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Home My WebLink About20241410.tiffWELD COUNTY CODE ORDINANCE 2024-04 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of the County of Weld, State of Colorado, that Chapter 23 Zoning of the Weld County Code be, and hereby is, repealed and re-enacted, with amendments, to read as follows.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. The following specific words and phrases, when appearing in this Chapter in uppercase letters, shall have the meanings stated in this Section: Delete AUXILIARY QUARTERS. DWELLING, DUPLEX: A BUILDING containing two (2) DWELLING UNITS. DWELLING, MULTI -FAMILY: A BUILDING containing three (3) or more DWELLING UNITS. DWELLING, SINGLE-FAMILY: A BUILDING containing one (1) DWELLING UNIT. DWELLING UNIT: A single unit providing complete independent living facilities for one (1) or more individuals, including permanent facilities for cooking, eating, living, sanitation and 4966325 Pages: 1 of 13 06/17/2024 01:06 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO 111IillwirMslis l : 'L' MIMICRY 1P�I? Irks lidiyh II III PAGE 1 Gc: C rti(E6/GH), CA(Ai-L.), 2024-1410 FI (cp/ss/so) Ac-r(co), ORD2024-04 PI-IERMN/SFMR /Ka) O6/27/24( sleeping. The term DWELLING UNIT does not include HOTELS, MOTELS, RECREATIONAL VEHICLES or other places or accommodations when used for transient occupancy. Delete FAMILY Delete FOSTER CARE HOME. Amend GARDENING: The cultivation of plants, including, but not limited to, PUBLIC or private community gardens. Delete LIVING UNIT. NONCOMMERCIAL JUNKYARD: An area where any waste, JUNK or used or secondhand materials are stored or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered last or currently registered under the property owner's and/or tenant's name. This definition does not include COMMERCIAL VEHICLES. Where NONCOMMERCIAL JUNKYARDS are allowed by Article III of this Chapter, they shall be visually SCREENED from all ADJACENT properties and PUBLIC RIGHTS -OF -WAY by an opaque privacy fence made of uniform material such as wood, composite, masonry, or similar traditional fencing materials. Chain link, with or without slats or windscreen privacy mesh, is not acceptable screening. Amend OIL AND GAS SUPPORT AND SERVICE: Establishments principally engaged in serving the oil and gas industry, including but not limited to: a. Class I Underground Injection Control (UKIC) wells, as defined by the US Environmental Protection Agency, Remainder of OIL AND GAS SUPPORT AND SERVICE definition — No change. SCREENED: Construction and maintenance of fences, earth berms or the USE of LANDSCAPING materials or other materials used with the approval of the Department of Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding USES. All other definitions — No change. ARTICLE III — Zone Districts Division 1 — A (Agricultural) Zone District Amend Sec. 23-3-20. Uses allowed by right outside of subdivisions and historic townsites. No BUILDING, STRUCTURE or land shall be used and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the A (Agricultural) Zone District on LOTS outside of SUBDIVISIONS and HISTORIC TOWNSITES except for one (1) or more of the following USES. PAGE 2 4966325 Pages: 2 of 13 06/17/2024 01:06 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 2024-1410 ORD2024-04 11111 i NION:11141AlEfilIiihilt iN. Ailid.1I 111 A. thru J. — No change. K. One (1) SINGLE-FAMILY DWELLING or GROUP HOME per LEGAL LOT. Remainder of Section — No change. Amend Sec. 23-3-30. Accessory uses outside of subdivisions and historic townsites. The following BUILDINGS, STRUCTURES and USES shall be allowed in the A (Agricultural) Zone District on LOTS outside of SUBDIVISIONS and HISTORIC TOWNSITES so long as they are clearly incidental and ACCESSORY to an allowed USE: A. and B. — No change. Add new C. One (1) DWELLING UNIT ACCESSORY to a SINGLE-FAMILY DWELLING per LEGAL LOT, subject to the provisions of Division 8 of Article IV of this Chapter. D. NONCOMMERCIAL JUNKYARD, as long as it is SCREENED from all ADJACENT properties and PUBLIC RIGHTS -OF -WAY. Reletter Remaining Section. Amend Sec. 23-3-35. Uses allowed by permit outside of subdivisions and historic townsites. No USE listed in this Section shall commence construction or operation in the A (Agricultural) Zone District on LOTS outside of SUBDIVISIONS and HISTORIC TOWNSITES without prior approval of a land use permit from the Department of Planning Services or Department of Public Health and Environment, as applicable. A. thru C. — No change. Delete D. Auxiliary Quarters. E. thru R. — No change. Reletter as D. thru Q. Delete S. Remainder of Section — No change. Reletter as R. thru W. Amend Sec. 23-3-45. Uses allowed by right in subdivisions and historic townsites. No BUILDING, STRUCTURE or land shall be used, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the A (Agricultural) Zone District in SUBDIVISIONS or HISTORIC TOWNSITES except for one (1) or more of the following USES: PAGE 3 4966325 Pages: 3 of 13 06/17/2024 01:06 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO IDA rarsqll I iNitridlithil MARI %h1.1i.M h II II 2024-1410 