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ORDINANCE NO. 89-GG IN THE MATTER OF THE REPEAL AND RE-ENACTMENT,WITH AMENDMENTS OF CERTAIN SECTIONS, AND THE ADDITION OF CERTAIN SECTIONS TO ORDINANCE NO. 89, WELD COUNTY ZONING ORDINANCE, AS CURRENTLY AMENDED, REVISING AND ADDING CERTAIN PROCEDURES, TERMS, AND REQUIREMENTS BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS,the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners has the power and authority, under the Weld County Home Rule Charter and State statute, including Article 28 of Title 30 CRS, to adopt zoning regulations for the unincorporated areas of the County of Weld, State of Colorado, and WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, has previously adopted Ordinance No. 89, Weld County Zoning Ordinance, establishing a comprehensive revision of the Zoning Ordinance and zoning maps for unincorporated areas of the County of Weld and has adopted amendments in Ordinances 89-A through 89-FF, and WHEREAS,said Ordinance No. 89, as amended, is in need of revision and clarification with regard to certain 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of Weld, State of Colorado, that certain existing sections of said Ordinance No. 89, as amended, be, and hereby are, repealed and re-enacted, with amendments, and the various sections are revised as follows: Amend section 10 S to read: STRUCTURE: Anything that is built, constructed, or erected, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, but not including fences or walls used as fences less than six (6) feet in height, poles, lines, cables or distribution facilities of public utilities. Semi-trailers as defined in §42-1-102(70), CRS, situated as temporary or permanent storage units, not safe or not operable or illegal to be used on public road rights of way, which are not licensed, shall be considered 'structures' in accordance with this definition, shall comply with requirements set forth in the Weld County Zoning Ordinance, including required zoning setbacks and offsets, and shall be installed in accordance with the requirements set forth in the Weld County Building de Ordinance.9 ,--- ,,c,.._,...„....,� 961225 t ORD89-GG d-1 /� PAGE 2 Amend section 24.7.1 to read: The purpose of the application is to give the petitioner an opportunity to demonstrate through written and graphic information how the proposal complies with the standards of this Ordinance. The following supporting documents shall be submitted as part of the application except for those items determined by the Director of the Department of Planning Services, in writing, or the Board of County Commissioners, on the record, to be unnecessary to a decision on the application. Amend section 24.9 to read: Changes to a Special Review Permit. Any approved Special Review Permit shall be limited to the items shown on the Special Review Plan Map and governed by the DEVELOPMENT STANDARDS. Major changes from the approved Special Review plan map or DEVELOPMENT STANDARDS for the Special Review Permit shall require the review of an amendment to the permit by the Weld County Planning Commission and approval by the Board of County Commissioners before such changes from the plan map or DEVELOPMENT STANDARDS are permitted. The Department of Planning Services is responsible for determining whether a major change exists. Any other changes shall be filed in the office of the Department of Planning Services with the approved Special Review permit. Add section 25.9 Chances to a Special Review Permit for Maior Facilities of a Public Utility. Any approved Special Review Permit for Major Facilities of a Public Utility shall be limited to the items shown on the Special Review Plan Map and governed by the DEVELOPMENT STANDARDS. Major changes from the approved Special Review Plan Map or DEVELOPMENT STANDARDS for the Special Review Permit for Major Facilities of a Public Utility shall require the approval of an amendment to the permit by the Weld County Planning Commission before such changes from the plan map or DEVELOPMENT STANDARDS are permitted. The Department of Planning Services is responsible for determining whether a major change exists. Any other changes shall be filed in the office of the Department of Planning Services with the approved Special Review Permit. Add section 33.3.2.15 One microwave, commercial radio, television, or other communication transmission or relay tower 70 feet or less in height per lot. (measured from ground level) Amend section 33.3.4.1 to read Microwave, commercial radio, television, or other communication transmission or relay towers over seventy (70) feet in height (measured from ground level); 961121 ORD89-GG PAGE 3 Add section 33.3.4.6 More than one microwave, commercial radio, television, or other communication transmission or relay tower per lot. Add section 33.4.2.14 Temporary facilities for the sale of fireworks and Christmas trees. Amend section 33.4.4.1 to read Microwave, commercial radio, television, or other communication transmission or relay towers over seventy(70)feet in height(measured from ground level); Add section 34.2.3.7 One microwave, commercial radio, television, or other communication transmission or relay tower 70 feet or less in height per lot. Amend section 34.2.4.3 to read Microwave, commercial radio, television, or other communication transmission or relay towers