many cross-
references,the words this Ordinance were changed to this Chapter without showing s/t&ital.
6. The use of prepositions when incorrect, such as of for or, was changed, showing both the
original and the corrected words. These changes should be reviewed. Obvious spelling or
clerical errors have been corrected without marking such corrections.
7. Wherever suggested changes are made, the existing language is shown in strike-through style,
and suggested language is shown in italics.
8. The names of various departments and officials should be confirmed. For instance, in Section
4-4-10(d),reference is to the Department of Finance and Administration. Other references are
to the Finance Department. References also appear to the Purchasing Department, Central
Purchasing or Central Purchasing Division. The Department of Finance and the Director of
Finance and Administration appear at Section 4-4-100(c)(2). In Chapter 3, reference is made
to Personnel, Personnel Services and Personnel Department. Please provide a current listing
of all departments and directors and the preferred reference for them. The references will be
made consistent in the final Code.
9. Throughout the Code, the Charter was referred to as the Weld County Home Rule Charter,
Home Rule Charter, Weld County Charter and Charter. The title was consistently changed to
Home Rule Charter in the draft. Please advise whether that is acceptable.
10. Many chapters, such as 2 and 26, contain appendices or references to appendices. If desired,
all appendix materials could be consolidated and inserted after Chapter 26 behind an Appendix
tab. Otherwise, each appendix has been renumbered to include the Chapter number in its
heading, for clarification.
11. Especially in Chapter 2, containing the administrative manual, numerous references are to
resolutions and the dates of the resolutions citing action by the Board. Please advise whether
it would be best to leave the resolution dates in, insert a generic phrase that the Board by
resolution took a certain action, or reword to take out any reference to the resolutions. The
third option has been shown, with language proposed for strike-through.
12. At Section 2-1-60(5)b, reference is made to Vicky. Please review and provide the title to be
used or provide alternate language.
13. Section 2-1-170 lists the classifications of emergency incidents. Classes 1 and 4 are titled;
please provide titles for Classes 2 and 3 if available.
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14. At Section 2-2-70(d)(1), it may be desirable to remove registered or when talking about
certified mail. According to postal regulations, the registered class is for mailing insured
items only. Certified mailings are used when proof of service, usually with a green return
card, is required.
15. At Section 2-2-70(d)(5), the direction to label first class mail as priority has been amended to
reflect first class for the first 13 ounces, and priority for items over 13 ounces. If a regular
letter is marked Priority,the post office may deliver it with postage due.
16. Section 2-2-120 contains references to fees adopted by various ordinances which are not
contained in the Code. If desired, the fees could be combined into a fee schedule in an
appendix. Otherwise, some fee references will be to ordinances and other references to
Chapters and Articles in the Code.
17. Sections 2-3-20, 2-3-100 and 2-3-110 refer to various Appendices, such as the Snow Plan. It
appears that the plans and appendices were not provided. It may be desirable to include the
appendices. Please see Note 10 above regarding appendix provisions.
18. At Subsection 3-1-50(b)(3), please review the proposed wording regarding a job share retiree
employee.
19. At Section 3-5-10(a), please review the provisions in the second and third sentences for
redundancy.
20. At Section 3-5-70, Subsection (d) was inserted from Ordinance 61. The rest of that ordinance
was not used or shown as a strike-through.
21. The Administrative Manual had an AIDS policy with an amendment date of May 1996; and
the Personnel Manual contained a communicable disease policy which deals with AIDS and
other diseases. The Personnel Manual was adopted in December 1998. The Personnel
Manual version is shown at Section 3-7-30 and the Administrative Manual version was struck
through after that Section.
22. Section 3-13-40(d) refers to the Internet Acceptable Use Policy contained in the
Administrative Manual (the Manual was mostly placed in Chapter 2), but no reference was
found to the Internet in Chapter 2 or 3.
23. Section 7-6-110(b)(4) and (5) contain references to the office of County Surveyor, although
that office was abolished in the Charter. Please review and provide alternate language.
24. Chapter 4 contains various funds which are created in Article I. Please review the funds and,
if each fund should be created, provide a list. Please note that there is a reference to an
Insurance Fund at Section 4-4-80(13).
25. Chapter 7, Public Works, derived from Ord. 180, contained Appendices. They can be
included in the Code (see Note 10 above regarding appendices) or, when mentioned in the text
of the chapter, a statement could be made to refer to Appendix 'A" attached to Ord. 180, a
copy of which is on file in the office of the Clerk to the Board. If the appendix materials are to
be included in the Code, please provide photo-ready pages or .tif, .bmp or .jpg files of the
graphs and charts. Also, in the snow alerts in Appendix 7-A, the names, phones and area
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codes of the newspapers, radios and television stations should be reviewed for completeness
and accuracy. For instance,the area codes of phone numbers are not current.
