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Home My WebLink About20240950.tiffEXHIBIT INVENTORY CONTROL SHEET ORD2024-04 - CHAPTER 23 ZONING - (ACCESSORY DWELLING UNITS AND CHANGES TO R-1 ZONE DISTRICT REGULATIONS) Exhibit Submitted By Description Anne Best Johnson, Community Development A. Director, Berthoud Elizabeth Relford, Planning B. Director Documents for Planning Commission 04/02/2024 Memorandum dated 04/22,2024, Request for small C. Jim Flesher, Planning change to Sec. 23-4-600 and Planning Presentation Letter of Concern D. Planning Staff Notice of Hearing/Public Meeting REVISED Documents for Planning Commission E. Max Nader/Elizabeth Relford 05/07/2024 Memorandum dated 05/15/2024 and Planning F. Max Nader, Planning Manager Presentation G. MaryRose Cullen Letter for Review with pdf listing H. Jim Flesher, Planning Changes for third reading 06/03/24 Memorandum dated 06/03/2024 and Planning I. Max Nader/Elizabeth Relford Presentation J. K. L. M. N. O. P. Q. R. S. T. U. 2024-0950 ORD2024-04 807 Mountain Ave PO Box 1229 Berthoud CO 805131O: 970-.532.2643 F: 970.532.0640 1 Berthoud.org Monday, April 1, 2024 Ms. Esther Gesick, Clerk to the Board Weld County P.O. Box 758 Greeley, CO 80632 Sent via email to CTB@weld.gov RE: Ordinance 2024-04, Cargo containers and Noncommercial Junkyards in the R-1 Zone District Dear Planning Commissioners and County Commissioners, The Town of Berthoud thanks you for the opportunity to respond to Ordinance 2024-04. To follow is input from the Town for your consideration. The intent of the R-1 Zone District is for residential purposes and additional uses compatible with residential uses. Noncommercial Junkyards by nature is a heavy commercial or industrial use that is not compatible with residential uses. If the County has a growing concern with the predominance of noncommercial junkyards in a particular area, then perhaps rezoning those properties to industrial would be a more direct method of managing the issue rather than introducing an incompatible use into the zone district in general. Shipping/cargo containers are designed, engineered and manufactured for a specific use — storing goodds during shipping. These containers are not designed, engeineerd and manufactured for long-term storage and habitation without engineering and design modifications due to safety concerns. Without modifications to meet the building code, these containers should not be used throughout Weld County. The area surrounding the Town of Berthoud in unincorporated Weld County is currently zoned Agriculture however, this may change in the future. Neither use is compatible with the Town's Land Use Code. Let me know if you have any questions regarding this letter and thank you again for the opportunity to comment on the changes to the Weld County Code. I may be reached at (970) 344-5818 or ajohnson@berthoud.org should you have any questions. Sincerely, Anne Best Johnson Community Development Director MEMORANDUM TO: WELD COUNTY PLANNING COMMISSIONERS FROM ELIZABETH RELFORD, DIRECTOR OF PLANNING SERVICES MAXWELL NADER, PLANNING MANAGER DATE: APRIL 2, 2024 RE: ORD2024-04, CHAPTER 23, ACCESSORY DWELLING UNITS AND CHANGES TO R-1 ZONE DISTRICT REGULATIONS This ordinance would replace "auxiliary quarters" and "second single-family homes" with the term "accessory dwelling units" (ADUs), which would not require a zoning permit or USR, but would be allowed by building permit in the A (Agricultural), E (Estate), R-1 (Single -Family Residential), R-2 (Duplex Residential), and R-5 (Manufactured Home Residential) zone districts, as long as it complies with the revised regulations in Section 23-4-600 of the County Code. The ordinance also eliminates the current limit on the number of unrelated occupants within a dwelling unit. With this change, the definitions of "family", "foster care home", and "living unit" are unnecessary. For example, a foster care home would be no different from any other home. Current code limits a dwelling unit to one living unit, which is defined as a family plus up to three additional individuals. Staff is unable to determine when the last time this provision was enforced, which would require verifying if people living together are related by blood, marriage, or adoption. Other changes to definitions in Section 23-1-90 include eliminating the prohibitions on duplexes and multi -family residences from being manufactured in a factory and transported to the site the way single-family manufactured homes are allowed to be, and changes to "noncommercial junkyard' and "screened". The other provisions of this ordinance are particular to the R-1 zone district and include the following: 1. Allowing one cargo container per lot as long as it is screened by a fence from adjacent properties and public rights -of -way. 2. Allowing property owners to store belongings outdoors (noncommercial junkyard), as long as they are screened. 3. Allowing the lot to have more than the number of animal units allowed by right, if a use by special review is approved. Please refer to the attached ordinance for more details. Staff recommends approval. Page 1 Summary of the Weld County Planning Commission Meeting Tuesday, April 2, 2024 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado This meeting was called to order by Vice -Chair Butch White, at 1 30 p m Roll Call Present Skip Holland, Butch White, Michael Wades, Pamela Edens, Michael Palizzi, Shana Morgan, Virginia Guderjahn, Barney Hammond Absent Elijah Hatch Also Present Chris Gathman, Diana Aungst, Molly Wright, and Maxwell Nader, Department of Planning Services, Lauren Light, Department of Health, Karin McDougal, County Attorney, and Kris Ranslem, Secretary Case Number Presented by Request Ordinance 2024-04 Max Nader/Elizabeth Relford In the Matter of Repealing and Reenacting with Amendments, Chapter 23 Zoning of the Weld County Code (Accessory Dwelling Units and R-1 Revisions) Maxwell Nader, Planning Services, presented Ordinance 2024-04 relating to Accessory Dwelling Units and R-1 revisions Mr Nader said that the purpose of this Ordinance is to revise several sections of Chapter 23 of the Weld County Code and added that certain changes are minor clean up items, while other changes bring Weld County Code into compliance with HB24-1007, which is related to residential occupancy limits and HB24-1152 is related to accessory dwelling units Mr Nader said that one (1) letter was received from the Town of Berthoud with general concerns on the ability to allow cargo containers and noncommerical junkyards in the R-1 zone district Mr Nader provided a brief description of the changes which would replace auxiliary quarters and second single-family homes with the term "accessory dwelling units", which would not require a zoning permit or USR, but would be allowed by building permit in the A (Agricultural), R-1 (Single Family Residential), R-2 (Duplex Residential) and R-5 (Manufacture Home Residential) zone districts, as long as it complies with the revised regulations in Section 23-4-600 of the County Code This Ordinance also eliminates the current limit on the number of unrelated occupants within a dwelling unit With this change, the definitions of family, foster care home, and living unit are unnecessary Mr Nader stated that the other provisions of this Ordinance are particular to the R-1 zone district and include the following 1) allow one cargo container per lot as long as it is screened by a fence from adjacent properties and public rights -of -way, 2) allow property owners to store belongings outdoors (noncommercial junkyard), as long as they are screened, and 3) allow the lot to have more than the number of animal units allowed by right, if a use by special review is approved The Department of Planning Services recommends approval of Ordinance 2024-04 Commissioner Edens didn't understand the reason to have screening around a container and asked staff to clarify Mr Nader said it is required to screen cargo containers in an agricultural subdivision, as well as noncommercial junkyards Commissioner Guderjahn referred to the letter from the Town of Berthoud and added that she didn't see anything in the proposed changes where storage containers were allowed to be used for occupancy Mr Nader said that if a storage container were to be used for occupancy, it would have to go through the Building Department for review and approval 1 Commissioner Wailes asked if there will be any properties that would become out of compliance with these proposes changes Mr Nader replied that these proposed changes are actually bringing several properties into compliance Commissioner Edens asked if a site is large enough for an accessory dwelling unit and an additional shop if that would be allowed Mr Nader said that the accessory building is different than accessory dwelling unit and you may have that The Chair asked if there was anyone in the audience who wished to speak for or against this application Mary Rose Cullen, 13617 Elmore Road, stated that it seems to have eliminated R-1 zoning with septic Mr Nader said that currently R-1 zoning requires public water and sewer Ms Cullen said that there is a lot of R-1 zoning with septic that this will eliminate that Mr Nader noted that currently in the R-1 zoning you cannot have secondary living quarters, however, with these proposed changes you can have that ability if you have public water and sewer Barbara Flores, 2545 Cherry Ave, asked to clarify if there is a lot size requirement in order to have an additional dwelling unit Mr Nader replied that in residential zone district there is no lot size requirement but in the agricultural zone district it requires 2 5 acres on well water and 1 acre on public water Nancy Weber, 1511 East 24. Street, Greeley, Colorado, questioned how this might apply if you have a large property from a recorded exemption that would have a septic system She added that she has 30 plus acres and is designated R-1 even though they are an agricultural operation Mr Nader said if you are zoned R-1 you would be required to have public water and sewer in order to be allowed to have an accessory dwelling unit Ms Weber said that there are properties out there that are agricultural properties in this R-1 designation and this design would be very restrictive as you can't add an accessory dwelling Jeff Smith, 1115 East 20. Street, asked if the proposed changes are on the website to review Mr Nader replied yes Mr Smith said that with modifying the R-1 zone district can it be modified again and come back to haunt them He added that their community was zoned estate and then changed to R-1 without anyone knowing The Chair said that we are making changes to come into compliance with a couple of new state laws and also hopefully make the citizens lives easier Mr Nader added that these R-1 changes were already in process for cleanup and then to add the accessory dwelling units and definitions because of the House Bills He added that there have been some recent public conversations related to certain residentially zoned properties that they did hear on whether we should allow other accessory uses such as noncommercial junkyards and cargo containers as long as they are screened Mr Smith said that last year there was a resident who had filed 170 violations against them and added that they have gone through various steps to find out what their options are and the options seem to be changing faster than they can process it Mr Smith said that they just want to know what their options are Mr Nader said that there was a comment related to changes occurring in the future and how they will know about them He added that the code can always change, however, everyone in the R-1 zone district was notified of these proposed code changes Rafael Andrade, 1613 Elder Avenue, Greeley, Colora' b, stated that there are a group of citizens that are having issues with R-1 and Agricultural zoning He said that they would like to know if there is a mechanism that will let them know when their issues are being talked about He added that he sat here today thinking that the Planning Commission was going to talk about the issues specific to their site Mr Andrade said that he received an email that R-1 zoning was going to be talked about but the discussion today is not specific to their area He has put his phone number down at every meeting and asked if anything is going to happen with the stuff that is going on in their area specific to their situation he wants to be advised of that so he can choose whether to take time off of work Kann McDougal, County Attorney, stated that she Is not sure what email he received that he is referring to Mr Andrade said he didn't receive the email from Staff or the Planning Commission Ms McDougal said 2 II� 4 when it comes to individual property right issues you need to talk to planning staff about your