over seventy (70) feet in height (measured from ground level); Add section 34.2.4.4 More than one microwave, commercial radio, television, or other communication transmission or relay tower per lot. Add section 34.4.2.9 Temporary facilities for the sale of fireworks and Christmas trees. Amend section 53.6.1 to read Uses permitted. USES listed as allowed by right, ACCESSORY USES, and Uses by Special Review in the UNDERLYING ZONE DISTRICT, except Individual Sewage Disposal Systems and residential uses served by Individual Sewage Disposal Systems, may be permitted in the FW (Floodway) District subject to the following conditions. Amend section 53.6.1.6 to read All new or replacement sanitary sewer treatment systems shall be designed and built to prevent inundation or infiltration of floodwater into such systems and to prevent discharge from such systems into the flood waters of an INTERMEDIATE REGIONAL FLOOD. 961121 ORD89-GG PAGE 4 BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. The above and foregoing Ordinance Number 89-GG was, on motion duly made and seconded, adopted by the following vote on the 22nd day of July, A. D., 1996. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Barbara J. Kirkmeyer, Chair Weld County Clerk to the Board George E. Baxter, Pro-Tem BY: Deputy Clerk to the Board Dale K. Hall APPROVED AS TO FORM: Constance L. Harbert County Attorney W. H. Webster First Reading: June 24, 1996 Publication: June 27, 1996 Second Reading: July 8, 1996 Publication: July 11, 1996 Final Reading: July 22, 1996 Publication: July 25, 1996 Effective: July 30, 1996 961121 ORD89-GG ORDINANCE NO.89-GG IN THE MATTER OF THE REPEAL AND RE-ENACTMENT,WITH AMENDMENTS OF CERTAIN SECTIONS,AND THE ADDITION OF CERTAIN SECTIONS TO ORDINANCE NO.89,WELD COUNTY ZONING ORDINANCE,AS CURRENTLY AMENDED,REVISING AND ADDING CERTAIN PROCEDURES,TERMS,AND REQUIREMENTS BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD,STATE OF COLORADO: WHEREAS,the Board 51 County Commissioners of the County of Weld,State of Colorado,pursuant to Colorado statute and the Weld AFFIDAVIT OF PUBLICATION County Home Rule Charter,is vested with the authority of administering the affairs of Weld County,Colorado,and WHEREAS,the Board of County Commissioners has the power end authority,under the Weld County Home Rule Charter and State STATE OF COLORADO statute,including Article 28 of Title 30 CRS,to adopt zoning regulations for the unincorporated areas of the County of Weld,State of Colorado, and SS. WHEREAS,the Board of County Commissioners of the County of Weld,State of Colorado,has previously adopted Ordinance No.89, COUNTY OF WELD Weld County Zoning Ordinance,establishing a comprehensive revision of the Zoning Ordinance and zoning maps for unincorporated areas of the County of Weld and has adopted amendments in Ordinancese9-A through 89-FF,and I,Bruce J. Bormann,of said County of Weld, being duly WHEREAS,said Ordinance No.89,as amended,is in need o1 revision and clarification with regard to certain procedures,terms,and sworn,say that I am Publisher of requirements therein. NOW,THEREFORE,BE IT ORDAINED by the Board of County Commissioners of the County of Weld,Slate of Colorado,that certain THE NORTH WELD HERALD existing sections of said Ordinance No.89,as amended,be,and hereby are,repealed and re-enacted,with amendments,and the various sections are revised as follows: a weekly newspaper having a general circulation in said Amend section 10 S to read: County and State,published in the Town of Eaton,in said STRUCTIIRF• Anything that is built,constructed,or erecte County and State;and that the notice,of which the annexed is with a fixed'oration on tiu Orn'mrt,an edifice or building of any kind,or any piece of work artificially built up or composed of parts joined together in some definite manner,but not including fences or walls used as fences less than six(6)feet in a true copy,has been published in said weekly newspaper for height,poles,lines,cables or distribution facilities of public utilities. Semi-trailers as defined in§42-1.102(70),CRS, situated as temporary or permanent storage units,not safe or not operable or illegal to be used on public road rights of one successive week(s),that the notice was published way,which are not licensed,shall be considered'structures'in accordance with this definition,shall comply with requirements set forth in the Weld County Zoning Ordinance,including required zoning setbacks and offsets,and shall be in the regular and entire issue of every number of the paper installed in accordance with the requirements set forth in the Weld County Building Code Ordinance. during the period and time of publication, and in the Amend section 24.7.1 to read: newspaper proper and not in a supplement,and that the The purpose of the application is to give the petitioner an opportunity to demonstrate through written and graphic information how the proposal complies with the standards of this Ordinance. The following supporting documents shall be publication of said notice: submitted as part of the application except for those items determined by the Director of the Department of Planning Services,in writing,or the Board of County Commissioners,on the record,to be unnecessary to a decision on the application. Ordinance#89-GG—First Reading Amend section 24.9 to read: was in said newspaper bearing the date(s) Of. Chances to a