ORD2024-04 A. thru H. — No change. I. One (1) SINGLE-FAMILY DWELLING or GROUP HOME per LEGAL LOT. Remainder of Section — No change. Amend Sec. 23-3-50. Accessory uses in subdivisions and townsites. The following BUILDINGS, STRUCTURES and USES shall be allowed in the A (Agricultural) Zone District on LOTS in SUBDIVISIONS and HISTORIC TOWNSITES so long as they are clearly incidental and ACCESSORY to an allowed USE: A. thru B. — No change. Add new C. One (1) DWELLING UNIT ACCESSORY to a SINGLE-FAMILY DWELLING per LEGAL LOT, subject to the provisions of Division 8 of Article IV of this Chapter. D. NONCOMMERCIAL JUNKYARD, as long as it is SCREENED from all ADJACENT properties and PUBLIC RIGHTS -OF -WAY. Reletter Remaining Section. Amend Sec. 23-3-55. Uses allowed by permit in subdivisions and historic townsites. No USE listed in this Section shall commence construction or operation in the A (Agricultural) Zone District on LOTS in SUBDIVISIONS and HISTORIC TOWNSITES without prior approval of a land use permit from the Department of Planning Services or Department of Public Health and Environment, as applicable. A. — No change. Delete B. Auxiliary Quarters. Reletter Remaining Section. Amend Sec. 23-3-60. Uses by special review in subdivisions. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained on LOTS in SUBDIVISIONS in the A (Agricultural) Zone District upon approval of a Special Review Permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. A. thru S. — No change. Delete T. Reletter Remaining Section. PAGE 4 4966325 Pages: 4 of 13 06/17/2024 01:06 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO HIV iflDM '.I1 *id II it 2024-1410 ORD2024-04 Amend Sec. 23-3-65. Uses by special review in historic townsites. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained on LOTS in HISTORIC TOWNSITES in the A (Agricultural) Zone District upon approval of a Special Review Permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. A. thru DD. — No change. Delete EE. Reletter Remaining Section. Division 2 — Residential Zone Districts Amend Sec. 23-3-100. Intent. The R-1, R-2, R-3, R-4 and R-5 Residential Zone Districts are intended to provide present and future residents of the COUNTY with areas in which to locate and establish a variety of residential land USES and land USES that are compatible with residential areas. The Residential Zone Districts are typically located in areas where adequate services and infrastructure are currently available or reasonably obtainable. Amend Sec. 23-3-110. R-1 (Low -Density Residential) Zone District. A. Intent. The purpose of the R-1 Zone District is to provide areas predominantly for suburban -scale, single-family residential USE that are located, designed and developed in compliance with the applicable requirements of this Code. The R-1 Zone District is also intended to accommodate nonresidential land USES that are ACCESSORY to or compatible with residential USES. This Zone District may serve as a transition between E and R-2 Zone Districts and should be located such that driveways will be located on low -traffic, local PUBLIC or private STREETS/ROADS or ALLEYS. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be used, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the R-1 Zone District except for one (1) or more of the following USES. 1. thru 5. — No change. 6. One (1) SINGLE-FAMILY DWELLING or GROUP HOME FACILITY per LEGAL LOT. 7. — No change. C. — No change. PAGE 5 4966325 Pages: 5 of 13 06/17/2024 01:06 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CC IIII NIFJCPNI UI+ i+,igl.011.14F1W kl i:ile id 111111 2024-1410 ORD2024-04 D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the R-1 Zone District so long as they are clearly incidental and ACCESSORY to an allowed USE: Add new 1. thru 3. 1. One (1) CARGO CONTAINER per LEGAL LOT, subject to the provisions of Section 23-4-1100, as long as it is SCREENED from all ADJACENT properties and PUBLIC RIGHTS -OF -WAY. 2. One (1) DWELLING UNIT ACCESSORY to a SINGLE-FAMILY DWELLING per LEGAL LOT, subject to the provisions of Division 8 of Article IV of this Chapter. 3. NONCOMMERCIAL JUNKYARD, as long as it is SCREENED from all ADJACENT properties and PUBLIC RIGHTS -OF -WAY. Renumber Remaining Subsection. E. - No change. F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the R-1 Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. Add new 1. More than the number of ANIMAL UNITS allowed by Section 23-3-160.H.1 of this Division 2. Renumber subsequent items. Amend Sec. 23-3-120. R-2 (Duplex Residential) Zone District. A. — No change. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be used and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the R-2 Zone District except for one (1) or more of the following USES. 1. thru 5. — No change. 6. One (1) SINGLE-FAMILY DWELLING, DUPLEX DWELLING, or GROUP HOME FACILITY per LEGAL LOT. 7. — No change. C. — No change. PAGE 6 4966325 Pages: 6 of 13 06/17/2024 01:06 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO uiiI I r.