HomeMy WebLinkAbout20251666.tiffpg-nal Wee-etc/4;3
(a - 30 -20
CO U NTY, Co
MEMORANDUM
To. Board of County Commissioners
From: Jim Flesher, Long -Range Planner
Maxwell Nader, Planning Manager
Date: June 30, 2025
Re: Ordinance 2025-08, Chapters 23 and 24 revisions
(Sccond Reading)
Staff proposes to add another revision on second readinc of this ordinance to insert
"COMMERCIAL SCHOOLS" in Section 23-3-40, Uses by special review outside of subdivisions and
historic townsites. Commercial schools are already allowed by USR in the Agricultural zone district
within historic townsites.
Commercial schools are defined as follows in Section 23-1-90:
COMMERCIAL SCHOOL: A SCHOOL established to provide on -site training of business,
trade, commercial, industrial, clerical, managerial or artistic skills, such as a beauty
SCHOOL, ceramic store or driving SCHOOL. This definition applies to SCHOOLS that are
owned and operated privately for profit and that do not typically offer a compete
educational curriculum. This classification excludes establishments that provide traininc
in an activity that is not otherwise generally permitted in the zone district. Incidental
instructional services in conjunction with another prirY-ary USE, such as HOME BUSINESSES
with classes of six (6) or fewer students, shall not be considered a COMMERCIAL SCHOOL.
Staff recommends adoption of Ordinance 2025-07 on second reading with this change.
o?v,?5- /Co 44
Page 1
Second Reading
Page 12
A. through C. — No change
D. CEMETERIES.
E. CHILD CARE CENTERS.
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.
2025-*
ORD2025-08
MEMORANDUM
COUNTY, CO
To: Board of County Commissioners
From: Jim Flesher, Long -Range Planner
Maxwell Nader, Planning Manager
Date: June 16, 2025
Re: Ordinance 2025-08, Chapters 23 and 24,
miscellaneous revisions (First Reading)
This ordinance includes a number of changes mostly of a minor nature that have been on our
code update to-do list for some time. Almost all the changes are in Chapter 23, Zoning. The only
change in Chapter 24, Subdivisions, is the definition of "subdivision or subdivided land" and is
related to the change to the definition of "legal lot" in Chapter 23.
The Board held a worksession with staff on this ordinance on May 27, 2025. The Weld County
Planning Commission reviewed the draft ordinance and recommended approval at its regular
meeting on June 3, 2025.
The definitions being updated include the following (in alphabetical order):
1. ANIMAL UNIT
2. BUILDABLE LOT
3. ENCLOSED
4. HISTORIC TOWNSITE
5. LEGAL LOT
6. LIVESTOCK
7. MASSAGE PARLOR
8. PET SHOP
9. PLANNED UNIT DEVELOPMENT
10. PUBLIC SEWER
11. PUBLIC WATER
12. RECREATIONAL FACILITIES
13. RIGHT-OF-WAY
14. SHOOTING RANGE.
A new definition of "POULTRY" would be added and the following unused definitions would be
deleted:
1. NON -URBANIZING
2. URBANIZING
3. YARD.
In addition to Section 23-1-90, the ordinance also contains minor updates to the part of the code
on rezoning in Article II, clarifying and simplifying the Change of Zone maps. The chair of the
2025-1666
Page 1
Planning Commission would no longer need to sign the mylars for COZs and Uses by Special
Review prior to recording.
There is a minor update to a reference in Section 23-2-900 and some minor updating in Article III
of Chapter 23 regarding golf courses, which fall under the definition of "RECREATIONAL
FACILITIES". Article IV also contains some clean-up items, mainly relating to accessory dwelling
units and signs.
Finally, there is one change to Chapter 24 to update the definition of "subdivision or subdivided
land" to clarify that when a lot is split in two by the acquisition of road right-of-way through the
middle of it, that is not considered a subdivision.
Staff recommends adoption of Ordinance 2025-08 of first reading.
Page 2
Before the Weld County, Colorado, Planning Commission
Resolution of Recommendation to the Board of County Commissioners
Moved by Michael Wades, 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
Planner
Request
Ordinance 2025-08
Jim Flesher
In the Matter of Repealing and Reenacting with Amendments, Chapter 23 Zoning
and Chapter 24 Subdivisions of the Weld County Code (Miscellaneous)
be recommended favorably to the Board of County Commissioners for the following reasons
Section 23-2-120 B 1— That the existing text is in need of revision, as proposed
2 Section 23-2-120 B 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
3 Section 23-2-120 B 3 — That the proposed amendment will be consistent with the overall intent of this
Chapter
Motion seconded by Hunter Rivera
VOTE
For Passage
Butch White
Michael Wailes
Virginia Guderlahn
Barney Hammond
Michael Biwer
Calven Goza
Hunter Rivera
Against Passage Absent
Michael Pahzzi
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, Knsbne 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 June 3, 2025
Dated the 3rd of June, 2025
Knstine Ranslem
Secretary
Chapter 23 - Zoning
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:
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
Tab es 23.1A, 23.1B, and 23.1C, below:
Table 23.1A
ANIMAL UNITS in the A (Agricultural) Zone District
ANIMAL
UNIT
Equivalents
Number
Animals
Equivalent
to
ANIMAL
UNIT
one
of
Maximum Number of Animals
per Acre
Less
Than 120
Gross
Acres
_
Less than
320 Gross
Acres, or
a
Minimum
of 120
Gross
Acres
Less
640
Acres,
a
Minimum
of
Gross
Acres
than
Gross
or
320
640
Acres
Greater,
a
Minimum
of 1
Section
Gross
or
or
Cattle
1
1
4
6
8
10
Bison
1
1
4
6
8
10
Mule/Donkey/Burro
1
1
4
6
8
10
Ostrich/Emu
1
1
4
6
8
10
Elk
1
1
4
6
8
10
Horse
_
1
1
we
4
6
1 8
10
1
1
4
-.Yak
6
8
10
Camel
1
1
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
a
78
104
130
POULTRYPoultry
1 .02
50
200
300
400
500
Rabbit
.02
50
200
300
400
500
Table 23.1B
ANIMAL UNITS in the E (Estate) Zone District
ANIMAL
Equivalents
UNIT
Number
Equivalent
ANIMAL
of Animals
to One
UNIT
Maximum Number Per
Gross Acre
Cattle
1
1
1
Horse
1
1
1
Swine
1
1
1
Mule/Donkey/Burro
1
1
1
Buffo
Sheep
.5
2
f
2
Goat
1
.5
2
2
Llama
.1
10
10
A
paca
.075
13
13
POULTRYPouI
.04
1
25
25
Rabbit
1
.04
25
25
Table 23.1C
ANIMAL UNITS in the R-1 (Low -Density Residential) Zone District
ANIMAL
Equivalents
UNIT
to
Number
One
of
ANIMAL
UNIT
Equivalent
Maximum
Per
LOT
Number
Animals
Cattle
1
1
2
I-orse
1
1
2
Swine
1
a
1
1
Llama
.5
2
4
Alpaca
.5
2
4
Sheep
1 .2
5
10
Goat
2
5
10
POULTRYPoultry
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
o ne -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,
n ot 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 or ALLEY, 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 sign and 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
n ecessarily be a BUILDABLE LOT.