individual lot and how it needs to be dealt with because there is not a blanket answer for everyone She added that these code changes are trying to address some of the issues in the R-1 zone that they have heard from your group and added that it will not address every violation or complaint that has been out there but it is affecting your area you are speaking about because most of those properties are zoned R-1 Ms McDougal said that these changes make affect your property and may not but you are zoned R-1 so it is our duty to give you notice She said that she isn't sure what is in the email that Mr Andrade received but there was no email that went out from Weld County Staff that said they were addressing the concerns of East Greeley Mr Andrade asked if a mechanism can be put in place that if it is going to be specific to East Greeley that they can be notified Ms McDougal said it is a possibility if we are going to address something specifically about the East Greeley community then we will give notice to the East Greeley community just like we did previously with the East Greeley community Mr Nader added that there are three (3) County Commissioner readings on this ordinance Mickey Yarmer, 713 East 19th Street Road, asked what the'State changes staff is working on that impacted the change to the R-1 zone district and does that impact everyone in the city and county Mr Nader said that one House Bill is related to clarifying our definitions as it comes from affordable housing by the State's direction House Bill 24-1007 removes definitions to clarify the definitions of family, foster care home, living unit and removing these would remove the number of unrelated residents in a dwelling unit Currently in the Weld County Code you can only have four unrelated people living in one dwelling and these changes are removing that House Bill 24-1152 is in regard to accessory dwelling units, which is streamlining the process to allow it to make is simpler for folks to get an accessory dwelling on their property for the sake of affordable housing He added that any zoning that allows a residence now will be allowed to do this along with certain requirements like the public water and sewer for residential zones Commissioner Wailes stated that these changes are just for inside the County and does not include any municipalities Mr Nader added that local jurisdictions and municipalities will have to adopt these changes on their own Commissioner Wailes referred to Section 23-4-600 J and commented that it is a little confusing He suggested maybe adding "where an agricultural zoned lot is not served" Mr Nader clarified if it is to further clarify Item J Mc Wailes replied yes Commission Edens can't understand if someone is on 3 to 5 acres or more why they cannot have a septic system if they are zoned R-1 Mr Nader said that if you are zoned R-1 and it is 3 acres and there is an existing home on septic we are not saying that you have to have public sewer, however, if you wanted to do improvements on your property for an accessory dwelling unit you would have to get public sewer because that is the intent of the R-1 zone district He added that currently you don't have that option of having an accessory dwelling unit so with these changes this allows for the ability to have it but you still have to meet certain requirements within the R-1 zone district Motion Forward Ordinance 2024-04 to the Board of County Commissioners along with the Planning Commission's recommendation of approval, Moved by Shana Morgan, Seconded by Virginia Guderjahn Vote Motion carried by unanimous roll call vote (summary Yes = 8) Yes Barney Hammond, Butch White, Michael Palizzi, Michael Wailes, Pamela Edens, Shana Morgan, Skip Holland, Virginia Guderjahn Commissioner Edens said that she would like to see some changes to the septic requirements in the R-1 , zone district so that it can be allowed if their property's large enough Meeting adjourned at 4 28 p m Respectfully submitted, Kristine Ranslem Secretary 3 Before the Weld County, Colorado, Planning Commission Resolution of Recommendation to the Board of County Commissioners Moved by Shana Morgan, that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: Case Number: Presented by: Request: Ordinance 2024-04 Maxwell Nader/Elizabeth Relford In the Matter of Repealing and Reenacting with Amendments, Chapter 23 Zoning of the Weld County Code (Accessory Dwelling Units and R-1 Revisions). be recommended favorably to the Board of County Commissioners for the following reasons: 1. Section 23-2-120.8.1 — That the existing text is in need of revision, as proposed. The proposed changes are part of a review of the County Code to update it in relationship to other regulatory documents and to maintain its overall functionality. Several of the items proposed for revision come from recommendations made by the public and landowners, or as the result of observations made by the County Commissioners. Planning Commission, or County Staff during the processing of land use cases. Section 23-2-120.8.2 — That the proposed amendment will be consistent with the future goals and needs of the County as set out in Chapter 22 and any other applicable code provision or ordinance in effect. Fundamentally, the proposed revisions are consistent with County goals that support agricultural and mixed land uses, promote flexibility and predictability in land use matters, and ensure fairness and consistency in processing requirements. 3. Section 23-2-120.8.3 — That the proposed amendment will be consistent with the overall intent of this Chapter. The intert of Chapter 23, as defined by Section 23-1-40, is to provide a unified regulatory system for land use within the County and to promote the health, safety, convenience. morals, order, and welfare o* present and future inhabitants of the County. Motion seconded by Virginia Guderjahn. VOTE For Passage Against Passage Absent Elijah Hatch Skip Holland Butch White Pamela Edens Michael Wailes Michael Palizzi Shana Morgan Virginia Guderjahn Barney Hammond The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. Certification of Copy I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on April 2, 2024. Dated the 2nd of April. 2024 '‘KadeLoul.vt, Kristine Ranslem Secretary Article I - General Provisions 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: wit lin a S OGLE FAM LY DWELL NG which are arranged, cesigned, used or intended for USE as a complete independent living facitity for one (1) FAMILY. All AUXILIARY QUARTERS shall comply with the following requi -ements: thousand six hundred (1,600)- square feet in size. he minimum GROSS ARY QUARTERS s QUARTERS shall not exceed fifty percent (50%) of the remaining GROSS FLOOR AREA of :he SINGLE-FAMILY DWELLING. The AUXILIARY QUARTERS and the SINGLE-FAMILY DWELLING shall be attached by common roof and foundation. DWELLING, DUPLEX: A BUILDING. other than a MANUFACTURED HOME containing two (2) DWELLING UNITS eaokraccupied by not more than one (1) LIVING UNIT. DWELLING, MULTI -FAMILY: A BUILDING other than a MANUFACTURED HOME, containing three (3) or more DWELLING UNITS. each occupied by not more than one {1) LIVING UNIT. DWELLING, SINGLE-FAMILY A DWELLING UNIT arranged, designed and intended to be occupied by not more than one (1) LIVING -UNIT. A BUILDING containing one (1) DWELLING UNIT. DWELLING UNIT A single unit providing complete independent living facilities for one (1) or more individuals, in:Iuding permanent facilities for cooking, eating, living, sanitation, and sleeping. One (1) or independent I ving facility for one (1) LIVING UNIT. The term DWELLING UNIT does not include HOTELS, MOTELS, RECREATIONAL VEHICLES or other places or accommodations when used for transient occupancy. adoption, livirg together. (See also LIVING UNIT) FOSTER CAR my or a child placement agency for child care in tie residence of a person or FAM LY for the purpose of twenty four lour care for one (A ) or more children under tie age of twenty one (21), as further definee in C.R.S. Section 26 6 102(13), and includes kinship foster care homes, as defined by C.R.S. Section 26 2 102(21). is with the FAMILY in the DWELLING UN -I -T: 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. tf--the Zone -district allows, -the NONCOMMERCIAL JUNKYARD Where NONCOMMERCIAL JUNKYARDS are allowed by Article III of this shall be totally ENCLOSED with -in a BUILDING or STRUCTURE or 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. Chapter, they SCREENED: Construction and maintenance of fences, earth berms or the USE of LANDSCAPING materials or other materials USED used with the approval of the Department of Planning Services to lessen J the noise, light heat or visual impacts of a USE on surrounding uses USES. A SCREENING PLAN shall be submitted aid a ng Services. [All other definitions remain unchanged] ARTICLE III - Zone Districts Division 1 - A (Agricultural) Zone District 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. [A. through J. — No change] K. One (1; SINGLE-FAMILY DWELLING, FOSTER CARE HOME, or GROUP HOME per LEGAL LOT. [L. through M. — No change] Sec. 23-3-30. A:cessory 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] C. One (1) DWELLING UNIT ACCESSORY to a SINGLE-FAMILY DWELLING per LEGAL LOT, subject tp the provisions of Division 8 of Article IV of this Chapter. OD. NONCOMMERCIAL JUNKYARD, as long as it is ENCLOSED within a BUILDING or STRUCTURE or SCREENED from all ADJACENT properties and PUBLIC RIGHTS -OF -WAY +n conformance with a SCREENING plan approved by the Department of Planning Services. [Reletter Remaining Section] 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. through C — No Change] Department of Planning Services to ensure the USE complies with the definition in Section 23 1 90 of this Code. [E. through R. - Retter] [T. through Y. - Reletter] 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: [A. through H. — No change] I. One (1) SINGLE-FAMILY DWELLING, FOSTER CARE HOME, or GROUP HOME per LEGAL LOT. [J. through L. — No change] 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. and B. — No Change] 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. CD. NONCOMMERCIAL JUNKYARD, as long as it is ENCLOSED within a BUILDING or STRUCTURE or SCREENED from all ADJACENT properties and PUBLIC RIGHTS -OF -WAY in conformance mg Services. [Reletter Remaining Section] 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] €. of compliance by the Department of Planning Services to ensure the USE complies with the definition in Section 23 1 90 of this Code. [Reletter Remaining Section] 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. through S. — No change] T. One (1) second SINGLE FAMILY DWELLING per LEGAL LOT, subject -to the provisions of Division 8 of Article IV of this Chapter. [Reletter Remaining Section] 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. through DD. — No change] EE. One (1 ) second SINGLE-FAMILY DWELLING per LEGAL LOT, subject to the provisions of Division 8 of Article IV of this Chapter. [Reletter Remaining Section] Division 2 — Residential Zone Districts 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 County Urban Growth Boundaries, Urban Development Nodes, Regional Urbanization Areas or other areas where adequate services and infrastructure are currently available or reasonably obtainable. 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 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. Through 5. — No change] 6. One (1) SINGLE-FAMILY DWELLING FOSTER CARE HOME, or GROUP HOME FACILITY per LEGAL LOT. [7. — No change] [C. — No change] 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: 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. [Reletter 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. 