Loading...
HomeMy WebLinkAbout20260765 final 7e4.d Weld County Code Ordinance 2026-01 C► l V, f 14,6 iex,) In the Matter of Repealing and Reenacting, with Amendments, Chapter 23 Zoning of the Weld County Code Be it ordained by the Board of County Commissioners of the County of Weld, State of Colorado: Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and Whereas, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and Whereas, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein. Now, therefore, be it ordained by the Board of County Commissioners of the County of Weld, State of Colorado, that Chapter 23 Zoning of the Weld County Code be, and hereby is, repealed and re-enacted, with amendments, to read as follows. Chapter 23 Zoning ARTICLE I - General Provisions Amend Sec. 23-1-90. — Definitions, as follows: [Change all italicized terms throughout this section to non-italics.] The following specific words and phrases, when appearing in this Chapter in uppercase letters, shall have the meanings stated in this Section: DATA CENTER: A BUILDING or BUILDINGS used to house information technology or telecommunications equipment with which digital information is processed, transferred, and/or stored, with no limitation on its peak electrical load. A DATA CENTER may include associated ancillary STRUCTURES, including, but not limited to, OFFICES, security BUILDINGS, cooling water tanks, and backup power systems with a total generation capacity of less than fifty (50) megawatts. All other definitions remain unchanged. ARTICLE II - Procedures and Permits Division 3 - Site Plan Review 2026-0765 ORD2026-01 Final Reading Page 2 Amend Sec. 23-2-160. - Application requirements for site plan review. Any person wanting to apply for a Site Plan Review shall arrange for a preapplication conference with the Department of Planning Services. The purpose of the application is to give the applicant an opportunity to demonstrate, through written and graphic information, how the proposal complies with the standards of this Chapter. The following supporting documents shall be submitted as a part of the application: A. through E. - No change. F. Evidence that the USE in the zone district shall have an adequate source of potable water and meet the requirements of the zone distric+.Evidence of water in compliance with the requirements of C.R.S. 29-20-301, et seq. G. - No change. H. +'cscrvcd. (Sec Subsection R.)A"will serve" letter from the electricity provider serving the area where the property is located. I. though T. - No change. U. A statement explaining that the USE is compatible with the existing or future DEVELOPMENT of the surrounding areas as permitted by the existing zoning and with the future DEVELOPMENT of the area as projected by the Comprehensive Plan or MASTER PLAN of affected municipalities and any Intergovernmental Agreement. Such USE shall adhere to the following operation standards, to the extent that they are affected by location, layout, and design prior to construction and operation. Once operational, the operation shall conform to the standards listed below: 1. Noise. USES shall be located, designed, and operated in accordance with the noise standards as established in Section 25 12 101, et seq., C.R.S.Chapter 14, Article IX, of this code. In addition to the dB(A) noise limits in Section 14-9-40 of this code, no DATA CENTER shall be allowed to exceed a C-scale noise limit of sixty-five decibels (65 dB(C)) as measured at any point on the subject property boundary. Remainder of Section — No change. Division 4 - Uses by Special Review Amend Sec. 23-2-240. - Design standards. A. An applicant for a Use by Special Review shall demonstrate compliance with the following design standards in the application and shall continue to meet these standards if approved for DEVELOPMENT. 2026-0765 ORD2026-01 Final Reading Page 3 1. Adequate water service in terms of quality, qu to the site to serve the USES permitted.Water in compliance with the requirements of C.R.S. 29-20-301, et seq. Remainder of Section — No change. Amend Sec. 23-2-250. - Operation standards. An applicant for a Special Review Permit shall demonstrate conformance with the following operation standards in the Special Review Permit application to the extent that the standards affect location, layout and design of the Use by Special Review prior to construction and operation. Once operational, the operation of the USES permitted shall conform to these standards. A. The operation of the USES shall comply with the noise standards enumerated in Section 25 12 101, et seq., C.R.S.Chapter 14, Article IX, of this code. In addition to the dB(A) noise limits in Section 14-9-40 of this code, no DATA CENTER shall be allowed to exceed a C-scale noise limit of sixty-five decibels (65 dB(C)) as measured at any point on the subject property boundary. Remainder of Section — No change. Amend Sec. 23-2-260. - Application requirements. A. through D. - No change. E. Supporting Documents. The following supporting documents shall be submitted as part of the application: 1 . - No change. 2. adequate in-terms of quantity, Proof of water in compliance with the requirements of C.R.S. 29-20-301, et seq. 3. - No change. 4. A noise report, unless waived by the Department of Planning Services, documenting the methods to be utilized to meet the applicable noise standard. A noise mitigation plan indicating anticipated noise levels and proposed mitigation may be required sufficient to demonstrate the proposed USE will comply with the applicable noise limits. 5. and 6. - No change. Insert new 7. 2026-0765 ORD2026-01 Final Reading Page 4 7. A "will serve" letter from the electricity provider serving the area where the property is located. Remainder of Section — No change. ARTICLE III - Zone Districts town-sites, The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained on LOTS outside of SUBDIVISIONS and HISTORIC TOWNSITES in the A (Agricultural) Zone District upon approval of a Special Review Permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter, or Article II,Division 5, in the case of MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES. A. through J., no change. Insert new K. K. DATA CENTERS. Reletter as necessary. No other changes to this section. Division 4 - Industrial Zone Districts Amend Sec. 23-3-310. - 1-1 (Light Industrial) Zone District. A. and B., no change.. C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in Ar icle II Division 3 of this Chang- Ony I ICE conducted outside of an ENC OSED --r-r�-v i , �rrut�-c ���Qv�w i-Ta a ��vr-a-rr-�rtvcti•vL v BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS OF WAY and ADJACENT LOTS in any Zone District other than 13. 1. through 7., no change. Insert new 8. 8. DATA CENTERS. A. through E., no change. F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the I-1 Zone District upon 2026-0765 ORD2026-01 Final Reading Page 5 approval of a permit in accordance with the requirements of Article II, Division 4 of this Chapter. 1. through 4. - No change. Insert new 5. 5. DATA CENTERS. Renumber remainder of section as necessary. Amend Sec. 23-3-320. - 1-2 (Medium Industrial) Zone District. A. and B. - No change. C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the 1-2 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS-OF-WAY and ADJACENT LOTS in any Zone District other than 1-3. 1. through 8., no change. Insert new 9. 9. DATA CENTERS. Renumber as necessary. No other changes to this section. Amend Sec. 23-3-330. - 1-3 (Heavy Industrial) Zone District. A. and B., no change. C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the 1-3 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. 1. through 11. - No change. Insert new 12. 12. DATA CENTERS. Renumber as necessary. No other changes. Be it further ordained by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Municode to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and subsections 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 subsections in said Code. 2026-0765 ORD2026-01 Final Reading Page 6 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. Publication: January 14, 2026 First Reading: January 26, 2026 Publication: January 30, 2026, in the Greeley Tribune Second Reading: February 9, 2026 Publication: February 13, 2026, in the Greeley Tribune Final Reading Rescheduled to: February 25, 2026 Continued to. April 6, 2026 Publication: April 10, 2026, in the Greeley Tribune Effective: April 15, 2026 The Board of County Commissioners of Weld County, Colorado, adopted the above and foregoing Ordinance, on motion duly made and seconded, by the following vote on the 6th day of April, A.D., 2026: [Insert Resolution Attestation Block Post Meeting] 2026-0765 ORD2026-01 Hello