ENCLOSED: An object or activity USE shall be ENCLOSED if all aspects of the object, or c USE are
surrounded completely on all sides of within a BUILDING.
HISTORIC TOWNSITE: 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
createdrecorded 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. except for any property
remo-ved f approval by the 13oar-
LEGAL LOT: As used- in this Chapter, the The term LEGAL LOT shall refer to any of the following:
a. Any LOT created prior to September 20, 1961, prior to the adoption of the Official Subdivision
Regulations for Weld County, Colorado.
Any LOT created between September 20, 1961; and December 15, 1992, in compliance with
the Official Subdivision Regulations, Weld County, Colorado, as amended (referred to as the
"Weld County Subdivision Regulations"), and in conformance with the bulk requirements and
other regulations of the zone district where the LOT is located.
c. Any LOT created between December 15, 1992, and December 28, 2000, in compliance with
the Weld County Subdivision Ordinance, Ordinance No. 173, as amended, and in
conformance with the bulk requirements and other regulations of the zone district where the
LOT is located.
d. Any LOT created after December 28, 2000, in compliance with Chapter 24 of the Weld
County Code, and in conformance with the bulk requirements and other regulations of the
zone district where the LOT is located.
e. Any LOT at least thirty-five (35) acres in size and not part of a plat approved by the COUNTY.
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.
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,
swingy, sheep, goats, POULTRYpoultry, yaks, camels, and rabbits.
W1ASSAGE PARLOR: An establishment that provides ma
MASSAGE THERAPIST.. A person licensed by the state who provides massage treatments on a
COMMERCIAL basis.
1
al boundaries, as amended
PET SHOP: A RETAIL/SERVICE ESTABLISHMENTAn- establishment wherein the primary occupation
is the retail sale or grooming of HOUSEHOLD PETS or the sale of pet supplies.
PLANNED UNIT DEVEEOPMENT (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
se
q
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 which are
constructed, operated or maintained by any group, organization, special district or municipality for the
purpose of providing the members ,
ic• itty with -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 existences 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.A system for the provision to the public
of water -far --human consu • her constructed -conveyances if such -system -has at
least fiftee-n-(-1-5-) service con-nect-ions or reg-u-la serves at least twenty-f+va (25) individuals, and which
meets the reams
private,
includes systems that are owned or operated by
a. Any collection, treatment, storage, and distribution facilities under control -the operator of
tem; and
b. Any collection or pretreatment storage facilities mot under such control which are used
primarily in connection with such system.
PUD (PLANNED UNIT DEVELOPMENT : tudes an area of land, controlled
by -one (1-) or more landowners-, to -be developed under-uh-ified-con-tro-or unified plan of DEVE OPNfEN-T
for a number of DWEL-L4N-O UNITS, COMMERCIAL, educational, recreational, industrial, or other USES,
or any combination of the forego' ,
USE, density, LOT COVERAGE, open space or other restriction to the existing land use regulations. A
PUD is-oreated in accordance with Chapter 27 of this Code.
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 or STRUCTUR€.
SHOOTING RANGE - OUTDOOR: The COMMERCIAL USEuse 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 nonrecurring occasional discharging of firearms on private property with the property
owner's permission.
one -qua
YARD: The --area of a LOT, between a LOT line and the required -SETBACK.
All other definitions — No change
ARTICLE II Procedures and Permits
Division 1 Amendments to Zoning Map
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, Section 2-3-30, Collateral for
improve+e 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
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, Section 2-3-30 Collateral for
improvementboth 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. — No change.
C Upon the Board of County Commissioners making its final decision, a resolution setting forth that
decision will be drafted and signed. A record of such action and a copy of the resolution will be
kept in the files of the Clerk to the Board.
D. The Board of C order to record
the resole hange of Zone is approved, the Department of Planning
Services shall -record the rezoning plat.
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 statedetermined from a certified boundary survey.
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. Certified boundary survey 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.
b. Planning Commission certificate.
6b. Board of County Commissioners certificate.
dc. Property owner's certificate.
Remainder of Section — No change.
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 required in Section 23 2-50.F is recorded.
Division 4 Uses by Special Review
Sec. 23-2-200. Intent and applicability.
A. through H. — No change.
. 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.
Sec, 23-2-260. Application requirements.
4. 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 Planning Commission the Board of County Commissionersand the Clerk to
the Board. The required content of the certificates is available from the Department of
Planning Services.
Remainder of Section — No change.
Sec. 23-2-285. Minor amendments.
A. through H. — No change.
I. SITE SPECIFIC DEVELOPMEN-T FLAN and 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 certificate for the Planning Commission's signature shall be replaced -with
one for the Director of Planning -Services and 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.
A. through C. — No change
D. CEMETERIES.
E CHILD CARE CENTERS.
COMMERCIAL rodeos and COMMERCIAL roping arenae-
CEMETEIES:
CHURCHES.
G COMMERCIAL rodeos and COMMERCIAL roping arenas.
Reletter remainder of Section
Sec. 23-3-55. Uses allowed by permit in subdivisions and historic townsites.
Remainder of Section — No change.
Division 9 Fees
Sec. 23-2-940. General requirement for collateral.
The policy on Collateral as outlined in Chapter 8, Article II, Section 2 -3 -3 -8 --of this Code shall be
followed.
ARTICLE III Zone Districts
Division 1 - A (Agricultural) Zone District
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. D+s-pawl Application of BIOSOLIDS and/or DOMESTIC SEPTAGE permitted under Chapter 14 of
this Code.
F. through I. — No change.
�GoJf cou +ole--I-V of this Chapter.
Re -letter Remainder of Section
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.
E
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
G. Golf courses permittedunderDivision 17 of Article IV of this Chapter
Re -letter remainder of Section
Sec. 23-3-60. Uses by special review in subdivisions.
—he 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.
D. ORGANIC FERTILIZER PRODUCTION/COMPOSTING FACILITIES.
OP. OUTDOOR STORAGE of PUBLIC utility -related equipment.
PQ. Private SCHOOLS.
QR.REPAIR SERVICE ESTABLISHMENT.
RS. RESIDENTIAL THERAPEUTIC CENTERS.
ST. RESTAURANTS.