1. More than the number of ANIMAL UNITS allowed by Section 23-3-160.H.1 of this Division 2. [Renumber subsequent items] 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. through 5. — No change] 6. Ore (1) SINGLE-FAMILY DWELLING, DUPLEX DWELLING, FOSTER CARE HOME, or GROUP HOME FACILITY per LEGAL LOT. [7. — No Change] [C. — No Change] 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: 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] 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. —through 2. — No change] FOSTER CARE HOMES. [Renumber subsequent items] [Remaincer of Section — No change] 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. Through 2. — No change] 3. FOSTER CARE HOMES. [Renumber subsequent items] [Remainder of Section — No change] Sec. 23-3-150. R-5 (Manufactured Home 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 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. Through 5. — No change] 6. One (1) SINGLE-FAMILY DWELLING, DUPLEX DWELLING, FOSTER CARE HOME, 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: 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) 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. through E. — No change] F. One (1) SINGLE-FAMILY DWELLING, FOSTER CARE HOME, or GROUP HOME FACILITY per LEGAL LOT. [Remainder of Section — No Change] 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] 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] 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. uire approval of a certificate of compliance by the Department of Planning Services to ensure the USE complies with the definition in Section 23 1 90 of this Code. [Remainder of Section — No change] ARTICLE IV - Supplementary District Regulations and Zoning Permits Division 8 - Second Single -Family Dwelling Sec. 23-4-600. Requirements for Accessory Dwelling Units an Accessory Dwelling Unit Where a second SINGLE-FAMILY DWELLING 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 AEU 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 AEU 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 (esidential) zone districts, no ADU shall be permitted unless the LOT is served by PUBLIC WATER and PUBLIC SEWER. I. 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 a LOT is not served by PUBLIC SEWER. a new septic permit may be required. in accordance with Section 30-4-140 of this Code. pith PUBLIC WATER or two and one DWELL AG, the process described in t riis Division s Bali be fo owed. Wiere Artic e of t pis Chapter requires appava-I of a Use by Special Review for a second SINGLE-FAMILY DWELLING, the process in Division 4 of Article I of this Chapter slat' be- followed. LOT, where permitted. E. Adequate water and sewage disposal facilities shall be available for both principa and second SINGLE FAMILY DWELLINGS. F. The second SINGLE-FAMILY DWELLING shall- be compatible with surrounding area, in harmony with the character of the NEIGHBORHOOD and the immediate area. An application for any zoning permit for a second SINGLE FAMILY DWELLING shall include the following: A. Application form, which shall include parcel number(s) of the subject property; property acreage: d applicant, if different from the he owner of the property, an authorization letter signed by the property owner shall be included. B. A copy of a deed or legal instrument identifying the applicant's interest in the property. Statement/Delegation of Authority documentation. D. Trustee documents if the owner is a Trust. property under consideration. to show: 1. The proposed location of the second SINGLE FAMILY DWELLING, including distances from tie LOT ines anc ()tier STRUCTURES on tie property. 2. Access to the second SINGLE FAMILY DWELLING, indicating whether the access is existing possible. Existing accesses shall be preferred. 3. Location and measurements of ar Number and -length of road frontages. ;50) feet or other suitable scale -----Location of initial and -re Treatment Systems. G. Evidence that a water supply -of -9 =or eaci S NG_E =AV _Y DW-I L NG. A letter, permit, or bill from a water district, municipality -O -F the Division of Water Resources are examples of evidence. FtY H. Evidence that- will be available for each SINGLE- FAMILY DWELLING in compliance with the req-ui-rements of the Department of Public Health and Environment. 1. Application fees. surrounding property owners within five hundred (500) feet of the property. The buffer report shall expire thirty (30) days from preparation. Sec. 23 4 630. Procedure. A. The Board of County Commi Zoning Permit for a second SINGLE FAMILY DWELLING on a LEGAL LOT in the A (Agricultural) Zone District, which process, to the Department of Planning Services upon a determination by the Department that: rfi 1. The application is in compliance with the criteria identified in Section 23 4 600. 2. The Department of Planning Services has sent notice to and received signed response from no more than thirty percent (30%) of surrounding property owners within five hundred (500) feet of the subject property in opposition to the location of the second SINGLE FAMILY B. Should the application not meet one or more of the criteria listed in Section 23 4 630.A, the Board of -County and the meeting date to those persons li-sted in the application as owners of property located within five hundred (500} feet of the parcel under consideration. Such notification shall be :e owners. Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sencing suc- notice s is not create a jurisoictiona cefect in he permit process, even if suc question indicating that a second SINGLE FAMILY DWELLING has been requested for the y be obtained. The sign shall be posted at least ten (10) days prior to the meeting date and evidenced with a photograph. in Section 23 4 600. Division 16 - Cargo Containers 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 Chapter 29 and Article XI of this Chapter, Chapter 29 of this Code, and the following provisions: apply: located, [Remainder of Section — No change] APPENDIX 23-B NUMBER OF OFF-STREET PARKING SPACES REQUIRED Use Number of Spaces DWELLING UNITS, DUPLEX 2 for each LIVING DWELLING UNIT DWELLING UNITS, MULTI- 2 for each LIVING DWELLING UNIT FAMILY DWELLING UNITS, SINGLE- 2 for each LIVING DWELLING UNIT FAMILY DWELLING UNITS, TRIPLEX 2 for each LIVING UNIT [Remainder of Section — No change] ATTENDANCE RECORD ' NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL John Doe 123 Nowhere Street, City, State, Zip 8 LIIbatJ Gr-Geciej41Q. gbe rth 42)airst r+ct-- z.... a4✓Q. al ienn&er 3ctnto4 Seitzec 33caL{ t WctZ 83 er-►cic\sdalt, 8'�t l Ni 6^4..4.,‘ L.S4_13are t set i e az ci u, (irpese.j, "b/ i(04 � o 0v- 1`./G A A- N S -r' 4 Ye> e e �-�- aO431 l T� Ava zon,44 d e-st- nA1' a/V 3acesa,(,),<3 sar, 78Xer4 Scffgo,,cl&t ev„ E a4‘ Sr 6L�EiCy G'rJ noel ,______5hei GL-V-A1WWWLeen, / i 7 7 S-E.,ti---i- f-4 bk bu. or g Afri....r......„ 3cqc'wt e lit c► 9 a".A.sr A 4 an // Peakk-- crof-fr 100 gerytt ti r r ot--?P-ot r e• ii423 S- 6ratekt4 0-und i1/4c:a an 414- Cv V0G 3/ rtilli , se tA AeD go/ad / rkie/Q41 A Icy ie, vif i • • •/ IL 1 107 Les -5-f— /2 sr al kVA&t1ck�! /023 2a 5/- g Do 0 *7 d o/d 1.40'81 oIA Sckit co 1?)041-tS RaruJt c)? �voa(-C Ill-( 6(�� G"tekt-41 Co konii bcLoteie & cfZ(c.,,,).coyt-+ 5t (Aft& kl)Lki amid.i. Qom 4- th5-o t/ ) Z6UJ9 CA\ Av, \'e_f `mac lagi --61z2...._ 1 11i a rP t--1 Qs r" r EAT r.e 9 1 � 5411114 f t r S E'_ ZO n- ne 770 ) , MEMORANDUM TO: BOARD OF COUNTY COMMISSIONERS FROM: JIM FLESHER, LONG-RANGE PLANNER MAXWELL NADER, PLANNING MANAGER ELIZABETH RELFORD, DIRECTOR OF PLANNING SERVICES DATE: APRIL 22, 2024 RE: ORD2024-04, CHAPTER 23, ACCESSORY DWELLING UNITS AND CHANGES TO R-1 ZONE DISTRICT REGULATIONS (FIRST READING) This ordinance would replace "auxiliary quarters and "second single-family homes" with the term "accessory dwelling units" (ADUs), which would not require a zoning permit or USR, but would be allowed by building permit in the A (Agricultural), E (Estate), R-1 (Single -Family Residential), R-2 (Duplex Residential), and R-5 (Manufactured Home Residential) zone districts, as long as it complies with the revised regulations in Section 23-4-600 of the County Code. The ordinance also eliminates the current limit on the number of unrelated occupants within a dwelling unit. With this change, the definitions of "family", "foster care home", and "living unit" are unnecessary. For example, a foster care home would be no different from any other home. Current code limits a dwelling unit to one living unit, which is defined as a family plus up to three additional individuals. Staff is unable to determine when the last time this provision was enforced, which would require verifying if people living together are related by blood, marriage, or adoption. Other changes to definitions in Section 23-1-90 include eliminating the prohibitions on duplexes and multi -family residences from being manufactured in a factory and transported to the site the way single-family manufactured homes are allowed to be, and changes to "noncommercial junkyard" and "screened". The other provisions of this ordinance are particular to the R-1 zone district and include the following: 1. Allowing one cargo container per lot as long as it is screened by a fence from adjacent properties and public rights -of -way. 2. Allowing property owners to store belongings outdoors (noncommercial junkyard), as long as they are screened. 3. Allowing the lot to have more than the number of animal units allowed by right, if a use by special review is approved. Based on comments from the Weld County Planning Commission, staff proposes changing Section 23-4-600.J of the ordinance to read: J. Where an ADU is allowed to be served by an on -site wastewater treatment system (0WTS), a new septic permit may be required, in accordance with Section 30-4-140 of this Code. Page 1 Please refer to the attached ordinance for more details Planning Commission recommended approval at its April 2, 2024, hearing Please refer to the draft minutes in your materials Staff recommends approval with the change mentioned above Page 2 Cheryl Hoffman From: Sent: To: Cc: Subject: Attachments: Follow Up Flag: Flag Status: Jim Flesher Tuesday, April 9, 2024 2:49 PM CTB Maxwell Nader; Kristine Ranslem Ordinance 2024-04 BOCC Ord24-04 memo.docx; Ord24-04 - Amd to -600.J after PC.docx Follow up Flagged Hi, please see attached for the 4/22 first reading. We will be asking the BOCC for a small change to the ordinance. Let me know if you need anything else. Thanks, Jim Flesher, AICP Long -Range Planner Weld County Planning Services 1402 N. 17th Ave. Greeley, CO 80631 Phone: 970-400-3552 www.weld.gov 1 Sec. 23-4-600. Requirements for a second single-family dwelling an Accessory Dwelling Unit. Where a second SINGLE-FAMILY DWELLING 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: J. Mar 4F.LL:1111atir.." 11.1-MILOST, Where a LOT is not served by PUBLIC SEWER, a new septic permit may be required, in accordance with Section 30-4-140 of this Code. WELD COUNTY PLANNING & ZONING DEPARTMENT Ord1nance2024 04 (Accessory Dwelling Units and R-1 zone district changes) Maxwell Nader, Planning Manager Elizabeth Relford, Interim Planning Director WELD COUNTY GOVERNMENT www.weld.gov WELD COUNTY PLANNING & ZONING DEPARTMENT Purpose of Ord2024 04 • Revises several sections of Chapter 23, Zoning, of the Weld County Code. • Certain changes are minor clean-up items. • Brings code into compliance with HB24-1007 (residential occupancy limits) and HB24-1152 (ADUs). • Urban/Rural transition zone • Assists in streamlining certain processes. WELD COUNTY GOVERNMENT www.weld.gov WELD COUNTY PLANNING & ZONING DEPARTMENT Definitions — (Section 23-1-90) • Removes "auxiliary quarters". These would fall under "accessory dwelling units" (ADUs). • Revises "dwelling, duplex" and "dwelling, multi -family" to allow these dwellings to be premanufactured in a factory (same as single-family) and removes the limit of being occupied by one "living unit". • Revises "dwelling, single-family" to simply a building containing one dwelling unit. • Revises "dwelling unit" to match H624-1152. WELD COUNTY GOVERNMENT �'�J www.weld.gov WELD COUNTY PLANNING & ZONING DEPARTMENT Definitions — (Section 23-1-90) • Removes "family", "foster care home", and "living unit". Removing these would remove the limit on the number of unrelated residents in a dwelling unit, in compliance with HB24-1007. • Updates "noncommercial junkyard" to clarify the screening requirement. • Revises "screening" to remove the sentence about preapproval of a screening plan by the Planning Department prior to installation. WELD COUNTY GOVERNMENT www.weld.gov WELD COUNTY PLANNING & ZONING DEPARTMENT Agricultural zones (Article III, Division 1) • Replaces "auxiliary quarters" and "second single-family dwellings" with Accessory Dwelling Units (ADUs). • Update noncommercial junkyard provisions and remove requirement for preapproval of screening. WELD COUNTY GOVERNMENT www.weld.gov WELD COUNTY PLANNING & ZONING DEPARTMENT Estate zone (Article III, Division 5) • Allow one Accessory Dwelling Unit (ADU) per lot. WELD COUNTY GOVERNMENT www.weld.gov WELD COUNTY PLANNING & ZONING DEPARTMENT Residential zones (Article III, Division 2) • Clean-up in Section 23-3-100. • Allow one cargo container on R-1 properties, as long as they're screened. • Allow noncommercial junkyards on R-1 properties, as long as they're screened. • Allow one ADU on R-1, R-2, and R-5 properties, as long as they're accessory to a single-family home (not a duplex). • Allow, by Use by Special Review (if approved), more than the number of animal units allowed in Section 23-3-160.H.1. (Does not apply to household pets.) WELD COUNTY GOVERNMENT www.weld.gov WELD COUNTY PLANNING & ZONING DEPARTMENT Residential zones (Article III, Division 2) Animals Cattle Horse Swine Llama Alpaca Sheep Goat Poultry Rabbit Animal Unit Equivalents 1 1 1 . 5 . 5 . 2 . 2 . 02 . 