26. At Section 10-1-50(c)(2), the language stated that any funds remaining will be refunded
equally to the applicant. Please review the proposed deletion of the word equally or provide
language defining the other equal recipient of the funds.
27. At 10-1-190(c), there appears to be a word missing or a word should come out, where it states
shall be construed to or limit the liability. Either a word is missing between to and or, or the
or should be removed, Please advise.
28. Ordinance 85, being inserted as Article I in Chapter 11, had some missing language. On Page
7 of the ordinance, at the end of Paragraph 11, there is some blank space, then the words (off
site). appears. Please review and advise what the missing words are. This appears at
Subsection 11-1-30(2)j in the draft. The problem also appeared on Page 11 of the Ordinance
(at 11-1-50(a) of the draft). The words shall be published are proposed as the language in the
second case.
29. Article 11-2 deals with liquor licenses. If desired, the provisions of Ord. 6-B regarding liquor
license fees could be included. If so, please provide the ordinance. Also see Note 16 above
regarding fees in general.
30. At Section 12-2-30(b)(2),there is a cross-reference which appears to be wrong where it refers
to the individual test(as listed in Subsection (d)(2) below when Subsection (d)(2) refers to the
fees for the tests. Please review and advise.
31. At Section 12-2-40, the second sentence states that it shall apply to all suppliers and
permittees, as defined in this Article. Those terms had been defined in the WHEREAS clauses
of Ord. 60-B. The definitions have been included at Section 12-1-10. Please review.
32. At Section 12-4-90, please review the penalty for four or more offenses on the schedule. The
cross-reference, although correct from the ordinance in its references to 12-4-20 and 12-4-60,
should be reviewed for language, as there don't appear to be any prosecution provisions under
the running at large and adoption sections.
33. In Chapter 13,there are lists for chemical control of the various knapweeds. The spelling and
use of some of the names is sporadic in discussing which chemical to be used. For instance,
please compare the use of 2,4-D and clopyralid (at one point, clopyralid included Curtail,
Stinger and Transline; later, Stinger and Transline were listed as separate chemicals). The
locations for these chemical lists are: 13-1-50(b)(4); 13-1-60(b)(4); 13-1-70(b)(4); 13-1-
80(6)(4); 13-1-90(b)(4); 13-1-100(b)(4); 13-1-110(6)(4); and 13-1-120(b)(4). The bolded
sections should specifically be reviewed.
34. Section 14-1-30(1) refers to the form of an application, which was attached to Ord. 153.
Language is suggested that the form is available from the Sheriffs office. Please review and
advise if that is acceptable. If not, one alternate would be to refer to the form as attached to
Ord. 153, on file at the office of the Clerk to the Board; or another alternate would be to
attached it to the chapter as an appendix (see also discussion regarding appendices in general
at Note 10 if this is a preferred option).
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35. At the end of Chapter 14, the provision for Handicap Access has been struck through, as the
language predates the adoption of the Americans with Disabilities Act. It may be desirable to
include language referring to the ADA provisions.
36. Chapter 17 contains the interim development plans with various municipalities. The wording
should be reviewed to reflect tense, i.e., Sections 17-1-30(c)and 17-1-70.
37. Section 17-2-20 in the definitions of development and subdivision exemption,contains a cross-
reference to a paragraph in the Subdivision Ordinance. Please review whether the correct
reference is to Section 20-8-100(a) or Section 20-8-110(1). The subdivision ordinance had
been renumbered in that Article by Ord. 172-D.
38. The Comprehensive Plan,codified as Chapter 18,contained a number of pictures and graphics
for aesthetic purposes only, such as on Page 1-9 of the Comprehensive Plan, Ord. 147-G.
Please advise whether these pictures should be included in the Code. For the draft, these
pictures have not been scanned or included at this time.
39. In Chapter 18, references are made to maps being located inside the back cover, such as at
Section 18-1-30(b). Maps were not provided; however, they could be included as Appendix
18-D if desired.
40. Section 18-1-60(a) contains references to mill levies. It may be desirable to insert the 1998 or
1999 mill levy to include more recent information.
41. At Section 18-2-60, where A.Policy and A.Goals are numbered, please review the proposed
outline for the goals and policies. The same outline is being followed for all goals and
policies in Chapters 18 and 21. Also, some goals and policies had a "period" with no space,
such as A.Goal. Others had a space between, such as A. Goal. Please advise which is the
preferred format. For purposes of consistency in the draft, the space has been added but can
be deleted in the final if desired.
42. At Section 18-2-130(5), I.Policy 5.1 ended as if there were a Policy 5.2. Please review the
proposed ending to that policy in the event there is not a 5.2 policy.