TU. More than the number of SEMI -TRAILERS as ACCESSORY storage allowed by right or by
permit.
UV. SOLAR/ENERGY FACILITIES (SEF'S), subject to the additional requirements of Section 23-4-
1030.
ing approval of a Use by Special --Review, as detailed in
Division 10 of Article IV of this Chapter.
W. TOWERS 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
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. throu
9
h 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
ORGANIC FERTILIZER PRODUCTION/COMPOSTING FACILITIES.
OUTDOOR STORAGE of PUBLIC utility -related equipment.
ZAA. Private SCHOOLS.
AABB. REPAIR SERVICE ESTABLISHMENT.
BBCC. RESIDENTIAL THERAPEUTIC CENTERS.
CCDD. RESTAURANTS.
D-DEE. RETAIL/SERVICE ESTABLISHMENT.
EEFF. More than the number of SEMI -TRAILERS as ACCESSORY storage allowed by right or
by permit.
I=FGG. SOLAR ENERGY FACILITIES (SEF'S), subject to the additional requirements of Section
23-4-1030.
GG. TOWERS, NONCOMMERCIAL requiring approval -of a Use by Special Review, as deta-i-led -in
Division 10 of Article IV of this Chapter.
HH. TOWERS. -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
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.
3. Golf courses.
4. Police, ambulance. and fire stations or facilities.
5. Private SCHOOLS.
6. RECREATIONAL FACILITIES, PUBLIC and PRIVATE.
Femainder of Section — No change.
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.
3. Golf course-.
4. Police, ambulance, and fire stations or facilities.
5. Private SCHOOLS.
6. RECREATIONAL FACILITIES, PUBLIC and PRIVATE.
Remainder of Section — No change.
Sec. 23-3-130. R-3 (Medium -Density Residential) Zone District.
A. and B. — No change.
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.
3. Golf courses-
4. Police, ambulance, and fire stations or facilities.
5. Private SCHOOLS.
6. RECREATIONAL FACILITIES, PUBLIC and PRIVATE.
7. MULTIFAMILY DWELLINGS with up to six (6) DWELLING UNITS per STRUCTURE
Remainder of Section — No change.
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.
3. Golf courses
4. Police, ambulance. and fire stations or facilities.
5. Private SCHOOLS.
6. RECREATIONAL FACILITIES, PUBLIC and PRIVATE.
7. MULTIFAMILY DWELLINGS.
Remainder of Section — No change.
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.
3. Golf courses
4. Police, ambulance, and fire stations or facilities
5. Private SCHOOLS.
6. RECREATIONAL FACILITIES, PUBLIC and PRIVATE.
Remainder of Section — No change.
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.
6�-0Q0
NA
3,000
3,000
1,500
3400
Minimum
LOT
area
per
DWELLING
NA
NA
UNIT
(sq.
ft.)
C.
50
50
50
1
50
50
Minimum
LOT
width
D.
Minimum
SETBACK
(feet)
20
20
20
20
20
E.
Minimum
OFFSET
(feet)
Five
of
zero
BUILDING
(5)
(0)
feet,
for
attached
or
HEIGHT,
one
(1)
DWELLING
foot
whichever
for
each
is
UNITS,
greater,
three
(3)
where
or
feet
permitted
meeting
Weld
the
County
and
requirements
where
Code.
located
of
along
Chapter
a
party
29
of
wall
the
F.
Maximum
BUILDING
HEIGHT
(feet)
30
30
30
45
.
30
G.
Maximum
LOT
COVERAGE
(c)/0)
50
50
60
70
60
H.
1.
permitted
Maximum
number
per
LOT.
of
ANIMAL
UNITS
2
0
0
0
0
2.
no
Maximum
roosters,
number
permitted
of
per
poultry
LOT.
hens,
N/A
0
0
0
4
I.
Maximum
PETS
per
number
premises
of
HOUSEHOLD
Up
seven
to
four (4)
(7) of
of
two
one (1)
(2) or
species
more
species.
or a total
of
J. Minimum OFFSETS and SETBACKS for EXISTING MANUFACTURED HOME PARKS.
1. — 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
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 I-3.
1. BREW PUBS.
2. CAR WASHES and gas stations.
3. CHILD CARE CENTERS.
4. CHURCHES.
5. COMMERCIAL SCHOOLS.
6. COMMUNITY BUILDINGS.
7. CONTRACTOR'S SHOPS.
8. EVENT FACILITIES.
9. Farm equipment sales, repair, and installation facilities.
10 FUNERAL HOMES and mortuaries.
11. Golf courses.
12. Grain, seed, feed, and fertilizer retail and wholesale sales establishments.
13. HOSPITALS, nursing homes, rehabilitation centers.
14. HOTELS/MOTELS.
15. LUMBERYARDS/WOODWORKING.
16. NIGHTCLUBS, BARS, LOUNGES OR TAVERNS.
17. OFFICES.
18. Police, ambulance; and fire stations or facilities.
19. RECREATIONAL FACILITIES, COMMERCIAL, PUBLIC and PRIVATE.
20. REPAIR SERVICE ESTABLISHMENT.
21. RESTAURANTS.
22. RETAIL/SERVICE ESTABLISHMENTS with a total GROSS FLOOR AREA of up to twenty
thousand (20,000) square feet per LEGAL LOT.
23. SCHOOLS, private.
24. THEATERS and convention halls.
25. Veterinarian clinics and animal hospitals.
26. VEHICLE RENTAL, SALES, SERVICE and/or REPAIR ESTABLISHMENTS.
Remainder of Section — No change.
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 I-3.
1. AGRICULTURAL SUPPORT AND SERVICE.
2. BREW PUBS, BREWERIES, DISTILLERIES. and WINERIES.
3. CAR WASHES and gas stations.
4. CHILD CARE CENTERS.
5. CHURCHES.
6. COMMERCIAL SCHOOLS.
7. COMMERCIAL STORAGE BUILDINGS.
8. COMMUNITY BUILDINGS.
9. CONTRACTOR'S SHOPS.
10. CUSTOM MEAT PROCESSING.
11. DISTRIBUTION CENTERS.
12. EVENT FACILITIES.
13. FUNERAL HOMES and mortuaries.
14 Golf courses.
15 Headquarters or service facilities for taxi services, bus services and other services involving
the transportation of people.
16. HOSPITALS, nursing homes, rehabilitation centers.
17. HOTELS/MOTELS.
18. INDOOR SHOOTING RANGES.
19. LANDSCAPING COMPANIES.
20. LUMBERYARDS/WOODWORKING.
21. NIGHTCLUBS, BARS, LOUNGES OR TAVERNS.
22. OFFICES.
23. OUTDOOR STORAGE, as long as it is SCREENED from PUBLIC RIGHTS -OF -WAY and all
ADJACENT properties.
