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HomeMy WebLinkAbout20232476.tiffWELD COUNTY CODE ORDINANCE 2023-09 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Commissioners of the County of Weld, State of Colorado, that Chapter 23 of the Weld County Code be, and hereby is, repealed and re-enacted, with amendments, to read as follows.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 ARTICLE III — Zone Districts Division 1 — A (Agricultural) Zone District Amend Sec. 23-3-35. Uses allowed by permit outside of subdivisions and historic townsites. No USE listed in this Section shall commence construction or operation in the A (Agricultural) Zone District on LOTS outside of SUBDIVISIONS and HISTORIC TOWNSITES without prior approval of a land use permit from the Department of Planning Services or Department of Public Health and Environment, as applicable. A. thru N. — No change. Insert new O. LIMITED EVENTS permitted under Division 18 of Article IV of this Chapter. Reletter remainder of section. 4920158 Pages: 1 of 12 09/12/2023 10:44 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO hird11:61*DiNiGkgrIChYlktiUr iA!IN'ir 1i III PAGE 1 cc •. c'TB (EG/cH), Fx (RR /cp/so), 2023-2476 Act' CA(ALLAPL(W/ / ) ORD2023-09 x9/6/23 Amend Sec. 23-3-55. Uses allowed by permit in subdivisions and historic townsites. No USE listed in this Section shall commence construction or operation in the A (Agricultural) Zone District on LOTS in SUBDIVISIONS and HISTORIC TOWNSITES without prior approval of a land use permit from the Department of Planning Services or Department of Public Health and Environment, as applicable. A. thru J. — No change. Insert new K. LIMITED EVENTS permitted under Division 18 of Article IV of this Chapter. Reletter remainder of section. Division 3 — Commercial Zone Districts Amend Sec. 23-3-210. C-1 (Neighborhood Commercial) Zone District. A. thru D. — No change. E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the C-1 Zone District without prior approval of a land use permit from the Department of Planning Services. Insert new 1. LIMITED EVENTS permitted under Division 18 of Article IV of this Chapter. Renumber remaining paragraphs of E. Remainder of section — No change. Amend Sec. 23-3-220. C-2 (General Commercial) Zone District. A. thru D. — No change. E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the C-2 Zone District without prior approval of a land use permit from the Department of Planning Services. Insert new 1. LIMITED EVENTS permitted under Division 18 of Article IV of this Chapter. Renumber remaining paragraphs of E. Remainder of section — No change. Amend Sec. 23-3-230. C-3 (Business Commercial) Zone District. A. thru D. — No change. PAGE 2 4920158 Pages: 2 of 12 09/12/2023 10:44 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 2023-2476 ORD2023-09 E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the C-3 Zone District without prior approval of a land use permit from the Department of Planning Services. Insert new 1. LIMITED EVENTS permitted under Division 18 of Article IV of this Chapter. Renumber remaining paragraphs of E. Remainder of section — No change. Amend Sec. 23-3-240. C-4 (Highway Commercial) Zone District. A. thru D. — No change. E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the C-4 Zone District without prior approval of a land use permit from the Department of Planning Services. Insert new 1. LIMITED EVENTS permitted under Division 18 of Article IV of this Chapter. Renumber remaining paragraphs of E. Remainder of section — No change. Division 4 — Industrial Zone Districts Amend Sec. 23-3-310. I-1 (Light Industrial) Zone District. A. thru D. — No change. E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the I-1 Zone District without prior approval of a land use permit from the Department of Planning Services. Insert new 1. LIMITED EVENTS permitted under Division 18 of Article IV of this Chapter. Renumber remaining paragraphs of E. Remainder of section — No change. Amend Sec. 23-3-320. 1-2 (Medium Industrial) Zone District. A. thru D. — No change. E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the 1-2 Zone District without prior approval of a land use permit from the Department of Planning Services. PAGE 3 4920158 Pages: 3 of 12 09/12/2023 10:44 AM R Fee:$0.00 Carly Koppes, Clerk and Reoorder, Weld County CO 2023-2476 ORD2023-09 rdairkihuM;IorwIIa lic:F iro, Dliii'obWd II III Insert new 1. LIMITED EVENTS permitted under Division 18 of Article IV of this Chapter. Renumber remaining paragraphs of E. Remainder of section — No change. Amend Sec. 23-3-330. 1-3 (Heavy Industrial) Zone District. A. thru D. — No change. E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the 1-3 Zone District without prior approval of a land use permit from the Department of Planning Services. Insert new 1. LIMITED EVENTS permitted under Division 18 of Article IV of this Chapter. Renumber remaining paragraphs of E. Remainder of section — No change. ARTICLE IV — Supplementary District Regulations and Zoning Permits Add Division 18 — Limited Event Permits Sec. 23-18-10. Purpose and intent. It is the purpose and intent of this Division to: A. Provide for the USE of a PROPERTY for LIMITED EVENTS in all Zone Districts of unincorporated Weld County other than the R (Residential) Zone Districts, the E (Estate) Zone District, or PLANNED UNIT DEVELOPMENTS with R or E uses. B. Provide for the orderly control of LIMITED EVENTS by establishing appropriate permit requirements and regulations. C. Ensure that the organizer, promoter, or sponsor of a LIMITED EVENT is aware of any circumstances that may have an impact on the success of its event. D. Minimize any significant adverse effects of a LIMITED EVENT on ADJACENT and nearby PROPERTY owners, residents, and businesses, or which would impact the prevailing site conditions, traffic and circulation patterns, land USE characteristics, or the nature of the NEIGHBORHOOD. Sec. 23-18-20. Definitions. PROPERTY: In addition to the definition of PROPERTY stated in Sec. 23-1-90 of this Chapter 23, PROPERTY for the purposes of this Division shall refer to the parcel, tract, location, or site where the proposed