HomeMy WebLinkAbout992878.tiff ORDINANCE NO. 89-KK
IN THE MATTER OF THE REPEAL AND RE-ENACTMENT, WITH AMENDMENTS OF
CERTAIN SECTIONS, AND THE ADDITION OF CERTAIN SECTIONS TO ORDINANCE NO.
89-JJ, 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 C.R.S., as
amended, 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-JJ, Weld County Zoning Ordinance, establishing a
comprehensive revision of the Zoning Ordinance and zoning maps for unincorporated areas of
the County of Weld, and
WHEREAS, said Ordinance No. 89-JJ 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-JJ be, and
hereby are, repealed and re-enacted, with amendments, and the various sections are revised
as follows:
ADD SECTION 84 to read as follows:
84 Relationship to Other Ordinances
The Building Inspection Department shall withhold issuance of Building Permits if the use of the
property does not conform to the terms set forth in this Ordinance and any other specified Weld
County Ordinance where made applicable by the terms set forth in the specified Ordinance
including, but not limited to, Ordinance No. 197 (PUD), Ordinance No. 191 (MUD), Ordinance
No. 119 (BUILDING CODE), Ordinance No. 173 (SUBDIVISION), Ordinance No. 210
(WINDSOR SERVICE AREA ROAD IMPACT FEE PROGRAM), and Ordinance No. 211
(SOUTHWEST WELD SERVICE AREA ROD IMPACT FEE PROGRAM).
AMEND SECTIONS 31.5.5 and 36.3.12 to read as follows:
No BUILDING or STRUCTURE as defined and limited to those occupancies listed as Groups A,
B, E, H, I, M, and R in Table 3-A of the 1997 Uniform Building Code, shall be constructed within
a 200-foot radius of any tank battery or 150-foot radius of any wellhead. Any construction
within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall required a
variance from the terms of this Ordinance in accordance with Section 61.3.
AMEND SECTION 61.3 to read as follows:
The Board of Adjustment has the power to hear and decide appeals for variance from the terms
of this Ordinance and the PUD Ordinance or MUD design standards as the PUD or MUD
992878
Ordinances are applied to individual lots or parcels. Appeals for variance may be brought to the
Board of Adjustment when, because of special conditions relating to the subject land, a literal
enforcement of the provisions of these Ordinances would result in unnecessary hardship to the
appellant.
BE IT FURTHER ORDAINED by the Board that an emergency exists inasmuch as Road Impact
Fees shall become effective December 1, 1999; therefore, this Ordinance is declared to be an
Emergency Ordinance under the provisions of Section 3-14 of the Weld County Home Rule
Charter.
BE IT FURTHER ORDAINED by the Board that this Ordinance shall become effective on
December 1, 1999, as provided by Section 3-14(6) of the Weld County Home Rule Charter.
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-KK was, on motion duly made and seconded,
adopted by the following vote on the 17th day of November, A. D., 1999.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Read and Approve: November 17, 1999
Publication: November 25, 1999, in the South Weld Sun
Effective: December 1, 1999
November 24, 1999
STATE OF COLORADO ) of the 1197 Uniform Building
DRDINRNDE NO.M4(K Code.Val be mnelnJdedwitldn
S-S. IN THE MATTER OF 71l a 20Dfoot radius of any In
REPEAL AND RE- bauay«16D1oel mass of any
COUNTY O1: WELD ) REPEA C AL NA, WRE- may Any mn`rootio"
PMENOMENTE OF CERTAIN withinb a 200-foot loose of any
of
SECTIONS. AND THE anyjon wen
e " A
ADORION of CERTAIN army nMl"al tha8 le of
a
Ruth Pelton-Roby, as manager of Pelton Publishing valance from as «m`o this
ordinate in accordance with
Company LLC, being duly sown, states that it is publisher NO. lia.M, WELD COUNTY 201•110 ORDINANCE, AS ian61.3.
of the South Weld Sun, a weekly newspaper published in CURRENTLY�AME�D, AMEND SECTION N.3 to read
Keenesburg in said County and State; that said newspaper CERTAIN PROCEDURES,
"'°"°""'
TERNS,IMO RURE EOMENTS TlaBondaaaH.erMnth..m.