24. Parking areas and parking STRUCTURES.
25. Police, ambulance, and fire stations or facilities.
26. RECREATIONAL FACILITIES, COMMERCIAL, PUBLIC and PRIVATE.
27. REPAIR SERVICE ESTABLISHMENT.
28. RESTAURANTS.
29. RETAIL/SERVICE ESTABLISHMENTS.
30. SCHOOLS, private.
31. THEATERS and convention halls.
32. VEHICLE RENTAL, SALES, SERVICE and/or REPAIR ESTABLISHMENTS.
33. Veterinarian clinics and animal hospitals.
34. WHOLESALE TRADE ESTABLISHMENTS.
Remainder of Section — No change.
Division 4 Industrial Zone Districts
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 I-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 I-3.
1. AGRICULTURAL SUPPORT AND SERVICE.
2. BREW PUBS, BREWERIES, DISTILLERIES, and WINERIES.
3. CAR WASHES and gas stations.
4. COMMERCIAL SCHOOLS.
5. COMMERCIAL STORAGE BUILDINGS.
6. CONTRACTOR'S SHOPS.
7. CUSTOM MEAT PROCESSING.
8. DISTRIBUTION CENTERS.
9. FUNERAL HOMES and mortuaries.
14. Golf courses-.
11. Headquarters or service facilities for taxi services, bus services and other services involving
the transportation of people.
12. HELIPORTS.
13. HOTELS/MOTELS.
14. INDOOR SHOOTING RANGES.
15. Indoor USES of a manufacturing, fabricating, assembling or warehouse nature.
16. LANDSCAPING COMPANIES.
17. LUMBERYARDS/WOODWORKING.
18. OFFICES.
19. OUTDOOR STORAGE of PUBLIC utility -related equipment.
20. PET CREMATORIES.
21. Police, ambulance, and fire stations or facilities.
22. RECREATIONAL FACILITIES, COMMERCIAL, PUBLIC and PRIVATE.
23. REPAIR SERVICE ESTABLISHMENT.
24. RESTAURANTS.
25. RETAIL/SERVICE ESTABLISHMENTS with a total GROSS FLOOR AREA of up to three
thousand (3,000) square feet per LEGAL LOT.
26. SCHOOLS, private.
27. SOLAR ENERGY FACILITIES (SEF'S), subject to the additional requirements of Section 23-
4-1030.
28. THEATERS and convention halls.
29. VEHICLE RENTAL, SALES, SERVICE and/or REPAIR ESTABLISHMENTS.
30. Veterinarian clinics and animal hospitals.
31. WHOLESALE TRADE ESTABLISHMENTS.
Remainder of Section — No change.
Division 5 E (Estate) Zone District
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.
B- - Golf courses.
C. Police, ambulance, and fire stations or facilities.
D. Private SCHOOLS.
E. RECREATIONAL FACILITIES, PUBLIC and PRIVATE.
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.
C. OIL AND GAS FACILITIES.
1. 1041 WOGLA P-erm+t Required. N -o OIL AN -D GAS FACILITY shall be developed in the E
(Estate) Zone D-i-st A Permit has been -issued in accordance with the
a-pp-lication and hearing procedures set forth in Article VrChapter 21 of this -Code.
DC. Parking of one (1) COMMERCIAL VEHICLE per LEGAL LOT permitted under Division 12 of
Article IV of this Chapter.
E PIPELINES - NATURAL GAS or P
NATURAL GAS permitted under Div -+s
NES
4D
ETRO
UM
RODUCTS O
err
AN
FD. 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
Sec. 23-4-60. Purposes, intent, and applicability.
A. Through D — No change.
E. SIGNS required by any government agency having jurisdiction shall be exempt from the provisions
of this Division and shall not county toward allowable SIGN limits.
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 by Special Review
Remainder of Division — No change.
Division 8 Accessory Dwelling Unitsl
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.
G. Where the STREET/ROAD providing access is COUNTY -maintained, an Are 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. 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.
Remainder of Section — No change.
ARTICLE X Enforcement
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 2421, 24, 27 and 29 of this Code.
CHAPTER 24 - Subdivisions
ARTICLE I General Provisions
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 cpndominiums, apartments or any other multiple -dwelling units, unless such land when previously
subcivided 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 -hrough surface use agreements for oil and gas facilities or solar energy facilities (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. Which creates parcels of land, such that the land area of each of the parcels, when divided
by the number of interests in any such parcel, results in thirty-five (35) or more acres per
interest;
b. Which could be created by any court in the State pursuant to the law of eminent domain, by
o peration of law or by order of any court in this State if the Board of County Commissioners is
given timely notice of any such pending action by the court and given opportunity to join as a
party in interest in such proceeding for the purpose of raising the issue of evasion prior to
e ntry of the court order; and, if the Board of County Commissioners does not file an
appropriate pleading within twenty (20) days after receipt of such notice by the court, then
such action may proceed before the court;
c. Which is created by a lien, mortgage, deed of trust or any other security instruments;
d. Which is created by a security or unit of interest in any investment trust regulated under the
laws of the State or any other interest in an investment entity;
e. Which creates cemetery lots;
f. Which creates an interest in oil, gas, minerals or water which is severed from the surface
ownership of real property;
9�
Which is created by the acquisition of an interest in land in the name of a husband and wife
o r other persons in joint tenancy or as tenants in common, and any such interest shall be
deemed as only one (1) interest;
h. Which is created by the combination of contiguous parcels of land into one (1) larger parcel. If
the resulting parcel is less than thirty-five (35) acres in land area, only one (1) interest in said
land shall be allowed. If the resulting parcel is greater than thirty-five (35) acres in land area,
such land area, divided by the number of interests in the resulting parcel, must result in thirty-
five (35) or more acres per interest. Easements and rights -of -way shall not be considered
interests;
Which is created by a contract concerning the sale of land which is contingent upon the
purchaser's obtaining approval to subdivide, pursuant to this Chapter and any applicable
County regulations, the land which the purchaser is to acquire pursuant to the contract; and
J�
Which is created by agreement to resolve uncertainty; doubt or conflict regarding a common
boundary. A boundary may be determined and permanently established by written agreement
of all parties affected. The agreement must be signed and acknowledged by each property
owner as required for conveyance of real estate. The agreement must be accompanied by a
plat showing the resolution of the boundary in question. The plat and agreement shall be
recorded as an instrument affecting real estate, and shall be binding upon heirs, successors
and assigns.
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.
Summary of the Weld County Planning Commission Meeting
Tuesday, June 3, 2025
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 Chair
Butch White, at 1:30 p.m.
Roll Call.