02 Number of Animals Equivalent to One Animal Unit 1 1 1 2 2 5 5 50 50 Maximum Number Per Lot 2 2 1 4 4 10 10 100 100 WELD COUNTY GOVERNMENT www.weld.gov WELD COUNTY PLANNING & ZONING DEPARTMENT Residential zones (Article III, Division 2) Current Uses by Right • Fishing and noncommercial water skiing. • Gardening. • One (1) noncommercial tower up to forty (40) feet in height per legal lot. (see section 23-4-895.) • Public parks. • Public schools. • One (1) single-family dwelling, foster care home, or group home facility per legal lot. • Utility service facilities. WELD COUNTY GOVERNMENT www.weld.gov WELD COUNTY PLANNING & ZONING DEPARTMENT Residential zones (Article III, Division 2) Current Accessory Uses • Parking areas and parking structures, not including parking of commercial vehicles. • Structures and buildings accessory to uses permitted under Section 23-3-110.B, not including cargo containers. • Swimming pools, tennis courts and similar accessory uses and structures. • Wind generators allowed as accessory uses in Section 23-4-450 of this Chapter. Proposed additional Accessory Uses • 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. • 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. • Noncommercial junkyard, as long as it is screened from all adjacent properties and public rights -of -way. WELD COUNTY GOVERNMENT www.weld.gov WELD COUNTY PLANNING & ZONING DEPARTMENT Residential zones (Article III, Division 2) Current Use by Special Review Uses • Structures exceeding maximum lot coverage. • Bed and Breakfast facilities. • Cemeteries. • Child care centers. • hospitals, nursing homes, rehabilitation centers. • Pipelines - domestic water in accordance with division 6 of article ii of this chapter. • Residential Therapeutic Centers. • Any use listed in subsection c above, in conjunction with a pending or approved use by special review permit. • Uses similar to the uses listed as permitted as long as the use complies with the general intent of the zone district. • Wind generators requiring the issuance of special review permit under division 6 of article iv of this chapter. Proposed additional Use by Special Review Uses • More than the number of animal units allowed by Section 23-3-160.H.1 of this Division 2. C. O U Y WELD COUNTY GOVERNMENT www.weld.gov WELD COUNTY PLANNING & ZONING DEPARTMENT Accessory Dwelling Unit (ADU) regulations (Section 23-4-600) • The new term "accessory dwelling unit" (ADU) would replace "auxiliary quarters" and "second single-family homes". • This new term and "use" would not require a zoning permit or USR, but would be considered a use by right, with certain standards, and would only require a building permit in the A (Agricultural), E (Estate), R-1 (Single -Family Residential), R-2 (Duplex Residential), and R-5 (Manufactured Home Residential) zone districts. CO WELD COUNTY GOVERNMENT www.weld.gov WELD COUNTY PLANNING & ZONING DEPARTMENT Accessory Dwelling Unit (ADU) regulations (Section 23-4-600) • May be attached to, detached from, or within existing dwelling. • Must be a legal lot. • Must meet setbacks, etc. • Must meet building codes. • Must use existing driveway. • In Residential zones, must have public water and public sewer. • In the Agricultural zone, must meet lot size minimum: 2.5 acres with well water or 1 acre with public water. • On Agricultural and Estate lots served by a septic system, a new septic permit may be required. WELD COUNTY GOVERNMENT www.weld.gov WELD COUNTY PLANNING & ZONING DEPARTMENT Ord2024 04 adoption process: • Three readings (public hearings) at regular Board of County Commissioners (BOCC) meetings. All at 9:00 a.m. located at 1150 O Street, Greeley. • First reading: April 22, 2024 • Second reading: May 15, 2024 • Third reading: June 3, 2024 • The BOCC may revise the ordinance at any of these readings, or not adopt it. Hearing dates are subject to change. WELD COUNTY GOVERNMENT www.weld.gov WELD COUNTY PLANNING & ZONING DEPARTMENT Ord2024 04 Helpful Information • Helpful webpage links: • https://www.weld.gov/Government/Departments/Planning-and- Zoning/Current-and-Long-Range-Planning • https://www.weld.gov/Legal-and-Public-Notces • https://www.weId.gov/Government/Departments/Commssjoners WELD COUNTY GOVERNMENT www.weld.gov WELD COUNTY PLANNING & ZONING DEPARTMENT Purpose - Recommendation • Purpose of 0RD2024-04 • Revises several sections of Chapter 23, Zoning, of the Weld County Code. • Certain changes are minor clean-up items. • Brings code into compliance with HB24-1007 (residential occupancy limits) and HB24-1152 (ADUs). • Urban/Rural transition zone • Assists in streamlining certain processes. WELD COUNTY GOVERNMENT www.weld.gov WELD COUNTY PLANNING & ZONING DEPARTMENT Recommendation • Planning Commission recommended the Board of County Commissioners approve ORD2O24-O4. • Staff is recommending a clean up item suggested by Planning Commission: Sec. 23-4-600. Requirements for a second single-family dwelling an Accessory Dwelling Unit. Where a second SINGLE FAMILY DWELLING 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: J. Where an ADU is allowed to be served by an on -site wastewater treatment system (OWTS)Where a LOT is not served by PUBLIC SEWER, a new septic permit may be required, in accordance with Section 30-4-140 of this Code. WELD COUNTY GOVERNMENT www.weld.gov Public meeting regarding changes to R-1 zone district regulations Weld County is considering changes to its regulations for the R-1, Single -Family Residential, zone district, as well as changes that would a low Accessory Dwelling Units (ADUs) in certain Residential zone districts (R-1, R-2, and R-5) and the E (Estate) zone district. In the A (Agricultural) zone, ADUs would take the place of Auxiliary Quarters and Second Single -Family Homes. Please visit https://www.weld.gov/ Government/Departments/Planning-and-Zoning/Current-and- Long-Range-Planning for more irformation. This is a courtesy notice to inform you an ordinance with these changes will be presented to the Weld County Planning Commission for recommendatioi at its regular meeting on April 2, 2024, at 1:30 pm. The Board of County Commissioners will consider the ordinance at the first of three readings on April 22, 2024, at 9:00 am. All of these meetings are open to the public and will be held at the Weld County Administration Building at 1150 O Street in Greeley. See other side for map. Public meeting regarding changes to R-1 zone district regulations Weld County is considering changes to its regulations for the R-1, Single -Family Residential, zcne district, as well as changes that would allow Accessory Dwelling Units (ADUs) in certain Residential zone districts (R-1, R-2, and R-5) and the E (Estate) zone district. In the A (Agricultural) zone, ADUs would take the place of Auxiliary Quarters and Second Single -Family Homes. Please visit https://www.weld.gov/ Government/Departments/Planring-and-Zoning/Current-and- Long-Range-Planning for more information. This is a courtesy notice to inform you an ordinance with these changes will be presented tc the Weld County Planning Commission for recommendation at its regular meeting on April 2, 2024, at 1:30 pm. The Board of County Commissioners will consider the ordinance at the first of three readings on April 22, 2024, at 9:00 am. All of these meetings are open to the public and will be held at the Weld County Administration Building at 1150 O Street in Greeley. See other side for map. Reunion publica sobre los cambios en las regulaciones del distrito de la zona R-1 El Condado de Weld esta considerando cambios en sus regu- laciones para el distrito de zona R-1 ("Single -Family Residen- tial") asi como cambios que permitirian Accesorios a Uni- dades de Vivienda (ADU) en ciertos distritos de zonas resi- denciales (R-1, R-2 y R-5) y el distrito de la zona E ("Estate"). En la zona A ("Agricultural"), las ADU ocuparian el lugar de los Cuartos Auxiliares y las Segundas Viviendas Unifamiliares. Visite https://www.weld.gov/Government/Departments/ Planning-and-Zoning/Current-and-Long-Range-Planning para obtener mas information. Este es un aviso de cortesia para informarle que se presenta- ra una ordenanza para recomendar estos cambios a la Comision de Planificacion del Condado de Weld en su re- union ordinaria del 2 de abril de 2024 a la 1:30 pm. La Junta de Comisionados del Condado considerara la ordenanza en la primera de tres lecturas el 22 de abril de 2024 a las 9:00 am. Todas estas reuniones estan abiertas al public() y se Ilevaran a cabo en el Edificio de Administracion del Condado de Weld en 1150 O Street en Greeley. Ver el otro lado •ara mapa. Reunion publica sobre los c regulaciones del distrito de la zona R-1 El Condado de Weld esta considerando cambios en sus regu- laciones para el distrito de zona R-1 ("Single -Family Residen- tial") asi como cambios que permitirian Accesorios a Uni- dades de Vivienda (ADU) en ciertos distritos de zonas resi- denciales (R-1, R-2 y R-5) y el distrito de la zona E ("Estate"). En la zona A ("Agricultural"), las ADU ocuparian el lugar de los Cuartos Auxiliares y las Segundas Viviendas Unifamiliares. Visite https://www.weld.gov/Government/Departments/ Planning-and-Zoning/Current-and-Long-Range-Planning para o btener mas information. Este es un aviso de cortesia para informarle que se presenta- ra una ordenanza para recomendar estos cambios a la Comision de Planificacion del Condado de Weld en su re- u nion ordinaria del 2 de abril de 2024 a la 1:30 pm. La Junta de Comisionados del Condado considerara la ordenanza en la primera de tres lecturas el 22 de abril de 2024 a las 9:00 am. Todas estas reuniones estan abiertas al publico y se Ilevaran a cabo en el Edificio de Administration del Condado de Weld e n 1150 O Street en Greeley. Ver el otro lado para ver el mapa. Meeting information Weld County Planning Commission April 2, 2024, 1 30 pm Weld County Administration Building, Events Room 1150 O Street, Greeley (See map below ) Website https //www weld gov/Government/Departments/Planning-and- Zoning/Current-and-Long-Range-Planning Telephone 970-400-6100 Meeting information Weld County Planning Commission April 2, 2024, 1 30 pm Weld County Administration Building, Events Room 1150 O Street, Greeley (See map below ) Website https //www weld gov/Government/Departments/Planning-and- Zoning/Current-and-Long-Range-Planning Telephone 970-400-6100 --(1--- Weld County Planning Services 1402 N 17th Ave P O Box 758 Greeley, CO 80632 Weld County Planning Services 1402 N 17th Ave P O Box 758 Greeley, CO 80632 Before the Weld County, Colorado, Planning Commission Resolution of Recommendation to the Board of County Commission Moved by Virginia Guderjahn, that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: Case Number: Presented by: Request: Revised Ordinance 2024-04 Maxwell Nader/Elizabeth Relford In the Matter of Repealing and Reenacting with Amendments, Chapter 23 Zoning of the Weld County Code (Accessory Dwelling Units and R-1 Revisions). be recommended favorably to the Board of County Commissioners for the following reasons: 1. Section 23-2-120.8.1 — That the existing text is in need of revision, as proposed. The proposed changes are part of a review of the County Code to update it in relationship to other regulatory documents and to maintain its overall functionality. Several of the items proposed for revision come from recommendations made by the public and landowners, or as the result of observations made by the County Commissioners, Planning Commission, or County Staff during the processing of land use cases. 2. Section 23-2-120.8.2 — That the proposed amendment will be consistent with the future goals and needs of the County as set out in Chapter 22 and any other applicable code provision or ordinance in effect. Fundamentally, the proposed revisions are consistent with County goals that support agricultural and mixed land uses, promote flexibility and predictability in land use matters, and ensure fairness and consistency in processing requirements. 