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HomeMy WebLinkAbout20251989.tiffWeld County Code Ordinance 2025-08 In the Matter of Repealing and Reenacting, with Amendments, Chapter 23 Zoning and Chapter 24 Subdivisions 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 Weld County, 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of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows.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: ANIMAL UNIT.' A term and number used to establish an equivalency for various species of LIVESTOCK. The number of LIVESTOCK allowed by right is dependent upon bulk requirements of the A (Agricultural), E (Estate) and R-1 (Low -Density Residential) Zone District. LIVESTOCK in excess of the bulk requirements for the Agricultural Zone District shall require a Use by Special Review Permit for a LIVESTOCK CONFINEMENT OPERATION or ANIMAL BOARDING and animal TRAINING FACILITY. All LIVESTOCK shall have the following ANIMAL UNIT equivalents and bulk requirements contained in Tables 23.1A, 23.1B, and 23.1C, below: 5041414 Pages: 1 of 22 07/16/2025 10:54 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO et:cTEVEG/cam), CA(p��), 2025-1989 Acrtzw/..),FICM3s/so/4 ORD2025-08 PL(brim s-r/xik/pA) c?l2 (/25 Cattle 1 Final Reading Page 2 Table 23.1A ANIMAL UNITS in the A (Agricultural) Zone District Phi 4 6 8 10 Bison 1 4 6 8 10 Mule/Donkey/Burro 1 4 6 8 10 Ostrich/Emu 1 4 6 8 10 Elk 1 4 6 8 10 Horse 1 4 6 8 10 Yak 1 4 6 8 10 Camel 1 4 6 8 10 Swine .2 5 20 30 40 50. Sheep .1 10 40 60 80 100 Llama .1 10 40 60 80 100 Goat 1 10 40 60 80 100 Alpaca .075 13 52 78 104 130 POULTRY .02 50 200 300 400 500 Rabbit .02 50 200 300 400 500 5041414 Pages: 2 of 22 07/16/2025 10:54 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO Bill 2025-1989 ORD2025-08 Cattle 1 Final Reading Page 3 Table 23.1B ANIMAL UNITS in the E (Estate) Zone District Number of Anini , Equivalent to ANIMAL UNIT 1 Maximum Number Cross Acre< 1 Horse 1 1 1 Swine 1 1 1 Mule/Donkey/Burro 1 1 1 Sheep .5 2 2 Goat .5 2 2 Llama .1 10 10 Alpaca .075 13 13 POULTRY .04 25 25 Rabbit .04 25 25 Table 23.1C ANIMAL UNITS in the R-1 (Low -Density Residential) Zone District ANIMAL'UNfT Equivalents Number of Anirril3 ..; . ' Equivalent to One ANIMAL UNIT Maximum Number Per LOT Cattle 1 1 2 Horse 1 1 2 Swine 1 1 1 Llama .5 2 4 Alpaca .5 2 4 5041414 Pages: 3 of 22 07/16/2025 10:54 AM R Fee:$0.00 iiiiiiiraPirikinkefiiiiiilDhlirgiOulia id Bill 2025-1989 ORD2025-08 Final Reading Page 4 Sheep .2 5 10 Goat .2 5 10 POULTRY .02 50 100 Rabbit .02 50 100 Any combination of the above LIVESTOCK and their equivalents as a Use by Right shall not exceed the maximum of four (4) ANIMAL UNITS per acre in the A (Agricultural) Zone District on LOTS less than one -hundred twenty (120) gross acres, not to exceed six (6) ANIMAL UNITS per acre on LOTS a minimum of one -hundred twenty (120) gross acres and less than three hundred twenty (320) gross acres, not to exceed eight (8) ANIMAL UNITS per acre on LOTS a minimum of one-half (%) of a Section and less than six hundred forty (640) gross acres, and not to exceed ten (10) ANIMAL UNITS per acre on LOTS six hundred forty (640) gross acres or larger, or one full section. In the E (Estate) Zone District, ANIMAL UNITS shall not exceed one (1) ANIMAL UNIT per gross acre. In the R-1 (Low -Density Residential) Zone District, ANIMAL UNITS shall not exceed two (2) ANIMAL UNITS per LOT. In determining the number of acres in a LOT for the purpose of calculating the number of ANIMAL UNITS allowed as a Use by Right, the total number of contiguously owned or controlled (for example, through lease, easement or dedication) acres shall be included. Such contiguity shall not be affected by the existence of a platted STREET/ROAD orALLEY, a PUBLIC or private RIGHT-OF-WAY, state or federal PUBLIC lands, or a lake, reservoir, stream or other natural or artificial waterway. BUILDABLE LOT.' A LEGAL LOT on which it is possible to construct a BUILDING in compliance