��R�PI�r'Gila<'I'�I�Mth'p�'��+I�k4'�Y4rh luIII 2024-1410 ORD2024-04 D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the R-2 Zone District so long as they are clearly incidental and ACCESSORY to an allowed USE: Add new 1. One (1) DWELLING UNIT ACCESSORY to a SINGLE-FAMILY DWELLING per LEGAL LOT, subject to the provisions of Division 8 of Article IV of this Chapter. An ACCESSORY DWELLING UNIT is not permissible on a LOT with a DUPLEX. Renumber subsequent items. Remainder of Section — No change. Amend Sec. 23-3-130. R-3 (Medium -Density Residential) Zone District. A. — No change. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be used, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the R-3 Zone District except for one (1) or more of the following USES. 1. and 2. — No change. Delete 3. Renumber subsequent items. Remainder of Section — No change. Amend Sec. 23-3-140. R-4 (High -Density Residential) Zone District. A. — No change. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be used, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the R-4 Zone District except for one (1) or more of the following USES. 1. thru 2. — No change. Delete 3. Renumber subsequent items. Remainder of Section — No change. Amend Sec. 23-3-150. R-5 (Manufactured Home Residential) Zone District. A. — No change. PAGE 7 4966325 Pages: 7 of 13 06/17/2024 01:06 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO F0rJRawirWAIKVIE.NO 1i III 2024-1410 ORD2024-04 B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be used, and no BUILDING or STRUCTURE shall be hereafter erected, structurally altered, enlarged or maintained in the R-5 Zone District, except for one (1) or more of the following USES. 1. thru 5. — No change. 6. One (1) SINGLE-FAMILY DWELLING, DUPLEX DWELLING, or GROUP HOME FACILITY per LEGAL LOT. 7. UTILITY SERVICE FACILITIES. C. — No change. D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the R-5 Zone District so long as they are clearly incidental and ACCESSORY to an allowed USE: Add new 1. One (1) DWELLING UNIT ACCESSORY to a SINGLE-FAMILY DWELLING per LEGAL LOT, subject to the provisions of Division 8 of Article IV of this Chapter. An ACCESSORY DWELLING UNIT is not permissible on a LOT with a DUPLEX. Renumber subsequent items. Remainder of Section — No change. Division 5 — E (Estate Zone District) Amend Sec. 23-3-410. Uses allowed by right. No BUILDING, STRUCTURE or land shall be used, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the E Zone District except for one (1) or more of the following USES. A. thru E. — No change. F. One (1) SINGLE-FAMILY DWELLING or GROUP HOME FACILITY per LEGAL LOT. Remainder of Section — No change. Amend Sec. 23-3-420. Accessory uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the E (Estate) Zone District so long as they are clearly incidental and accessory to an allowed USE. Exterior portions of all ACCESSORY BUILDINGS, including the roof, shall be constructed of nonreflective materials. A. — No change. PAGE 8 4966325 Pages: 8 of 13 06/17/2024 01:06 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO VIII ICI Gii'lliti Ilrhlht atrilti Ili BIM I 2024-1410 ORD2024-04 Add new B. One (1) DWELLING UNIT ACCESSORY to a SINGLE-FAMILY DWELLING per LEGAL LOT, subject to the provisions of Division 8 of Article IV of this Chapter. Reletter Remainder of Section. Amend Sec. 23-3-425. Uses allowed by permit. No USE listed in this Section shall commence construction or operation in the E Zone District without prior approval of a land use permit from the Department of Planning Services. Delete A. AUXILIARY QUARTERS. Reletter Remainder of Section. ARTICLE IV — Supplementary District Regulations and Zoning Permits Amend Sec. 23-4-180. Medical hardship. Effective June 14, 2024, existing MANUFACTURED HOMES issued zoning permits for use during a medical hardship shall be considered ACCESSORY DWELLING UNITS, provided they meet applicable requirements of Section 23-4-600 and Chapter 29 of this Code. Repeal and reenact Division 8 in its entirety. Division 8 - Accessory Dwelling Units Sec. 23-4-600. Requirements for an Accessory Dwelling Unit. Where an ACCESSORY DWELLING UNIT (ADU) is permitted in Article III of this Chapter, the following criteria shall be met prior to issuance of a building permit for said dwelling: A. An ADU may be attached to, detached from, or contained within a SINGLE-FAMILY DWELLING. B. An ADU is not permissible on a LOT with a DUPLEX. C. No LOT shall contain more than one (1) ADU. D. No ADU shall be permitted unless the Department of Planning Services has determined the LOT to be a LEGAL LOT. E. An ADU must comply with all bulk requirements in Sections 23-3-70, 23-3-160, or 23-3-440, as applicable. F An ADU must comply with all applicable building codes, as adopted in Chapter 29 of this Code. G. An ADU must use an existing driveway access. No new Access Permits shall be issued PAGE 9 4966325 Pages: 9 of 13 06/17/2024 01:06 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO rti)rJ1131P rfit ill'I .it ' F l iI'I Witi Bill 2024-1410 ORD2024-04 for an ADU. H. In R (Residential) zone districts, no ADU shall be permitted unless the LOT is served by PUBLIC WATER and PUBLIC SEWER, unless all of the following conditions are met: 