3. Section 23-2-120.8.3 — That the proposed amendment will be consistent with the overall intent of this Chapter. The intent of Chapter 23, as defined by Section 23-1-40, is to provide a unified regulatory system for land use within the County and to promote the health, safety, convenience, morals, order, and welfare of present and future inhabitants of the County. Motion seconded by Barney Hammond. VOTE: For Passage Elijah Hatch Pamela Edens Michael Palizzi Virginia Guderjahn Barney Hammond Against Passage Absent Skip Holland Butch White Michael Wailes The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. Certification of Copy I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on May 7, 2024. Dated the 7th of May, 2024 Kristine Ranslem Secretary Article I - General Provisions 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: AUXILIARY QUARTERS: One (1) 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 LY. All AUXILIARY QUARTERS shall comply with the a. The GROSS FLOOR AREA of the SINGLE-FAMILY DWELLING shall be no less than one thousand six hundred (1,600) square feet in size. The minimum GROSS FLOOR AREA of the AUXILIARY QUARTERS shall be no less than ARY QUARTERS shall not exceed fifty percent (50%) of the remaining GROSS FLOOR AREA of the SINGLE-FAMILY DWELLING. c. The AUXILIARY QUARTERS and the SINGLE-FAMILY DWELLING shall be attached by common roof and foundation. DWELLING, DUPLEX: A BUILDING, other than a MANUFACTURED HOME, containing two (2) DWELLING UNITS each occupied by not more than one (1) LIVING UNIT. DWELLING, MULTI -FAMILY: A BUILDING other than a MANUFACTURED HOME, containing three (3) or more DWELLING UNITS. each occupied by not more than one (1 } LIVING UNIT. DWELLING, SINGLE-FAMILY. A DWELLING UNIT arranged, designed and intended to be occupied by not more than one (1) LIVING UNIT. 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 sleeping. One (1) or more interconnected rooms which are arranged, designed, used or intended for USE as a complete independent living facility for one (1) LIVING UNIT. The term DWELLING UNIT does not include HOTELS, MOTELS, RECREATIONAL VEHICLES or other places or accommodations when used for transient occupancy. FAMILY: An individual, or a group of two (2) or more individuals related by blood, marriage or adoption, living together. (See also LIVING UNIT) FOSTER CARE HOME: A home certified by the County or a ch-ild placement agency for child care in the residence -of a person or FAMILY for the purpose of providing twenty -four-hour care for one (1) or more Section 26-2-102(21) LIVING UNIT: One (1) FAMILY plus up to three {3) individuals whose place of residence is with the FAMILY in the DWELLING 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. the Zone district allows. the NONCOMMERCIAL JUNKYARD Where NONCOMMERCIAL JUNKYARDS are allowed by Article III of this shall be tota-IIyENCLOS-ED within a BUILDING or STRUCTURE or 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. Chapter, they OIL AND GAS SUPPORT AND SERVICE: Establishments principally engaged in serving the oil and gas industry, including but not limited to: a. Class I or !I Underground Injection Control (UKIC) wells, as defined by the US Environmental Protection Agency, b. Natural gas compressor stations, c. Natural gas processing facilities, including liquification (LNG) facilities, d. Oil and gas company OFFICES, e. OUTDOOR STORAGE yards for oil and gas equipment, including pipe laydown yards and parking/storage of drilling rigs; etc., f Trucking companies principally engaged in the hauling of drilling rigs, oil and gas, pipe for use in drilling, water, etc. OIL AND GAS SUPPORT AND SERVICE excludes the following: a. Manufacturing and HEAVY MANUFACTURING, including pipe manufacturers, b. OIL AND GAS FACILITIES, c. OIL AND GAS STORAGE FACILITIES, d. PETROLEUM REFINERIES and coal gasification facilities, e. Pipelines and appurtenant facilities transporting petroleum products, f. TRANSLOADING, g. UTILITY SERVICE FACILITIES. SCREENED: Construction and maintenance of fences, earth berms or the USE of LANDSCAPING materials or other materials USED 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 USES. A SCREENING PLAN shall [All other definitions remain unchanged] ARTICLE III - Zone Districts Division 1 - A (Agricultural) Zone District 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. [A. through J. — No change] K. One (1) SINGLE-FAMILY DWELLING, FOSTER CARE HOME. or GROUP HOME per LEGAL LOT. [L. through M. — No change] 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] 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. OD. NONCOMMERCIAL JUNKYARD, as long as it is ENCLOSED within a BUILDING or STRUCTURE of SCREENED from all ADJACENT properties and PUBLIC RIGHTS -OF -WAY in conformance wit wed by the Department of Planning Services. [Reletter Remaining Section] 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 Sery ces or Department of Public Health and Environment, as applicable. [A. through C. — No Change] Department of Planning Se 90 of this Code. [E. through R. — Retter] S. One (1) second SINGLE FAMILY -DWELLING per LEGAL LOT, subject to the provisions of Division 8 of Article IV of this Chapter. [T. through Y. — Reletter] 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: [A. through H. — No change] I. One (1) SINGLE-FAMILY DWELLING. FOSTER CARE HOME. or GROUP HOME per LEGAL LOT. [J. through L. — No change] 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. and B. — No Change] 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. CD. NONCOMMERCIAL JUNKYARD, as long as it is ENCLOSED within a RUI-LDIN-G or STRUCTURE of SCREENED from all ADJACENT properties and PUBLIC RIGHTS -OF -WAY in conformance [Reletter Remaining Section] 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] B. AUXILI-ARY QUARTERS, which shall rec}u+re approval of a certificate of compliance by the 90 of this Code. [Reletter Remaining Section] 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. through S. — No change] 1. One (1) second SINGLE-FAMILY DWELLING per LEGAL LOT, subject to the provisions of Division 8 of Article IV of this Chapter. [Reletter Remaining Section] 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. through DD. — No change] per LEGAL LOT, subject to the 8 of Article IV -of this Chapter. [Reletter Remaining Section] Division 2 - Residential Zone Districts 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 th Boundaries, Ur , areas where adequate services and infrastructure are currently available or reasonably obtainable. 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 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. Through 5. — No change] 6. One (1) SINGLE-FAMILY DWELLING FOSTER CARE HOME, or GROUP HOME FACILITY per LEGAL LOT. [7. — No change] [C. — No change] 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: 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. [Reletter 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. 1. More than the number of ANIMAL UNITS allowed by Section 23-3-160.H.1 of this Division 2. [Renumber subsequent items] 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. through 5. — No change] 6. One (1) SINGLE-FAMILY DWELLING.. DUPLEX DWELLING, FOSTER CARE HOME, or GROUP HOME FACILITY per LEGAL LOT. [7. — No Change] [C. — No Change] 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: 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] 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. — through 2. — No change] FOSTER CARE HOMES. [Renumber subsequent items] [Remainder of Section — No change] 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. Through 2. — No change] [Renumber subsequent items] [Remainder of Section — No change] Sec. 23-3-150. R-5 (Manufactured Home 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 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. Through 5. — No change] 6. One (1) SINGLE-FAMILY DWELLING, DUPLEX DWELLING, FOSTER CARE HOME, 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: 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) 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. through E. — No change] F. One (1) SINGLE-FAMILY DWELLING, FOSTER CARE HOME, or GROUP HOME FACILITY per LEGAL LOT. [Remainder of Section — No Change] 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] 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] 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. A. AUXILIARY QUARTERS, which shall require approval of a certificate of compliance by the Department of Planning- Services to ensure the USE complies with the definition in Section 23-1- 90 of this Code. [Remainder of Section — No change] ARTICLE IV - Supplementary District Regulations and Zoning Permits Division 8 - Accessory Dwelling Units Sec. 23-4-600. Requirements for a -s an Accessory Dwelling Unit. Where a second SINGLE-FAMILY DWELLING 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 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. I. 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 system (OWTS), a new septic permit may be required, in accordance with Section 30-4-140 of this code. half (2.5) acres with well water. B. The second SINGLE-FAMILY DWELLING shall have a permanent, engineered foundation. C. Where Article III of this Chapter requires issuance of a zoning permit for a second SINGLE-FAMILY DWELLING, the process describes in -iis Division sia be :o owec. Where Aric e o- its Review for a second SINGLE-FAMILY DWELLING, be issued for each LEGAL LOT, where permitted. SINGLE-FAMILY DWELLINGS. F. Th with the character of the NEIGHBORHOOD and the immediate area. Sec. 23-4-610. Submittal requirements. An application for any zoning permit for a second SINGLE-FAMILY DWELLING shall include the following: A. Application form, which shall include parcel number(s) of the subject property; property acreage; name, address and telephone number of the property owner and applicant, if different from the , an authorization letter signed by the property owner shall be included. B. A copy of a C. Articles of Organization or the applicant's interest in the property. D. Trustee documents if the owner is a Trust. is if the owner is -a business entity. Include property under consideration: F. A sketch plan of the site at the scale of one (1) inch represents fifty (50) feet or other suitable scale to show: 1. The proposed location of the second SINGLE FAMILY DWELLING, including distances from the LOT lines and other STRUCTURES on the property. 2. Access to the second SINGLE-FAMILY DWELLING, indicating whether the or proposed. Access shall be shown on the sketch plan and shall be shared to the extent esses shall be preferred. 3. Location and measurements of any ea0eme /I. Number and length of road frontages. ral STREETS/ROADS or highways. Treatment Systems. s or will be available for each SINGLE-FAMILY DWELLING. A letter, permit, or bill from a water district, municipality, or the Division of Water Resources are examples of evidence. s or wi be ava ab e or eac 1 S NG E - Environment. I. Application fees. J. A signed buffer report and affidavit of the names. addresses, and parcel numbers of the expire thirty (30) days from preparation. Sec. 23-4-630. Procedure. SINGLE-FAMILY DWELLING on a LEGAL LOT in the A (Agricultural) Zone District, which otherwise requires the approval of the Board of County Commissioners through a public hearing process, to the Department of Planning Services upon a determination by the Department that: 1 . The application is in compliance with the criteria identified in Section 23-4-600. no more than thirty percent (30%) of surrounding property owners within five hundred (500) feet of the subject property 1n apposition to the location of the second SINGLE-FAMILY Fisted in Section 23-4-630.A, the Board ation at a regularly scheduled meeting. within five riuncreG (500) feet of tie parce Lnce-r consideration. Suc-i notification s 1a be mailed, first class, not less than ten (10) days before the scheduled meeting. Such notice is not Inadvertent errors by the list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permit process, even if such error results in the failure of a surr property owner to receive such notification. question indi•ca-ting that a second SINGLE-FAMILY DWELLING has been requested for the property, the meeting date and telephone number where further information may be obtained. The sign shall be posted at least ten (10 photograph. in Section 23-4 600. Division 16 - Cargo Containers 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 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, Chapter 29 and Article XI of this Chapter, Chapter 29 of this Code, and the following provisions: The following conditions shall apply: [Remainder of Section — No change] APPENDIX 23-B NUMBER OF OFF-STREET PARKING SPACES REQUIRED Use Number of Spaces DWELLING UNITS, DUPLEX 2 for each LIVING DWELLING UNIT DWELLING FAMILY UNITS, MULTI- 2 for each LIVING DWELLING UNIT DWELLING UNITS, SINGLE- 2 for each LIVING DWELLING UNIT FAMILY DWELLING UNITS, TRIPLEX 2 for each LIVING UNIT [Remainder of Section — No change] Ord2024-04 — Chat messages re Revised Ord — 5/2/24 [9 27 AM] Kristine Ranslem ,p44A/,,i-} so to follow up from our phone conversation this morning - we will be adding the Revised Ordinance 2024-04 to the PC Agenda for Tuesday, May 7th I haven't received the changes yet, but I understand it is just 2 words like we mentioned and shouldn't be a problem getting the final revised ordinance resolution to you by the end of next week [9 55 AM] Cheryl Hoffman Thank you, Kris Got it, Cheryl Hoffman From: Sent: To: Cc: Subject: Follow Up Flag: Flag Status: Hi Ords Team, Esther Gesick Wednesday, May 