with applicable requirements of this Code, including, but not limited to, permitted access and bulk requirements, and with any VARIANCES granted by the Board of Adjustment. A LEGAL LOT may not necessarily be a BUILDABLE LOT. ENCLOSED: An object or USE shall be ENCLOSED if all aspects of the object or USE are surrounded completely on all sides within a BUILDING. HISTORIC TOWNS/TE: A group of LOTS, tracts, or parcels of land created by recording a plat or map which shows the boundaries of such LOTS, tracts, or parcels and the original parcel from which they were created, recorded prior to September 20, 1961. HISTORIC TOWNSITE includes all property within such plat or map, whether or not amended or resubdivided by subsequent plat or map. LEGAL LOT." The term LEGAL LOT shall refer to any of the following: 5041414 Pages: 4 of 22 07/16/2025 10:54 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 2025-1989 ORD2025-08 VIII �.rIL Ih �h 'Ir l���k � tk�C F: tiW�h Bill Final Reading Page 5 a. through e. — No change. f. When a LOT is bisected by the dedication of road RIGHT-OF-WAY that has been accepted by the County after January 1, 2025, the land on either side of the RIGHT-OF-WAY may be considered separate LEGAL LOTS. g. Any LOT officially recognized by Weld County as a LEGAL LOT prior to January 1, 2025. A LEGAL LOT may not necessarily be a BUILDABLE LOT. LIVESTOCK: Cattle, bison, donkeys, mules, burros, llamas, alpacas, ostriches, emus, elk, horses, swine, sheep, goats, POULTRY, yaks, camels, and rabbits. Delete MASSAGE PARLOR. MASSAGE THERAPIST.' A person licensed by the state who provides massage treatments on a COMMERCIAL basis. Delete NON -URBANIZING. PET SHOP: A RETAIUSERVICE ESTABLISHMENT wherein the primary occupation is the retail sale or grooming of HOUSEHOLD PETS or the sale of pet supplies. PLANNED UNIT DEVELOPMENT (PUD): A DEVELOPMENT zoned PUD and platted in accordance with Chapter 27 of this Code and the Planned Unit Development Act of 1972 in C.R.S. §§ 24-67-101, et seq. POULTRY.' Any domesticated birds raised for their eggs, meat, feathers, or other products, but excluding ostriches, emus, and raptors. PUBLIC SEWER: Transmission, storage, treatment, collection or distribution facilities constructed, operated or maintained by any district or municipality for the purpose of providing common sewer service facilities, in which sewage is carried from individual LOTS by a system of pipes to a SEWAGE TREATMENT PLANT. PUBLIC WATER: A system providing potable water for human consumption through a water users' association in existence as of July 23, 2025, a municipality, a water district, or a Title 32 special district approved in accordance with Article XIV of Chapter 2 of this Code. Delete PUD (PLANNED UNIT DEVELOPMENT). 5041414 Pages: 5 of 22 07/18/2025 10:54 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 11111 INVIIJPUIrri�'G4'AfihilyIti 111111 2025-1989 ORD2025-08 Final Reading Page 6 RECREATIONAL FACILITIES: The following classes of recreational facilities have the following meanings: a. PUBLIC RECREATIONAL FACILITIES: Includes, but is not limited to, PUBLIC parks, zoos, swimming pools, golf courses, and other such facilities owned or operated by or under the direction of a government agency or a nonprofit corporation. b. PRIVATE RECREATIONAL FACILITIES: Includes, but is not limited to, golf courses, tennis courts, swimming pools, country clubs, and RECREATIONAL FACILITIES for fraternal organizations, all of which are owned and operated by either nonprofit organizations with a limited membership or by private persons who own the facilities and are the only users of them. PRIVATE RECREATIONAL FACILITIES do not include rodeos, roping arenas, RACING FACILITIES, or SHOOTING RANGES. c. COMMERCIAL RECREATIONAL FACILITIES: Includes, but is not limited to, bowling alleys, health spas, swimming pools, tennis courts, golf courses, miniature golf facilities, or WATER SKIING, all of which are operated on a COMMERCIAL basis by the paying