1. The LOT contains at least one (1) acre, 2. The LOT is served by PUBLIC WATER, and 3. PUBLIC SEWER is greater than four hundred (400) feet from the nearest boundary of the LOT. On a LOT in the A (Agricultural) zone district, no ADU shall be permitted on a LOT smaller than two and one-half (2.5) acres unless the LOT is served by PUBLIC WATER. On a LOT in the A (Agricultural) zone district served by PUBLIC WATER, no ADU shall be permitted on a LOT smaller than one (1) acre unless the LOT is also served by PUBLIC SEWER. J. Where an ADU is allowed to be served by an on -site wastewater treatment system (OWTS), a new septic permit may be required, in accordance with Section 30-4-140 of this Code. Division 16 — Cargo Containers Amend Sec. 23-4-1100. Cargo containers used for storage, an office, a dwelling or any habitable use. Where permitted in Article III of this Chapter, a CARGO CONTAINER shall comply with all applicable provisions of this Code, including, but not limited to, the bulk requirements for the zone district in which it is located, Article XI of this Chapter, Chapter 29 of this Code, and the following provisions: Remainder of Section — No change. Amend APPENDIX 23-B - NUMBER OF OFF-STREET PARKING SPACES REQUIRED 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 PAGE 10 4966325 Pages: 10 of 13 06/17/2024 01:06 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 2024-1410 ORD2024-04 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 2024-04 was, on motion duly made and seconded, adopted by the following vote on the 3rd day of June, A.D., 2024. BOARD OF COUNTY COMMISSIONERS ATTEST: ddetvo jelt,;4. Weld County Clerk to the Board k)aud c k. Deputy Clerk to the Board APP'•VED ey Date of signature: L41017'4 WELD COUNTY, COLO Kevi Ross, Chair Perry L. Bucj Pro-Tem Mike Fre-man i Saine First Reading: April 22, 2024 Publication: April 28, 2024, in the Greeley Tribune Second Reading: May 15, 2024 Publication: May 19, 2024, in the Greeley Tribune Final Reading: June 3, 2024 Publication: June 9, 2024, in the Greeley Tribune Effective: June 14, 2024 PAGE 11 4966325 Pages: 11 of 13 06/17/2024 01:06 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 2024-1410 ORD2024-04 VIII WIN IL'LEM CWdk "III AMEND APPENDIX 23-B NUMBER OF OFF-STREET PARKING SPACES REQUIRED �.y PT �h„� A'�.d ��`�'�-4T��"k.:., k= v �, .fin , s..,��,, y F�iai�' az�:u,iawv.�.-;�il Banks, business professional and public OFFICES 1 space/300 sq. ft. GROSS FLOOR AREA Bowling alleys 4 spaces each alley Churches or places of worship 1 space/4 seats of rated seating capacity DWELLING, DUPLEX 2 for each DWELLING UNIT DWELLING, MULTI- FAMILY 2 for each DWELLING UNIT DWELLING, SINGLE- FAMILY 2 for each DWELLING UNIT HOSPITALS 1 space/100 sq. ft. GROSS FLOOR AREA HOTELS and MOTELS 1 space/unit, plus additional spaces required by this schedule for Restaurants, etc. as required Manufacture, research and assembly 2 for every 3 employees each (but in no event less than 2 spaces/1,000 sq. ft. of GROSS FLOOR AREA devoted to such USE) MEDICAL AND DENTAL CLINICS 1 space/250 sq. ft. GROSS FLOOR AREA Mortuaries and funeral parlors 1 space/100 sq. ft. of areas open to the public, plus spaces for mortuary vehicles, plus 1 space/2 employees OFFICE 1 for each 2 employees, plus 1 space for each 500 sq. ft. of office space Nursing homes and rehabilitation centers 1 space/1,000 sq. ft. GROSS FLOOR AREA plus 1 space/employee present during busiest shift. Pre -SCHOOLS and CHILD CARE CENTERS 1 space/employee Primary SCHOOLS (private, parochial, PUBLIC) 1 space/employee RESTAURANT 1 space/6 seats, plus 1 space/2 employees. In the case of facilities which sell food for consumption outside of the establishment, a minimum of 20 spaces shall be provided Retail sales and service 1 space/200 sq. ft. GROSS FLOOR AREA Secondary SCHOOLS (private, parochial, PUBLIC) 1 space/employee, plus 1 per 5 students Trade or business SCHOOLS and other post -secondary educational institutions 1 space/employee, plus 1 for each student for the school's highest rated classroom capacity Warehouse 1 for every 3 employees (but in no event less than 1 space for each 1,000 sq. ft. devoted to warehouse use. Wholesale sales and service 1 space/400 sq. ft. display and sales area, plus 1 space/2 PAGE 12 4966325 Pages: 12 of 13 06/17/2024 01:06 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO PrillriMalbriM�+Ii Ihthi'l NOM IONA BM 2024-1410 ORD2024-04 employees Any land use activity not otherwise identified in Section 23-4-40 A number of spaces determined by the Department of Planning Services to be reasonably necessary; the requirements shall be consistent with the requirements set forth above for comparable USE activities PAGE 13 4966325 Pages: 13 of 13 06/17/2024 01:06 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO lIII MCIIIIN I ',RIANIIINIQF MI Nit Nikr Pik 111 II 2024-1410 ORD2024-04 WELD COUNTY CODE ORDINANCE 2024-04 La, c?il 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. The following specific words and phrases, when appearing in this Chapter in uppercase letters, shall have the meanings stated in this Section: Delete AUXILIARY