Special Review Permit. Any approved Special Review Permit shall be limited to the items shown on the Special Review Plan Map and governed by the DEVELOPMENT STANDARDS. Major changes from the approved Special 27th Review plan map or DEVELOPMENT STANDARDS for the Special Review Permit shall require the zcpr„v°Lreview of an Thursday,theday of June,1996 amendment ofto the permit by the Weld County Planning Commission and approval by the Board of County Commissioners before such changes from the plan map or DEVELOPMENT STANDARDS are permitted. The Department of Planning Services is responsible for determining whether a major change exists. Any other changes shall be filed in Thursday,the day of June,1996 the office of the Department of Planning Services with the approved Special Review Permit. Add section 25.9 Thursday,the day of June,1996 Changes to a Special Review Permit for Maior Facilities of a Public Utility. Any approved Special Review Permit for Major Facilities of a Public Utility shall be limited to the items shown on the Special Review Plan Map and governed by the Thursday,the day of June,1996 DEVELOPMENT STANDARDS. Major changes from the approved Special Review Plan Map or DEVELOPMENT STANDARDS for the Special Review Permit for Major Facilities of a Public Utility shall require the approval of an amendment to the permit by the Weld County Planning Commission before such changes from the plan map or and that the said THE NORTH WELD HERALD has been DEVELOPMENT STANDARDS are permitted. The Department of Planning Services is responsible for determining whether a major change exists. Any other changes shall be filed in the office of the Department of Planning Services with the approved Special Review Permit. published continuously and uninterruptedly for the period of 52 consecutive weeks,in said County and State,prior to the date Add section 33.3.2.15 One microwave,commercial radio,television,or other communication transmission or relay tower 70 feet or less in height of first publication of said notice,and the same is a newspaper per lot.(measured from ground level) within the meaning of an Act to regulate printing of legal Amend section 33.3.4.1 to read notices and advertisem ,approved May 18, 1931,and all Microwave,commercial radio,television,or other communication transmission or relay towers over fney-five(4S)seventy (70)feet in height(measured from ground level); prior acts so far as in Add section 33.3.4.6 • More than one microwave,commercial radio,television,or other communication transmission or relay tower per lot. Add section 33.4.2.14 RU J.BORMANN,PUBLISHER Temporary facilities for the sale of fireworks and Christmas trees. f 7 Amend section 33.4.4.1 to read • Publication Cost:$ Microwave,commercial radio,television,or other communication transmission or relay towers over forty-live(ac)seventy (70)feet in height(measured from ground level); Add section 34.2.3.7 One microwave,commercial radio,television,or other communication transmission or relay tower 70 feet or less in height Subscribed and sworn to before me per lot. . , ............ Amend section 34.2.4.3 to read this I�J-4f l day of July,1996 -r Microwave,commercial radio,television,or other communication transmission or relay towers over Wty-riva_(45).seventy ERIKP.C. (70'feet in height(measured from ground level); -,-, Add section 34.2.4.4 C�,Lf<�� EAGLE? : ERIKA C.BAGLEY,NOTAR P B • More than one microwave,commercial radio,television,or other communication transmission or relay tower per lot. ��......JJJJJJ • Add section 34.4.2.9 `" My commission expires October 21,1999 F C� Temporary facilities for the sale of fireworks and Christmas trees. Amend section 53.6.1 to read Uses permitted. USES listed as allowed by right,ACCESSORY USES,and Uses by Special Review in the UNDERLYING ZONE DISTRICT,except Individual Sewage Disposal Systems and residential uses served by Individual Sewage Disposal Systems,may be permitted in the FW(Floodway)District subject to the following conditions. Amend section 53.6.1.6 to read All new or replacement sanitary sewer treatment systems including iudividuni Sewage rt=pnsni ty<tems,shall be designed and built to prevent inundation or infiltration of floodwater into such systems and to prevent discharge from such systems into the flood waters of an INTERMEDIATE REGIONAL FLOOD. BE IT FURTHER ORDAINED by the Board if any section,subsection,paragraph,sentence,clause,or phrase of this Ordinance is for any reason held or decided to be unconstitutional,such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section,subsection,paragraph,sentence, clause,and phrase thereof irrespective of the fact that any one or more sections,subsections,paragraphs,sentences,clauses,or phrases might be declared to be unconstitutional or invalid. The above and foregoing Ordinance Number 89-GG was,on motion duly made and seconded,adopted by the following vote on the 22nd day of July,A.D.,1996. BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO ATTEST: Barbara J.Kirkmeyer,Chair Weld County Clerk to the Board George E.Baxter,Pro-Tem BY: Deputy Clerk to the Board Dale K.Hall APPROVED AS TO FORM: Constance L.Harbert County Attorney W.H.Webster First Reading: June 24,1996 Publication: June 27,1996 Second Reading: July 8,1996 Publication: July 11,1996 Final Reading: July 22,1996 Publication: July 25,1996 Effective: July 30,1996 Hello