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repealed and re-enacted, with amendments, to read as follows.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.
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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.
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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.
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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.
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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.
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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. .
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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.
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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.
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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
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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.
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���� 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.
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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ORD2023-09
Hello