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Home My WebLink About20231426.tiffWELD COUNTY CODE ORDINANCE 2023-06 i-0202 _ 025 12 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING AND CHAPTER 29 BUILDING REGULATIONS, OF THE WELD COUNTY CODE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHEREAS, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows. CHAPTER 23 ZONING 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 AGRICULTURAL BUILDING: As defined in Article I of Chapter 29. Remainder of Section — No changes. ARTICLE III — Zone Districts Division I — A (Agricultural) Zone District Amend Sec. 23-3-20. Uses allowed by right outside of subdivisions and historic townsites. No BUILDING, STRUCTURE or land shall be used and no BUILDING or STRUCTURE PAGE 1 2023-1426 ORD2023-06 shall hereafter be erected, structurally altered, enlarged or maintained in the A (Agricultural) Zone District on LOTS outside of SUBDIVISIONS and HISTORIC TOWNSITES except for one (1) or more of the following USES. Add A. AGRICULTURAL BUILDINGS on LOTS of thirty-five (35) acres or more. A. thru D. — No changes. Reletter A. thru D. as B. thru E. EF. FARMING and GARDENING., including STRUCTURES for storage of agricultural equipment and agricultural products and confinement or protection of LIVESTOCK. Converted, partially dismantled, modified, altered or refurbished MANUFACTURED LIVESTOCK. Remainder of Section — No change. Reletter F. thru N. to G. thru O. Amend Sec. 23-3-30. Accessory uses outside of subdivisions and historic townsites. The following BUILDINGS, STRUCTURES and USES shall be allowed in the A (Agricultural) Zone District on LOTS outside of SUBDIVISIONS and HISTORIC TOWNSITES so long as they are clearly incidental and ACCESSORY to an allowed USE. Add A. AGRICULTURAL BUILDINGS on LOTS between five (5) and thirty-five (35) acres and in bona fide agricultural USE, as determined by the Department of Planning Services. A. thru G. — No change. Reletter A. thru G. as B. thru H. HI. STRUCTURES and BUILDINGS.. excluding AGRICULTURAL BUILDINGS, ACCESSORY to USES permitted under Section 23-3-20 or Section 23-3-35. Remainder of Section — No change. Reletter I. and J. as J. and K. Amend Sec. 23-3-45. Uses allowed by right in subdivisions and historic townsites. No BUILDING, STRUCTURE or land shall be used, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the A (Agricultural) Zone District in SUBDIVISIONS or HISTORIC TOWNSITES except for one (1) or more of the following USES: Add A. AGRICULTURAL BUILDINGS on LOTS of thirty-five (35) acres or more. A. thru C. — No change. Reletter A. thru C. as B. thru D. DE. FARMING and GARDENING_ RES for storage of agricultural PAGE 2 2023-1426 ORD2023-06 HOMES shall -met- agricultural eq-u4p-me LIVESTOCK. products or confinement or protection of Remainder of Section — No change. Reletter E. thru L. as F. thru M. Amend Sec. 23-3-50. Accessory uses in subdivisions and townsites. The following BUILDINGS, STRUCTURES and USES shall be allowed in the A (Agricultural) Zone District on LOTS in SUBDIVISIONS and HISTORIC TOWNSITES so long as they are clearly incidental and ACCESSORY to an allowed USE: Add A. AGRICULTURAL BUILDINGS on LOTS between five (5) and thirty-five (35) acres and in bona fide agricultural USE, as determined by the Department of Planning Services. A. thru F. — No change. Reletter A. thru F. as B. thru G. . STRUCTURES and BUILDINGS excluding AGRICULTURAL BUILDINGS, ACCESSORY to USES permitted under Section 23-3-45 or Section 23-3-55. Remainder of Section — No change. Reletter H. and I. as I. and J. ARTICLE IV — Supplementary District Regulations and Zoning Permits Division 16 — Cargo containers Amend Sec. 23-4-1100. Cargo containers used for storage, an office, a dwelling or any habitable use. A CARGO CONTAINER shall require the issuance of a building permit and compliancecomply with all applicable provisions of this Code, including but not limited to, Chapter 29 and Article 1/2/XI of this Chapter. The following conditions shall apply: A. Electricity is the only utility that shall be connected to a CARGO CONTAINER used solely for storage. CARGO CONTAINERS designed and retrofitted for habitation may be connected to wet and dry utilities such as water, sewer and electricity upon issuance of applicable required permits. CARGO