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ORDINANCE NO. 89-FF
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 Weld County, 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 Ordinance No. 89-A through No. 89-EE, 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amended, be, and hereby are, repealed and re-enacted, with amendments, and the various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 Sections 21.4.2.6.4, 23.2.1.7, 23.2.1.8, 23.3.2.2.2, 24.2.2.6.4, 25.4.5.3, 33.6.1.3.5,
34.5.1.4.5, 34.5.1.5, 48.3.2.4.4, and 49.4.2.4.4, to replace the phrase "Weld County
Engineering"with the phrase "Weld County Public Works".
Amend Sections 21.4.2.6.8, 23.3.2.2.4, 24.2.2.6.9, 25.4.2.5.5, 48.3.2.4.6, and 49.4.2.4.6,
to replace the phrase "Department of Highways"with the phrase "Colorado Department of
Transportation".
Amend Sections 21.4.2.6, 23.3.2.2, and 24.2.2.6, to replace the phrase "fourteen (14) days"
with the phrase "twenty-one (21) days".
Amend Sections 24.3.1.6, 24.4.2.6, 24.5.1.11 and 24.7.1.6, to replace the word "productive"
with the word "prime".
Amend Sections 28.3.1.7, 28.3.1.9, 28.11.1.1, 28.11.2, 28.11.3.7, 28.11.4.9, and
28.15.7.13, to replace the phrase "Weld County Subdivision Regulations" with the phrase
"Weld County Subdivision Ordinance".
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Weld County CO Clerk & Recorder 0.00 ORD89
RE: ORDINANCE NO. 89-FF
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Amend Sections 26.3.2, 27.3.2, 48.1.7, and 49.1.7, to replace the phrase "ten (10) days"
with "twenty-one (21) days".
Amend Section 10.1.A by adding the following definition:
AUXILIARY QUARTERS: One or more interconnected rooms permanently
attached to or located within a SINGLE FAMILY DWELLING which are arranged,
designed, used or intended for USE as a complete independent living facility for one
FAMILY. All AUXILIARY QUARTERS shall comply with the following requirements.
1. The AUXILIARY QUARTERS may not be used on any basis as a rental.
2. The USE is subordinate in purpose, area, or intensity, and the occupants of
auxiliary quarters contribute to the needs of the occupants of the SINGLE
FAMILY DWELLING served.
3. The gross floor area of the SINGLE FAMILY DWELLING shall be no less
than 1,600 square feet in size.
4. The minimum lot size shall be no less than two and one half (2-1/2) acres.
5. The minimum gross floor area of the AUXILIARY QUARTERS shall be no
less than 300 square feet in size, and the maximum shall not exceed 50%
in size of the gross floor area of the SINGLE FAMILY DWELLING, not to
exceed 1,000 square feet in size.
6. The AUXILIARY QUARTERS shall be attached by common roof and
foundation.
7. The AUXILIARY QUARTERS and the SINGLE FAMILY DWELLING shall
be connected by a party wall or shall not be separated by more than twice
the width of the projected view of the shortest exterior wall of the auxiliary
quarters.
Amend Section 10.1.C by adding the following definition:
COMMERCIAL: An activity where goods, products, or services are bought, sold,
or transferred in ownership on a fee, contract, or barter basis excluding those uses
listed by right and accessory uses in the A (Agricultural) Zone District.
Amend Section 10.1.F by adding the following definitions:
FARMLAND -WELD COUNTY PRIME: The availability of a consistent supply of
quality water must exist in order to have prime farmland. "Prime" and "If irrigated"
lands fall into upper capability classes as defined by the Soil Conservation Service
and Colorado State University Cooperative Extension Service and should be
protected equally if irrigation water is available and they are located within a
reasonable distance of water delivery structures.
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FARMLAND -WELD COUNTY NON-PRIME: Non-prime farmland is low capability
land that is not considered important land for food production. It may be composed
of poorer soils prone to erosion or may have topographical limitations such as
slopes or gullies.
FARMLAND- U.S. DEPARTMENT OF AGRICULTURAL, SOIL CONSERVATION
SERVICES: The availability of a consistent supply of clean water must exist in
order to have prime farmland. Prime farmland is land that has the best combination
of physical and chemical characteristics for producing food, feed, forage, fiber, and
oilseed crops, and is also available for these uses (the land could be cropland,
pastureland, rangeland, forest land, or other land, but not urban build-up land or
water). It has the soil quality, growing season, and moisture supply needed to
economically produce sustained high yields of crops when treated and managed,
including water management, according to acceptable farming methods. In general,
prime farmlands have an adequate and dependable water supply from precipitation
or irrigation, a favorable temperature and growing season, salt and sodium content,
and few or no rocks. Prime farmlands are permeable to water and air. Prime
farmlands are not excessively erodible or saturated with water for a long period of
time, and they either do not flood frequently or are protected from flooding.
