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WELD COUNTY
CODE ORDINANCE 2024-10
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 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, 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hereby is, repealed and re-enacted, with amendments, to read as follows.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.
BASEMENT Any floor level below the first story or main floor of a BUILDING, having its
floor sub -grade (below ground level) on all sides. The lowest floorLOWEST FLOOR of a
residential BUILDING, including BASEMENTS, shall be at least one (1) foot above the BASE
FLOOD ELEVATION (BFE). Any c-rawl spaceCRAWLSPACE with four (4) feet or more between
the floor and the ceiling shall be considered to be a BASEMENT.
CRAWLSPACE: An under -floor space that has its interior floor area (finished or not) no
more than five (5) feet below the top of the next -higher floor. Crawlspaces generally have solid
foundation walls. See Diagram 8 in the FEMA Elevation Certificate Instructions.
LOWEST FLOOR: The LOWEST FLOOR of the lowest enclosed area, including any
crawispace or a BASEMENT. Any floor used for living purposes which includes working, storage,
sleeping, cooking, and eating or recreation, or any combination thereof. This includes any floor
that could be converted to such a use, such as a BASEMENT or crawlspace. Any unfinished or
FLOOD -resistant enclosure, usable solely for parking of vehicles, BUILDING access or storage
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2024-1939
ORD2024-10
in an area other than a BASEMENT area, is not considered a BUILDING'S LOWEST FLOOR,
provided that such enclosure is not built so as to render the STRUCTURE in violation of the
applicable non -elevation requirement of 44 CFR 60 3
ARTICLE XI — Floodplain Management Ordinance
Division 1 — General Provisions
Amend Sec. 23-11-250. — Basis for Establishing Special Flood Hazard Area (SFHA).
The SPECIAL FLOOD HAZARD AREA identified by FEMA in a scientific and engineering
report entitled, "The Flood Insurance Study for Weld County, Colorado, and Incorporated Areas,"
dated September 26, 2024, with accompanying FLOOD INSURANCE RATE MAPs (FIRM) and
FHBM and any revisions thereto, are hereby adopted by reference and declared to be part of this
ORDINANCE These SPECIAL FLOOD HAZARD AREAS identified by the FIS and attendant
mapping are the minimum area of applicability of this ORDINANCE and may be supplemented
by studies designated and approved by the Board of County Commissioners, CWCB and FEMA
The FLOODPLAIN ADMINISTRATOR shall keep a copy of the FIS, FIRMs and/or FHBMs on file
and available for public inspection
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
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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2024-1939
ORD2024-10
The above and foregoing Ordinance Number 2024-10 was, on motion duly made and
seconded, adopted by the following vote on the 5th day of August, A D , 2024
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST
Kevin D Ross, Chair
Weld County Clerk to the Board
Perry L Buck, Pro-Tem
BY
Deputy Clerk to the Board EXCUSED
Mike Freeman
APPROVED AS TO FORM
Scott K James
County Attorney
Lori Same
Date of signature
Publication May 22, 2024, in the Greeley Tribune
First Reading
Publication
June 24, 2024
June 30, 2024, in the Greeley Tribune
Second Reading July 17, 2024
Publication July 21, 2024, in the Greeley Tribune
Final Reading August 5, 2024
Publication August 11, 2024, in the Greeley Tribune
Effective August 16, 2024
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2024-1939
ORD2024-10
PROPOSED MODIFICATIONS
TO THE WELD COUNTY CODE (WCC)
CHAPTER TO BE MODIFIED: Chapter 23, Article Xl
S ECTION(S) PROPOSED TO BE MODIFIED: Section 23-11-250 and Section 23-1-90
RATIONALE FOR MODIFICATION: Staff is required by the Colorado Conservation Water Board
(CWCB) and FEMA to adopt code that accepts the last three (3) floodplain maps. The majority of
the maps were accepted on November 30, 2023, but there are three (3) floodplain maps that did
n ot get accepted. These three (3) maps have been fully reviewed by FEMA and will be adopted
o n September 26, 2024. The Weld County Floodplain Ordinance must be consistent with the
latest adoption date of September 26, 2024. Section 23-11-250 shows the date change. Also, add
the definition of crawlspace and clarify the definition of lowest floor.
P ROPOSED MODIFICATION:
CHAPTER 23 —ZONING
ARTICLE 1 - General Provisions
Sec. 23-1-90. - Definitions.
BASEMENT Any floor level below the first story or main floor of a BUILDING, having its floor
sub -grade (below ground level) on all sides. The lowest floor of a residential BUILDING, including
BASEMENTS, shall be at least one (1) foot above the BASE FLOOD ELEVATION (BFE). Any
crawl space CRAVE/LSPACE with four (4) feet or more between the floor and the ceiling shall be
considered to be a BASEMENT.
CRAWLSPACE: An under -floor space that has its interior floor area (finished or not) no more
than five (5) feet below the top of the next -higher floor. Crawlspaces generally have solid
foundation walls. See Diagram 8 in the FEMA Elevation Certificate Instructions.
LOWEST FLOOR: The LOWEST FLOOR of the lowest enclosed area, including any
crawlspace or a BASEMENT. Any floor used for living purposes which includes working, storage,
sleeping, cooking, and eating or recreation, or any combination thereof. This includes any floor
that could be converted to such a use, such as a BASEMENT or crawlspace. Any unfinished or
FLOOD -resistant enclosure, usable solely for parking of vehicles, BUILDING access or storage
in an area other than a BASEMENT area, is not considered a BUILDING'S LOWEST FLOOR;
provided that such enclosure is not built so as to render the STRUCTURE in violation of the
applicable non -elevation requirement of 44 CFR 60.3.
ARTICLE Xl - Floodplain Management Ordinance
Division 1 General Provisions
Sec. 23-11-250. Basis for establishing Special Flood Hazard Area (SFHA).
The SPECIAL FLOOD HAZARD AREA identified by FEMA in a scientific and engineering
report entitled, "The Flood Insurance Study for Weld County, Colorado, and Incorporated Areas,"
dated September 26, 2024 November 30. 2023, with accompanying FLOOD INSURANCE RATE
MAPs (FIRM) and FHBM and any revisions thereto, are hereby adopted by reference and
declared to be part of this ORDINANCE. These SPECIAL FLOOD HAZARD AREAS identified by
the FIS and attendant mapping are the minimum area of applicability of this ORDINANCE and
may be supplemented by studies designated and approved by the Board of County
Commissioners, CWCB and FEMA The FLOODPLAIN ADMINISTRATOR shall keep a copy of
the FIS, FIRMs and/or FHBMs on file and available for public inspection
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