1, 2024 10'40 AM Cheryl Hoffman; Jessica Reid; Chloe White Esther Gesick; Jason Maxey FW: Ch. 23 code changes Follow up Flagged Just an FYI of a behind -the -scenes conversation as a heads up that the small Chapter 23 change related to OGED Chapter 21 will be tacked in with the currently running Ord #2024-04 (Chapter 23 Ordinance). Anticipate a proposed change from Max/Jim for the 5/15 Second Reading. Thanks, Esther E. Gesick Clerk to the Board 1150 O Street/ P.O. Box 758/ Greeley, CO 80632 tel: (970) 400-4226 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Jason Maxey <jmaxey@weld.gov> Sent: Tuesday, April 30, 2024 4:14 PM To: Esther Gesick <egesick@weld.gov> Subject: FW: Ch. 23 code changes Fsther — FYI below per our discussion! Thank you, Jason S. Maxey Director Oil & Gas Energy Department jrnaxeyweld.gov 970-400-3579 From: Jason Maxey Sent: Tuesday, April 30, 2024 10:42 AM To: Elizabeth Relford <erelford@weld.gov>; Maxwell Nader <mnader@weld.gov>; Jim Flesher <flesher@weld.gov> Cc: Bruce Barker <bbarker@weld.gov> Subject: Ch. 23 code changes 1 All, I took the code discussion off line with Bruce — didn't want to clutter email inboxes. I wanted you to see our Teams discussion, so that you knew it isn't just me who is saying this. The small deletion under the definition of Oil & Gas Support & Service (delete "or II") can be incorporated into your existing Ch. 23 code changes that are already working their way through the process. Bruce thought 2nd reading was coming up mid - May sometime, and this change can be incorporated at 2nd reading. [10:17 AM] Jason Maxey That code reference is 23-1-90, under the definitions. [10:19 AM] Bruce Barker Excellent. Thanks. We will have the BOCC add on 2nd reading. [10:21 AM] Jason Maxey Ahhh...so we could have PC look at it June 4th as Elizabeth said, but then run that small deletion with the BOCC under the Ch. 21 changes on June 10th at my 2nd reading? If so, I like that, and think it woudl work well! [10:25 AM] Bruce Barker No. The BOCC Chapter 23 changes 2nd reading was what I was thinking about. First reading on that was last Wednesday (?) and 2nd reading will be maybe May 15th? [10:29 AM] Jason Maxey Oh, even better. So deletion of those two words can be incorporated at the Ch. 23 2nd. reading on May 15th. [10:30 AM] Bruce Barker I think that is the date, but not sure. I will confirm and let you know. [10:30 AM] Jason Maxey Sounds good - I can work with Max and Jim to make sure that small change is incorporated for their next reading. [10:32 AM] Bruce Barker Excellent. Thanks. Thank you, Jason S. Maxey Director Oil & Gas Energy Department maxey@weld.gov 970-400-3579 2 MEMORANDUM TO: FROM DATE: RE: BOARD OF COUNTY COMMISSIONERS MAXWELL NADER, PLANNING MANAGER MAY 15, 2024 ORD2024-04, CHAPTER 23, ACCESSORY DWELLING UNITS AND CHANGES TO R-1 ZONE DISTRICT REGULATIONS, SECOND READING The Board of County Commissioners approved this ordinance on first reading on April 22, 2024. On April 29, 2024, the Board held a worksession regarding changes to Article V of Chapter 21 for the County oil and gas regulations and it was decided to have the Oil and Gas Energy Department (OGED) process applications for Class II injection wells, as classified by the Environmental Protection Agency, so an amendment to this ordinance is included to remove these wells from the definition of "oil and gas support and service" in Chapter 23, which requires a Use by Special Review in the A (Agricultural) zone outside of subdivisions and townsites, and a Site Plan Review in 1-2 and 1-3 zones, and are not allowed in other zone districts. (They will be added to Article V, Chapter 21, to be processed by OGED as part of the 1041 WOGLA process by separate ordinance.) Class II wells are "used exclusively to inject fluids associated with oil and natural gas production", for example, to enhance recovery of hydrocarbons from the well. Please see https://www.epa.gov/uic/class-ii-oil-and-gas-related-injection-wells for more information. Class I wells will continue to be Oil and Gas Support and Service USRs under Chapter 23. These wells are "used to inject hazardous and non -hazardous wastes into deep, isolated rock formations." Staff recommends adoption of the ordinance on second reading. Staff has scheduled a worksession for May 22, 2024 which is prior to third reading to discuss other potential changes to the ordinance, including the ability to allow accessory dwelling units (ADUs) on some R-1 lots that don't have public sewer, and changing the definition of "gardening" to allow the use of tractors. Page 1 WELD COUNTY PLANNING & ZONING DEPARTMENT Ord1nance2024 04 (Accessory Dwelling Units and R-1 zone district changes) Maxwell Nader, Planning Manager Elizabeth Relford, Interim Planning Director WELD COUNTY GOVERNMENT www.weld.gov WELD COUNTY PLANNING & ZONING DEPARTMENT Purpose of Ord2024 04 • Revises several sections of Chapter 23, Zoning, of the Weld County Code. • Certain changes are minor clean-up items. • Brings code into compliance with HB24-1007 (residential occupancy limits) and HB24-1152 (ADUs). • Urban/Rural transition zone • Assists in streamlining certain processes. WELD COUNTY GOVERNMENT www.weld.gov WELD COUNTY PLANNING & ZONING DEPARTMENT Ord2024 04 adoption process: • Three readings (public hearings) at regular Board of County Commissioners (BOCC) meetings. All at 9:00 a.m. located at 1150 O Street, Greeley. • First reading: April 22, 2024 — BOCC approved • Second reading: May 15, 2024 • Third reading: June 3, 2024 • The BOCC may revise the ordinance at any of these readings, or not adopt it. Hearing dates are subject to change. WELD COUNTY GOVERNMENT www.weld.gov WELD COUNTY PLANNING & ZONING DEPARTMENT Recommendation • Board of County Commissioners approved first reading of ORD2024-04 on April 22, 2024. • Staff has the following recommendations for second reading of ORD2024-04: • Remove Class II injection wells from the definition of "oil and gas support and service" in Chapter 23, which requires a Use by Special Review in the A (Agricultural) zone outside of subdivisions and townsites, and a Site Plan Review in 1-2 and 1-3 zones and are not allowed in other zone districts. • Class II injection wells will be added to Article V, Chapter 21, to be processed by the Oil and Gas Energy Department as part of the 1041WOGLA process. • Staff has also scheduled a work session with the Board of County Commissioners on May 22, 2024, to discuss other potential changes to the ordinance, including the ability to allow accessory dwelling units (ADUs) on some R-1 lots that don't have public sewer, and changing the definition of "gardening" to allow the use of tractors. This is prior to third reading on June 3, 2024. WELD COUNTY GOVERNMENT www.weld.gov WELD COUNTY PLANNING & ZONING DEPARTMENT END WELD COUNTY GOVERNMENT www.weld.gov WELD COUNTY PLANNING & ZONING DEPARTMENT Definitions — (Section 23-1-90) • Removes "auxiliary quarters". These would fall under "accessory dwelling units" (ADUs). • Revises "dwelling, duplex" and "dwelling, multi -family" to allow these dwellings to be premanufactured in a factory (same as single-family) and removes the limit of being occupied by one "living unit". • Revises "dwelling, single-family" to simply a building containing one dwelling unit. • Revises "dwelling unit" to match HB24-1152. WELD COUNTY GOVERNMENT www.weld.gov WELD COUNTY PLANNING & ZONING DEPARTMENT Definitions — (Section 23-1-90) • Removes "family", "foster care home", and "living unit". Removing these would remove the limit on the number of unrelated residents in a dwelling unit, incompliance with HB24-1007. • Updates "noncommercial junkyard" to clarify the screening requirement. • Revises "screening" to remove the sentence about preapproval of a screening plan by the Planning Department prior to installation. WELD COUNTY GOVERNMENT www.weld.gov WELD COUNTY PLANNING & ZONING DEPARTMENT Agricultural zones (Article III, Division 1) • Replaces "auxiliary quarters" and "second single-family dwellings" with Accessory Dwelling Units (ADUs). • Update noncommercial junkyard provisions and remove requirement for preapproval of screening. WELD COUNTY GOVERNMENT www.weld.gov WELD COUNTY PLANNING & ZONING DEPARTMENT Estate zone (Article III, Division 5) • Allow one Accessory Dwelling Unit (ADU) per lot. WELD COUNTY GOVERNMENT www.weld.gov WELD COUNTY PLANNING & ZONING DEPARTMENT Residential zones (Article III, Division 2) • Clean-up in Section 23-3-100. • Allow one cargo container on R-1 properties, as long as they're screened. • Allow noncommercial junkyards on R-1 properties, as long as they're screened. • Allow one ADU on R-1, R-2, and R-5 properties, as long as they're accessory to a single-family home (not a duplex). • Allow, by Use by Special Review (if approved), more than the number of animal units allowed in Section 23-3-160.H.1. (Does not apply to household pets.) WELD COUNTY GOVERNMENT www.weld.gov WELD COUNTY PLANNING & ZONING DEPARTMENT Residential zones (Article III, Division 2) Animals Animal Unit Equivalents Cattle Horse Swine Llama Alpaca Sheep Goat Poultry Rabbit 1 1 5 . 5 2 . 2 . 02 . 02 Number of Animals Equivalent to One Animal Unit Maximum Number Per Lot 1 1 2 2 5 5 50 50 2 2 4 4 10 10 100 100 WELD COUNTY GOVERNMENT www.weld.gov WELD COUNTY PLANNING & ZONING DEPARTMENT Residential zones (Article III, Division 2) Current Uses by Right • Fishing and noncommercial water skiing. • Gardening. • One (1) noncommercial tower up to forty (40) feet in height per legal lot. (see section 23-4-895.) • Public parks. • Public schools. • One (1) single-family dwelling, foster care home, or group home facility per legal lot. • Utility service facilities. WELD COUNTY GOVERNMENT www.weld.gov WELD COUNTY PLANNING & ZONING DEPARTMENT Residential zones (Article III, Division 2) Current Accessory Uses • Parking areas and parking structures, not including parking of commercial vehicles. • Structures and buildings accessory to uses permitted under Section 23-3-110.B, not including cargo containers. • Swimming pools, tennis courts and similar accessory uses and structures. • Wind generators allowed as accessory uses in Section 23-4-450 of this Chapter. Proposed additional Accessory Uses • 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. • 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. • Noncommercial junkyard, as long as it is screened from all adjacent properties and public rights -of -way. WELD COUNTY GOVERNMENT www.weld.gov WELD COUNTY PLANNING & ZONING DEPARTMENT Residential zones (Article III, Division 2) Current Use by Special Review Uses • Structures exceeding maximum lot coverage. • Bed and Breakfast facilities. • Cemeteries. • Child care centers. • hospitals, nursing homes, rehabilitation centers. • Pipelines - domestic water in accordance with division 6 of article ii of this chapter. • Residential Therapeutic Centers. • Any use listed in subsection c above, in conjunction with a pending or approved use by special review permit. • Uses similar to the uses listed as permitted as long as the use complies with the general intent of the zone district. • Wind generators requiring the issuance of special review permit under division 6 of article iv of this chapter. Proposed additional Use by Special Review Uses • More than the number of animal units allowed by Section 23-3-160.H.1 of this Division 2. WELD COUNTY GOVERNMENT www.weld.gov WELD COUNTY PLANNING & ZONING DEPARTMENT Accessory Dwelling Unit (ADU) regulations (Section 23-4-600) • The new term "accessory dwelling unit" (ADU) would replace "auxiliary quarters" and "second single-family homes". • This new term and "use" would not require a zoning permit or USR, but would be considered a use by right, with certain standards, and would only require a building permit in the A (Agricultural), E (Estate), R-1 (Single -Family Residential), R-2 (Duplex Residential), and R-5 (Manufactured Home Residential) zone districts. WELD COUNTY GOVERNMENT www.weld.gov WELD COUNTY PLANNING & ZONING DEPARTMENT Accessory Dwelling Unit (ADU) regulations (Section 23-4-600) • May be attached to, detached from, or within existing dwelling. • Must be a legal lot. • Must meet setbacks, etc. • Must meet building codes. • Must use existing driveway. • In Residential zones, must have public water and public sewer. • In the Agricultural zone, must meet lot size minimum: 2.5 acres with well water or 1 acre with public water. • On Agricultural and Estate lots served by a septic system, a new septic permit may be required. WELD COUNTY GOVERNMENT www.weld.gov WELD COUNTY PLANNING & ZONING DEPARTMENT Ord2024-04 Helpful Information • Helpful webpage links: • https://www.weld.gov/Government/Departments/Planning-and- Zoning/Current-and-Long-Range-Planning • https://www.weld.gov/Legal-and-public-Notices • https://www.weld.gov/Government/Departments/commjssioners WELD COUNTY GOVERNMENT www.weld.gov WELD COUNTY PLANNING & ZONING DEPARTMENT Purpose - Recommendation • Purpose of ORD2024-04 • Revises several sections of Chapter 23, Zoning, of the Weld County Code. • Certain changes are minor clean-up items. • Brings code into compliance with HB24-1007 (residential occupancy limits) and HB24-1152 (ADUs). • Urban/Rural transition zone • Assists in streamlining certain processes. WELD COUNTY GOVERNMENT www.weld.gov Cheryl Hoffman From: Sent: To: Cc: Subject: Attachments: Esther Gesick Wednesday, May 22, 2024 9:10 AM Cheryl Hoffman Karla Ford FW: ADU's. ORD2024-04 qualifing properties but excluded ADUs in R1 qualifing subdivisions.pdf From: Karla Ford <kford@weld.gov> Sent: Wednesday, May 22, 2024 7:05 AM To: Esther Gesick <egesick@weld.gov> Subject: FW: ADU's. ORD2024-04 qualifing properties but excluded This came in and I attached it to the work session, but do you need it for ordinance packet on your side? Karla Ford R Office Manager, Board of Weld County Commissioners 1150 0 Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kfordweldgov.com :: www.weldgov.com *Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.** Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: MaryRose Cullen <MaryRoseCullen@live.com> Sent: Tuesday, May 21, 2024 12:24 PM To: Karla Ford <kford@weld.gov>; Maxwell Nader <mnader@weld.gov>; Elizabeth Relford <erelford@weld.gov> Subject: ADU's. ORD2024-04 qualifing properties but excluded Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good Afternoon Commissioners, This short bit of information is for your review for the meeting scheduled for tomorrow at 8:30 regarding ADU's. ORD2024-04 RE: (HB24-1007(Residential occupancy limits) & HB24-1152 (ADU's) I have spoken at the initial presentation and at both readings so far. 1 The attached PDF file is a very short incomplete list of some, not all of the subdivisions in Weld County 1-35 acres that are R1 zoning with public water & septic that do not qualify as ORD2024-04 is written. These properties would be/are excluded if this remains as it is. I did cross reference these subdivisions with Weld County records as suggested by Max. In order to do a complete list of all properties in Weld County from 0-35 acres, in or out of a subdivision, zoned R1, with public water and septic thar are excluded from ORD2024-04 would take months to complete because the County does not have a list of residential properties with septic systems whether based on zoning or if it is residential or commercial. As I have stated in prior meetings, allowing ADU's based on R1 zoning with acreage, public water and septic is no different than that of Agriculture or Estate zoning with the same criteria that are included thus these properties should not be excluded from the ability to have an ADU on the property just because the Zoning is R1 if everything else is the same. It is common sense. Therefore, I am asking again for your consideration to add R1 zoning with public water and septic to ORD2024-04. They are the only ones not addressed in this and I do believe it is an oversite. As it stands right now ORD2024-04 allows ADU's in R1 zoning high density subdivisions, small city lots where it will increase traffic, reduce yard size and increase population density; and disallows them in R1 zoning areas that have the room (acres) to support them, again common sense dictates that it should be allowed. See you at the meeting in the morning to discuse further. Have a great day! HB24-1007(Residential occupancy limits) & HB24-1152 (ADU's) M cwyi. o-/ MaryRose Cullen, Pilot Part 135/91 720-244-2575 MaryRoseCullen@live.com Typed in the following jets: CE56OXL (all differenced including Proline2l, G5000 & Gen2), CE750, RA4000, CL600, CE500, LRJet, LR45, LR60 May the winds blow forever in your favor. 2 ADU Qualifing properties R1 zoning1Public water with septic Total Some Subdivision 1 - 35 acres with Public water & Septic homes Belmont Farms 118 BEEBE Craw Farm Equestrian 190 Buffalo Acres 11 Carol Heights 131 Country Estates 405 Camfield 119 Dream acres 31 Dreamers Ridge 16 Erie Air Park 166 Enchanted Hills 35 Eagle Valley 219 Grandview Highland Estates , 32 Green acres 44 ` Golden Eagle farms 76 i Grandview Estates 32 Galeton 4 Hunt & Clayton 19 Ireland Garens 12 r 4 Heighland Estates 58 Indian Head 111 Lourimore 16 Meadow Farms 24 Mulligan Lake estates 82 fr Peregrine Creek 13 Pelican lake is the largest subdivision in Weld still incomplete Pelican Lake unknown Excessive Pelican Ranch unknown Excessive Pelican shores unknown Excessive Pelican Estates unknown Excessive Soaring Eagle 117 Seemore Heights 20 Sunny Acres 47 Westview Estates 27 Example total 2057 Subdivision 0-1 acres - R1 zoning with Public water & Septic is not included in this report but there are multiple subdivisions that fit this description This does not include qualifing properties that are not located in a Subdivision It would take weeks to complete the research to list full total of properties that tivalify but the County has no records of total septic permits issued based on Zoning Cheryl Hoffman From: Sent: To: Cc: Subject: Attachments: Jim Flesher Thursday, May 23, 2024 12:44 PM Cheryl Hoffman Esther Gesick; Elizabeth Relford; Maxwell Nader Ord24-04 changes for 3rd reading (6/3) Ord2024-04 changes for 3rd rdg 5.17.24.docx dikt cwozzA- * H' Cheryl Please see attached. We'll get you a memo later, ok? We're proposing three changes to the ordinance following a worksession yesterday. I Thanks, Jim WELD COUNTY CODE ORDINANCE 2024-04 El 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 sleeping The term DWELLING UNIT does not include HOTELS, MOTELS, RECREATIONAL PAGE 1 2024-* ORD2024-04 VEHICLES or other places or accommodations when used for transient occupancy. Delete FAMILY. Delete FOSTER CARE HOME. GARDENING: The cultivation of plants without theme -use --of 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. 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, b. Natural gas compressor stations, c. Natural gas processing facilities, including liquification (LNG) facilities, d. Oil and gas company OFFICES, e. OUTDOOR STORAGE yards for oil and gas equipment, including pipe laydown yards and parking/storage of drilling rigs, etc., f. Trucking companies principally engaged in the hauling of drilling rigs, oil and gas, pipe for use in drilling, water, etc. OIL AND GAS SUPPORT AND SERVICE excludes the following: a. Manufacturing and HEAVY MANUFACTURING, including pipe manufacturers, b. OIL AND GAS FACILITIES, c. OIL AND GAS STORAGE FACILITIES, d. PETROLEUM REFINERIES and coal gasification facilities, e. Pipelines and appurtenant facilities transporting petroleum products, f. TRANSLOADING, g. UTILITY SERVICE FACILITIES. PAGE 2 2024-* ORD2024-04 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 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 PAGE 3 2024-* ORD2024-04 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 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 PAGE 4 2024-* ORD2024-04 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 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 PAGE 5 2024-* ORD2024-04 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 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 PAGE 6 2024-* ORD2024-04 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 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 PAGE 7 2024-* ORD2024-04 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 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 PAGE 8 2024-* ORD2024-04 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. 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 Division 3 - Manufactured Homes, Manufactured Structures, and Occupied Recreational Vehicles Sec. 23-4-180. - Annual accessory use during medical 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. ct, in addition to the principal DWELLING UNIT, e Department o Planning Services upon a determination that= the person to be living in the MANUFACTURED HOME requires the supervision and care of those persons res*ding in the principal DWELLING UNIT on the property (or the reverse). Documentation of the medical PAGE 9 2024-* ORD2024-04 hardship sh tter from the subject' g Services. The letter shall be physically impa T-laro i� nn ro^_ T T Q-T�i�i who needs medical supervision. HOME. it -time care. 1 facilities are ava rcel of land. rcel of land does not require a zoning permit. B. A MANUFACTURED HOME zoning permit for TEMPORARY ACCESSORY USE during a medical hardship in the A (Agricultural) Zone District may be issued by the Department of above and Section 23-4-230 below are met. If the applicant is not able to meet the criteria stated in Section 23-4-230 below, the Board of County Commissioners shall review the at regularly scheduled meeting of the Board. The Board of County Commissioners shall give the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification sha be mai ec, first -c ass, not ess t Ian ten (10) days before the scheduled meeting. Such notice is not required by state statute and is provided as a courtesy to sur e list or the Department of Planning Services in sending such notice defect in the permit process, even if such error results in the failure of a surrounding property owner to receive such notification. The Department of Planning Services shall post a sign for the applicant on the property in question indicating that a MANUFACTURED HOME , he meeting date and least ten (1O) days prior to the m ith 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 MANUFACTURED HOME with the s the COUNTY. Such permits shall b versary of the original permit's issuance. Such permits shall be extended only if the USE continues to be in conformance with the criteria set out in Subse • automatically expire, and the MANUFACTURED -TOME shall be removed upon cessation of the than the permitted USE. D. A MANUFACTU shall not h-ave a -permanent foundation. PAGE 10 TURED HOME is used for other 2024-* ORD2024-04 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 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 1.3. 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 PAGE 11 2024-* ORD2024-04 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 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 PAGE 12 2024-* ORD2024-04 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 Perry L Buck, Pro-Tem BY Deputy Clerk to the Board Mike Freeman APPROVED AS TO FORM Scott K James County Attorney Lori Same Date of signature PAGE 13 2024-* ORD2024-04 First Reading Publication April 22, 2024 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 14 2024-* ORD2024-04 AMEND APPENDIX 23-B NUMBER OF OFF-STREET PARKING SPACES REQUIRED �+lYy'u '�g h. ��i � F F�1�} � ih k" 'a rl �^-'l_'�+' _Us`'e��ra, ;:�� _ , r �, ��;��. x, 1'f �i5^D"Jii � SY.✓ sq 'ry �ti �'^* "4 iA y, 'Y��V'f� 1, 5 T r/2'5, -)15,9'1V,':"7 �zNumberof`�Spaces�� t �_ �r,�f�� x � pry 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 DELETE ENTIRE ROW 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 1 space/employee, plus 1 for each student for the PAGE 15 2024-* ORD2024-04 SCHOOLS and other post- secondary educational institutions 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 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 16 2024-* ORD2024-04 MEMORANDUM TO: BOARD OF COUNTY COMMISSIONERS FROM: MAXWELL NADER, PLANNING MANAGER DATE: JUNE 3, 2024 RE: ORD2024-04, CHAPTER 23, ACCESSORY DWELLING UNITS AND CHANGES TO R-1 ZONE DISTRICT REGULATIONS (THIRD READING) Based on feedback from residents and internal staff discussions, the Board of County Commissioners held a work session with staff on May 22, 2024, to discuss potential changes for third reading of this ordinance. On May 7, staff hosted a public meeting with residents of the area east of Greeley. A few residents raised a concern that, according to the Weld County Code, "farming" is not a permitted use in the R-1 zone district. This is true; however, "gardening' is a use by right. The definition of "gardening" currently is: GARDENING: The cultivation of plants without the use of tractors or other heavy machinery, including PUBLIC or private community gardens. The residents who brought this up stated they grow hay on their land and have someone cut and bale it a few times a year. There have not been any complaints submitted, but staff proposes that this definition be revised to allow the use of tractors and other heavy machinery by deleting that phrase. GARDENING: The cultivation of plants, including, but not limited to, PUBLIC or private community gardens. Regarding accessory dwelling units (ADUs), staff realized the current provisions for zoning permits for manufactured homes for use during a medical hardship (ZPMH) are no longer necessary if this ordinance is approved. Property owners can just