QUARTERS. DWELLING, DUPLEX: A BUILDING containing two (2) DWELLING UNITS. DWELLING, MULTI -FAMILY: A BUILDING containing three (3) or more DWELLING UNITS. DWELLING, SINGLE-FAMILY: A BUILDING containing one (1) DWELLING UNIT. DWELLING UNIT: A single unit providing complete independent living facilities for one (1) or more individuals, including permanent facilities for cooking, eating, living, sanitation and PAGE 1 2024-1410 ORD2024-04 sleeping. The term DWELLING UNIT does not include HOTELS, MOTELS, RECREATIONAL VEHICLES or other places or accommodations when used for transient occupancy. Delete FAMILY. Delete FOSTER CARE HOME. Amend GARDENING: The cultivation of plants without the use of tractors or other heavy machinery, including, but not limited to, PUBLIC or private community gardens. Delete LIVING UNIT. NONCOMMERCIAL JUNKYARD: An area where any waste, JUNK or used or secondhand materials are stored or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered last or currently registered under the property owner's and/or tenant's name. This definition does not include COMMERCIAL VEHICLES. Where NONCOMMERCIAL JUNKYARDS are allowed by Article III of this Chapter, they shall be visually SCREENED from all ADJACENT properties and PUBLIC RIGHTS -OF -WAY by an opaque privacy fence made of uniform material such as wood, composite, masonry, or similar traditional fencing materials. Chain link, with or without slats or windscreen privacy mesh, is not acceptable screening. Amend OIL AND GAS SUPPORT AND SERVICE: Establishments principally engaged in serving the oil and gas industry, including but not limited to: a Class I Underground Injection Control (UKIC) wells, as defined by the US Environmental Protection Agency, Remainder of OIL AND GAS SUPPORT AND SERVICE definition — No change. SCREENED: Construction and maintenance of fences, earth berms or the USE of LANDSCAPING materials or other materials used with the approval of the Department of Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding USES. All other definitions — No change. ARTICLE III - Zone Districts Division 1 - A (Agricultural) Zone District Amend Sec. 23-3-20. Uses allowed by right outside of subdivisions and historic townsites. No BUILDING, STRUCTURE or land shall be used and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the A (Agricultural) Zone District on LOTS outside of SUBDIVISIONS and HISTORIC TOWNSITES except for one (1) or more of the following USES. PAGE 2 2024-1410 ORD2024-04 A -thru J — No change K. One (1) SINGLE-FAMILY DWELLING or GROUP HOME per LEGAL LOT i Remainder of Section — No change Amend Sec 23-3-30. Accessory uses outside of subdivisions and historic townsites. The following , BUILDINGS, STRUCTURES and USES shall be allowed in the A (Agricultural) Zone District on LOTS outside of SUBDIVISIONS and HISTORIC TOWNSITES so long as they are clearly incidental and ACCESSORY to an allowed USE A and B — No change Add new C' One (1) DWELLING UNIT ACCESSORY to a SINGLE-FAMILY DWELLING per LEGAL LOT, subject to the provisions of Division 8 of Article IV of this Chapter D NONCOMMERCIAL JUNKYARD, as long as it is SCREENED from all ADJACENT properties and PUBLIC RIGHTS -OF -WAY Reletter Remaining Section Amend Sec 23-3-35 Uses allowed by permit outside, of subdivisions and historic townsites No USE listed in this Section shall commence construction or operation in 'the A (Agricultural) Zone District on LOTS outside of SUBDIVISIONS and HISTORIC TOWNSITES without prior approval of a land use permit from the Department of Planning Services or' Department of Public Health and Environment, as applicable ' A thru C — No change Delete D Auxiliary Quarters E thru R — No change Reletter as D thru Q Delete S - Remainder of Section — No change Reletter as R thru W Amend Sec 23-3-45 Uses allowed by right in subdivisions and historic townsites No BUILDING, STRUCTURE or land shall be used, and no BUILDING or STRUCTURE ,shall hereafter be erected, structurally altered, enlarged or maintained in the A (Agricultural) Zone District in SUBDIVISIONS or HISTORIC TOWNSITES except for one (1) or more of the following USES , PAGE 3 2024-1410 ORD2024-04 A thru H — No change I One (1) SINGLE-FAMILY DWELLING or GROUP HOME per LEGAL LOT Remainder of Section — No change Amend Sec. 23-3-50 Accessory uses in subdivisions and townsites The following BUILDINGS, STRUCTURES and USES shall be allowed in the A (Agricultural) Zone District on LOTS in SUBDIVISIONS and HISTORIC TOWNSITES so long as they are clearly incidental and ACCESSORY to an allowed USE A thru B — No change Add new C One (1) DWELLING UNIT ACCESSORY to a SINGLE-FAMILY DWELLING per LEGAL LOT, subject to the provisions of Division 8 of Article IV of this Chapter D NONCOMMERCIAL JUNKYARD, as long as it is SCREENED from all ADJACENT properties and PUBLIC RIGHTS -OF -WAY Reletter Remaining Section Amend Sec: 23-3-55 Uses allowed by permit in subdivisions and historic townsites No USE listed in this Section shall commence construction or operation in the A (Agricultural) Zone District on LOTS in SUBDIVISIONS and HISTORIC TOWNSITES without prior approval ofa land use permit from