CONTAINERS without building permits shall be used solely for storage and shall not be connected to water or sewer or any other utility except electricity. Electrical permits are required for connections to electricity service. B A CARGO CONTAINER shall not be allowed to fall into a state of disrepair. Such disrepair may include a CARGO CONTAINER that is partially or totally damaged by fire, earthquake, wind or other natural causes, or is in a state of general dilapidation, deterioration or decay resulting from a lack of maintenance, vandalism or infestation with vermin or rodents. Any such CARGO CONTAINER shall be restored to, and maintained in, the original condition it was in at the time it was placed on the site as established by t-- - - - •- - - ■-- - ••-- - -• - ••, or it shall be removed PAGE 3 2023-1426 ORD2023-06 from the site. C CARGO CONTAINERS outside of Industrial (I-2 and 1-3) zone districts shall not be stacked on top of each other unless incorporated into a STRUCTURE with a building permit in conformance with Chapter 29 of this Code. CARGO CONTAINERS in Industrial (I-2 and 1-3) zone districts shall not be stacked more than three (3) containers high. Remainder of Section — No change. CHAPTER 29 BUILDING REGULATIONS ARTICLE I - General Provisions Amend Sec. 29-1-20. Definitions. As used in this Building Code, unless the context otherwise requires, the following definitions shall apply: Amend the following definition: Agricultural building means a structure designed and constructed to housebuildings or structures on property in the A (Agricultural) Zone District for the sole purposes of housing farm implements, hay, grain, poultry, livestock or other horticultural products. This structure shall not be a place of human habitation or a place of employment where agricultural products are processed, treated or packaged, nor shall it be a place used by the public for any purpose. Agricultural buildings are limited exclusively to unconditioned Group U Occupancies, as defined by the International Building Code adopted by reference in Section 29-2-20 of this Code. All other occupancy types are required to be permitted appropriately as either accessory or commercial buildings. Manufactured buildings and vehicles shall not be utilized as agricultural buildings, whether modified or not. I I Add the following definition in alphabetic order: Cargo container has the same meaning as in Article I of Chapter 23. ARTICLE III — Building Permits Amend Sec. 29-3-20. Exemptions. A. — No change. B. A building permit shall not be required for: 1. thru 12 — No change. 13. Agricultural buildings. A permit and certificate of compliance issued by the PAGE 4 2023-1426 ORD2023-06 Department of Planning Services for an agricultural building with a floor area exceeding two hundred (200) square feet is required even though a building permit is not. Such building shall meet all applicable requirements of this Code, including, but not limited to, building codes, setbacks, offsets, and flood hazard requirements. Delete a. to be completed, signed and filed with the Department of Planning Services, so as to indicate the owner will construct the structure in acc _ , 14. thru 19. — No change. Add 20. Cargo containers, as long as they are not modified from the original construction and are not used for any purpose other than storage. BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Municode to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections in said Code. BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. PAGE 5 2023-1426 ORD2023-06 The c Bove and foregoing Ordinance Number 2023-06 was, on motion duly made and seconded, ac opted by the following vote on the 19th day of June, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Weld County Clerk to the Board BY: Deputy clerk to the Board APPROVED AS TO FORM: County /Attorney Date of signature: P ublication: First Readinc: P ublication: Second Reac ing: Publication: Final Reading: P ublication: Effective: April 21, 2023 (AYE) Mike Freeman, Chair (AYE) Perry L. Buck, Pro -Tern (AYE) Scott K. James (AYE) Kevin D. Ross (NAY) Lori Saine May 22, 2023 May 26, 2023, in the Greeley Tribune June 5, 2023 June 9, 2023, in the Greeley Tribune June 19, 2023 June 23, 2023, in the Greeley Tribune June 28, 2023 PAGE 6 2023-1426 ORD2023-06 Hello