LIMITED EVENT will occur. PAGE 4 4920158 Pages: 4 of 12 09/12/2023 10:44 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 2023-2476 ORD2023-09 11111FOTAI NICK) r l'ArielV0NAM 11111 LIMITED EVENT: The USE of land, BUILDINGS, or STRUCTURES for a gathering of more than thirty (30) members of the public who buy tickets or otherwise pay to be in attendance on a fee, donation, contract, or barter basis, or where land, BUILDINGS, or STRUCTURES are rented for such gathering, for any purpose. LIMITED EVENTS shall not include rodeos or racing events. Sec. 23-18-30. Permit required. Unless excepted pursuant to Section 23-18-40 below, a LIMITED EVENT permit shall be required for any LIMITED EVENT on a PROPERTY where it is anticipated that the overall attendance for an anticipated gathering will exceed thirty (30) persons. A LIMITED EVENT permit shall allow the gathering of only the maximum number of people stated in the permit. The person obtaining such permit shall not sell tickets to, nor permit the gathering of, more than the number of persons stated in the LIMITED EVENT permit. Sec. 23-18-40. Exclusions to permit requirement. This Division shall not apply to: A. Gatherings on a PROPERTY that has proper zoning to allow such gatherings or has received and is subject to an existing land use permit issued pursuant to the provisions of this Chapter 23 that limits the type and/or nature of gatherings to be held on the PROPERTY, including, but not limited to, approved EVENT FACILITIES, rodeos, RACING FACILITIES, AGRITAINMENT facilities, and TEMPORARY seasonal USES. B. Gatherings at any regularly established, permanent CHURCH, RESTAURANT, BREW PUB, BREWERY, DISTILLERY, WINERY, stadium, athletic field, arena, auditorium, fairgrounds, coliseum, park, CAMPGROUND, sale or auction of agricultural lands or personal PROPERTY, polling places for General or Special Elections, or other similarly established place of gathering, provided that said places have the proper zoning to allow such USE and are being used for the established and normal USE thereof and attendance does not exceed by more than thirty (30) persons the maximum seating capacity of the STRUCTURE where the gathering is held. Sec. 23-18-50. Application for LIMITED EVENT permit. A. Each LIMITED EVENT shall be limited to no more than three (3) consecutive days. B. There shall be no more than one (1) LIMITED EVENT allowed on a PROPERTY in a calendar month, and no more than four (4) LIMITED EVENTS in any calendar year. C. Each LIMITED EVENT shall be applied for separately. D. Prior to the hearing described in Section 23-18-80, the applicant shall attempt to contact owners of property within five hundred (500) feet of the subject property and/or conduct a NEIGHBORHOOD meeting with neighboring LANDOWNERS to encourage communication regarding the proposed LIMITED EVENT. PAGE 5 4920158 Pages: 5 of 12 09/12/2023 10:44 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 11111 2023-2476 ORD2023-09 Sec. 23-18-60. Application requirements. A COMPLETE APPLICATION on a form provided by the Department of Planning Services ("Planning Department") and application fee fora LIMITED EVENT permit shall be submitted to the Planning Department at least thirty (30) days in advance of the date of the event. The application shall be signed by the owner of the PROPERTY or his or her legal authorized agent. Sec. 23-18-70. Duties of the Planning Department. shall: Upon determination that the application submittal is complete, the Planning Department A. Refer the application to the departments, agencies, local governments, or other entities determined by the Planning Department to have a connection to or stake in the LIMITED EVENT. The failure of any REFERRAL entity to respond within ten (10) days may be deemed to be a favorable response. The reviews and comments solicited by the COUNTY are intended to provide the COUNTY with information about the proposed LIMITED EVENT. The Board of County Commissioners may consider all such reviews and comments and may solicit additional information if such information is deemed necessary. The reviews and comments submitted by a REFERRAL entity are recommendations to the COUNTY. The authority for making the decision to approve or deny the request for a LIMITED EVENT rests with the Board of County Commissioners. B. Prepare staff comments for use by the Board of County Commissioners addressing all aspects of the application for the LIMITED EVENT, including, but not limited to, its conformance with provisions of this Division and any other applicable Code provisions or ordinances in effect, comments received from entities to which the proposal was referred, and the Performance Standards set forth in Section 23-18-90, below. Specifically, such comments shall address: 1. Whether the applicant has demonstrated that the LIMITED EVENT is compatible with existing and allowed land USES in the NEIGHBORHOOD. 2. Whether the applicant has demonstrated that the LIMITED EVENT will comply with all applicable requirements of this Division and this Code. 3. Whether the applicant has demonstrated that the LIMITED EVENT will result in no substantial adverse impact to other land USES and/or residences in the NEIGHBORHOOD, including environmentally sensitive areas or features or other lands. 4. The degree to which the proposed LIMITED EVENT will, through compliance with the Performance Standards, preserve the health, safety, and welfare of the public and surrounding PROPERTIES, residences, and other neighboring land USES. C. Coordinate with the Clerk to the Board's office to schedule a Board of County Commissioners hearing date. Such hearing shall be held at a regularly scheduled public Board meeting. . PAGE 6 4920158 Pages: 6 of 12 09/12/2023 10:44 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 11111 2023-2476 ORD2023-09 D. Give notice of the application and the public hearing date to owners of land located within five hundred (500) feet of the PROPERTY. Such notification shall be mailed, first-class, not less than ten (10) days before the scheduled Board of County Commissioner hearing. Inadvertent errors by the Planning Department in sending such notice shall not create a jurisdictional defect in the hearing process, even if such error results in the failure of a surrounding LANDOWNER to receive such notification. E. Provide a sign to be posted by the applicant on the PROPERTY. The sign shall be posted adjacent to and visible from a PUBLIC STREET/ROAD RIGHT-OF-WAY. In the event the property under consideration is not adjacent to a PUBLIC STREET/ROAD RIGHT-OF-WAY, one (1) sign shall be posted in the most prominent place on the PROPERTY and a second sign posted at the point of permitted access to the PROPERTY. The sign shall be posted at least ten (10) days prior to the Board of County Commissioners hearing and evidenced with a photograph. The sign will include the following information: 1. LIMITED EVENT permit number. 