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HomeMy WebLinkAbout20230875.tiffWELD COUNTY „,27- a`3 CODE ORDINANCE 2023-03 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING OF THE WELD COUNTY CODE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHEREAS, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that Chapter 23 of the Weld County Code be, and hereby is, repealed and re-enacted, with amendments, to read as follows.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: Delete BUILDING COVERAGE. The percentage of a LOT covered by BUILDINGS. HEIGHT: For the purpose of determining the HEIGHT limits in all GREELEY-WELD COUNTY AIRPORT zones set forth in Division 1 of Article V of this Chapter, the datum shall be MEAN SEA LEVEL elevation unless otherwise specified. See also BUILDING HEIGHT. RECREATIONAL VEHICLE: A transportation STRUCTURE or self-propelled vehicle with or without flexible, removable or collapsible walls and partitions, which is: a. thru d. — No change. The term RECREATIONAL VEHICLE shall include: motor home, camper bus and travel trailer, but shall not include pickup trucks with camper shells that do not extend above the cab of PAGE 1 2023-0875 ORD2023-03 the truck. A RECREATIONAL VEHICLE shall not be used for TEMPORARY Storage, TEMPORARY ACCESSORY FARMING USE, TEMPORARY ACCESSORY USE During a Medical Hardship, TEMPORARY ACCESSORY USE as an OFFICE, or as a Principal DWELLING UNIT., except in association with a zoning permit for TEMPORARY USE during construction of a permanent residence. VEHICLE SERVICE/REPAIR ESTABLISHMENT: Any USE of property whereon vehicles such as aLtomobiles, motorcycles, trucks, trailers, RECREATIONAL VEHICLES, MANUFACTUF ED HOMES, boats, farm machinery, construction equipment and other rolling stock are serviced and repaired, including body work, welding and painting. All other definit ons remain unchanged. ARTICLE 111 — Zone Districts Division 1 — A (Agricultural) Zone District Amend Sec. 23-3-60. Uses by special review in subdivisions. The foll swing 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 &pecial Review Permit in accordance with the requirements and procedures set forth in Article I , Division 4 of this Chapter. A. - No change Delete B. BUILDINGS exceeding the maximum BUILDING COVERAGE. Reletter subsecuent items. Amend Sec. 23-3-65. Uses by special review in historic townsites. The foil swing 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. and B. — No change. Delete C. Reletter subsecuent items. Amend Sec. 2:J-3-70. Bulk requirements. The following lists the bulk requirements for the A (Agricultural) Zone District. Land in the A (Agricultural) Zone District is subject to the requirements contained in this Section. PAGE 2 2023-0875 ORD2023-03 A. thru F. — No change. Delete remainder of Section. BUILDING COVERAGE in SUBDIVISIONS and HISTORIC TOWNSITES exceeding ten 0 this Code. BUILDING COVERAGE in SUBDIVISIONS and HISTORIC TOWNSITES shall not exceed the coverage or without an approved and constructed stormwater management plan for the SUBDIVISION or HISTORIC TOWNSITE that allows a specified coverage in excess of the following: 1. Forty percent (40%) on LOTS six thousand square feet or less (≤ 6,000 SF). 0 3. _ Division 5 - E (Estate) Zone District Amend Sec. 23-3-430. Uses by special review. 7 following formula: Maximum BUILDING COVERAGE - (-0.149 x In(LOT acreage)) + 0.1. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the E (Estate) Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. A. — No change. Delete B. BUILDINGS exceeding the maximum BUILDING COVERAGE. Reletter subsequent items. Amend Sec. 23-3-440. Bulk requirements. The following Subsections list the bulk requirements for the E (Estate) Zone District. All BUILDINGS, STRUCTURES, USES, and land in the E (Estate) Zone dDistrict are subject to the requirements contained in this Section: A. thru E. — No change. Delete F. Maximum BUILDING COVERAGE without an approved Use by Special Review or onstructed stormwater management plan for the SUBDIVISION that allows a specified coverage: 10%. PAGE 3 2023-0875 ORD2023-03 Reletter G. thru I. as F. thru H. Delete J. and K ` Reserved. (See Section 23-3-420.) Reletter subsec uent items. ARTICLE IV — Supplementary District Regulations and Zoning Permits Division 3 — Manufactured Homes, Manufactured Structures, and Occupied Recreational Vehicles Amend Sec. 2;J-4-190. Temporary accessory use as office. A. A zonirg permit for the USE of one (1) MANUFACTURED STRUCTURE in the A (Agricultural) Zone District as an OFFICE USE ACCESSORY to the USE allowed by right mad be permitted upon a determination by the Department of Planning Services that: 1. thru 5. — No change. A zoning permit shall not be required for a MANUFACTURED STRUCTURE in the A (Agricultural) Zone District if such proved Special Use Permit, as determined by the Planner.STRUCTURE is already shown on an approved and recorded Use b i Special Review map. Remainder of Section — No change. Division 13 —1- ome Occupation Permits Amend Sec. 2Z -4-990. Home occupation permit requirements. A. and B. — No change. C. Duties cf Department of Planning Services and Board of County Commissioners for a CLASS I HOME OCCUPATION zoning permit. 1 — No (Mange. I 2. The Department of Planning Services shall send notice, mailed first-class, to cwners of LOTS within five hundred (500) feet of the subject property notifying t iem of the application and their opportunity to object to the issuance of the zoning permit, which shall be submitted by returning the signed form sent by the Department of Planning Services within twenty-eight (28)twenty-one (21) days. PAGE 4 2023-0875 ORD2023-03 Remainder of Section — No change BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Municode to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they currently exist within said Code, and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections in said Code BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid The above and foregoing Ordinance Number 2023-03 was, on motion duly made and seconded, adopted by the following vote on the 8th day of May, A D , 2023 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST Mike Freeman, Chair Weld County Clerk to the Board Perry L Buck, Pro-Tem BY Deputy Clerk to the Board Scott K James APPROVED AS TO FORM Kevin D Ross County Attorney Lori Same Date of signature PAGE 5 2023-0875 ORD2023-03 Publication: First Reading: P ublication: Second Reading: P ublication: Final Reading: P ublication: Effective: February 17, 2023 March 27, 2023 April 2, 2023, in the Greeley Tribune April 19, 2023 April 23, 2023, in the Greeley Tribune May 8, 2023 May 14, 2023, in the Greeley Tribune May 19, 2023 PAGE 6 2023-0875 ORD2023-03 Hello