the 'Department of Planning Services or Department of Public Health and Environment, as applicable ' A — No change Delete B Auxiliary Quarters Reletter Remaining Section Amend Sec 23-3-60. Uses by special review in subdivisions 'The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained on LOTS in SUBDIVISIONS in the A (Agricultural) Zone District upon approval of a Special Review Permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter A thru S — No change Delete T Reletter Remaining Section PAGE 4 2024-1410 ORD2024-04 Amend Sec 23-3-65 Uses by special review in historic townsites The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained on LOTS in HISTORIC TOWNSITES in the A (Agricultural) -Zone District upon approval of a Special Review Permit in accordance with the requirements and procedures set forth in Article` II, Division 4 of this Chapter A thru DD — No change Delete EE Reletter Remaining Section Division 2 — Residential Zone Districts Amend Sec. 23-3-100 Intent ' The R-1, R-2, R-3, R-4 and R-5 Residential Zone Districts are intended to provide present and future residents of the COUNTY with areas in which to locate and establish a variety of residential land USES and land USES that are compatible with residential areas The Residential Zone Districts are typically located in areas where adequate -services and infrastructure are currently available or reasonably obtainable Amend Sec 23-3-110. R-1 (Low -Density Residential) Zone District A Intent The purpose of the R-1 'Zone District is to provide areas predominantly for suburban -scale, single-family residential USE that are located, designed and developed in compliance with the applicable requirements of this Code The R-1 Zone District is also intended to accommodate nonresidential land USES that are ACCESSORY to ,or ` compatible with residential USES This Zone District may serve as a transition between E and R-2 Zone Districts and should be located such that driveways will be located on low -traffic, local PUBLIC or private STREETS/ROADS or ALLEYS B Uses Allowed by Right No BUILDING, STRUCTURE or land shall be used, and no BUILDING or STRUCTURE 'shall hereafter be erected, structurally altered, enlarged or maintained in the R-1 Zone District except for one (1) or more of the following USES 1 thru 5 — No change 6 One (1) SINGLE-FAMILY DWELLING or GROUP HOME FACILITY per LEGAL LOT 7 — No change C — No change PAGE 5 2024-1410 ORD2024-04 D Accessory Uses The following BUILDINGS, STRUCTURES and USES shall be allowed in the R-1 Zone District so long as they are clearly incidental and ACCESSORY to an allowed USE Add new 1 thru 3 1 One (1) CARGO CONTAINER per LEGAL LOT, subject to the provisions of Section 23-4-1100, as long as it is SCREENED from all ADJACENT properties and PUBLIC RIGHTS -OF -WAY 2 One (1) DWELLING UNIT ACCESSORY to a SINGLE-FAMILY DWELLING per LEGAL LOT, subject to the provisions of Division 8 of Article IV of this Chapter 3 NONCOMMERCIAL JUNKYARD, as long as it is SCREENED from all ADJACENT properties and PUBLIC RIGHTS -OF -WAY Renumber Remaining Subsection E - No change F Uses by Special Review The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the R-1 Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter - Add new 1 More than the number of ANIMAL UNITS allowed by Section 23-3-160 H 1 of this Division 2 ' Renumber subsequent items Amend Sec 23-3-120 R-2 (Duplex Residential) Zone District A — No change B Uses Allowed by Right No BUILDING, STRUCTURE or land shall be used and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the R-2 Zone District except for one (1) or more of the following USES 1 thru 5 — No change 6 One (1) SINGLE-FAMILY DWELLING, DUPLEX DWELLING, or GROUP HOME FACILITY per LEGAL LOT 7 — No change C — No change PAGE 6 2024-1410 ORD2024-04 D Accessory Uses The following BUILDINGS, STRUCTURES and USES shall be allowed in the R-2 Zone District so long as they are clearly incidental and ACCESSORY to an allowed USE , Add new 1 One (1) DWELLING UNIT ACCESSORY to a SINGLE-FAMILY DWELLING per LEGAL LOT, subject to the provisions of Division 8 of Article IV of this Chapter An ACCESSORY DWELLING UNIT is not permissible,on a LOT with a DUPLEX Renumber subsequent items Remainder of Section — No change Amend Sec 23-3-130. R-3 (Medium -Density Residential) Zone District A — No change B Uses Allowed by Right No BUILDING, STRUCTURE or land shall be used, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the R-3 Zone District except for one (1)'or more of the following USES 1 and 2 — No change Delete 3 ' Renumber subsequent items Remainder of Section — No change Amend Sec 23-3-140. R-4 (High -Density Residential) Zone District A — No change B Uses Allowed by Right No BUILDING, STRUCTURE or land shall be used, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the R-4 Zone District except for one (1) or more of the following USES 1 thru 2 - No change Delete 3 Renumber subsequent items Remainder of Section — No change Amend Sec 23-3-150 R-5 (Manufactured Home Residential) Zone District A — No change PAGE 7 2024-1410 ORD2024-04 B Uses Allowed by Right No BUILDING, STRUCTURE or