2. Date, place, and time of the Board of County Commissioners hearing. 3. Phone number of the Planning Department where additional information may be obtained. 4. Applicant's name. 5. Size of the PROPERTY. 6. Specific information about the LIMITED EVENT, including date(s) and purpose. F. Arrange for legal notice of the hearing to be published at least ten (10) days prior to the hearing in the newspaper designated by the Board of County Commissioners for publication of notices. Sec. 23-18-80. Duties of the Board of County Commissioners. A. The Board of County Commissioners shall hold a public hearing to consider the application and to take final action thereon. B. In acting on the application, the Board of County Commissioners shall consider all evidence, whether presented orally or in writing, and may act by resolution. C. To approve a LIMITED EVENT permit, the Board of County Commissioners shall consider the following review criteria and find that each criterion has been met or determined to be inapplicable: 1. The applicant has demonstrated that the LIMITED EVENT is compatible with existing and allowed land USES in the NEIGHBORHOOD. PAGE 7 4920158 Pages: 7 of 12 09/12/2023 10:44 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 2023-2476 ORD2023-09 2. The applicant has demonstrated that the LIMITED EVENT will comply with all applicable requirements of this Division and this Code. 3. The applicant has demonstrated that the LIMITED EVENT will result in no substantial adverse impact to other land USES and/or residences in the NEIGHBORHOOD, including environmentally sensitive areas or features or other lands. 4. The applicant has demonstrated that the LIMITED EVENT has addressed the recommendations of the REFERRAL entities. D. If approved, the Board of County Commissioners will issue the permit with conditions deemed necessary to minimize potential adverse impacts and meet the intent and purpose of this Division and any other applicable provisions of this Code. In no event shall the permit be issued prior to the furnishing of the guarantee required by Section 23-18-90.R and the furnishing of evidence of insurance as required by Section 23-18-90.S, below. Sec. 23-18-90. Performance standards. LIMITED EVENTS are required to comply with the following Performance Standards. Specific additional requirements may apply to a specific LIMITED EVENT as determined by the Board of County Commissioners based on the location and type of event, and after consultation with the Planning Department, the Weld County Sheriff ("Sheriff'), the Weld County Department of Public Health and Environment ("Health Department"), the applicable fire district, and any other REFERRAL entity whose consideration the Board of County Commissioners deems essential to a full and complete assessment. All applicable Performance Standards shall be specified in the conditions of the permit, if approved, and may include the following: A. An adequate and safe supply of potable water meeting requirements set forth by the Colorado Department of Public Health and Environment. B. Toilets conveniently located throughout the PROPERTY, sufficient to provide healthful facilities for the maximum number of people in attendance, and meeting all state and local specifications, as determined by the Weld County Department of Public Health and Environment. C. A sanitary method of disposing of solid or liquid waste, in compliance with state and local laws and regulations, sufficient to dispose of the waste production of the maximum number of persons allowed to attend the LIMITED EVENT. The applicant shall comply with its plan for holding and collecting such waste at least once each day of the event. The plan shall provide for trash cans, dispersed throughout the PROPERTY, sufficient to prevent solid wastes from escaping the PROPERTY. The plan must call for sufficient personnel to perform such tasks and collecting any wastes that do escape, and within forty-eight (48) hours of cessation of the LIMITED EVENT, the PROPERTY shall be returned to its previous condition, including removal of all BUILDINGS and STRUCTURES, trash, debris, signage, attention -attracting devices, or other evidence of the LIMITED EVENT. PAGE 8 4920158 Pages: 8 of 12 09/12/2023 10:44 AM R Fee:$0.00 Carly Koppes, Clerk and Reoorder, Weld County , CO 2023-2476 ORD2023-09 1111 Fdli' kairlhvi'QirNi FIN: dfal lliJ"Ill D. Two (2) certified emergency medical technicians and one (1) emergency ambulance for LIMITED EVENTS with more than five hundred (500) persons. One additional certified medical technician provided for every additional five hundred (500) persons. An enclosed structure where treatment may be rendered. E. A licensed practical nurse or registered nurse, licensed to practice in the state, provided for LIMITED EVENTS with more than one thousand (1,000) persons. One (1) additional nurse provided for every additional one thousand (1,000) persons. F. If the LIMITED EVENT is to occur during hours of darkness, illumination sufficient to light parking and pedestrian areas shall be provided at the rate of at least five (5) foot-candles. No illumination shall be allowed to shine or reflect unreasonably beyond the boundaries of the PROPERTY. G. No LIMITED EVENT shall extend past 12:00 a.m. H. No overnight CAMPING is allowed either before or after the LIMITED EVENT. There shall be a parking area, either on -site or off -site, sufficient to provide parking space for the maximum number of persons allowed at any limited time to attend the LIMITED EVENT. At least one (1) parking space measuring at least nine (9) feet in width shall be provided for every four (4) attendees. If any parking is to be provided off -site, authorization from the property owner shall be required. The applicant shall provide a description of the surface material of the parking areas. J. There shall be a traffic circulation system sufficient to allow safe and efficient traffic and pedestrian circulation for the maximum number of attendees allowed at any limited time. The flow of traffic on roads shall not be blocked or hindered, and no cars, buses, or bicycles shall be allowed to park along the side of or in any public road right-of-way. The applicant shall provide a plan for handling traffic in conformance with the Manual on Uniform Traffic Control Devices and the Colorado Supplement. K. Access to and from the PROPERTY shall be limited to access approved pursuant to provisions of Chapter 8 of this Code. Where an existing access shared with other property owners or lessees is to be used, authorization of each of the owners or lessees entitled to use the access shall be required. L. The applicant must provide adequate facilities for communication with emergency medical, police, and fire services. M. The applicant must provide security which, as determined by the Sheriff, is adequate to control any disturbances which might occur at the LIMITED EVENT. N. The applicant shall comply with all requirements of the fire protection district. O. The applicant shall ensure that sounds from the LIMITED EVENT do not exceed the residential noise limits or carry unreasonably beyond the boundaries of the PROPERTY. Sound created by the LIMITED EVENT which exceeds any limitations set by the PAGE 9 4920158 Pages: 9 of 12 09/12/2023 10:44 AM R Fee:$0.00 Carly Koppes, Clerk and Reoorder, Weld County , CO VIII IrdENIVilAiirriltrleigilVICV,ViVilil "Ill 2023-2476 ORD2023-09 Weld County Noise Ordinance (Article IX, Chapter 14 of this Code) shall be presumed to be unreasonable. P. The applicant must provide for appropriate on -site dust mitigation. Q. Food service operations shall comply with the Colorado Retail Food Establishment Rules and Regulations. R. Guarantees in the form of an irrevocable letter of credit, bond, or cash retainer in the amount of three thousand dollars ($3,000.00) may be required to cover the cost of any required clean-up and restoration following the LIMITED EVENT where the maximum number of attendees is more than two hundred fifty (250), or five hundred dollars ($500) for any event where the maximum number of attendees is more than one hundred (100) but less than two hundred fifty (250). Any letter of credit or bond must be irrevocable for a period of thirty (30) days after the completion of the event. The letter of credit, bond, or cash retainer will be released by the County as soon as possible after the event, after determination that the site has been adequately cleaned up and restored from any impacts of the event, but no later than thirty (30) days following the event. S. Insurance in an amount determined to be adequate and reasonable in light of the risks and hazards relating to the LIMITED EVENT but no less than five hundred thousand dollars ($500,000). Such Certificate of Insurance shall include the County of Weld, by and through its Board of County Commissioners, its elected officials, and employees, as Additional Named Insureds. T LIMITED EVENTS must occur or operate in compliance with the provisions of this Division and all applicable provisions and regulations of Weld County and applicable state and federal statutes and regulations. U. If electrical systems are not self-supporting, electrical systems installation and maintenance must comply with minimum county and state electrical standards. V The issuance of a LIMITED EVENT permit shall not relieve the landowner or applicant of the responsibility for securing other permits or approvals required by Weld County, the applicable fire district, or other applicable public agency. W. Any other condition deemed necessary by the Board of County Commissioners to preserve the health, safety, and welfare of the public and surrounding PROPERTIES, residences, and other neighboring land USES. Sec. 23-18-100. Inspections. The employees of the Weld County Sheriff's Office, the Planning Department, and/or Health Department may enter the PROPERTY from time -to -time during the LIMITED EVENT to inspect and ensure compliance with the LIMITED EVENT permit Performance Standards and to enforce the provisions of this Division. The LIMITED EVENT permit must be available for inspection on the PROPERTY at all times during the LIMITED EVENT. PAGE 10 4920158 Pages: 10 of 12 09/12/2023 10:44 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 2023-2476 ORD2023-09 ���� NrdlITI ,'HiG CIFTliirl41,1440 O71'i ikyik "Ill Sec. 23-18-110. Enforcement. A. A LIMITED EVENT permit may be suspended or revoked by the Board of County Commissioners at any time if any of the Performance Standards required of the permit are not complied with, or for violation of any provision of this section or any other applicable law, rule, or regulation, for violation of the specific permit conditions, or for any misrepresentation by the applicant, his or her agents or employees, or independent contractors under contract with the applicant. Upon revocation, the guarantee may also be forfeited. By signing the application, the applicant agrees that employees of the Sheriff's Office, the Planning Department, and/or Health Department may enter the PROPERTY and cause the LIMITED EVENT to be stopped upon suspension or revocation of the LIMITED EVENT permit. B. Violations of this Division will be enforced by the Weld County Sheriff and/or through the enforcement procedures set forth in Article X of this Chapter 23. 