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HomeMy WebLinkAbout961266.tiff keaLotA 07/8/9 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of Weld, State of Colorado, that certain existing sections of said Ordinance No. 89, as amended, be, and hereby are, repealed and re-enacted, with amendments, and the various sections are revised as follows: Amend section 10 S to read: STRUCTURE: Anything that is built, constructed,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 on the ground or attached to something with a fixed location on the ground, 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 Id County Building Code Ordinance. 961266 /\ (r1 (.1\V ORD89-GG RE: ORDINANCE NO. 89-GG 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 approval review of an amendment efto 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 Changes to a Special Review Permit for Major 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 forty five (45) seventy (70) feet in height (measured from ground level); 961121 ORD89-GG RE: ORDINANCE NO. 89-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 forty five(45)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 forty five (45) 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 including Individual Sewage Disposal Systems, shall be designed and built to prevent inundation or 961121 ORD89-GG RE: ORDINANCE NO. 89-GG PAGE 4 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 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 of County Commissioners of the County of Weld,State of Colorado,pursuant to Colorado statute and the AFFIDAVIT OF PUBLICATION Weld County Home Rule Charter,Is vested with the authority f administering the an airs of Weld Count 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 STATE OF COLORADO WHEREAS,the Board of Countyy Commissbnere of the County tit Weld,State of Colorado,has previously adopted Ordinance No. SS. 89,Weld County Zoning Ordinance,establishing a comprehensive revision of the Zoning Ordinance and zoning maps for unincorporated ar- COUNTY OF W ELD sac of the County of Weld and has adopted amendments in Ordinances 89-A through 89-FF,and WHEREAS,said Ordinance No.89,es amended,Is In need of revision and clarification with regard to certain procedures,terms, I, Bruce J.Bormann,of said County of Weld,being duly end requirements therein. sworn,say that I am Publisher of NOW,THEREFORE,BE IT ORDAINED by the Board of County Commissioners of the County of Weld,State of Colorado,that cer- tain existing sections of said Ordinance No.89,as amended,be,and hereby are,repealed and reanacted,with amendments,and the vari- THE NORTH WELD HERALD oue sections are revised as follows: Amend section 10 S to read: a weekly newspaper having a general circulation in said STRUCTURE.Anything that is built,constructed,or erects County and State,published in the Town of Eaton,in said anWog with a nvod Inratinn nn tho inmd, en edmaerpr buntlm9 ptany tonT,or.any•Piece•of work ertiflcranybdht s(r'ar copq.5..WPf pelt§joined ragetttar ilh County and State;and that the notice,of which the annexed is some t inulLe manila[, . but not including fences or wass used as fences less loan six(1}feat in height, f poles,hoes,ratites or disUihiition a- a true copy,has been published in said weekly newspaper for climes of public utilities. samle iiiIpmas fob ediit enspublic re,cRS situatway which reset poensed,haftbeann itt hMeafear res'In.. one successive week(s),that the notice was published arable ar illegal hi•bit usetl ors puwtc road ng}da or Gray,which era not licsnaed,..,e be.....ir ared'sttvotures n. annnaiihceweththiri dorintion,ahaHuar9ptywitn airamanta eeifodhtnlha Wetc1.g9.nWoriing,,g0in:Dinp.ittcipd; in the regular and entire issue of every number of the paper ing ragiared zpnmg setbacks end atue. ,arid-Abellvistatled in accbrderice with the regbirementa sat forth m the. WeidcpuntyBuildt gcpneordlronce.; 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 Infor- publication of said notice: motion how the proposal complies with the standards of this Ordinance.The following supporting documents shall be submitted as pan of the application Ordinance#89-GG—Second Reading except for[hose hems determinetl by the Director o11h¢Department oT Pfanniltg;Se(Akitk inwr hing,er lire Boartl# CppntyCGwmlasionerg,rontheyscerd,lobeUnnecessarytoadecIsionontheepplfca(IpA ,. 