43. At Section 18-3-20(b), the last sentence was an incomplete sentence. Please review the
suggested revisions.
44. Section 18-3-90 contains Table 6, Design Guidelines for New Road Construction; however,
the table is not referenced in the text. At present, it was left as part of 18-3-90. Please advise
whether it should appear with a different section.
45. At 18-3-170(b), the runway at the Airport is referenced as Runway 16-34,then Runway 16/34.
The references were both made consistent to be a hyphen,based on other runway references in
the Code.
46. At 18-5-30(2), the W.Goal 2 was not contained in the text. The text jumped from W.Policy
1.1 to W.Policy 2.1. The same also happens at W.Policy 4, where there is no W.Goal 4.
Please review and advise.
47. In Chapter 19, Article VIII, Enforcement, could be moved to be the last article of the Chapter.
Please advise.
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48. Section 19-1-90, Enactment, could be removed, as it will be moot by the time the Code is
published.
49. At Section 19-1-100, under the definition for legal lot, in subparagraph b 4, a cross reference
appears to refer to Subsection 19-3-10(d)(12). Please review for accuracy.
50. At Section 19-1-100, under the definition for new construction, please insert the effective date
of Ordinance 89-JJ.
51. At Section 19-1-100, please review the proposed strike-through for qualified ground water
scientist,as it appears that this was a clerical duplication of words.
52. At Section 19-1-100, in the definition for suitable soil, there appears a percolation rate slower
than five (5) mpi. Please advise whether mpi should be spelled out for clarification and
provide the definition.
53. At Section 19-2-40(e)(1)i3, please review the original measurement of twelve feet (12") 12"
and confirm whether the depth of the cover over the pipe should be twelve feet or twelve
inches.
54. At Section 19-2-60(d)(5)b, the original cross-reference was blind. Please review and advise
whether the suggested reference is correct.
55. Section19-2-80(d) is missing some language from the third sentence. Please review any
original documents for possible missing words and advise.
56. At Section 19-2-80(1)(7), please review the title of the subparagraph, improvement agreement
according policy regarding collateral for improvements.
57. Near the end of Section 19-2-80, please review the paragraph outline. From Ordinance 89-JJ,
Paragraph 28.15.7.3.6 finishes as follows: then the next paragraph is 28.15.7.4, not
28.15.7.3.6.1. For now, the outline was not changed and 28.15.7.4 is at the same level as
28.15.7.3,although the as follows are left.
58. At Section 19-3-30(d),the title for the C-3 District is missing. Titles had been provided for all
other commercial districts.
59. At Section 19-4-90(b)(1)a,please review proposed wording change.
60. Section 19-4-90(b)(14) contains the soil sample schedule. There are three footnotes marked
with asterisks; however, in the schedule, there are only footnotes for two and three asterisks.
Please review the first footnote for wording and also advise where the asterisk should be
located in the schedule.
61. At Section 19-6-10(c), please look at the last sentence in the paragraph. There appear to be
words missing. Please review and advise.
62. At Section 19-8-30(b)(4),please verify the cross-reference for accuracy.
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63. Chapters 19 and 20 each have an article regarding vested property rights. The Article in
Chapter 19 is more current and has an additional section on definitions. Please advise whether
the article in Chapter 19 should be kept and the article in Chapter 20 deleted.
64. At Section 20-3-60(9), please review the cross reference change.
65. At Section 20-4-30(c)(4), please review the cross reference for accuracy. The original cross-
reference was to a nonexistent section. Please advise whether the reference should be to (1)i
1-12 above, or to(4)a-1 below.
66. At Section 20-5-20(5)b, please review the language, as it is not parallel language to the other
list information.
67. Section 20-8-30(13) was amended by Ordinance 173-D, and it appears that only the original
11.3.13.4 (now 20-8-30(13)d) was modified. No mention was made in the ordinance of
repealing 11.3.13.5 through 8. They have been left in and appear in 20-8-30(13) as e, f, g and
h.
68. At Section 20-8-50(a) in the first paragraph, please review the proposed deletion of the word
not. Also, that paragraph has a cross-reference of 11.5.1 through 11.5.6 in the last complete
sentence. It appears that this reference should have been to 11.5.1.1 through 11.5.1.6, which is
now 20-8-50(a)(1)through(6). This is the reference shown. Please review and advise.
69. Chapter 21 contains numerous graphics and maps. The quality of these graphics and maps is
based on the quality of those provided with the ordinance for scanning. It may desirable to
provide cleaner copies of these graphics for use in the final Code. The figures provided were
taken from a recorded version of Ordinance 191. If originals are available, please provide
them(especially of the full-page Maps, such as 2.1 and 2.2).