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 enforced beginning the date of First Reading of this Code Ordinance 2023-09 on July 19, 2023. PAGE 11 4920158 Pages: 11 of 12 09/12/2023 10:44 AM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO 11 FM VENN cna«MPIP'IVAP IYhhk "III 2023-2476 ORD2023-09 The above and foregoing Ordinance Number 2023-09 was, on motion duly made and seconded, adopted by the following vote on the 23rd day of August, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dfdtk J jdo;ok, Weld County Clerk to the Board mOttrattri tdvu,1 Deputy Clerk to the Board AP"•'EDAST ounty At rney Date of signature: Publication: June 23, 2023 First Reading: Publication: Mike Freeman, Chair (C3e,/ erry1L. Bu.¢k, Pro-Tem Scdtt K. James aine July 19, 2023 July 23, 2023, in the Greeley Tribune Second Reading: August 7, 2023 Publication: August 11, 2023, in the Greeley Tribune Final Reading: August 23, 2023 Publication: August 27, 2023, in the Greeley Tribune Effective: September 1, 2023 PAGE 12 4920158 Pages: 12 of 12 09/12/2023 10:44 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , Co 2023-2476 ORD2023-09 WELD COUNTY CODE ORDINANCE 2023-09 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 ARTICLE III — Zone Districts Division 1 — A (Agricultural) Zone District Amend Sec. 23-3-35. Uses allowed by permit outside of subdivisions and historic townsites. No USE listed in this Section shall commence construction or operation in the A (Agricultural) Zone District on LOTS outside of SUBDIVISIONS and HISTORIC TOWNSITES without prior approval of a land use permit from the Department of Planning Services or Department of Public Health and Environment, as applicable. A. thru N. — No change. Insert new O. LIMITED EVENTS permitted under Division 18 of Article IV of this Chapter. Reletter remainder of section. PAGE 1 2023-2476 ORD2023-09 Amend Sec. 23-3-55 Uses allowed by permit in subdivisions and historic townsites. No USE listed in this Section shall commence construction or operation in the A (Agricultural) Zone District on LOTS in SUBDIVISIONS and HISTORIC TOWNSITES without prior approval of a land use permit from the Department of Planning Services or Department of Public Health and Environment, as applicable A thru J — No change Insert new K LIMITED EVENTS permitted under Division 18 of Article IV of this Chapter Reletter remainder of section Division 3 — Commercial Zone Districts Amend Sec. 23-3-210 C-1 (Neighborhood Commercial) Zone District. A thru D — No change E Uses Allowed by Permit No USE listed in this Subsection shall commence construction or operation in the C-1 Zone District without prior approval of a land use permit from the Department of Planning Services Insert new 1 LIMITED EVENTS permitted under Division 18 of Article IV of this Chapter Renumber remaining paragraphs of E Remainder of section — No change Amend Sec 23-3-220. C-2 (General Commercial) Zone District. A thru D — No change E Uses Allowed by Permit No USE listed in this Subsection shall commence construction or operation in the C-2 Zone District without prior approval of a land use permit from the Department of Planning Services Insert new 1 LIMITED EVENTS permitted under Division 18 of Article IV of this Chapter Renumber remaining paragraphs of E Remainder of section — No change Amend Sec 23-3-230 C-3 (Business Commercial) Zone District A thru D — No change PAGE 2 2023-2476 ORD2023-09 E Uses Allowed by Permit No USE listed in this Subsection shall commence construction or operation in the C-3 Zone District without prior approval of a land use permit from the Department of Planning Services Insert new 1 LIMITED EVENTS permitted under Division 18 of Article IV of this Chapter Renumber remaining paragraphs of E Remainder of section — No change Amend Sec 23-3-240. C-4 (Highway Commercial) Zone District A thru D — No change E Uses Allowed by Permit No USE listed in this Subsection shall commence construction or operation in the C-4 Zone District without prior approval of a land use permit from the Department of Planning Services Insert new 1 LIMITED EVENTS permitted under Division 18 of Article IV of this Chapter Renumber remaining paragraphs of E Remainder of section — No change Division 4 — Industrial Zone Districts Amend Sec. 23-3-310 I-1 (Light Industrial) Zone District A thru D — No change E Uses Allowed by Permit No USE listed in this Subsection shall commence construction or operation in the I-1 Zone District without prior approval of a land use permit from the Department of Planning Services Insert new 1 LIMITED EVENTS permitted under Division 18 of Article IV of this Chapter Renumber remaining paragraphs of E Remainder of section — No change Amend Sec 23-3-320. 1-2 (Medium Industrial) Zone District A thru D — No change E Uses Allowed by Permit No USE listed in this Subsection shall commence construction or operation in the 1-2 Zone District without prior approval of a land use permit from the Department of Planning Services PAGE 3 2023-2476 ORD2023-09 Insert new 1 LIMITED EVENTS permitted under Division 18 of Article IV of this Chapter Renumber remaining paragraphs of E Remainder of section — No change Amend Sec 23-3-330 1-3 (Heavy Industrial) Zone District A thru D — No change E Uses Allowed by Permit No USE listed in this Subsection shall commence construction or operation in the 1-3 Zone District without prior approval of a land use permit from the Department of Planning Services Insert new 1 LIMITED EVENTS permitted under Division 18 of Article IV of this Chapter Renumber remaining paragraphs of E Remainder of section — No change ARTICLE IV — Supplementary District Regulations and Zoning Permits Add Division 18 — Limited Event Permits Sec 23-18-10 Purpose and intent. It is the purpose and intent of this Division to A Provide for the USE of a PROPERTY for LIMITED EVENTS in all Zone Districts of unincorporated Weld County other than the R (Residential) Zone Districts, the E (Estate) Zone District, or PLANNED UNIT DEVELOPMENTS with R or E uses B Provide for the orderly control of LIMITED EVENTS by establishing appropriate permit requirements and regulations C Ensure that the organizer, promoter, or sponsor of a LIMITED EVENT is aware of any circumstances that may have an impact on the success of its event D Minimize any significant adverse effects of a LIMITED EVENT on ADJACENT and nearby PROPERTY owners, residents, and