Present: Butch White, Michael Wailes, Virginia Guderjahn, Barney Hammond, Michael Biwer, Calven Goza,
Hunter Rivera.
Absent: Michael Palizzi.
Also Present: Molly Wright, Lindsay Oliver, Matthew VanEyll, Angela Snyder, Department of Planning
Services; Mike McRoberts and Aaron Maurice, Development Review; Karin McDougal, County Attorney,
and Kris Ranslem, Secretary.
Motion: Approve the May 6, 2025 Weld County Planning Commission minutes, Moved by Michael Wailes,
Seconded by Virginia Guderjahn. Motion passed unanimously.
Case Number: COZ25-0001
Applicant: Josue Alegria Camacho
Planner: Angela Snyder
Request: Change of Zone from the R-1 (Low -Density Residential) Zone District to the A
(Agricultural) Zone District.
Legal Description: The south 358 feet of Lot 3, being part of the SW1/4 SW1/4 of Section 10,
Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado.
Location: East of and adjacent to Cherry Avenue; approximately 300 feet south of East 18th
Street.
Angela Snyder, Planning Services, presented Case COZ25-0001, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
along with conditions of approval and development standards.
Aaron Maurice, Development Review, reported on the existing traffic, access to the site and drainage
conditions for the site.
Josue Alegria, 1846 Cherry Avenue, Greeley, Colorado, stated that they have plastic and tires on site to
cover silage and clarified that there is no oil and gas operations on site. Mr. Alegria said that when they
purchased this land they were told that it was zoned agricultural. He added that their kids are active in 4H
and wish to rezone their property to agricultural.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case COZ25-0001 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Michael Wailes, Seconded by Barney Hammond.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Barney Hammond, Butch White, Calven Goza, Hunter Rivera, Michael Biwer, Michael Wailes, Virginia
Guderjahn.
Case Number: USR25-0007
Applicant: Jerry and Adam Marcovich, c/o Asphalt Specialties, Co., Inc.
Planner: Angela Snyder
1
Request: Use by Special Review Permit for Open Mining and Processing of Minerals (sand
and gravel mining) in the A (Agricultural) Zone District.
Legal Description: Part of the S1/2 of Section 7, Township1 North, Range 66 West of the 6th P.M.,
Weld County, Colorado.
Location: West of and adjacent to U.S. Highway 85; approximately 0.25 miles north of
County Road 10 (section line).
Angela Snyder, Planning Services, presented Case USR25-0007, reading the recommendation and
comments into the record. Ms. Snyder noted that Ft. Lupton had submitted a letter yesterday indicating
that the applicant had addressed all of their conditions and therefore, the City of Ft. Lupton requested those
items to be removed from the Resolution.
Ms. Snyder noted that no correspondence or telephone calls were received from surrounding property
owners. The Department of Planning Services recommends approval of this application along with
conditions of approval and development standards.
Mike McRoberts, Development Review, reported on the existing traffic, access to the site and drainage
conditions for the site.
Sydney Connor, Lewicki & Associates, 9100 Vance Street, Denver, Colorado, stated that she is
representing Asphalt Specialties. Ms. Connor said that this proposed pit will support the existing Chaver's
Pit located to the south. There will be two (2) phases of mining encompassing the 44.3 acres. Mining will
start in the north of the site and move to the south. There will be topsoil/overburden storage outside of the
floodway on the east side of the property.
Ms. Connor stated that the life of the mine will be approximately eight (8) years and it will be reclaimed into
water storage, rangeland, and wildlife habitat.
Ms. Connor provided an overview of the mitigation for the potential impacts regarding noise, wildlife, dust,
water monitoring and traffic impacts.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked Staff if there are any changes to the Resolution. Ms. Snyder stated that they are
requesting the removal of Condition of Approval 1.A.
Motion: Delete Condition of Approval 1.A, Moved by Michael Wailes, Seconded by Hunter Rivera.
Motion carried unanimously.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion: Forward Case USR25-0007 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Barney Hammond, Seconded by Virginia Guderjahn.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Barney Hammond, Butch White, Calven Goza, Hunter Rivera, Michael Biwer, Michael Wailes, Virginia
Guderjahn.
Case Number: USR25-0004
Applicant: 35321 Estate, LLC, c/o RDC CO Weld County RS 72 II, LLC
Planner: Molly Wright
Request: Use by Special Review Permit for a Solar Energy Facility (SEF), outside of
subdivisions and historic townsites in the A (Agricultural) Zone District.
Legal Description: Lot B Amended Recorded Exemption, 1AMRECX18-12-0095, being part of the
S1/2 SE1/4 of Section 4, Township 6 North, Range 66 West of the 6th P.M., Weld
County, Colorado.
2
Location: North of and adjacent to County Road 72; approximately 450 feet west of County
Road 31.
Molly Wright, Planning Services, presented Case USR25-0004, reading the recommendation and
comments into the record. Ms. Wright noted that one letter of opposition was received outlining safety
concerns, potential interference with a gas line, views to the west and a negative impact on property value.
Another letter of opposition was received with eight (8) property owners signatures included. This letter
expressed concerns of a decrease in property values, lack of effective and efficient power generation, the
removal of productive farmland, glare and heat produced from panels, environmental impacts, toxic
chemicals, and the possible affect to aircraft operations. Additionally, one of the eight individuals also sent
a separate letter with concerns of decreased property values and increased traffic counts.
The Department of Planning Services recommends approval of this application along with conditions of
approval and development standards.
Mike McRoberts, Development Review, reported on the existing traffic, access to the site and drainage
concitions for the site.
Commissioner Hammond asked if there are any existing USRs for solar energy facilities surrounding the
site. Ms. Wright replied that there are no solar energy facilities surrounding this site.
James Bentley, Reactivate, 2045 West Grand Ave, Chicago, Illinois, stated that they are proposing a 5
megawatt solar energy facility on 26 acres. This project will generate power for up to 880 homes per year.
They have included a buffer of 500 feet from all residential structures in their plan. Additionally, a fence will
surround the perimeter of the project.
Mr. Bentley stated that this land has been designated as grazing land and has not been irrigated since the
early 2000's. He added that agricultural is not being removed from production at this site.
Mr. Bentley said that they have had several meetings with the Town of Eaton regarding the
Intergovernmental Agreement and added that they have agreed to do a landscape/screening buffer on the
south side of the site. The life span of this project is 35 to 40 years. He added that Eaton's growth area is
expected to expand to that two and one-half mile radius within 30 years. Mr. Bentley said that it is difficult
to decrease that life span and agree to decommissioning in 30 years due to the feasibility of the project
over time so they have not come into an agreement regarding the decommissioning plan.
Mr. Bentley said that they are working under designated haul routes and will enter into an Improvements
and Road Maintenance Agreement.