public. COMMERCIAL RECREATIONAL FACILITIES do not include rodeos, roping arenas, RACING FACILITIES, or SHOOTING RANGES. RIGHT-OF-WAY. That portion of land dedicated to public use for STREET/ROAD and/or utility purposes and accepted by the Board of County Commissioners as required by Section 8-6-150 of this Code or by the State or a municipality. SHOOTING RANGE - INDOOR: A COMMERCIAL facility designed or used for shooting at targets with rifles, pistols, or shotguns, and which is completely ENCLOSED within a BUILDING. SHOOTING RANGE - OUTDOOR: The COMMERCIAL USE of land for archery and/or the discharging of firearms for the purpose of target practice, skeet or trap shooting, or temporary competition, such as turkey shoots. Excluded from this use type shall be general HUNTING and unstructured and occasional discharging of firearms on private property with the property owner's permission. Delete URBANIZING. Delete YARD. All other definitions — No change. 5041414 Pages: 6 of 22 07/16/2025 10:54 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO IIII NFJIR�'�I MIl Iiti� 19114 EVrigldiQ ii "II 2025-1989 ORD2025-08 Final Reading Page 7 Article II - Procedures and Permits Division 1 - Amendments to Zoning Map Amend Sec. 23-2-30. Duties of Planning Commission. A. The Planning Commission shall hold a hearing to consider the application for the Change of Zone. The Planning Commission shall provide recommendations to the Board of County Commissioners concerning the disposition of the requested change. The Planning Commission shall recommend approval of the request for the Change of Zone only if it finds that the applicant has met the standards or conditions of this Subsection A and Section 23-2-50. The applicant has the burden of proof to show that the standards and conditions of this Subsection A and Section 23-2-50 are met. The applicant shall demonstrate: 1. through 3. — No change. 4. For zoning amendments to any zone district other than A (Agriculture), unpaved STREETS/ROADS providing access to the subject parcels shall have a minimum 26 -foot -wide travel surface with a minimum 4 -inch depth of aggregate surface course (gravel) and a minimum RIGHT-OF-WAY width of sixty (60) feet. Otherwise, the rezoning shall only be approved on the condition that the applicant shall enter into an Improvements Agreement prior to recording the Change of Zone plat. Such agreement shall be in conformance with Appendix 8-N, Transportation Plan, and Chapter 8, Article II, both of this Code. The Improvements Agreement shall provide for the road to be improved to a minimum of 26 -foot -wide travel surface with a minimum 4 -inch depth of aggregate surface course (gravel) and a minimum RIGHT-OF-WAY width of sixty (60) feet prior to the recording of any land use permit map or issuance of any building permit, access permit, or grading permit, whichever comes first, and shall be re-evaluated for compliance with any additional improvements upon submittal of an application for a land use permit, building permit, access permit, or grading permit. Additional improvements, if necessary, may require an amended or new Improvements Agreement documenting additional requirements. No land use permit, building permit, access permit, or grading permit shall be issued without review of the Improvements Agreement. Remainder of Section — No change. 5041414 Pages: 7 of 22 07/15/2025 10:54 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111 rdliZINvalt IfILFAI SALMI'iIQMI lki "II 2025-1989 ORD2025-08 Final Reading Page 8 Amend Sec. 23-2-40. Duties of Board of County Commissioners. A. — No change. B. The Board of County Commissioners shall hold a public hearing to consider the application and to take final action thereon. In making a decision on the proposed Change of Zone, the Board of County Commissioners shall consider the recommendation of the Planning Commission, and from the facts presented at the public hearing and the information contained in the official record which includes the Department of Planning Services case file, the Board of County Commissioners shall approve the request for the Change of Zone only if it finds that the applicant has met the standards or conditions of Paragraphs 1. through 5. below and Section 23-2-50. The applicant has the burden of proof to show that the standards and conditions of Paragraphs 1. through 5. below and Section 23-2-50 are met. The applicant shall demonstrate: 1. through 3. — No change. 