businesses, or which would impact the prevailing site conditions, traffic and circulation patterns, land USE characteristics, or the nature of the NEIGHBORHOOD Sec 23-18-20 Definitions PROPERTY In addition to the definition of PROPERTY stated in Sec 23-1-90 of this Chapter 23, PROPERTY for the purposes of this Division shall refer to the parcel, tract, location, or site where the proposed LIMITED EVENT will occur PAGE 4 2023-2476 ORD2023-09 LIMITED EVENT The USE of land, BUILDINGS, or STRUCTURES for a gathering of more than thirty (30) members of the public who buy tickets or otherwise pay to be in attendance on a fee, donation, contract, or barter basis, or where land, BUILDINGS, or STRUCTURES are rented for such gathering, for any purpose LIMITED EVENTS shall not include rodeos or racing events Sec 23-18-30 Permit required Unless excepted pursuant to Section 23-18-40 below, a LIMITED EVENT permit shall be required for any LIMITED EVENT on a PROPERTY where it is anticipated that the overall attendance for an anticipated gathering will exceed thirty (30) persons A LIMITED EVENT permit shall allow the gathering of only the maximum number of people stated in the permit The person obtaining such permit shall not sell tickets to, nor permit the gathering of, more than the number of persons stated in the LIMITED EVENT permit Sec. 23-18-40 Exclusions to permit requirement This Division shall not apply to A Gatherings on a PROPERTY that has proper zoning to allow such gatherings or has received and is subject to an existing land use permit issued pursuant to the provisions of this Chapter 23 that limits the type and/or nature of gatherings to be held on the PROPERTY, including, but not limited to, approved EVENT FACILITIES, rodeos, RACING FACILITIES, AGRITAINMENT facilities, and TEMPORARY seasonal USES B Gatherings at any regularly established, permanent CHURCH, RESTAURANT, BREW PUB, BREWERY, DISTILLERY, WINERY, stadium, athletic field, arena, auditorium, fairgrounds, coliseum, park, CAMPGROUND, sale or auction of agricultural lands or personal PROPERTY, polling places for General or Special Elections, or other similarly established place of gathering, provided that said places have the proper zoning to allow such USE and are being used for the established and normal USE thereof and attendance does not exceed by more than thirty (30) persons the maximum seating capacity of the STRUCTURE where the gathering is held Sec 23-18-50 Application for LIMITED EVENT permit A Each LIMITED EVENT shall be limited to no more than three (3) consecutive days B There shall be no more than one (1) LIMITED EVENT allowed on a PROPERTY in a calendar month, and no more than four (4) LIMITED EVENTS in any calendar year C Each LIMITED EVENT shall be applied for separately D Prior to the hearing described in Section 23-18-80, the applicant shall attempt to contact owners of property within five hundred (500) feet of the subject property and/or conduct a NEIGHBORHOOD meeting with neighboring LANDOWNERS to encourage communication regarding the proposed LIMITED EVENT PAGE 5 2023-2476 ORD2023-09 Sec. 23-18-60. Application requirements. A COMPLETE APPLICATION on a form provided by the Department of Planning Services (`Planning Department") and application fee for a LIMITED EVENT permit shall be submitted to the Planning Department at least thirty (30) days in advance of the date of the event. The application shall be signed by the owner of the PROPERTY or his or her legal authorized agent. Sec. 23-18-70. Duties of the Planning Department. Upon determination that the application submittal is complete, the Planning Department shall: A. Refer the application to the departments, agencies, local governments, or other entities determined by the Planning Department to have a connection to or stake in the LIMITED EVENT. The failure of any REFERRAL entity to respond within ten (10) days may be deemed to be a favorable response. The reviews and comments solicited by the COUNTY are intended to provide the COUNTY with information about the proposed LIMITED EVENT. The Board of County Commissioners may consider all such reviews and comments and may solicit additional information if such information is deemed necessary. The reviews and comments submitted by a REFERRAL entity are recommendations to the COUNTY. The authority for making the decision to approve or deny the request for a LIMITED EVENT rests with the Board of County Commissioners. B Prepare staff comments for use by the Board of County Commissioners addressing all aspects of the application for the LIMITED EVENT, including, but not limited to, its conformance with provisions of this Division and any other applicable Code provisions or ordinances in effect, comments received from entities to which the proposal was referred, and the Performance Standards set forth in Section 23-18-90, below. Specifically, such comments shall address: 1. Whether the applicant has demonstrated that the LIMITED EVENT is compatible with existing and allowed land USES in the NEIGHBORHOOD. 2 Whether the applicant has demonstrated that the LIMITED EVENT will comply with all applicable requirements of this Division and this Code. 3 Whether the applicant has demonstrated that the LIMITED EVENT will result in no substantial adverse impact to other land USES and/or residences in the NEIGHBORHOOD, including environmentally sensitive areas or features or other lands. 