has a general circulation in said County and has been EE R ORDAINED BY THE goes lo hew a"d „a„
continuously and uninterruptedly published therein,during BOARD of COUNTY eppata t« w"'rte San ""
" P Y COUNTYMO WELD,OF THE POD r inSinn a a a or MU and dun
a period of at least fifty-two consecutive weeks prior to the COUNTY OF STATE Rlro oMgr°,a MUD design
first publication of the annexed notice; that said newspaper of COLORADO: standards Ordinances are appl or""'to
is a newspaper within the meaning of the act of the General WHEREAS, in Bad a cower Individual lots or parcels.
Assembly of the State of Colordo, entitled "An Act to �`a Dee. .e cc the nd m brought t Appeals o variance
tBoma beof
R Oalwtlo swum re the Weld Adjustment when, b Of
regulate the printing of legal notices and advertisements, Deady Hams Rae Charter,it
a reeled special conditions relating tothe
and amendments thereto; that the notice of which the wMtl.awry a eanlnYwMa se subject lend, a literal
add Of Wad Cant C-S rd enforcement of the provisions of
annexed is a printed copy taken from said newspaper, was MMEIR:AS. M. Basra a Cana these Ordinances would result in
published in said newspaper, and in the regular and entire Commissioners hes are pater„d unnecessary hardship to the
aethrlry testa en Weld DerW eppellard.
issue of every number thereof, once a week for 1 Home Rae Charlet -Rd �1i
F Nettie ircaap Article 28 of Tae BE R FURTHER ORDAINED by
successive weeks; that said notice was so publishLxlin said 50 C.R.S., as emended, to Wax the Board that en emergency
for me exists inasmuch as Road Impact
proper and not in any supplement thereof, and zoning regdalens act
engine tad ens et tee Caney Fees shelf become effective
a web,Saba Colorado.and December 1, 1999, therefore,
that the first publicati nt of sat notice as aforesaid, was on WHEREAS, Boat of County this December 1, ledadaedlobB
the 4_ day of !/l4i�iyt ,1999 and the last on Commissioners o the Cony a an Emergency Ordinance under
W. State of Colored°, des the provisions of Section 3-14 of
o f previously adopted°anew.Noi s.9- the Weld County Home Rule
-------day -.-- —.___ 1999 M.Weld County Zoning Ordinance, °hate,
PELT N P LISHING COMPANY LLC wNie acmwrace diviin
of the Zoning Ordnance end zoning
maps tor unincorporated
d e of the BE IT FURTHER ORDAINED by
t� � County of Web,and the Board that this Ordinance
4a Y. //✓ - ��___-___.__— _-- shall become effective on
-- -- ---Ruth Penton Roby, Manager WHEREAS.said ontinna No.89- December 1,1999,as provided
J is. a reed ef re retitle'antl by Section 3-14(6)of the Weld
—ism"' wiyn meet WW1a County Home Rule Charter.
Subscribed and sworn to before me thisc__day of therein-
0ra tennis and Nm
uirements
BE IT FURTHER ORDAINED by
1999 NOW, THEREFORE, BE IT the Board if any section,
_ _, 777 ORDAINED by to Board a County subsection, paragraph
aiiitf' Commissioners of as. Carty el sentence, clause, or phrase of
�dL Q-_�/1// .,dye_ �_,___. _._-_-___.._--- - WeM,State a C°nrada'that assn this Ordinance is for any reason
- -- - '^-"- '- extang seSion or said Ore-mace held or decided to be
No tar Pa bGc No WJJ be, red hereby are' unconstitutional, such decision
My Conxnlssla�Expires 12-16-2000 amwdd andY Sect, with A U4 amendments, and the wnu shell not affect the validity of the
sections are revved as foliose. remaining portions hereof. The• �1 Board of County Commissioners
ADD SECTION 84 to read as hereby declares that it would
••• w• , e'"i$ - have enacted this Ordinance in
Z
:.NOT` follows:
tU yeach and every section,
m as Reaiame to Other Ordinances subsection, paragraph,
4C ; .�"r ;M I sentence, clause, and phrase
L3- : The BNMvg Inspection Separated thereof irrespective of the fad
Pt;
,,+ �y shell withhold inarce of Balding that any one or more sections,
p-•a a'✓ V Pen is I the use a the addict/
3 �-•. u t�` ;T dove not conform to the mores set subseeI s, paragraphs,
1 .M`.- forth in the ordinance and ens other sentences.douses,or phrases
TI• ss s, specified well County ordnance might be declared to be
k. 'rtilx c co4,.t when made applicable by Me terms unconstitutional or invalid.
