Loading...
HomeMy WebLinkAbout20250238.tiffWeld County Code Ordinance 2024-18 In the matter of repealing and reenacting, with amendments, Chapter 23 Zoning of the Weld County Code Be it ordained by the Board of County Commissioners of the County of Weld, State of Colorado: Whereas, the Board of County Commissioners of 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Commissioners of the County of Weld, State of Colorado, that Chapter 23 of the Weld County Code be, and hereby is, repealed and re-enacted, with amendments, to read as follows. Chapter 23 Zoning Article I — General Provisions Amend Sec. 23-1-90. Definitions. The following specific words and phrases, when appearing in this Chapter in uppercase letters, shall have the meanings stated in this Section: Add LICENSED PREMISES PURSUANT TO THE COLORADO NATURAL MEDICINE CODE: The premises specified in an application for a license pursuant to the Colorado Natural Medicine Code (C.R.S. §44-50-101, et seq.) that the licensee owns or is in possession of and within which the licensee is authorized to cultivate, manufacture, test, store, distribute, transport, transfer, or dispense regulated natural medicine or regulated natural medicine product in accordance with the Colorado Natural Medicine Code. Remainder of Section — No change. 5009495 Pages: 1 of 5 02/04/2025 10:50 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO IIII 111111 CC:CTB(E6/cw/SR) CR(ALL), 2025-0238 FZ(c)/so/ss/►B),AcT(ca/ O%D2024-18 PL (DEMN/KR/SF/oAMN/L�.. o2/i l/25 Final Reading Page 2 Article Ill — Zone Districts Division 3 — Commercial Zone District Amend the last sentence of Sec. 23-3-210.C, Sec. 23-3-220.C, Sec. 23-3-230.C, and Sec. 23-3-240.C to read as follows: 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. Division 4 - Industrial Zone Districts Amend Sec. 23-3-310.1-1 (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 RIGHT-OF-WAY and ADJACENT LOTS in any Zone District other than 1-3. 1 through 16 — No change. Insert new 17, and renumber remainder of C. 17. LICENSED PREMISES PURSUANT TO THE COLORADO NATURAL MEDICINE CODE, subject to the limitations in Chapter 23, Article IV, Division 19. Remainder of Section — No change. Amend Sec. 23-3-320. 1-2 (Medium Industrial) Zone District. A. and B. — No change. C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the 1-2 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 14 — No change. Insert new 15, and renumber remainder of C. 5009495 Pages: 2 of 5 02/04/2025 10:50 AM R Fee:$0.00 11110A1411141::Waaillgitli4a eld CountyCO��,��4�K 'k W "Ill 2025-0238 ORD2024-18 Final Reading Page 3 15. LICENSED PREMISES PURSUANT TO THE COLORADO NATURAL MEDICINE CODE, subject to the limitations in Chapter 23, Article IV, Division 19. Remainder of Section — No change. Amend Sec. 23-3-330. 1-3 (Heavy Industrial) Zone District. A. and B. — No change. C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the 1-3 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. 1 through 17 — No change. Insert new 18, and renumber remainder of C. 18. LICENSED PREMISES PURSUANT TO THE COLORADO NATURAL MEDICINE CODE, subject to the limitations in Chapter 23, Article IV, Division 19. Remainder of Section — No change. Article IV — Supplementary District Regulations and Zoning Permits Add Division 19 - Licensed Premises Pursuant to the Colorado Natural Medicine Code Amend Sec. 23-4-1400. Licensed Premises Pursuant to the Colorado Natural Medicine Code. All LICENSED PREMISES PURSUANT TO THE COLORADO NATURAL MEDICINE CODE shall comply with all of the following provisions: A. No LICENSED PREMISES PURSUANT TO THE COLORADO NATURAL MEDICINE CODE shall operate within the unincorporated area of Weld County without a valid natural medicine license from the State of Colorado Department of Revenue. B. No LICENSED PREMISES PURSUANT TO THE COLORADO NATURAL MEDICINE CODE shall be established within one thousand (1,000) feet of a state - licensed CHILD CARE CENTER; a state -licensed preschool; a public, independent, or parochial school which satisfies the compulsory school attendance requirements appearing in the School Attendance Law of 1963, 5009495 Pages: 3 of 5 02/04/2025 10:50 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO 2025-0238 ORD2024-18 Final Reading Page 4 Title 22, Article 33, C.R.S.; a state -licensed FAMILY CHILD CARE HOME; a HOSPITAL; a CHURCH; an alcohol or drug treatment facility; a campus of a college, university, or seminary; a state -licensed assisted living residence, as referred to in C.R.S. Section 25-27-102(1.3); or a state -licensed nursing home facility, as referred to in C.R.S. Section 12-265-103(4). Such distance shall be measured from the nearest property line of the land used for a school or facility to the nearest portion of the BUILDING in which natural medicine services are provided, using a route of direct pedestrian access. Be it further ordained by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Municode to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections in said Code. Be it further ordained by the Board, if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. The Board of County Commissioners of Weld County, Colorado, adopted the above and foregoing Ordinance, on motion duly made and seconded, by the following vote on the 27th day of January, A.D., 2025: Perry L. Buck, Chair: Aye Scott K. James, Pro-Tem: Aye Jason S. Maxey: Aye Lynette Peppier: Aye Kevin D. Ross: Aye Approved as to Form: Bruce Barker, County Attorney Attest Esther E. Gesick, Clerk to the Board 5009495 Pages: 4 of 5 02/04/2025 10:50 AM R Fee:$0.00 Carly Koppes, Clark and Recorder, Weld County , CO VIII