(U.S. Department of Agricultural, Soil Conservation Services [Special Series 17]
January 1980: additional supplements)
Amend Section 10.1.M by revising the definition for MAJOR FACILITIES OF A PUBLIC
UTILITY to read as follows:
MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCIES: Public
Utilities or Public Agencies operating or constructing a MINE, ELECTRIC
TRANSMISSION LINES, COMMERCIAL RADIO TRANSMISSION TOWERS,
DOMESTIC WATER STORAGE FACILITIES, POWER PLANTS, SUBSTATIONS
of electrical utilities, wastewater treatment facilities, water treatment facilities,
including extensions, expansions, or enlargements thereof. STORAGE AREAS of
utilities providing electricity, water, wastewater, and natural gas or other petroleum
derivatives, including extensions, expansions or enlargements thereof; PIPELINES
of utilities providing natural gas or other petroleum derivatives including extensions,
expansions or enlargements thereof.
Amend Section 10.1.S by revising the introductory paragraph of the definition of SETBACK
to read as follows:
SETBACK: The horizontal distance between any BUILDING or STRUCTURE and
the established PUBLIC or private STREET right-of-way line. If the abutting
PUBLIC STREET is designated to be upgraded to a higher classification as defined
by the Weld County Transportation Plan necessitating additional right-of-way, then
the SETBACK shall be measured from the future right-of-way line. The future
right-of-way line (measured from the center of the road) is determined by dividing
the needed right-of-way as defined below in half. The following is a list of the
right-of-way needed for road designations as defined in the Weld County
Transportation Plan.
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Amend Section 21.4.2.6
Refer the application to the following agencies, when applicable, for their review and
comment. The agencies named shall respond within twenty-one (21) days after the
mailing of the application by the COUNTY. The failure of any agency to respond
within twenty-one (21) days may be deemed to be a favorable response to the
Planning Commission. The reviews and comments solicited by Weld County are
intended to provide the COUNTY with information about the proposed change of
zone. The Planning Commission and Board of County Commissioners may
consider all such reviews and comments and may solicit additional information if
such information is deemed necessary. The reviews and comments submitted by
a referral agency are recommendations to the COUNTY. The authority and
responsibility for making the decision to approve or deny the request for change of
zone rests with the officials of Weld County.
Add Section 23.1.5.4 to read:
Signs, fencing, TEMPORARY STRUCTURES used for the sale of fireworks, or the
TEMPORARY sale of Christmas trees in the C-3 (Commercial) zone district.
Amend Section 23.2.1.10 to read:
A statement explaining that the proposed USE meets OFFSET requirements of the
zone district, and the maximum height of all structures identified.
Add Section 23.2.1.16.13
The location, size and type of all existing and proposed signs.
Amend Section 23.3.2.2 to read:
Refer the application to the following agencies, when applicable, for their review and
comment. The agencies named shall respond within twenty-one (21)days after the
mailing of the application by the COUNTY. The failure of any agency to respond
within twenty-one (21) days may be deemed to be a favorable response to the
COUNTY. The reviews and comments solicited by Weld County are intended to
provide the COUNTY with information about the proposed Site Plan Review. The
Department of Planning Services may consider all such reviews and comments and
may solicit additional information if such information is deemed necessary. The
reviews and comments submitted by a referral agency are recommendations to the
COUNTY.
Amend Section 24.2.2.6 to read:
Refer the application to the following agencies, when applicable, for their review and
comment. The agencies named shall respond within twenty-one (21)days after the
mailing of the application by the COUNTY. The failure of any agency to respond
within twenty-one (21) days may be deemed to be a favorable response to the
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Planning Commission. The reviews and comments solicited by Weld County are
intended to provide the COUNTY with information about the proposed Use by
Special Review. The Planning Commission and Board of County Commissioners
may consider all such reviews and comments and may solicit additional information
if such information is deemed necessary. The reviews and comments submitted by
a referral agency are recommendations to the COUNTY. The authority and
responsibility for making the decision to approve or deny the request for a Special
Review Permit rests with the officials of Weld County.
Amend Section 26.3.2 to read:
The Department of Planning Services may forward copies of the complete
application to any group or agency whose review and comment is deemed
appropriate by the Department of Planning Services. The group or agency to whom
the application is referred shall review the application to determine compliance of
the application with any standards of the group or agency. The failure of a group
or agency to respond within twenty-one (21) days shall be deemed to be a favorable
response to the Department of Planning Services. The reviews and comments
solicited by Weld County are intended to provide the Department of Planning
Services with information related to the proposed Flood Hazard Overlay District
Development Permit. Weld County may consider all such reviews and comments
and may solicit additional information if such information is deemed necessary. The
reviews and comments submitted by a referral agency are recommendations to the
Department of Planning Services. The authority and responsibility for making the
decision to approve, approve subject to conditions, or deny the Flood Hazard
Overlay District Development Permit application rests with the Department of
Planning Services.
Amend Section 27.3.2 to read:
The Department of Planning Services shall notify in writing the Colorado Geological
Survey of the proposed development and may also forward copies of the complete
application to any other group or agency whose review and comment is deemed
appropriate by the Department of Planning Services. The group or agency to whom
the application is referred shall review the application to determine compliance of
the application with any standards of the group or agency. The failure of a group
or agency to respond within twenty-one (21) days shall be deemed to be a
favorable response to the Department of Planning Services. The reviews and
comments solicited by Weld County are intended to provide the Department of
Planning Services with information related to the proposed Geologic Hazard
Overlay District Permit. Weld County may consider all such reviews and comments
and may solicit additional information if such information is deemed necessary. The
reviews and comments submitted by a referral agency are recommendations to the
Department of Planning Services. The authority and responsibility for making the
decision to approve, approve subject to conditions, or deny the Geologic Hazard
Overlay District Development Permit application rests with the Department of
Planning Services.