•b'�` set forth it the specified Ordnance
,< imldeig, but not limited to, The above and foregoing
-• Ordnance No.197(PUD1,Ordnance Ordinance Number 89-KK was,
No. 191 (MUD).orenerce No. 119 motion duly made and
(BUILDING CODE), Ordnera on mi No.
in210(SUBDIVISION), No. seconded, adopted by the
210 (WINDSOR SERVICE AREA following vote on the 17th day of
ROAD IMPACT FEE PROGRAM), November,A.D.,1999.
and Ordinance Na. 211
(SOUTHWEST WELD SERVICE BOARD OF COU NTY
AREA ROD IMPACT 'FEE COMMISSIONERS
PROGRAM). WELD COUNTY,COLORADO
AMEND SECTIONS 31.8.8 and
38.3.12 to read as follows: Read and Approve. November
17,1999
No BUILDING or STRUCTURE Publication November 24,
as defined and limited to those 1999,in the South Weld Sun
occupancies listed as Groups A, Effective: December I, 1999
B.E.H,I.N.and R in Table 3-A
NOTICE
DOCKET NO. 99-70
The Weld County Planning Commission and the Board of County Commissioners of Weld County
will conduct public meetings on November 16, 1999, and November 17, 1999, respectively, to
consider the following:
An amendment to Weld County Ordinance#89-JJ, the Weld County Zoning Ordinance, to add a
new Section 84, which will state as follows:
The Building Inspection Department shall withhold issuance of Building Permits if the use of the
property does not conform to the terms set forth in this Ordinance and where made applicable by
the terms set forth in any other specified Weld County Ordinance, including, but not limited to,
Ordinance No. 197 (PUD), Ordinance No. 191 (MUD), Ordinance No.119 (SUBDIVISION),
Ordinance No.210(WINDSOR SERVICE AREA ROAD IMPACT FEE PROGRAM),and Ordinance
No. 211 (SOUTHWEST WELD SERVICE AREA ROAD IMPACT FEE PROGRAM).
An amendment to Sections 31.5.5 and 36.3.12 of Weld County Ordinance#89-JJ,the Weld County
Zoning Ordinance, to state as follows:
No BUILDING or STRUCTURE shall be constructed within a 356 150 foot radius of any OIL AND
GAS PRODUCTION FACILITIES. Any construction within a 356150 foot radius of OIL AND GAS
PRODUCTION FACILITIES shall require a variance from the terms of this Ordinance in
accordance with Section 61.3.
An amendment to Section 61.3 of Weld County Ordinance #89-JJ, the Weld County Zoning
Ordinance, to state as follows:
The Board of Adjustment has the power to hear and decide appeals for variance from the terms
of this Ordinance and the PUD Ordinance or MUD design standards as the PUD or MUD
Ordinances are applied to individual lots or parcels. Appeals for variance may be brought to the
Board of Adjustment when, because of special conditions relating to the subject land, a literal
enforcement of the provisions of these Ordinances would result in unnecessary hardship to the
appellant.
The public meeting before the Planning Commission concerning said amendments will take place
on November 16, 1999, at 1:30 p.m. in Room 210, Weld County Planning Department, 1555 N.
17th Avenue, Greeley, Colorado. Consideration of the amendments by the Board of County
Commissioners will be on November 17, 1999, in the first floor assembly room, Weld County
Centennial Center, 915 10th Street, Greeley, Colorado, at or about 9:00 a.m., and will follow the
emergency ordinance procedures set forth in the Weld County Home Rule Charter. All persons
in any manner interested in said amendments are requested to attend said public meetings and
may be heard.