pull a building permit for an ADU without needing the ZPMH. Therefore, staff proposes revising the ordinance to replace the requirements in Section 23-4-180 with one sentence stating existing ZPMHs for medical hardship will now be considered ADUs. Finally, the provision in the ordinance that would allow ADUs in the R-1 zone district, but only if the lot has public water and sewer, was brought up from a Seemore Heights resident at the April 22 first reading and May 15 second reading of the ordinance and in correspondence with one or more commissioners. In the original ordinance, staff proposed allowing ADUs without public water and sewer in the Agricultural zone because the County Code already allows second single-family homes and auxiliary quarters without public water and sewer in that zone district. This ordinance would remove and replace second single-family dwellings and auxiliary quarters with ADUs. Page 1 In R zones, staff proposed allowing ADUs only on lots with public water and sewer service based on the requirements of Section 23-3-105 of the County Code, which requires all uses requiring water on R -zoned lots created after August 25, 1981, must be served by public water from a water district or municipality and public sewer. Lots created prior to that date are allowed to utilize well and septic. The date of August, 1981, comes from the adoption of Ordinance 89, which replaced the original zoning regulations adopted in 1961 and established the R-1 and other zone districts we have in the code today. It required public water and sewer for dwellings in all R zones. Existing lots are essentially "grandfathered," but they're not allowed to be further split without obtaining public water and sewer. House Bill 24-1152 requires the county, by June 30, 2025, to allow ADUs in any zone district that allows single-family dwellings, but there is an exemption that says this does not apply to parcels without public water and public sewer. In the Estate zone, public water is required but septic systems are allowed. The minimum lot size in the E zone is 2.5 acres. If the Board of County Commissioners wishes to revise the ordinance to allow ADUs on R -zoned lots without public sewer, staff would recommend limiting it to lots of at least one acre that have public water and are more than 400 feet from public sewer. (The 400 feet provision comes from a statute that allows municipalities to require properties within 400 feet of public sewer to connect to it (CRS 31-15-709(1)(b).) The attached ordinance includes these changes outlined above. Staff recommends approval of the ordinance. Page 2 WELD COUNTY PLANNING & ZONING DEPARTMENT Ordinance2024 04 (Accessory Dwelling Units and R-1 zone district changes) Maxwell Nader, Planning Manager Elizabeth Relford, Interim Planning Director • WELD COUNTY GOVERNMENT www.weld.gov WELD COUNTY PLANNING & ZONING DEPARTMENT Purpose of Ord2024 04 • Revises several sections of Chapter 23, Zoning, of the Weld County Code. • Certain changes are minor clean-up items. • Brings code into compliance with HB24-1007 (residential occupancy limits) and HB24-1152 (ADUs). • Urban/Rural transition zone • Assists in streamlining certain processes. WELD COUNTY GOVERNMENT www.weld.gov WELD COUNTY PLANNING & ZONING DEPARTMENT Ord 2024 04 adoption process: • Three readings (public hearings) at regular Board of County Commissioners (BOCC) meetings. All at 9:00 a.m. located at 1150 O Street, Greeley. • First reading: April 22, 2024 — BOCC approved • Second reading: May 15, 2024 • Third reading: June 3, 2024 • The BOCC may revise the ordinance at any of these readings, or not adopt it. Hearing dates are subject to change. WELD COUNTY GOVERNMENT www.weld.gov WELD COUNTY PLANNING & ZONING DEPARTMENT Recommendation for Third Reading • Board of County Commissioners approved first reading of ORD2024-04on April 22, 2024. • Board of County Commissioners approved second reading of ORD2024-04 on May 15, 2024. • Staff has the following recommendations for third reading of ORD2024-04: 1. Modifying the current definition of "gardening". 2. Removal of Zoning Permits for Manufactured Homes for the use during a medical hardship ZPMH ) 3. Allowing Accessory Dwelling Units (ADU) to be on septic in R -zoned lots with certain criteria. WELD COUNTY GOVERNMENT www.weld.gov WELD COUNTY PLANNING & ZONING DEPARTMENT Recommendation for Third Reading • Definition of "gardening"... • The current definition reads the following: • GARDENING: The cultivation of plants without the use of tractors or other heavy machinery, including PUBLIC or private community gardens. • Staff proposes that this definition be revised to allow the use of tractors and other heavy machinery by deleting that phrase. • GARDENING: The cultivation of plants, including, but not limited to, PUBLIC or private community gardens. WELD COUNTY GOVERNMENT www.weld.gov WELD COUNTY PLANNING & ZONING DEPARTMENT Recommendation for Third Reading • Change Section 23-4-600.H. to read the following: • 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. WELD COUNTY GOVERNMENT www.weld.gov WELD COUNTY PLANNING & ZONING DEPARTMENT END WELD COUNTY GOVERNMENT www.weld.gov WELD COUNTY PLANNING & ZONING DEPARTMENT Definitions — (Section 23-1-90) • Removes "auxiliary quarters". These would fall under "accessory dwelling units" (ADUs). • Revises "dwelling, duplex" and "dwelling, multi -family" to allow these dwellings to be premanufactured in a factory (same as single-family) and removes the limit of being occupied by one "living unit". • Revises "dwelling, single-family" to simply a building containing one dwelling unit. • Revises "dwelling unit" to match HB24-1152. WELD COUNTY GOVERNMENT www.weld.gov WELD COUNTY PLANNING & ZONING DEPARTMENT Definitions continued — (Section 23-1-90) • Removes "family", "foster care home", and "living unit". Removing these would remove the limit on the number of unrelated residents in a dwelling unit, in compliance with HB24-1007. • Updates "noncommercial junkyard" to clarify the screening requirement. • Revises "screening" to remove the sentence about preapproval of a screening plan by the Planning Department prior to installation. WELD COUNTY GOVERNMENT www.weld.gov WELD COUNTY PLANNING & ZONING DEPARTMENT 1 Agricultural zones (Article III, Division 1) • Replaces "auxiliary quarters" and "second single-family dwellings" with Accessory Dwelling Units (ADUs). • Update noncommercial junkyard provisions and remove requirement for preapproval of screening. WELD COUNTY GOVERNMENT www.weld.gov WELD COUNTY PLANNING & ZONING DEPARTMENT Estate zone (Article III, Division 5) • Allow one Accessory Dwelling Unit (ADU) per lot. WELD COUNTY GOVERNMENT www.weld.gov WELD COUNTY PLANNING & ZONING DEPARTMENT Residential zones (Article III, Division 2) • Clean-up in Section 23-3-100. • Allow one cargo container on R-1 properties, as long as they're screened. • Allow noncommercial junkyards on R-1 properties, as long as they're screened. • Allow one ADU on R-1, R-2, and R-5 properties, as long as they're accessory to a single-family home (not a duplex). • Allow, by Use by Special Review (if approved), more than the number of animal units allowed in Section 23-3-16O.H.1. (Does not apply to household pets.) WELD COUNTY GOVERNMENT www.weld.gov WELD COUNTY PLANNING & ZONING DEPARTMENT Residential zones Animals Cattle.. Horse Swine Llama Alpaca Sheep Goat animal units (Article III, Division 2) Animal Unit Equivalents 1 1 1 . 5 . 5 Number of Animals Equivalent to One Animal Unit 1 1 1 2 2 . 2 5 . 2 Poultry .02 Rabbit .02 5 Maximum Number Per Lot 2 2 1 4 4 10 10 50 100 50 100 WELD COUNTY GOVERNMENT www.weld.gov WELD COUNTY PLANNING & ZONING DEPARTMENT Residential zones — Use by Right (Article III, Division 2) Current Uses by Right • Fishing and noncommercial water skiing. • Gardening. • One (1) noncommercial tower up to forty (40) feet in height per legal lot. (see section 23-4-895.) • Public parks. • Public schools. • One (1) single-family dwelling, foster care home, or group home facility per legal lot. • Utility service facilities. i WELD COUNTY GOVERNMENT www.weld.gov WELD COUNTY PLANNING & ZONING DEPARTMENT Residential zones — Accessory Uses (Article III, Division 2) Current Accessory Uses • Parking areas and parking structures, not including parking of commercial vehicles. • Structures and buildings accessory to uses permitted under Section 23-3-110.B, not including cargo containers. • Swimming pools, tennis courts and similar accessory uses and structures. • Wind generators allowed as accessory uses in Section 23-4-450 of this Chapter. Proposed additional Accessory Uses • 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. • 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. • Noncommercial junkyard, as long as it is screened from all adjacent properties and public rights -of -way. WELD COUNTY GOVERNMENT www.weld.gov WELD COUNTY PLANNING & ZONING DEPARTMENT Residential zones — Use by Special Review (Article III, Division 2) Current Use by Special Review Uses • Structures exceeding maximum lot coverage. • Bed and Breakfast facilities. • Cemeteries. • Child care centers. • hospitals, nursing homes, rehabilitation centers. • Pipelines - domestic water in accordance with division 6 of article ii of this chapter. • Residential Therapeutic Centers. • Any use listed in subsection c above, in conjunction with a pending or approved use by special review permit. • Uses similar to the uses listed as permitted as long as the use complies with the general intent of the zone district. • Wind generators requiring the issuance of special review permit under division 6 of article iv of this chapter. Proposed additional Use by Special Review Uses • More than the number of animal units allowed by Section 23-3-160.H.1 of this Division 2. WELD COUNTY GOVERNMENT www.weld.gov WELD COUNTY PLANNING & ZONING DEPARTMENT Accessory Dwelling Unit (ADU) regulations (Section 23-4-600) • The new term "accessory dwelling unit" (ADU) would replace "auxiliary quarters" and "second single-family homes". • This new term and "use" would not require a zoning permit or USR, but would be considered a use by right, with certain standards, and would only require a building permit in the A (Agricultural), E (Estate), R-1 (Single -Family Residential), R-2 (Duplex Residential), and R-5 (Manufactured Home Residential) zone districts. WELD COUNTY GOVERNMENT www.weld.gov WELD COUNTY PLANNING & ZONING DEPARTMENT Accessory Dwelling Unit (ADU) regulations continued (Section 23-4-600) • May be attached to, detached from, or within existing dwelling. • Must be a legal lot. • Must meet setbacks, etc. • Must meet building codes. • Must use existing driveway. • In Residential zones, must have public water and public sewer. • In the Agricultural zone, must meet lot size minimum: 2.5 acres with well water or 1 acre with public water. • On Agricultural and Estate lots served by a septic system, a new septic permit may be required. WELD COUNTY GOVERNMENT www.weld.gov WELD COUNTY PLANNING & ZONING DEPARTMENT Ord2024 04 Helpful Information • Helpful webpage links: • https://www.weld.gov/Government/Departments/Planning-and- Zoning/Current-and-Long-Range-Planning • https://www.weld.gov/Legal-and-Public-Notices • https://www.weld.gov/Government/Departments/commissioners WELD COUNTY GOVERNMENT www.weld.gov WELD COUNTY PLANNING & ZONING DEPARTMENT Recommendation Second Reading • Board of County Commissioners approved first reading of ORD2024-04 on April 22, 2024. • Staff has the following recommendations for second reading of ORD2024-04: • Remove Class II injection wells from the definition of "oil and gas support and service" in Chapter 23, which requires a Use by Special Review in the A (Agricultural) zone outside of subdivisions and townsites, and a Site Plan Review in 1-2 and 1-3 zones and are not allowed in other zone districts. • Class II injection wells will be added to Article V, Chapter 21, to be processed by the Oil and Gas Energy Department as part of the 1041WOGLA process. • Staff has also scheduled a work session with the Board of County Commissioners on May 22, 2024, to discuss other potential changes to the ordinance, including the ability to allow accessory dwelling units (ADUs) on some R-1 lots that don't have public sewer, and changing the definition of "gardening" to allow the use of tractors. This is prior to third reading on June 3, 2024. WELD COUNTY GOVERNMENT www.weld.gov WELD COUNTY PLANNING & ZONING DEPARTMENT Purpose - Recommendation • Purpose of ORD2024-04 • Revises several sections of Chapter 23, Zoning, of the Weld County Code. • Certain changes are minor clean-up items. • Brings code into compliance with HB24-1007 (residential occupancy limits) and HB24-1152 (ADUs). • Urban/Rural transition zone • Assists in streamlining certain processes. WELD COUNTY GOVERNMENT www.weld.yov Hello