HomeMy WebLinkAbout20232140.tiffWELD COUNTY
CODE ORDINANCE 2023-13
Jytyfrbt
Pee sal3
ea.: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER
21 AREAS AND ACTIVITIES OF STATE INTEREST, 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, prior to the date of First Reading of this Code Ordinance 2023-13, the activity
of permitting and inspecting equipment or improvements on an Oil and Gas Facility and the
installation of Telecommunication Antenna Towers used solely for site security and monitoring
purposes at an Oil and Gas Facility was performed by the Weld County Department of Planning
Services, and
WHEREAS, the Board of County Commissioners desires to consolidate such permitting
and inspection function in the Weld County Oil and Gas Energy Department and, therefore, 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 21, Article V; Chapter 23, Article IV, Division 10;
and Chapter 29, Article III of the Weld County Code be, and hereby are, repealed and re-enacted,
with amendments, to read as follows.
CHAPTER 21
AREAS AND ACTIVITIES OF STATE INTEREST
ARTICLE V — Guidelines and Regulations for Oil and Gas Exploration and Production in
the Unincorporated Area of Weld County (Designated as Mineral Resource Area of State
Interest)
Division 1 - General and Introductory Provisions
PAGE 1
2023-2140
ORD2023-13
Amend Sec. 21-5-20. Definitions.
In addition to the terms defined in Section 21-1-90 of this Code, the following terms specific
to the designation of site selection and construction of Oil and Gas Locations and Oil and Gas
Facilities shall be construed to have the meanings set forth as follows:
Oil and Gas Facility: means equipment or improvements used or installed at an Oil and
Gas Location for the exploration, production, withdrawal; treatment, or processing of crude oil,
condensate, E&P Waste, or gas; excluding Pipeline - Petroleum Products, as defined in Article VI
of this Chapter 21, and all other Pipelines and Flowlines used or installed at the Oil and Gas
Facility. Examples of equipment or improvements may include, but are not limited to, tanks;
separators, combustion devices, LACT units, and telecommunication antenna towers as defined
in Section 23-1-90, which are used solely for site security and monitoring purposes of the Oil and
Gas Facility. Oil and Gas Facility may also be referred to herein in certain circumstances
synonymously as "Facility".
Remainder of section — No change.
CHAPTER 23
ZONING
ARTICLE IV — Supplementary District Regulations and Zoning Permits
Division 10 - Antennas and Towers
Amend Sec. 23-4-830. Standards for Telecommunication Antenna Towers.
A. — No change.
Amend Table 23.4
TELECOMMUNICATIONS ANTENNA TOWERS
Table 23.4
TELECOMMUNICATIONS ANTENNA TOWERS
Use
by
Right
or Accessory
Use
Zoning
Permit
for
Use by Special
Permit approval
Review
required
TELECOMMUNICATIONS
ANTENNA
TOWER
Up
to 35
feet
in height
y _
35 feet
to 70 feet
in
height:
Greater
than
70 feet
in
height
up
_
* TELECOMMUNICATION ANTENNA TOWERS located within an OIL AND GAS
FACILITY shall be exempt from the requirement for a Zoning Permit for
TELECOMMUNICATIONS ANTENNA TOWER. They will, however, need to be included
either within a 1041 WOGLA permit, or submitted via a Sundry Form to the Oil and Gas
Energy Department.
Remainder of section — No change.
PAGE 2
2023-2140
ORD2023-13
CHAPTER 29
BUILDING REGULATIONS
ARTICLE III — Building Permits
Amend Sec. 29-3-20. Exemptions.
A. — No change.
B. A building permit shall not be required for:
1. thru 3. — No change.
4. Oil derricks.Oil and Gas Equipment (including, but not limited to, tanks, separators,
combustion devices, LACT units, etc.) located on an Oil and Gas Facility as
defined under Chapter 21, Article V of the Weld County Code.
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.
BE IT FURTHER ORDAINED by the Board that the Weld County Code provisions set
forth herein, with the amendments as stated herein, shall be enforce beginning the date of First
Reading of this Code Ordinance 2023-13 on July 26, 2023.
PAGE 3
2023-2140
ORD2023-13
The above and foregoing Ordinance Number 2023-13 was, on motion duly made and
seconded, adopted by the following vote on the 28th day of August, 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 Saine
Date of signature
Publication July 22, 2023
First Reading July 26, 2023
Publication July 30, 2023, in the Greeley Tribune
Second Reading August 14, 2023
Publication August 18, 2023, in the Greeley Tribune
Final Reading August 28, 2023
Publication September 1, 2023, in the Greeley Tribune
Effective September 6, 2023
PAGE 4
2023-2140
ORD2023-13
Hello