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Amend Section 28.4 to read:
PUD Sketch Plan Review and Conference. A Planned Unit Development Sketch
Plan shall be submitted prior to submittal of a Planned Unit Development District
change of zone application. The Department of Planning Services may take up to
forty-five (45) days for its review of the Planned Unit Development Sketch. After its
review, the Department may schedule a conference with the applicant. The
purpose of the conference is to familiarize the applicant with the Planned Unit
Development District change of zone procedures and advise the applicant of any
problems discovered during the review of the Planned Unit Development Sketch
Plan.
Amend Section 31.2.1 to read:
One (1) SINGLE FAMILY DWELLING UNIT and AUXILIARY QUARTERS per
LEGAL LOT.
Amend Section 31.2.2 to read:
One (1) SINGLE FAMILY DWELLING unit and AUXILIARY QUARTERS on a parcel
of land created under provisions of Section 11 of the Weld County Subdivision
Ordinance;
Amend Section 32.2.2.1 to read:
One (1) SINGLE FAMILY DWELLING per LEGAL LOT, said SINGLE FAMILY
DWELLING shall be connected to and served by a PUBLIC WATER system and a
PUBLIC SEWER system. This requirement does not apply to any LEGAL LOT
created prior to the enactment date of this Ordinance.
Amend Section 32.3.2.2 to read:
DUPLEX DWELLING UNIT. Said DWELLING UNITS shall be connected to and
served by a PUBLIC WATER system and a PUBLIC SEWER system. This
requirement does not apply to any LEGAL LOT created prior to the enactment date
of this Ordinance.
Amend Section 32.4.2.1 to read:
Attached DWELLING UNITS of two (2) or more but not more than six (6)
DWELLING UNITS per LEGAL LOT. Said DWELLING UNITS shall be connected
to and served by a PUBLIC WATER system and a PUBLIC SEWER system. This
requirement does not apply to any LEGAL LOT created prior to the enactment date
of this Ordinance.
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Amend Section 32.5.2.1 to read:
DWELLING UNIT STRUCTURES of two (2) or more UNITS per LEGAL LOT. Said
DWELLING UNITS shall be connected to and served by a PUBLIC WATER system
and a PUBLIC SEWER system. This requirement does not apply to any LEGAL
LOT created prior to the enactment date of this Ordinance.
Amend Section 32.6.2.1 to read:
One (1) MOBILE HOME, MANUFACTURED HOME, or SINGLE FAMILY
DWELLING per LEGAL LOT. The MOBILE HOME, MANUFACTURED HOME, or
SINGLE FAMILY DWELLING shall be connected to and served by a PUBLIC
WATER system and a PUBLIC SEWER system. This requirement does not apply
to any LEGAL LOT created prior to the enactment date of this Ordinance.
Amend Section 42.2.3.6 to read:
Minimum spacing between signs in all directions . . . 500 feet.
Amend Section 42.3.3.6 to read:
When attached flat against a supporting wall but not above the roof line, there are
no limitations on a sign used entirely for identification purposes.
Amend Section 45.3.1 to read:
A Special Review Permit to operate an outdoor shooting range, if approved, may
be conditioned on a requirement that every ten (10) years the safety of the design
of the range shall be reviewed and safety design changed taking into account the
history of the operation and changes in surrounding land uses and the relevant
provisions of§ §45.3.2.2, 45.3.3.2-45.3.3.6, and 45.3.4. Review of the safety plan
shall be accomplished using the Site Plan Review Process and such changes shall
not constitute a major change from the Special Review Permit. The operator, if he
chooses not to accept the staff determination under the Site Plan Review process,
may request that the matter be determined by the Board of County Commissioners
who shall hear the matter in accordance with the procedures for considering a
Special Review Permit provided, however, that no fee shall be charged.
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.
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RE: ORDINANCE NO. 89-FF
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The above and foregoing Ordinance Number 89-FF was, on motion duly made and
seconded, adopted by the following vote on the 29th day of May, A. D., 1996.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORA O
E AdadA
•
dj� Barbara J. Kirkmeyer, Chair
'ecl rtt�� t my Clerk to the Board il
�•' George Baxter, Pro-Tern
Deputy Cler o the Board FXCI JsFn
Dale K. Hall
APP D AS TO FOR ' FXCIJSFn
Constance L. tlarbert
ntq Attorne � d�'� ,/ / - A
W. H. Webster
First Reading: April 29, 1996
Publication: May 2, 1996, in the North Weld Herald
Second Reading: May 13, 1996
Publication: May 16, 1996, in the North Weld Herald
Final Reading: May 29, 1996
Publication: June 6, 1996, in the North Weld Herald
Effective: June 11, 1996
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