Commissioner Hammond asked what kind of correspondence was held with the neighbors. Mr. Bentley
said that he reached out to neighbors within 500 feet of the project. He added that there was an effort to
make a community meeting but unfortunately, they were a little late in getting a meeting set and added that
he wanted to talk with the community himself.
Commissioner Hammond asked if Xcel Energy has awarded this project yet. Mr. Bentley replied that they
are currently in the application process with Xcel Energy.
Commissioner Hammond asked how far the panels are away from the closest home. Mr. Bentley said that
the panels are 506 feet to the closest residence.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Eunice Baer, 14915 CR 72, stated that she is the nearest house to this proposed solar energy facility. Ms.
Baer said that there are three (3) large gas pipelines on site and expressed concern regarding the safety
of putting these panels over the pipeline. She suggested moving the panels further to the west where the
land naturally slopes so that it can protect her views to the west.
Patrick McNear, 34499 CR 31, stated that he lives approximately one-half mile south of this project.
Additionally, he said that he had owned a 30 acre parcel south of and adjacent to this site. Mr. McNear
3
stated that he sold that property to a friend to accommodate the allocation of certain water rights that he
owned. Once that use is no longer necessary, he has the right to purchase the land back.
Mr. McNear stated that he agrees with all the statements made in opposition to this project. He added that
this project is a commercial/industrial use and is not consistent or compatible with the surrounding area and
will benefit one party and negatively affect surrounding properties. He asked that this not be recommended
for approval to the County Commissioners.
Lawrence Merritt, 14672 CR 72, stated that he lives directly across County Road 72 to the south. He added
that he submitted the letter with the eight signatures. Mr. Merritt said that there are several big picture
objections listed in the letter on the problems with solar panels and their efficiency. He expressed concern
regarding the decrease in property values, traffic safety and maintenance on County Road 72, toxic
chemicals from the solar panels, and removing farmland from production. He added that none of the eight
landowners were contacted by the company regarding this project.
Jeromie Ritzman, 14774 CR 72, stated that he has farmed and ranched his property since 1988. Mr.
Ritzman expressed concern on his views of this facility, decrease in property values, and that the access
is very near the access to his property.
Shane Powell, 35321 CR 31,stated that he owns the land that the proposed solar facility is proposed. Mr.
Powell said that he supports farmers and oil and gas. He added that he wants to be a good neighbor. He
said that there are no water rights on that land and there is no way to get water there. Mr. Powell said that
they have looked at several solutions on what to do with this land including farmland; however, it is dry and
cannot find a way to get water there. They also have several realtors working with him and have not been
told it will decrease the property values. Mr. Powell said that they are trying to find what is feasible with this
land and looking at all possibilities. He added that if it's a problem with the community then the solar energy
facility won't be probable.
Commissioner Hammond clarified if he is still looking into options for the land. Mr. Powell said that there
are a lot of hurdles before this is approved so he is still researching if the solar energy facility is the best
option.
Commissioner White asked for clarification on the water and asked if the farmland has been dried up. Mr.
Powell said that there is a coffin well adjacent to this site and a ditch where their water rights come in. He
added that the coffin well has to push water all the way up the hill to this site and they can't do it.
Mr. Bentley said that that they will have an Alta Survey performed on the property so it will identify exactly
where those pipelines and easements are located. He added that they will not build upon those areas and
will have crossing agreements with the pipeline owners.
Mr. Bentley said that there are variations to the plan that may change depending on the Alta Survey;
however, he added that by moving it further west they will start moving into the floodplain and setbacks so
they don't have a lot of wiggle room. He added that they have agreed to increased screening on the east
side to protect the site lines. F.
Mr. Bentley offered to provide studies on how the property values are upheld and in some cases increased.
He added that there have been no negative impacts on market values with solar facilities.
Commissioner Wailes referred to the decommissioning plan and asked Mr. Bentley to speak to the
decommissioning cost summary and financial assurance. Mr. Bentley said that they have the obligation of
bringing the site to its original state after decommissioning of the solar facility. The bond is in place if
Reactivate is no longer part of this facility.
Commissioner White asked what the USDA classifies this property as. Ms. Wright said it is mostly prime
farmland if irrigated. He doesn't know that he got an answer if the water is legally dried up. He understands
that there is a well that they can't get the water to the site but asked if that parcel has been legally dried up.
Mr. Bentley said that he is not sure he can answer if it is legally dried up. He added that getting water to
the site is at a high cost to the landowner. Mr. Bentley further added that they don't intend to take agriculture
out of production.
4
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR25-0004 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Michael Wailes, Seconded by Michael Biwer.
Vote: Motion passed (summary: Yes = 5, No = 2, Abstain = 0).
Yes: Barney Hammond, Calven Goza, Hunter Rivera, Michael Wailes, Virginia Guderjahn.
No: Butch White, Michael Biwer.
Commissioner Hammond said that he is frustrated that he didn't have a final plan to look at as he gets
nervous voting on something that is not finalized. He added that he is also frustrated that there wasn't
better communication with the surrounding landowners. •
Commissioner Biwer cited Section 23-2-220.A.3 and doesn't find that it is compatible with the surrounding
land use. He believes there are too many neighbors directly affected. He also cited Section 23-2-220.A.2
regarding the proposed use is consistent with the intent of the ag zone district and said that he is a little
uncertain as to the situation with the water. Mr. Biwer cited Section 23-2-220.A.7 and said that he isn't sure
that this use meets the welfare standard and the potential finance impact and the view. He wishes that
something was to be done on the east side of the road where all the neighbors are versus Eaton which is
miles away.
Commissioner White cited Section 23-2-220.A.2 and doesn't think it is consistent with the intent of the
agricultural zone district. He added that there are too many questions if that farm is going to be taken out
of production. He also cited Section 23-2-220.A.6 and doesn't think the applicant has demonstrated a
diligent effort to conserve prime agricultural land.
The Chair called a recess at 3:32 p.m. and reconvened the hearing at 3:40 p.m.
Case Number: USR25-0005
Applicant: Juan Pablo Gomez Mendiola, c/o RDC CO Weld County Rd 49 LLC
Planner: Matthew VanEyll
Request: Use by Special Review Permit for a Solar Energy Facility (SEF), outside of
subdivisions and historic townsites in the A (Agricultural) Zone District.
Legal Description: N1/2 NW1/4 of Section 19, Township 7 North, Range 64 West of the 6th P.M.,
Weld County, Colorado.
Location: East of and adjacent to County Road 49; south of and adjacent to County Road 80
section line.
Matthew VanEyll, Planning Services, presented Case USR25-0005, reading the recommendation and
comments into the record. Mr. VanEyll noted that there were no written correspondence or telephone calls
received from surrounding property owners.