4 The degree to which the proposed LIMITED EVENT will, through compliance with the Performance Standards, preserve the health. safety, and welfare of the public and surrounding PROPERTIES, residences, and other neighboring land USES. C Coordinate with the Clerk to the Board's office to schedule a Board of County Commissioners hearing date. Such hearing shall be held at a regularly scheduled public Board meeting within twenty (2O) daysupon of receipt of a COMPLETE APPLICATION, PAGE 6 2023-2476 ORD2023-09 unless -the -applicant agrees to a later date. D Give notice of the application and the public hearing date to owners of land located within five hundred (500) feet of the PROPERTY. Such notification shall be mailed, first-class, not less than ten (10) days before the scheduled Board of County Commissioner hearing. Inadvertent errors by the Planning Department in sending such notice shall not create a jurisdictional defect in the hearing process, even if such error results in the failure of a surrounding LANDOWNER to receive such notification. E Provide a sign to be posted by the applicant on the PROPERTY. The sign shall be posted adjacent to and visible from a PUBLIC STREET/ROAD RIGHT-OF-WAY. In the event the property under consideration is not adjacent to a PUBLIC STREET/ROAD RIGHT-OF-WAY, one (1) sign shall be posted in the most prominent place on the PROPERTY and a second sign posted at the point of permitted access to the PROPERTY. The sign shall be posted at least ten (10) days prior to the Board of County Commissioners hearing and evidenced with a photograph. The sign will include the following information: 1. LIMITED EVENT permit number. 2. Date, place, and time of the Board of County Commissioners hearing. 3. Phone number of the Planning Department where additional information may be obtained. 4. Applicant's name. 5. Size of the PROPERTY. 6. Specific information about the LIMITED EVENT, including date(s) and purpose. F Arrange for legal notice of the hearing to be published at least ten (10) days prior to the hearing in the newspaper designated by the Board of County Commissioners for publication of notices. Sec. 23-18-80. Duties of the Board of County Commissioners. A. The Board of County Commissioners shall hold a public hearing to consider the application and to take final action thereon. B In acting on the application, the Board of County Commissioners shall consider all evidence, whether presented orally or in writing, and may act by resolution. C To approve a LIMITED EVENT permit, the Board of County Commissioners shall consider the following review criteria and find that each criterion has been met or determined to be inapplicable: 1. The applicant has demonstrated that the LIMITED EVENT is compatible with existing and allowed land USES in the NEIGHBORHOOD. PAGE 7 2023-2476 ORD2023-09 2 The applicant has demonstrated that the LIMITED EVENT will comply with all applicable requirements of this Division and this Code 3 The applicant has demonstrated that the LIMITED EVENT will result in no substantial adverse impact to other land USES and/or residences in the NEIGHBORHOOD, including environmentally sensitive areas or features or other lands 4 The applicant has demonstrated that the LIMITED EVENT has addressed the recommendations of the REFERRAL entities D If approved, the Board of County Commissioners will issue the permit with conditions deemed necessary to minimize potential adverse impacts and meet the intent and purpose of this Division and any other applicable provisions of this Code In no event shall the permit be issued prior to the furnishing of the guarantee required by Section 23-18-90 R and the furnishing of evidence of insurance as required by Section 23-18-90 S, below Sec 23-18-90. Performance standards. LIMITED EVENTS are required to comply with the following Performance Standards Specific additional requirements may apply to a specific LIMITED EVENT as determined by the Board of County Commissioners based on the location and type of event, and after consultation with the Planning Department, the Weld County Sheriff ("Sheriff'), the Weld County Department of Public Health and Environment ("Health Department"), the applicable fire district, and any other REFERRAL entity whose consideration the Board of County Commissioners deems essential to a full and complete assessment All applicable Performance Standards shall be specified in the conditions of the permit, if approved, and may include the following A An adequate and safe supply of potable water meeting requirements set forth by the Colorado Department of Public Health and Environment B Toilets conveniently located throughout the PROPERTY, sufficient to provide healthful facilities for the maximum number of people in attendance, and meeting all state and local specifications, as determined by the Weld County Department of Public Health and Environment C A sanitary method of disposing of solid or liquid waste, in compliance with state and local laws and regulations, sufficient to dispose of the waste production of the maximum number of persons allowed to attend the LIMITED EVENT The applicant shall comply with its plan for holding and collecting such waste at least once each day of the event The plan shall provide for trash cans, dispersed throughout the PROPERTY, sufficient to prevent solid wastes from escaping the PROPERTY The plan must call for sufficient personnel to perform such tasks and collecting any wastes that do escape, and within forty-eight (48) hours of cessation of the LIMITED EVENT, the PROPERTY shall be returned to its previous condition, including removal of all BUILDINGS and STRUCTURES, trash, debris, signage, attention -attracting devices, or other evidence of the LIMITED EVENT PAGE 8 2023-2476 ORD2023-09 D Two (2) certified emergency medical technicians and one (1) emergency ambulance for LIMITED EVENTS with more than five hundred (500) persons. One additional certified medical technician provided for every additional five hundred (500) persons. An enclosed structure where treatment may be rendered. E A licensed practical nurse or registered nurse, licensed to practice in the state, provided for LIMITED EVENTS with more than one thousand (1,000) persons. One (1) additional nurse provided for every additional one thousand (1,000) persons. F If the LIMITED EVENT is to occur during hours of darkness, illumination sufficient to light parking and pedestrian areas shall be provided at the rate of at least five (5) foot-candles. No illumination shall be allowed to shine or reflect unreasonably beyond the boundaries of the PROPERTY. G No LIMITED EVENT shall extend past 1.2 :00 a.m. H No overnight CAMPING is allowed either before or after the LIMITED EVENT. There shall be a parking area, either on -site or off -site, sufficient to provide parking space for the maximum number of persons allowed at any limited time to attend the LIMITED EVENT. At least one (1) parking