4. For zoning amendments to any zone district other than A (Agriculture), unpaved STREETS/ROADS providing access to the subject parcels shall have a minimum 26 -foot -wide travel surface with a minimum 4 -inch depth of aggregate surface course (gravel) and a minimum RIGHT-OF-WAY width of sixty (60) feet. Otherwise, the rezoning shall only be approved on the condition that the applicant shall enter into an Improvements Agreement prior to recording the Change of Zone plat. Such agreement shall be in conformance with Appendix 8-N, Transportation Plan, and Chapter 8, Article II, both of this Code. The Improvements Agreement shall provide for the road to be improved to a minimum of 26 -foot -wide travel surface with a minimum 4 -inch depth of aggregate surface course (gravel) and a minimum RIGHT-OF-WAY width of sixty (60) feet prior to the recording of any land use permit map or issuance of any building permit, access permit, or grading permit, whichever comes first, and shall be re-evaluated for compliance with any additional improvements upon submittal of an application for a land use permit, building permit, access permit, or grading permit. Additional improvements, if necessary, may require an amended or new Improvements Agreement documenting additional requirements. No land use permit, building permit, access permit, or grading permit shall be issued without review of the Improvements Agreement. 5.a through 5.c — No change. 5041414 Pages: 8 of 22 07/18/2025 10:54 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII��l'alrrl'�M�'�''�'I�E �F1w� �G�1J�al�l�i IA 111 111 2025-1989 ORD2025-08 Final Reading Page 9 C. - No change. Delete D. Amend Sec. 23-2-50. Application requirements for Change of Zone. A. — No change. B. The following information shall be submitted on an application form which may be obtained from the Department of Planning Services: 1. and 2. — No change. 3. Legal description of the property under consideration as provided by a Professional Land Surveyor licensed to do business in the state. 4. through 16. — No change. C. — No change. D. A draft rezoning plat in electronic (.pdf) format shall be submitted as part of the general application. 1. and 2. — No change. 3. The following information shall be shown: a. An accurate depiction of the parcel under consideration, showing all bearings and distances outside the perimeter boundary lines. The closure error of the survey may not exceed one to five thousand (1:5,000). The boundaries and dimensions shall be shown to the nearest hundredth of a foot (or seconds of arc for angular dimensions and bearings). Curved boundaries and all curves on the rezoning plat shall include the radius of curve, central angle, chord distance, and bearing. Notation of non -tangent curves with radial bearings shall be shown to all points of non -tangency. b. through o. — No change. 4. The following certificates shall appear on the map: a. Surveyor's certificate. Delete b. Reletter remainder of list. 5041414 Pages: 9 of 22 07/16/2025 10:54 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII l�p.�l:' Ehr 11 i I��� Nl��hh��'+Ith k: Toniai Bill 2025-1989 ORD2025-08 Final Reading Page 10 Remainder of Section — No change. Amend Sec. 23-2-60. Effective date of approved amendments. Any approved amendments to the Official Zoning Map shall be effective immediately upon approval by the Board of County Commissioners unless otherwise specified by the approving resolution of the Board of County Commissioners. However, no building permit shall be issued and no USE shall commence on the property until the approved zoning plat is recorded. Division 4 - Uses by Special Review Amend Sec. 23-2-200. Intent and applicability. A. through H. — No change. Add I. No Use by Special Review approval shall be required for USES covered by an approved 1041 Permit as described in Chapter 21 of this Code. Amend Sec. 23-2-260. Application requirements. A. through C. — No change. D. Special Review Permit Plan Map. 1. and 2. — No change. 