The Department of Planning Services recommends approval of this application along with conditions of
approval and development standards.
Mike McRoberts, Development Review, reported on the existing traffic, access to the site and drainage
conditions for the site.
James Bentley, Reactivate, 2045 West Grand Avenue, Chicago, Illinois, stated that they are proposing a 3
megawatt solar energy facility on 30 acres. This will generate power for 530 homes for a year. The
landowner is not able to irrigate the eastern portion of his land that is proposed for the solar facility. Mr.
Bentley provided an overview of the mitigation for the potential impacts regarding noise, wildlife habitat,
dust and weeds, and traffic impacts.
Commissioner Biwer referred to the term community solar and said that once it gets to the grid that power
can go anywhere. He added that there is no direct benefit or cost reduction for the local community and
5
asked how that works. Mr. Bentley said that subscribers would subscribe locally and it does go back into
the grid. He added that where the power can be distributed is dependent to the utility.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Edwin Grant, 2411 27. Avenue, stated that he is an Xcel Energy stockholder. He provided comparison on
how much it takes to make energy from coal, oil, gas, solar, and wind.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR25-0005 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Michael Biwer, Seconded by Hunter Rivera.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Barney Hammond, Butch White, Calven Goza, Hunter Rivera, Michael Biwer, Michael Wailes, Virginia
Guderjahn.
Case Number: USR25-0006
Applicant: Noble Energy, Inc., c/o Syrcuit Energy Solutions
Planner: Lindsay Oliver
Request: Use by Special Review Permit for a Solar Energy Facility (SEF), outside of
subdivisions and historic townsites in the A (Agricultural) Zone District.
Legal Description: Part of the SW1/2 of Section 21, Township 6 North, Range 64 West of the 6th P.M.,
Weld County, Colorado.
Location: North of and adjacent to County Road 66; east of and adjacent to County Road
53.
Lindsay Oliver, Planning Services, presented Case USR25-0006, reading the recommendation and
comments into the record. Ms. Oliver noted that no written correspondence or telephone calls were
received from surrounding property owner regarding this project.
The Department of Planning Services recommends approval of this application along with conditions of
approval and development standards.
Mike McRoberts, Development Review, reported on the existing traffic, access to the site and drainage
conditions for the site.
Craig Rasmussen, Syrcuit Energy, 4627 West 20th Street, Greeley, Colorado, stated that site is an old
Chevron site. He added that they will attempt to sell power directly to them for their operation as they
electrify their locations around the area and the rest would be sold to Xcel Energy.
Melissa Truit, Syrcuit Energy, 9333 Rangeview Lane, Littleton, Colorado, stated that they did a full Alta
Survey and the plan incorporates all pipelines and well locations. She added that they will be utilizing the
same access point. Ms. Truit stated that they invited surrounding property owners within 2640 feet of the
property to a community meeting, with three landowners in attendance. She added that none of the
landowners had any concerns.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR25-0006 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Virginia Guderjahn, Seconded by Barney Hammond.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
6
Yes: Barney Hammond, Butch White, Calven Goza, Hunter Rivera, Michael Biwer, Michael Wailes, Virginia
Guderjahn.
Case Number:
Planner:
Request:
Ordinance 2025-08
Jim Flesher
In the Matter of Repealing and Reenacting with Amendments, Chapter 23 Zoning
and Chapter 24 Subdivisions of the Weld County Code (Miscellaneous)
Jim Flesher, Planning Services, presented Ordinance 2025-08, and provided a brief overview of the
proposed code changes. The Department of Planning Services recommends approval of this Ordinance.
Motion: Forward Ordinance 2025-08 to the Board of County Commissioners along with the Planning
Commission's recommendation of approval, Moved by Michael Wailes, Seconded by Hunter Rivera.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Barney Hammond, Butch White, Calven Goza, Hunter Rivera, Michael Biwer, Michael Wailes, Virginia
Guderjahn.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss. No one
wished to speak.
Meeting adjourned at 4:19 p.m.
Respectfully submitted,
Kristine Ranslem
Secretary
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MEMORANDUM
COUNTY, CO
To: Weld County Planning Commission
From: Jim Flesher, Long -Range Planner
Date: June 3, 2025
Re: Ordinance 2025-08, Chapters 23 and 24,
miscellaneous cleanup revisions
This ordinance includes a number of changes mostly of a minor nature that have been on our
code update to-do list for some time. Almost all the changes are in Chapter 23, Zoning. The only
change in Chapter 24, Subdivisions, is the definition of "subdivision or subdivided land" and is
related to the change to the definition of "legal lot" in Chapter 23. This memo will summarize the
proposed revisions, though not always in the order they appear in the code.
Article I, Section 23-1-90, Definitions.
The definition of "animal unit" contains tables with allowable number of livestock based on
the acreage and zoning of a property. At some point, it may be worth reviewing those tables
in depth. For the moment, staff just proposes a couple of "cleanup" items. Currently, the table
for the Agricultural zone lists mules, but not donkeys or burros; whereas the table for the Estate
zone lists mules and burros separately, but not donkeys. We would like to revise the tables to
both read "Mule/Donkey/Burro". (Mules are hybrid offspring of donkeys and horses, while
burros are a type of donkey.)
Along with the change to "animal unit", staff would propose updating the definition of
"livestock" to include donkeys, alpacas, and emus. Alpacas are already listed in the animal
unit tables but are not currently included in the definition of "livestock".
There is also an issue with the term "poultry" listed in the tables for animal units and in the
definition of "livestock", since "poultry" is not defined in Chapter 23, but ostriches are listed
separately from poultry and their numbers are much more restricted. (In the Ag zone, a one -
acre lot is allowed to have one ostrich but 50 of other species of poultry.) The common
dictionary definition of "poultry" would usually include ostriches. Staff proposes defining
"poultry" to exclude ostriches, as well as emus, and to change the listing for ostriches in the
animal unit table for the Ag zone to "Ostrich/Emu".
Moving on to the definition of "buildable lot", this is minor wording change to clarify that in
order for a lot to buildable, the lot must have a permitted access and the buildings must meet
bulk requirements, such as setbacks, unless a variance is granted. This is related to the update
to "legal lot", because a legal lot may not necessarily be buildable.
The term "legal lot" would be defined to include lots on either side of a road right-of-way
(ROW) when that ROW is accepted by the County after January 1 of this year. This means that
when the County purchases land for road ROW through a property owner's lot, bisecting the
lot, the result is two separate, legal lots, as opposed to being one lot with a road ROW running
through it. This avoids the possibility of an accessory dwelling unit being on the other side of a
road from the principal dwelling, and may allow a principal dwelling and accessory dwelling
on each side, as long as setbacks and other requirements can be met, and depending on
the zoning.