FAJIIM'iIiVICIIA' E,Y rI «l4ICAI1 KM BIM 2025-0238 ORD2024-18 Final Reading Page 5 First Reading: December 16, 2024 Publication: December 21, 2024, in the Greeley Tribune Second Reading: January 6, 2025 Publication: January 11, 2025 Final Reading: January 22, 2025 Continued to: January 27, 2025 Publication: January 31, 2025 Effective: February 5, 2025 5009495 Pages: 5 of 5 02/04/2025 10:50 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII Kuzma L'hi ll+LhfolLifi: h+illly II III 2025-0238 ORD2024-18 Weld County Code Ordinance 2024-18 RtadiAj (Markup) In the matter of repealing and reenacting, with amendments, Chapter 23 Zoning of the Weld County Code Be it ordained by the Board of County Commissioners of the County of Weld, State of Colorado: Whereas, the Board of County Commissioners of 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 Chapter 23 of the Weld County Code be, and hereby is, repealed and re-enacted, with amendments, to read as follows. Chapter 23 Zoning Article I — General Provisions Amend Sec. 23-1-90. Definitions. The following specific words and phrases, when appearing in this Chapter in uppercase letters, shall have the meanings stated in this Section: Add LICENSED PREMISES PURSUANT TO THE COLORADO NATURAL MEDICINE CODE: The premises specified in an application for a license pursuant to the Colorado Natural Medicine Code (C.R.S. §44-50-101, et seq.) that the licensee owns or is in possession of and within which the licensee is authorized to cultivate, manufacture, test, store, distribute, transport, transfer, or dispense regulated natural medicine or regulated natural medicine product in accordance with the Colorado Natural Medicine Code. Remainder of Section — No change. 2025-0238 ORD2024-18 Final Reading Page 2 Article Ill — Zone Districts Division 3 — Commercial Zone District Amend the last sentence of Sec. 23-3-210.C, Sec. 23-3-220.C, Sec. 23-3-230.C, and Sec. 23-3-240.C to read as follows: 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. Division 4 - Industrial Zone Districts Amend Sec. 23-3-310.1-1 (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 RIGHT-OF-WAY and ADJACENT LOTS in any Zone District other than 1-3. 1 through 16 — No change. Insert new 17, and renumber remainder of C. 17. LICENSED PREMISES PURSUANT TO THE COLORADO NATURAL MEDICINE CODE, subject to the limitations in Chapter 23, Article IV, Division 19. Remainder of Section — No change. Amend Sec. 23-3-320. 1-2 (Medium Industrial) Zone District. A. and B. — No change. C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the 1-2 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 14 — No change. Insert new 15, and renumber remainder of C. 2025-0238 ORD2024-18 Final Reading Page 3 15. LICENSED PREMISES PURSUANT TO THE COLORADO NATURAL MEDICINE CODE, subject to the limitations in Chapter 23, Article IV, Division 19. Remainder of Section — No change. Amend Sec. 23-3-330. 1-3 (Heavy Industrial) Zone District. A. and B. — No change. C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the 1-3 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. 1 through 17 — No change. Insert new 18, and renumber remainder of C. 18. LICENSED PREMISES PURSUANT TO THE COLORADO NATURAL MEDICINE CODE, subject to the limitations in Chapter 23, Article IV, Division 19. Remainder of Section — No change. Article IV — Supplementary District Regulations and Zoning Permits Add Division 19 - Licensed Premises Pursuant to the Colorado Natural Medicine Code Sec. 23-4-1400. Licensed Premises Pursuant to the Colorado Natural Medicine Code. All LICENSED PREMISES PURSUANT TO THE COLORADO NATURAL MEDICINE CODE shall comply with all of the following provisions: A. No LICENSED PREMISES PURSUANT TO THE COLORADO NATURAL MEDICINE CODE shall operate within the unincorporated area of Weld County without a valid natural medicine license from the State of Colorado Department of Revenue. B. No LICENSED PREMISES PURSUANT TO THE COLORADO NATURAL MEDICINE CODE shall be established within one thousand (1,000) feet of a state - licensed CHILD CARE CENTER; a state -licensed preschool; a public, independent, or parochial school which satisfies the compulsory school attendance requirements appearing in the School Attendance Law of 1963, 2025-0238 ORD2024-18 Final Reading Page 4 Title 22, Article 33, C.R.S.; Of a state -licensed FAMILY CHILD CARE HOME; a HOSPITAL; a CHURCH; an alcohol or drug treatment facility; a campus of a college, university, or seminary; a state -licensed assisted living residence, as referred to in C.R.S. Section 25-27-102(1.3); or a state -licensed nursing home facility, as referred to in C.R.S. Section 12-265-103(4). Such distance shall be measured from the nearest property line of the land used for a school or facility to the nearest portion of the BUILDING in which natural medicine services are provided, using a route of direct pedestrian access. Be it further ordained by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Municode to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections in said Code. Be it further ordained by the Board, if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. The Board of County Commissioners of Weld County, Colorado, adopted the above and foregoing Ordinance, on motion duly made and seconded, by the following vote on the 27th day of January, A.D., 2025: First Reading: December 16, 2024 Publication: December 21, 2024, in the Greeley Tribune Second Reading: January 6, 2025 Publication: January 11, 2025 Final Reading: January 22, 2025 Continued to: January 27, 2025 Publication: January 31, 2025 Effective: February 5, 2025 2025-0238 ORD2024-18 Hello