3. The Special Review Permit Plan Map shall include certificates for the property owner's signature, the Board of County Commissioners, and the Clerk to the Board. The required content of the certificates is available from the Department of Planning Services. Remainder of Section — No change. Amend Sec. 23-2-285. Minor amendments. A. through H. — No change. I. Use by Special Review (USR) Map Requirements. The map requirements for Minor Amendments shall be the same as required in Subsection 23-2-260.D, except that the certificates for the Board of County Commissioners and the Clerk to the Board are only required if the application is referred to the Board of County Commissioners; otherwise, a certificate for the Director of Planning Services shall be included. 5041414 Pages: 10 of 22 07/16/2025 10:54 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO IIII �IWILINCNO MINI! �ti� B II 2025-1989 ORD2025-08 Final Reading Page 11 Remainder of Section — No change. Division 9 Fees Amend Sec. 23-2-940. General requirement for collateral. The policy on Collateral as outlined in Chapter 8, Article II, of this Code shall be followed. Article III - Zone Districts Division 1 - A (Agricultural) Zone District Amend Sec. 23-3-35. Uses allowed by permit outside of subdivisions and historic townsites. No USE listed in this Section shall commence construction or operation in the A (Agricultural) Zone District on LOTS outside of SUBDIVISIONS and HISTORIC TOWNSITES without prior approval of a land use permit from the Department of Planning Services or Department of Public Health and Environment, as applicable. A. through D. — No change. E. Application of BIOSOLIDS and/or DOMESTIC SEPTAGE permitted under Chapter 14 of this Code. F. through I. — No change. Delete J. Re -letter remainder of Section. Amend Sec. 23-3-40. Uses by special review outside of subdivisions and historic townsites. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained on LOTS outside of SUBDIVISIONS and 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, or Article II, Division 5, in the case of MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES. A. through C. — No change. D. CEMETERIES. E. CHILD CARE CENTERS. 5041414 Pages: 11 of 22 07/18/2025 10:54 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO III III 2025-1989 ORD2025-08 Final Reading Page 12 F. CHURCHES. G. COMMERCIAL rodeos and COMMERCIAL roping arenas. H. COMMERCIAL SCHOOLS. Reletter remainder of Section. Amend Sec. 23-3-55. Uses allowed by permit in subdivisions and historic townsites. No USE listed in this Section shall commence construction or operation in the A (Agricultural) Zone District on LOTS in SUBDIVISIONS and HISTORIC TOWNSITES without prior approval of a land use permit from the Department of Planning Services or Department of Public Health and Environment, as applicable. A. through F. — No change. Delete G. Re -letter remainder of 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. through H. — No change. I. Application of DOMESTIC SEPTAGE permitted under Chapter 14 of this Code. J. through M. — No change. N. NONCOMMERCIAL TOWERS requiring approval of a Use by Special Review, as detailed in Division 10 of Article IV of this Chapter. O. ORGANIC FERTILIZER PRODUCTION/COMPOSTING FACILITIES. P. OUTDOOR STORAGE of PUBLIC utility -related equipment. Q. Private SCHOOLS. R. REPAIR SERVICE ESTABLISHMENT. S. RESIDENTIAL THERAPEUTIC CENTERS. 