HomeMy WebLinkAbout20231277.tiffWELD COUNTY
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repealed and re-enacted, with amendments, to read as follows.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.
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
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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 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 automobiles, motorcycles, trucks, trailers, RECREATIONAL VEHICLES,
MANUFACTURED HOMES, boats, machinery, construction equipment and other rolling stock
are serviced and repaired, including body work, welding and painting.
All other definitions remain unchanged.
ARTICLE III — Zone Districts
Division 1 — A (Agricultural) Zone District
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. - No change.
Delete B.
Reletter subsequent items.
Amend Sec. 23-3-65. Uses by special review in historic townsites.
The following BUILDINGS, STRUCTURES and USES may be constructed, occupied,
operated and maintained on LOTS in HISTORIC TOWNSITES in the 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 subsequent items.
Amend Sec. 23-3-70. 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.
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A. thru F. — No change.
Delete remainder of Section.
Division 5 — E (Estate) Zone District
Amend Sec. 23-3-430. Uses by special review.
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.
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 District are subject to the
requirements contained in this Section:
A. thru E. — No change.
Delete F.
Reletter G. thru I. as F. thru H.
Delete J. and K.
Reletter subsequent items.
ARTICLE IV — Supplementary District Regulations and Zoning Permits
Division 3 — Manufactured Homes, Manufactured Structures, and Occupied Recreational
Vehicles
Amend Sec. 23-4-190. Temporary accessory use as office.
A. A zoning 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 may be permitted upon a determination by the Department of Planning Services that:
1. thru 5. — No change.
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A zoning permit shall not be required for a MANUFACTURED STRUCTURE in the
A (Agricultural) Zone District if such STRUCTURE is already shown on an approved and recorded
Use by Special Review map.
Remainder of Section — No change.
Division 13 — Home Occupation Permits
Amend Sec. 23-4-990. Home occupation permit requirements.
A. and B. — No change.
C. Duties of Department of Planning Services and Board of County Commissioners for a
CLASS II HOME OCCUPATION zoning permit.
1. — No change.
2. The Department of Planning Services shall send notice, mailed first-class, to
owners of LOTS within five hundred (500) feet of the subject property notifying
them 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-one (21) days.
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.
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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: ditAvio W •4k,
Weld County Clerk to the Board
BY:
AP
County Atto ney
Date of signature: O
Publication:
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Mid; -man, Chair
Lori Sain
First Reading: March 27, 2023
Publication: April 2, 2023, in the Greeley Tribune
Second Reading: April 19, 2023
Publication: April 23, 2023, in the Greeley Tribune
Final Reading: May 8, 2023
Publication: May 14, 2023, in the Greeley Tribune
Effective: May 19, 2023
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