space measuring at least nine (9) feet in width shall be provided for every four (4) attendees. If any parking is to be provided off -site, authorization from the property owner shall be required. The applicant shall provide a description of the surface material of the parking areas. J There shall be a traffic circulation system sufficient to allow safe and efficient traffic and pedestrian circulation for the maximum number of attendees allowed at any limited time. The flow of traffic on roads shall not be blocked or hindered, and no cars, buses, or bicycles shall be allowed to park along the side of or in any public road right-of-way. The applicant shall provide a plan for handling traffic in conformance with the Manual on Uniform Traffic Control Devices and the Colorado Supplement. K Access to and from the PROPERTY shall be limited to access approved pursuant to provisions of Chapter 8 of this Code. Where an existing access shared with other property owners or lessees is to be used, authorization of each of the owners or lessees entitled to use the access shall be required. L The applicant must provide adequate facilities for communication with emergency medical, police, and fire services. M The applicant must provide security which, as determined by the Sheriff, is adequate to control any disturbances which might occur at the LIMITED EVENT. N The applicant shall comply with all requirements of the fire protection district. O The applicant shall ensure that sounds from the LIMITED EVENT do not exceed the residential noise limits or carry unreasonably beyond the boundaries of the PROPERTY. Sound created by the LIMITED EVENT which exceeds any limitations set by the PAGE 9 2023-2476 ORD2023-09 Weld County Noise Ordinance (Article IX, Chapter 14 of this Code) shall be presumed to be unreasonable. P The applicant must provide for appropriate on -site dust mitigation. Q Food service operations shall comply with the Colorado Retail Food Establishment Rules and Regulations. Guarantees in the form of an irrevocable letter of credit, bond, or cash retainer in the amount of three thousand dollars ($3,000.00) may be required to cover the cost of any required clean-up and restoration following the LIMITED EVENT_ may be required for any event where the maximum number of attendees is more than two hundred fifty (250), or five hundred dollars ($500) for any event where the maximum number of attendees is more than one hundred (100) but less than two hundred fifty (250). Any letter of credit or bond must be irrevocable for a period of thirty (30) days after the completion of the event. The letter of credit, bond, or cash retainer will be released by the County as soon as possible after the event, after determination that the site has been adequately cleaned up and restored from any impacts of the event, but no later than thirty (30) days following the event. S Insurance in an amount determined to be adequate and reasonable in light of the risks and hazards relating to the LIMITED EVENT but no less than five hundred thousand dollars ($500,000). Such Certificate of Insurance shall include the County of Weld, by and through its Board of County Commissioners, its elected officials, and employees, as Additional Named Insureds. T LIMITED EVENTS must occur or operate in compliance with the provisions of this Division and all applicable provisions and regulations of Weld County and applicable state and federal statutes and regulations. U If electrical systems are not self-supporting, electrical systems installation and maintenance must comply with minimum county and state electrical standards. V The issuance of a LIMITED EVENT permit shall not relieve the landowner or applicant of the responsibility for securing other permits or approvals required by Weld County, the applicable fire district, or other applicable public agency. W Any other condition deemed necessary by the Board of County Commissioners to preserve the health, safety, and welfare of the public and surrounding PROPERTIES, residences. and other neighboring land USES. Sec. 23-18-100. Inspections. The employees of the Weld County Sheriff's Office, the Planning Department, and/or Health Department may enter the PROPERTY from time -to -time during the LIMITED EVENT to inspect and ensure compliance with the LIMITED EVENT permit Performance Standards and to enforce the provisions of this Division. The LIMITED EVENT permit must be available for inspection on the PROPERTY at all times during the LIMITED EVENT. PAGE 10 2023-2476 ORD2023-09 Sec 23-18-110 Enforcement A A LIMITED EVENT permit may be suspended or revoked by the Board of County Commissioners at any time if any of the Performance Standards required of the permit are not complied with, or for violation of any provision of this section or any other applicable law, rule, or regulation, for violation of the specific permit conditions, or for any misrepresentation by the applicant, his or her agents or employees, or independent contractors under contract with the applicant Upon revocation, the guarantee may also be forfeited By signing the application, the applicant agrees that employees of the Sheriff's Office, the Planning Department, and/or Health Department may enter the PROPERTY and cause the LIMITED EVENT to be stopped upon suspension or revocation of the LIMITED EVENT permit B Violations of this Division will be enforced by the Weld County Sheriff and/or through the enforcement procedures set forth in Article X of this Chapter 23 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 enforced beginning the date of First Reading of this Code Ordinance 2023-09 on July 19, 2023 PAGE 11 2023-2476 ORD2023-09 The above and foregoing Ordinance Number 2023-09 was, on motion duly made and seconded, adopted by the following vote on the 23rd 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 June 23, 2023 First Reading Publication July 19, 2023 July 23, 2023, in the Greeley Tribune Second Reading August 7, 2023 Publication August 11, 2023, in the Greeley Tribune Final Reading August 23, 2023 Publication August 27, 2023, in the Greeley Tribune Effective September 1, 2023 PAGE 12 2023-2476 ORD2023-09 Hello