3041414 Pages: 12 of 22 07/18/2025 10:54 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO Ii III 2025-1989 ORD2025-08 Final Reading Page 13 T. RESTAURANTS. U. More than the number of SEMI -TRAILERS as ACCESSORY storage allowed by right or by permit. V. SOLAR/ENERGY FACILITIES (SEF'S), subject to the additional requirements of Section 23-4-1030. W. TELECOMMUNICATION ANTENNA TOWERS requiring approval of a Use by Special Review, as detailed in Division 10 of Article IV of this Chapter. Remainder of Section — No change. 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 (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 W. — No change. X. NONCOMMERCIAL TOWERS requiring approval of a Use by Special Review, as detailed in Division 10 of Article IV of this Chapter. Y. ORGANIC FERTILIZER PRODUCTION/COMPOSTING FACILITIES. Z. OUTDOOR STORAGE of PUBLIC utility -related equipment. AA. Private SCHOOLS. BB. REPAIR SERVICE ESTABLISHMENT. CC. RESIDENTIAL THERAPEUTIC CENTERS. DD. RESTAURANTS. EE. RETAIL/SERVICE ESTABLISHMENT. FF. More than the number of SEMI -TRAILERS as ACCESSORY storage allowed by right or by permit. GG. SOLAR ENERGY FACILITIES (SEF'S), subject to the additional requirements of Section 23-4-1030. 5041414 Pages: 13 of 22 07/18/2025 10:54 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO Bill 2025-1989 ORD2025-08 Final Reading Page 14 HH. TELECOMMUNICATION ANTENNA TOWERS requiring approval of a Use by Special Review, as detailed in Division 10 of Article IV of this Chapter. Remainder of Section — No change. Division 2 - Residential Zone Districts Amend Sec. 23-3-110. R-1 (Low -Density Residential) Zone District. A. and B. — No change. C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the R-1 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. 1. CHURCHES. 2. COMMUNITY BUILDINGS. Delete 3. Renumber remainder of list. Remainder of Section — No change. Amend Sec. 23-3-120. R-2 (Duplex Residential) Zone District. A. and B. — No change. C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the R-2 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. 1. CHURCHES. 2. COMMUNITY BUILDINGS. Delete 3. Renumber remainder of list. Remainder of Section — No change. Amend Sec. 23-3-130. R-3 (Medium -Density Residential) Zone District. A. and B. — No change. 5041414 Pages: 14 of 22 07/16/2025 10:54 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO "II 2025-1989 ORD2025-08 Final Reading Page 15 C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the R-3 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. 1. CHURCHES. 2. COMMUNITY BUILDINGS. Delete 3. Renumber remainder of list. Remainder of Section — No change. Amend Sec. 23-3-140. R-4 (High -Density Residential) Zone District. A. and B. — No change. C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the R-4 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. 1. CHURCHES. 2. COMMUNITY BUILDINGS. Delete 3. Renumber remainder of list. Remainder of Section — No change. Amend Sec. 23-3-150. R-5 (Manufactured Home Residential) Zone District. A. and B. — No change. C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the R-5 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. 1. CHURCHES. 2. COMMUNITY BUILDINGS. Delete 3. Renumber remainder of list. 5041414 Pages: 15 of 22 07/18/2025 10:54 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111 Ir rPIRNr114MIR%r II 2025-1989 ORD2025-08 Final Reading Page 16 Remainder of Section — No change. Amend Sec. 23-3-160. Bulk requirements. Table 23.2 below lists the Bulk Requirements for the R-1, R-2, R-3, R-4 and R-5 Zone Districts. All BUILDINGS, STRUCTURES, USES, and land in the Residential Zone Districts are subject to the requirements contained in this Section. Table 23.2 Bulk Requirements for R-1, R-2, R-3, R-4, and R-5 Zone Districts Section Requirement R-1 R-2 R-3 R-4 R-5 A. Minimum LOT size (sq. ft.) 6,000 6,000 6,000 6,000 6,000 B. Minimum LOT area per DWELLING UNIT (sq. ft.) NA NA 3,000 1,500 NA C. Minimum LOT width 50 50 50 50 50 D. Minimum SETBACK (feet) 20 20 20 20 20 E. Minimum OFFSET (feet) Five (5) feet, or one (1) foot for each three (3) feet