BE IT ALSO KNOWN that the Planning Commission will also conduct a public meeting on
November 16, 1999, at 1:30 p.m., to consider two new Weld County ordinances, Ordinance No.
210 (WINDSOR SERVICE AREA ROAD IMPACT FEE PROGRAM), and Ordinance No. 211
(SOUTHWEST WELD SERVICE AREA ROAD IMPACT FEE PROGRAM). The public meeting
before the Planning Commission will take place in Room 210, Weld County Planning Department,
1555 N. 17th Avenue, Greeley, Colorado. The third and final reading of said ordinances before the
Board of County Commissioners will take place on November 17, 1999, in the first floor assembly
room, Weld County Centennial Center, 915 10th Street, Greeley, Colorado, at or about 9:00 a.m.
Copies of the text of said Ordinances 210 and 211 are available upon request from the office of
the Clerk to the Board of County Commissioners, Room 317, in the Weld County Centennial
Center, 915 10th Street, Greeley, Colorado. E-Mail messages sent to an individual Commissioner
may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the
case file, please send a copy to chardinoaco.weld.co.us.
ORDINANCE NOS. ORDINANCES #89-KK, #210, AND #211
ORDINANCE TITLES: IN THE MATTER OF AMENDMENTS TO THE WELD COUNTY
ZONING ORDINANCE (#89-KK) - EMERGENCY ORDINANCE
WINDSOR SERVICE AREA ROAD IMPACT FEE PROGRAM(#210)
SOUTHWEST WELD SERVICE AREA ROAD IMPACT FEE
PROGRAM (#211)
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO AND
THE WELD COUNTY PLANNING
COMMISSION
DATED: October 27, 1999
PUBLISHED: October 30, 1999, in the Fort Lupton Press
Affidavit of Publication
NOTICE
boon November 17,1999.in
STATE OF COLORADO DCC Nw.aro County the*stnld oan omerny yroom,
County of Weld SS. ial
Planning Commission and Center, 915 10th Street,
the Scold of County Greeley, Colorado. at or
I A. Winkler Riesel of said Commissoners of Weld about 9:00 a.m., and will
County of Adams being duly sworn, say that I am Cfollow the emergency
publisher of elan MI conduct m public ordinance rocedwes set
1 melange on November 16. p
1999. and November 17, forth In the Weld County
1999. respectively, to Home Rule Charter. All
FORT LUPTON PRESS conetler the fdlowIng: persons in any manner
that the same is a weekly newspaper of general circulation An amendment to Weld Interested in sold
was printed and published in Coon amendmenfsarer
the town of n a County
Zoning
requested
Ordnance.
anc County new tom attend 0v public
Ordnance. to odd a new m9etingsantlmaybeheatl,
FORT LUPTON Sao eon 64, which will state BE IT ALSO KNOWN that
as follows: the PlanningCommidlon MO
in said county and state than the notice of advertisement,of The Building Inspection also conduct a public
which the annexed is a true Deportment shall withhold meeting on November 16,
copy has been published in said weekly newspaper for 'Nuance of Building PermItsll 1999,at 1.30 p.m.,toconsider
theussol the property cbes two new Weld County
ONE consecutive regular
weeks: that the notice nu was
not conform to the terms set ordinances.Ordinance No.