Page 1
Similarly, the definition of "subdivision" in Chapter 24 would be revised to clarify that when a
road ROW splits a lot into two legal lots, that is not a "subdivision".
A minor clarification for "enclosed" is proposed. In short, "enclosed" means inside a building
(as opposed to "screened", which may be outside of a building but shielded from view by a
fence, etc.).
The definition of "historic townsite" would be updated to remove language about removing
property from the townsite. The County currently does not allow a partial vacation of a historic
townsite. A more in-depth review of this definition and the regulations for historic townsites
may be undertaken after the Comprehensive Plan update.
The outdated term "massage parlor" will be updated to "message therapist".
The term "non -urbanizing" is no longer used in Chapter 23. This and "urbanizing" relate to storm
drainage, which was moved from Chapter 23 to Chapter 8 several years ago.
A minor change to "pet shop" would clarify that it is a "retail/service establishment", which is
a defined term. Pet shops are not listed separately in Article III. They are allowed wherever
retail/service establishments are allowed.
The ordinance would define "Planned Unit Development (PUD)" as: "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." The current definition, which will be
deleted, is: "PUD (PLANNED UNIT DEVELOPMENT): A zoning district which includes an area of
land, controlled by one (1) or more landowners, to be developed under unified control or
unified plan of DEVELOPMENT for a number of DWELLING UNITS, COMMERCIAL, educational,
recreational, industrial, or other USES, or any combination of the foregoing, the plan for which
may not correspond in LOT size, bulk or type of USE, density, LOT COVERAGE, open space or
other restriction to the existing land use regulations. A PUD is created in accordance with
Chapter 27 of this Code."
The definitions of "public sewer" and "public water" would be updated to clarify these
services come from service districts, municipalities, and the like, not private systems. "Public
water" does not include districts for irrigation water, as it specifies "potable water for human
consumption". It does include existing water associations, such as the one in Aristocrat
Ranchettes, but not new ones. The current definition refers to systems with "at least fifteen (15)
service connections or regularly serves at least twenty-five (25) individuals" and has led to
confusion.
The definitions of "recreational facilities" is proposed for minor updating for consistency. The
change would mean golf courses could be either private or commercial rec facilities. (More
on golf courses below under Article III.)
"Right -of -Way" would be updated to include right-of-way for annexed roads and state
highways.
The definitions of "shooting range", both indoor and outdoor, would be updated to clarify this
relates to "commercial" operations, which is a defined term, because we get calls from time
to time about people shooting on their or a friends land, which is not a defined use and which
we consider accessory to the agricultural or residential use of the property.
Lastly, for the definitions section, "urbanizing" and "yard" are no longer used in the chapter
and will be deleted.
Page 2
Article II, Division 1, Amendment to Zoning Map (Changes of Zone)
Moving on from definitions, we are proposing some minor changes to the rezoning sections.
Again, a more complete rewrite will be discussed later. References regarding improvements
agreements would be updated since they were moved from Chapter 2 to Chapter 8.
We have also received feedback from surveyors about some of the language in the COZ plat
requirements section. A physical survey in the field is not actually required. We just need a
map and legal description that will allow the GIS Department to update the zoning layer on
the Property Portal. The updated language will reflect this.
We are also proposing to remove the requirement for the chair of the Planning Commission to
sign the COZ plat before it is recorded, which should expedite this process.
Division 4, Uses by Special Review (USRs1
• A provision would be added to clarify that a USR is not required in addition to a 1041 for those
activities designated in Chapter 21.
• As with COZs, we are also proposing to remove the requirement for the chair of the Planning
Commission to sign the USR plat.
Division 9, Fees
• There is a minor change updating a code chapter reference.
Article III, Zone Districts
The term "golf courses" is not defined but is included in the definition of "recreational facilities"
mentioned above. Therefore, "golf courses" should not be listed as a separate use in Article
III. The term will be removed from all zone districts, but this does not change whether golf
courses are actually allowed there, since they are covered by "recreational facilities".
The word "application" would be substituted for "disposal" regarding biosolids and domestic
septage.
A few terms relating to towers would be reworded to be consistent. Currently, some sections
read "noncommercial towers" and some read "towers, noncommercial". There are also some
minor changes to correct the alphabetical order of uses listed.
Since accessory dwelling units (ADUs) are allowed wherever single-family dwellings are
allowed, we need to update the bulk standards for the R zones. The current language would
require 12,000 square feet in order to build an ADU on an R-1 lot, rather than 6,000 square feet,
which is the minimum lot size. The change would allow ADUs on 6,000 square -foot lots.
Language in the setbacks section for manufactured home parks would be added to specify
that structures are not allowed to encroach within or obstruct travel lanes, flow lines, and
sidewalks. In manufactured home parks, the roads are private, so standard setbacks do not
apply. It is unlikely the park owner would allow structures to obstruct these areas, but adding
it to the code may be a good idea.
Ordinance 2021-09 was intended to remove WOGLAs and LAPs (oil and gas) from being listed
in all zone districts, since the ordinance moved them to Chapter 21, which states they are
allowed in all zone districts; however, an oversight neglected to remove them from the Estate
zone. Ordinance 2025-08 will correct this.
Article IV, Supplementary District Regulations and Zoning Permits
• A couple additions to the sign code would allow municipalities and other governmental
agencies with property in unincorporated areas to erect electronic message displays (reader
Page 3
boards) on their property and would clarify that signage required by any government agency
does not count against the property's total allowable signage.
There is a minor change to the title of Division 5, Article IV, since some of the regulations now
pertain to ZPAGs as well.
In the regulations on ADUs, a clarification would be made regarding unincorporated
properties where the road that provides access is not county -maintained.
Also in the ADU regulations, we would clarify that PUDs that allow single-family dwellings are
treated as though they were zoned Residential, which means an ADU would either need to
connect to public water and public sewer or, in order to be allowed to utilize a septic system,
the lot would need to be at least one acre and public sewer lines would need to be at least
400 feet from the property. Under the current code, this is unclear.
There is a minor cleanup item in Article X, Enforcement. A reference to Chapter 20 (impact
fees) would be changed to Chapter 21 (1041s).
Page 4
1. I had missed removing golf courses from 23-3-415. Please add that section and
delete B from it.
2. It was decided to leave Sections 23-2-10 and 23-2-20 as they are for now. I deleted
them from the attached.
3. Kris, I'm sorry, there was also an earlier change to "legal lot" to have g read: Any LOT
officially recognized by Weld County as a LEGAL LOT prior to January 1, 2025.
4. Kris, would you mind making one more change to the ordinance?
MASSAGE THERAPIST: A person licensed by the state who provides massage
treatments on a COMMERCIAL basis.
Hello