of BUILDING HEIGHT, whichever is greater, or zero (0) for attached DWELLING UNITS, where permitted and where located along a party wall meeting the requirements of Chapter 29 of the Weld County Code. F. Maximum BUILDING HEIGHT (feet) 30 30 30 45 30 G. Maximum LOT COVERAGE (%) 50 50 60 70 60 H. 1. Maximum number of ANIMAL UNITS permitted per LOT. 2 0 0 0 0 2. Maximum number of poultry hens, no roosters, permitted per N/A 0 0 0 4 LOT. 5041414 Pages: 16 of 22 07/16/2025 10:54 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO II II 2025-1989 ORD2025-08 Final Reading Page 17 Maximum number of HOUSEHOLD PETS per premises Up to four (4) of one (1) species or a total of seven (7) of two (2) or more species. J. Minimum OFFSETS and SETBACKS for EXISTING MANUFACTURED HOME PARKS. 1.a through 1.g — No change. 2. No STRUCTURES shall encroach within or over any travel lane, flow line adjacent to a travel lane, or sidewalk adjacent to a travel lane. Remainder of Section — No change. Division 3 - Commercial Zone Districts Amend Sec. 23-3-220. C-2 (General Commercial) Zone District. A. and B. — No change. C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the C-2 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. No OUTDOOR STORAGE will be allowed in the C-2 Zone District. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other than I-3. 1. through 10. — No change. Delete 11. Renumber remainder of list. Remainder of Section — No change. Amend Sec. 23-3-230. C-3 (Business Commercial) Zone District. A. and B. — No change. C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the C-3 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF - WAY and ADJACENT LOTS in any Zone District other than I-3. 5041414 Pages: 17 of 22 07/16/2025 10:54 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO I1'1L014111O11O1O Milk Bill 2025-1989 ORD2025-08 Final Reading Page 18 1. through 13. — No change. Delete 14. Renumber remainder of list. Remainder of Section — No change. Division 4 - Industrial Zone Districts Amend Sec. 23-3-310. I-1 (Light Industrial) Zone District. A. and B. — No change. C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the 1-1 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF - WAY and ADJACENT LOTS in any Zone District other than 1-3. 1. through 9. — No change. Delete 10. Renumber remainder of list. Remainder of Section — No change. Division 5 E (Estate) Zone District Amend Sec. 23-3-415. Uses allowed subject to site plan review. The following USES shall be allowed in the E Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. A. CHURCHES. Delete B. Reletter remainder of list. 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. A. and B. — No change. 5041414 Pages: 18 of 22 07/16/2025 10:54 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO krill NO Dili), 11111 2025-1989 ORD2025-08 Final Reading Page 19 C. Parking of one (1) COMMERCIAL VEHICLE per LEGAL LOT permitted under Division 12 of Article IV of this Chapter. D. WIND GENERATORS requiring a Zoning Permit under Division 6 of Article IV of this Chapter. ARTICLE IV - Supplementary District Regulations and Zoning Permits Division 2 - Signs Amend Sec. 23-4-60. Purposes, intent, and applicability. A. Through D - No change. Add E. SIGNS required by any government agency having jurisdiction shall be exempt from the provisions of this Division and shall not count toward allowable SIGN limits. Amend Sec. 23-4-80. Electronic message displays. A. ELECTRONIC MESSAGE DISPLAYS are only allowed in Commercial and Industrial zoning districts and PLANNED UNIT DEVELOPMENTS with Commercial and Industrial zone USES. Regardless of zoning, limitations on SIGNS on LOTS owned and operate by public agencies shall be the same as for properties located in the C and I zones. For the purpose of this section, "public agencies" shall include, but not be limited to, police, ambulance, and fire stations or facilities, water district OFFICES, PUBLIC SCHOOLS, PUBLIC libraries, and federal, state, and local government agencies. Remainder of Section — No change. Division 5 - Supplementary Regulations for Certain Uses. Remainder of Division — No change. Division 8 - Accessory Dwelling Units Amend 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. through F. — No change. 