70. Section 21-2-20 contains Map 2.1, Structural Land Use Map. This is identical to the map at
Section 18-2-220. However, the map in Chapter 21 was amended by Ordinances 191-B and
C, and replaced by Ord. 191-D; however, a new map was not included with Ordinance 191-D.
If the maps in Chapters 18 and 21 are the same structural land use map, it may be desirable to
place a current version of the map in only one chapter.
71. Section 21-2-70(c), Design Standards, originally had three paragraphs and two headings. Ord.
191-A changed 2.7.3 Design Standards by adding a sentence regarding paving to geometric
and road structure design standards. It is unclear whether the two separate paragraphs under
Design Standards for Geometric Design Standards and Road Structure (numbered (c)(2) and
(3)respectively) should be retained or not. The language has been left in for ease of review.
72. Section 21-3-60 is outdated, as it was written three years ago and many of the anticipated
changes discussed have taken place. It may be desirable to update the language in this
portion.
73. At Section 21-3-130, where Figures 3.2 and 3.3 are set, it appears that they may have been
marked as 3.3 and 3.2, based upon the descriptions in the text. Please review and advise
whether the Figures should be switched.
74. Please review the requirement in Section 22-2-160 that the public water system serving a PUD
must have adequate provisions for a 300-year supply of water.
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75. At Section 22-4-20(5)e, the original cross-reference was to 3.5 (Ord. 197), which does not
exist. Please review the proposed cross-reference to Section 22-2-210 instead.
76. At Section 22-6-30(c)(2)e, the cross-reference to the transportation section of the zoning
ordinance was interpreted to be the transportation section of the comprehensive plan, now at
Section 18-3-60. If the Transportation Plan is contained elsewhere, please advise and the
cross-reference will be changed.
77. Section 25-2-20 contains the amendments to the building code. In some paragraphs, such as
in(22),the cross-reference numbers such as 30.1.13 of this Building Code are ambiguous as to
whether that number is to the actual UBC or to Chapter 25. Paragraph (19), for instance,
refers to Section 1806.6 of the UBC,and 30.1.13 of this Building Code. That Section 30.1.13,
if it is to the building regulations in Chapter 25, did not exist in the original ordinance. Some
cross-references were changed to refer to Chapter 25, with the change clearly shown. Others
were left as the original section number. Please review and advise.
78. Section 25-2-30(3) contains a cross-reference to the Building Code Ordinance, where the
numbering is now different. The original cross-reference is in strike-through, and the codified
numbering is shown in italics. Please review.
79. Section 25-2-50(14) contains a reference to 20.4.5.1 of this Code. There is only 20.4.5.
Please review and advise.
80. At Section 25-2-80(17), originally, the last sentence of the amended paragraph read "Amend
Section 901 by substituting "designated employee" for "director of public works." Please
confirm whether that should be a separate numbered subparagraph amendment, or whether it
should be a part of Section 908.2 which is being amended.
81. At Section 25-2-80(19), the sentence is not a complete sentence. It currently reads: "A
certified copy of the assessment shall be filed with the County report shall be those with the
same parcels in the County Assessor's record for the current year." Please review and advise.
82. Section 25-2-90(a)(l), in the definition for residential structures, please verify the wording
contained in parentheses, and whether both sentences should be in the parentheses or not.
83. At Section 25-5-30 and various other places, reference is made to the effective date of this
Code, which has been amended to read the effective date of the ordinance codified herein. If
desired, a certain date could be inserted regarding the grandfathered issues. If so, please
provide the dates to use.
84. Please review 25-6-30 for sentence structure. Perhaps wording is missing near the end, where
it is not clear what has been created by such system.
85. At Section 25-6-80(a), the cross-reference is not correct. It is possible that the reference is to
Subsection(b) of the same section. The cross-reference in (c) has the same issue and may be
Subsection(a). Please review and advise.
86. At Section 26-4-10(a), Ord. 197-E repealed "the 6th sentence of' Section 5.1 A. The sixth
sentence has been struck through to verify that it is the correct sentence as it appears in prior
5.1 A 1,which is now 26-4-10(a)(1). Please review.
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87. In Chapter 26, Appendix 5, Paragraph I C6 refers to the 1978 NEC. Please verify whether it
should remain the 1978 edition or be updated to the most recent version used by the County.
88. In Chapter 26, Appendix 26-E, Paragraph III I 2, there are two cross-references which are
unclear. Please review and advise.
89. In general, especially in Chapter 19 where some sections are over five pages in length, these
could be revised and broken into smaller sections for easier referencing. For instance, Section
19-2-80 could be broken down by making the section heading a Division, and each first-level
paragraph could be a section in itself.
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