land shall be used, and no BUILDING or STRUCTURE shall be hereafter erected, structurally altered, enlarged or maintained in the R-5 Zone District, except for one (1) or more of the following USES 1 'thru 5 — No change 6 One (1) SINGLE-FAMILY DWELLING, DUPLEX DWELLING, or GROUP HOME FACILITY per LEGAL LOT 7 UTILITY SERVICE FACILITIES C — No change D Accessory Uses The following 'BUILDINGS, STRUCTURES and USES shall be allowed in the R-5 Zone District so long as they are clearly incidental and ACCESSORY to an allowed USE Add new 1 One (1) DWELLING UNIT -ACCESSORY to a SINGLE-FAMILY DWELLING per LEGAL LOT, subject to the provisions of Division 8 of Article IV of this Chapter An ACCESSORY DWELLING UNIT is not permissible on a LOT with a DUPLEX Renumber subsequent items Remainder of Section — No change Division 5 — E (Estate Zone District) Amend Sec 23-3-410 Uses allowed by right. No BUILDING, STRUCTURE or land shall be used, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, -enlarged or maintained in the -E Zone District except for one (1) or more of the following USES A thru E — No change F One (1) SINGLE-FAMILY DWELLING or GROUP HOME FACILITY per LEGAL LOT Remainder of Section — No change Amend Sec 23-3-420. Accessory uses The following BUILDINGS, STRUCTURES and USES shall be allowed in the E (Estate) Zone District so long as they are clearly incidental and accessory to an allowed USE Exterior portions of all ACCESSORY BUILDINGS, including the roof, shall be constructed of nonreflective materials A — No change PAGE 8 2024-1410 ORD2024-04 Add new B. One (1) DWELLING UNIT ACCESSORY to a SINGLE-FAMILY DWELLING per LEGAL LOT, subject to the provisions of Division 8 of Article IV of this Chapter. Reletter Remainder of Section. Amend Sec. 23-3-425. Uses allowed by permit. No USE listed in this Section shall commence construction or operation in the E Zone District without prior approval of a land use permit from the Department of Planning Services. Delete A. AUXILIARY QUARTERS. Reletter Remainder of Section. ARTICLE IV — Supplementary District Regulations and Zoning Permits Amend Sec. 23-4-180. Medical hardship. Effective June 14, 2024, existing MANUFACTURED HOMES issued zoning permits for use during a medical hardship shall be considered ACCESSORY DWELLING UNITS, provided they meet applicable requirements of Section 23-4-600 and Chapter 29 of this Code. A. A zoning permit for the annual USE of a MANUFACTURED HOME during a medica4 B. _ � _ won OT in +n O (Agric It r l) one District, in addition to the principal DWELLING UNIT, may be issued by the Department of Planning Services upon a determination that: 1. A medical hardship exists in which the person -to be living in the MANUFACTURED f those persons residing in the principal hardship shall be established in a letter from the subject's medical doctor or other evidence deemed suitable by the Department of Planning Services. The letter shall be submitted as a part of the zoning permit ap subject is physicall' li-time care. 2 There is no reasonable alternative available to the applicant for the care of a person who needs medical supervision. 3. Adequate water and sewage disposal facilities are available to the 4. The MANUFACTURED H permit. PAGE 9 'strict may be issued by the Department 2024-1410 ORD2024-04 above and Section stated in Section 23-4-230 below, the Board of County Commissioners shall review the application for compliance with the criteria set out in giv to those persons listed • the parcel under consideration. Such notification shall be mailed, first-class, not less than ten errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permit process, even if such e The Department of Planning Services shall post a sign for the applicant on the property in question indicating that a MANUFACTURED HOME has been requested for the property, the -meeting date and telephone number where further information may be obtained. The sign shalt be posted at le and evidenced with a photograph. The Board of County Commissioners shall consider any testimony of surrounding property owners concerning the effects of the MANUFACTURED HOME on the surrounding properties. In addition, the Board shall consider compatibility of the NEl and welfare of the inhabitants of the area and the COUNTY. C. All zoning permits for MANUFACTURED HOMES during a medical hardship are temporary. Such permits shall be subject to review annu original permit's issuance. Such permits shall be extended in conformance with the criteria set out in Subsection A above. Any permit for a medical hardship USE shall automatically expfre, and the MANUFACTURED HOME shall be ship or at any such time as the MANUFACTURED HOME is used for other than the permitted USE. D A MANUFACTURED HOMEpermitted as a TEMPORARY USE during a medical hardship undation. Repeal and reenact Division 8 in its entirety. Division 8 - Accessory Dwelling Units Sec. 23-4-600. Requirements for an Accessory Dwelling Unit. Where an ACCESSORY DWELLING UNIT (ADU) is permitted in Article III of this Chapter, the following criteria shall be met prior to issuance of a building permit for said dwelling: A. An ADU may