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 Thursday,the nth day of July,1996 Special Review plan map or DEVELOPMENT STANDARDS for the Special Review Permit shall require the apprn al 'of-an amaridmenref • • Thursday,the day of July,1996 the permit by the Weld County Planning Commisslon and • Thursday,the day of July,1996 take Boambof County Com ssioners from the'such changes fro the plan map or DEVELOPMENT STANDARDS are permitted.The Department of Planning Services is responsible tor 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 Thursday,the day of July,1996 Permit Add section 25.9 and that the said THE NORTH WELD HERALD has been Changes to a SPecIal Review Permit Tutgtdlnr Faci fes of a Public Utigty Any eppraved BPeaial Review Permit tar; ubfished continuously and uninterruptedly for the period of 52 Major Facilhies et a Publ}c urlhty snail be hmhed to the hems stsown W11ha Bpe.ctaT ReYlew Plan Map and pVBrnep' P P y by the DEVELOPMENT STA DARDS, Ma or changa9 from the spptoyed Specie(Rax19W Plan:Map pr: consecutive weeks,in said County and State,prior to the date DEVELOPMENT STANDARDS for the Spacial Review Permit for Major Faci9tlea of a Ptrbtic Utility shalt re9mre the. approval of ac amendwent to the perms by the weld Coun Planning Commisslon before Butch ahattggetmm Ole plan; of first publication of said notice,and the same is a newspaper flap Di'DEVE.lOPMENT STANDARDS are permuted:Tha perlmem Of Pianni Serviced teteappn81619 fa'deter miningwtrether a matercnen9e soiats.Any ether 6Erahgea shelf tie pled in the hcs villa Lfepannteritaf Planning: within the meaning of an Act to regulate printing of legal Sarvl ces with the appr9Yert Special Review permit .: notices and adverlisem ,approved May 18, 1931,and all Add section 33.3.2.15 One micmwave,Cominarciat radlo,leleviaion,orothercemmiwicatlonlrerlomlggipn or relay tower 7o fMMt or tens In prior acts so far as in ::height perlot.(measdreq fl'om9rounk.lavel) .. .. /( . Amend section 33.31.1 4 1 to read Microwave, RU J.BORMANN,PUBLISHER oommamial radio,televis n or othei ✓;grbmulSnaaon lrfin9ml48fpn act tetuV Z towers overfririy (°) ?J fie Tithe ght(m asured from ground lexal}; Publication Cost:$ Add section 33.3.4.6 More than eve mlcleWuge,sewlnerctet radio,teleViatc1i,or Other cpinniyntdallay itahemtaelull pt relay ff7Wef pot Add section 33.4.2.14 Subscribed and sworn to before me ARV........... 2.. 7etnpbtary factmia§fur liar sale d fireworks and Cialatthas trees:: .. ,. ., ) }� � .y . Amend section 33.4.4.1 to read this /2;14t day of July,1996 Microwave ERIKA : rammsrclat (�. radio,telev on or other BAGLE towers overhonlren.i(45)an or relay < towersyyover))toriy a e(as) ERIKA C.BAGLEY,NOT Y Pt7BLIC 1j�� ie t o he gfit(measured from ground level);• • ‘U,.<7.1-"•• ‘s f 11 M ...... Add section 34.2.3.7 My commission expires October 21,1999 � One microwave,commercial radiq tetevfsfon,or oilier cornmunicaeon trarlamission or reiay::tower TO feet::pr lass is Amend section 34.2.4.3 to read Microwave, commercial .. .. radio,television,or other overover tomcatlen tranamfBeWn pr relay tOWera gy.K (dV) feet In height(measured from ground avai); Add section 34.2.4.4 Alpte:in0Tl tine ir4UfOW9V9,seamerctet nediq:Yeleslstprr,nr Omer:COMMIMICtdlaf;trarierlNNelon Qt relay fdwet P9t1nt.:::�: Add section 34.4.2.9 Temporary facdlles for the sale of Tilewarks end Chnstmea tresq.' .,. .. .. 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 Et ZONE DISTRICT, � $$yy qq maybe periniittedt inethe ti leloodway)District sub act oifie Milow g cdribdtUonaytdlAVSOWHg9DI.OPc9at5Vatcmar i. Amend section 53.6.1.6 to read All new or replacement sanitary sewer treatment systems Mr...ding Indl„i^„=I cewngo niel..,00i Syote...o,.ehall 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 Hello