published in spa r and entire issue of every number forth in this applicable
and ROAWINDS PTCE AREA
of said d lime of during the whim modteens
e no in by ROAD IMPACT FEE
newspaper
per lime of publication noof said notice and in the the *eset forth C any No. 211 (S),and WELD
suwseen proper her and act in a OtherOrdinance,
Including,
buyt N (SOUTHWEST EAROADIMPACT
LD
osta red that the first publication oLsaid notice OrdicNot SERVICEFEE GR Th pubic
was newspaper
contained in the issue of notl9Y( ).Or nor ce No.191 meson etore The publg
(MUD). di n Nor.119 meelir s ion Ma place
said newspaper bearing the data of (MUD). Ordinance No. 119 CaprrxsNon will take place
OCTOBER 30 A.D. 1999 and the last (SUBDIVISION), Ordinance laatiom 210, Weld County
publication thereof, in the issue of said newspaper,bearing No.210(WINDSOR SERVICE Planning Department, 1555
date, AREA ROAD IMPACT FEE N. 17th Avenue, Greeley,
PROGRAM),and Ordnance Colorado.Thethirdandenal
NO. 211 (SOUTHWEST WELD reading of said ordinances
the 30th day of OCTOBER 1999_,that SERVICE AREA ROAD IMPACT before the Board of County
the aid FEE PROGRAM). Commissioners will take
An amendment to demean November 17,1999,
Sections 31.5.5 and 36.3.12 in the first floor assembly
FORT LUPTON PRESS of Weld County Ordinance room. Weld County
has been published continuously and uninterruptedly WSPJJ, the Weld County Centennial Center,915 10th
during the period of at least Zoning Ordinance,to state Street,Greeley,Colorado.at
fitly-two consecutive weeks next prior to the first issue a follows: or about 9,00 a.m.Caplesof
thereof containing said notice No BUILDING or the text of said Ordnances
or advertisement above referred to: and tha I said STRUCTURE shall be 210 and 211 are avdlode
newspaper was at the time of constructed within a 660150 upon request fromtheofce
each of the publications of said notice duly qualified for foot radius of any OIL AND of the clerk to the Board of
that purpose within the GAS PRODUCTION County Commissioners,
meaning of an act entitled. "An Ad Concerning Legal FACILITIES.Any construction Room 317, in the Weld
Notices, Advertisements and within a650150faotwtllusol County Centennial Center,
Publications and the Fees of Printers and Publishers Oil AND GAS PRODUCTION 915 10th Street. Greeley.
thereof,and to Repeal all Ads FACILITIES shall require a Colorado. E.Mat messages
and Parts of Acts in Conflict with the Provisions of this variance hom the terms of sent to an Individual
Act" approved April 7, 1921, this Ordinance in Commissioner may not be
and all amendments thereof, and particularly as amended accordance with Section Included in the case fie. To
by an act approved,March 30. 61.3. ensure inclusion of your E-
19.,o n an act approved y I3 An amendment to Mdn correspondence Into
, 193 Ordinance
Section 11 Weld County Weld the case file.Pledge send a
n9 Ordinance,
an Wee coprear to
st as ollowOalnance,b ohaalnnrNro weltl co usewsiiiiir .
state as follows:
The Board of Adjustment ORDINANCE NOS.
Publisher has the power to hear and ORDINANCESIS9-ILe,f210,
dam they r variance AM 1211
Subscribed and sworn to from the terms of ihb ORDINANCE TITLES: IN THE
Ordinance and the PUD MATTER OF AMENDMENTS
before me this 30th day of Ordinance or MUD design TO THE WELD COUNTY
OCTOBER A.D. 1999 standardaathe PUDor MUD ZONINGORDINANCE(fS9-
\ Ordinances ore applied t ZK) • EMERGENCY
•
_ Indivitlual lots or pwceN. ORDINANCE
_ Appeals for variance may WINDSOR SERVICE AREA
/
' y y��&C �Z , ) be brought to the Board of RQAD IMPACT FEE
""''�� !!! Adjustment when,because PROGRAM(121D)
/"1:'-(27:12
Notary Pgotic ofspecldcondltlonsrelating SOUTHWEST WELD SERVICE
/: / to the sublect land,a literal AREA ROAD IMPACT FEE
P.O.BOX 125 entokcement of the PROGRAM(4211)
provisions of these Ordinances would result in BOARD OF COUNTY
unnecessary hardship to the COMMISSIONERS
appellant. WELD COUNTY.
FT. LUPT to" f,L•I The public meeting COLORADO AND
`h before the PlanningCommIssionconceiningsakl THE WELD COUNTY
�O��r ��/^ill amendments well takelace PLANNING COMMISSION
i V.• it, on November 16, 1999, at DATED:October 27,1999.
1:30 p.m.In Roan 210,weld
JAMIE County Planning Published In the Fort Lupton
i DepamMnt. 1555 N. 17th Press October 30,1999,
I i
T YBARRA /� Avenue.grreeley.Colorado.
II(l�\ 8, Consaerallon of the
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