be attached to, detached from, or contained within a SINGLE-FAMILY DWELLING. B. An ADU is not permissible on a LOT with a DUPLEX. PAGE 10 2024-1410 O R D2024-04 C No LOT shall contain more than one (1) ADU. D No ADU shall be permitted unless the Department of Planning Services has determined the LOT to be a LEGAL LOT. E An ADU must comply with all bulk requirements in Sections 23-3-70, 23-3-160, or 23-3-440, as applicable. F An ADU must comply with all applicable building codes, as adopted in Chapter 29 of this Code. G. An ADU must use an existing driveway access. No new Access Permits shall be issued for an ADU. H In R (Residential) zone districts, no ADU shall be permitted unless the LOT is served by PUBLIC U/ATER and PUBLIC SEWER, unless all of the following conditions are met: The LOT contains at least one (1) acre, 2. The LOT is served by PUBLIC WATER, and 3 PUBLIC SEWER is greater than four hundred (400) feet from the nearest boundary of the LOT. On a LOT in the A (Agricultural) zone district, no ADU shall be permitted on a LOT smaller than two and one-half (2.5) acres unless the LOT is served by PUBLIC WATER. On a LOT in the A (Agricultural) zone district served by PUBLIC WATER, no ADU shall be permitted on a LOT smaller than one (1) acre unless the LOT is also served by PUBLIC SEWER. J Where an ADU is allowed to be served by an on -site wastewater treatment system (OWTS), a new septic permit may be required, in accordance with Section 30-4-140 of this Code. Division 16 — Cargo Containers Amend Sec. 23-4-1100. Cargo containers used for storage, an office, a dwelling or any habitable use. Where permitted in Article III of this Chapter, a CARGO CONTAINER shall comply with all applicable pro\ isions of this Code, including, but not limited to, the bulk requirements for the zone district in which it is located, Article XI of this Chapter, Chapter 29 of this Code, and the following provisions: Remainder of Section — No change. PAGE 11 2024-1410 ORD2024-04 Amend APPENDIX 23-B - NUMBER OF OFF-STREET PARKING SPACES REQUIRED 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 The above and foregoing Ordinance Number 2024-04 was, on motion duly made and seconded, adopted by the following vote on the 3rd day of June, A D , 2024 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST Kevin D Ross, Chair Weld County Clerk to the Board BY Perry L Buck, Pro-Tem Deputy Clerk to the Board EXCUSED Mike Freeman (AYE) (AYE) APPROVED AS TO FORM (AYE) County Attorney Date of signature Scott K James Lori Same PAGE 12 (AYE) 2024-1410 ORD2024-04 First Reading April 22, 2024 Publication April 28, 2024, in the Greeley Tribune Second Reading May 15, 2024 Publication May 19, 2024, in the Greeley Tribune Final Reading June 3, 2024 Publication June 9, 2024, in the Greeley Tribune Effective June 14, 2024 ' PAGE 13 2024-1410 ORD2024-04 AMEND APPENDIX 23-B NUMBER OF OFF-STREET PARKING SPACES REQUIRED Use ; �'' ''Numberof,Spaces N -t: Banks, business professional and public OFFICES 1 space/300 sq ft GROSS FLOOR AREA Bowling alleys 4 spaces each alley Churches or places of worship 1 space/4 seats of rated seating capacity DWELLING, DUPLEX 2 for each DWELLING UNIT DWELLING, MULTI- FAMILY 2 for each DWELLING UNIT DWELLING, SINGLE- FAMILY 2 for each DWELLING UNIT HOSPITALS 1 space/100 sq ft GROSS FLOOR AREA HOTELS and MOTELS 1 space/unit, plus additional spaces required by this schedule for Restaurants, etc as required Manufacture, research and assembly 2 for every 3 employees each (but in no event less than 2 spaces/1,000 sq ft of GROSS FLOOR AREA devoted to such USE) MEDICAL AND DENTAL CLINICS 1 space/250 sq ft GROSS FLOOR AREA Mortuaries and funeral parlors 1 space/100 sq ft of areas open to the public, plus spaces for mortuary vehicles, plus 1 space/2 employees OFFICE 1 for each 2 employees, plus 1 space for each 500 sq ft of office space Nursing homes and rehabilitation centers 1 space/1,000 sq ft GROSS FLOOR AREA plus 1 space/employee present during busiest shift Pre -SCHOOLS and CHILD CARE CENTERS 1 space/employee Primary SCHOOLS (private, parochial, PUBLIC) 1 space/employee RESTAURANT 1 space/6 seats, plus 1 space/2 employees In the case of facilities which sell food for consumption outside of the establishment, a minimum of 20 spaces shall be provided Retail sales and service 1 space/200 sq ft GROSS FLOOR AREA Secondary SCHOOLS (private, parochial, PUBLIC) 1 space/employee, plus 1 per 5 students Trade or business SCHOOLS and other post -secondary educational institutions 1 space/employee, plus 1 for each student for the school's highest rated classroom capacity Warehouse 1 for every 3 employees (but in no event less than 1 space for each 1,000 sq ft devoted to warehouse use Wholesale sales and service 1 space/400 sq ft display and sales area, plus 1 space/2 PAGE 14 2024-1410 ORD2024-04 employees Any land use activity not otherwise identified in Section 23-4-40 A number of spaces determined by the Department of Planning Services to be reasonably necessary, the requirements shall be consistent with the requirements set forth above for comparable USE activities PAGE 15 2024-1410 ORD2024-04 Hello