5041414 Pages: 19 of 22 07/16/2025 10:54 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111 iNcIF ZIlr IN Cllr IMF:11.14Virlh' !VIVI Li, 11111 2025-1989 ORD2025-08 Final Reading Page 20 G. Where the STREET/ROAD providing access is COUNTY -maintained, an ADU must use an existing driveway access. No new Access Permits shall be issued by the COUNTY for an ADU. H. In R (Residential) zone districts and PLANNED UNIT DEVELOPMENTS that allow SINGLE-FAMILY DWELLINGS, 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. through 3. — No change. Remainder of Section — No change. Division 9 — Miscellaneous Regulations Article X - Enforcement Amend Sec. 23-10-50. Relationship to other ordinances. The Department of Building Inspection shall withhold issuance of Building Permits if the USE of the property does not conform to the terms set forth in this Chapter and any other specified County ordinance where made applicable by the terms set forth in the specified ordinance including, but not limited to, those ordinances contained in Chapters 21, 24, 27, and 29 of this Code. Chapter 24 Subdivisions Article I - General Provisions Amend Sec. 24-1-40. Definitions. For the purposes of Chapters 24 and 27, the following words and phrases shall have the meanings stated in this Section: Subdivision or subdivided land: Any parcel of land in the unincorporated County which is to be used for condominiums, apartments or any other multiple -dwelling units, unless such land when previously subdivided was accompanied by a filing which complied with these provisions and with substantially the same density, or which is divided into two (2) or more parcels, separate interests or interests in common, unless exempted under the following subsections. Interests shall include any and all interests in the surface of land but exclude any and all subsurface interests. Interests in the surface of land created by and through surface use agreements for oil and gas facilities or solar energy facilities 5041414 Pages: 20 of 22 07/16/2025 10:54 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO "II 2025-1989 ORD2025-08 Final Reading Page 21 (including 1041 solar energy facilities) are not a subdivision or subdivided land. Unless the method of disposition of property is adopted for the purpose of evading these subdivision regulations set forth in this Chapter, the terms subdivision and subdivided land shall not apply to any division of land: a. through j. — No change. Add k. Which is created by the dedication of road right-of-way that has been accepted by the County after January 1, 2025, and where the remaining lot(s) on one (1) or both sides of the right-of-way is(are) less than thirty-five (35) acres. All other definitions — No change. 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. Publication: May 17, 2025 First Reading: June 16, 2025 Publication: June 20, 2025, in the Greeley Tribune Second Reading: June 30, 2025 Publication: July 4, 2025, in the Greeley Tribune Final Reading: July 14, 2025 Publication: July 18, 2025, in the Greeley Tribune Effective: July 23, 2025 5041414 Pages: 21 of 22 07/16/2025 10:54 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VA)! Yoh II 2025-1989 ORD2025-08 Final Reading Page 22 The Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Ordinance, on motion duly made and seconded, by the following vote on the 14th day of July, A.D., 2025: Perry L. Buck, Chair: Aye Scott K. James, Pro-Tem: Aye Jason S. Maxey: Aye Lynette Peppler: Excused Kevin D. Ross: Excused Approved as to Form: Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board 5041414 Pages: 22 of 22 07/16/2025 10:54 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO i N'flil f: 414 Bill 2025-1989 ORD2025-08 Hello