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HomeMy WebLinkAbout20223382.tiffWELD COUNTY CODE ORDINANCE 2022-08 /a- 1-o2� 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Commissioners of the County of Weld, State of Colorado, that Chapter 23 of the Weld County Code be, and hereby is, repealed and re-enacted, with amendments, to read as follows.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 I — General Provisions Amend Sec. 23-1-90. Definitions. ADD BUILDING UNIT: As defined in Chapter 21, Article V. Remainder of Section — No change. ARTICLE III — Zone Districts Division 1 — A (Agricultural) Zone District Amend Sec. 23-3-70. Bulk requirements. The following lists the bulk requirements for the A (Agricultural) Zone District. Land in the A (Agricultural) Zone District is subject to the requirements contained in this Section. PAGE 1 2022-3382 ORD2022-08 A. thru D. — No change. E. Minimum distance from OIL AND GAS FACILITIES. All BUILDINGS shall comply with the provisions of Section 23-4-700 of this chapter. Remainder of Section — No change. Amend Sec. 23-3-160. Bulk requirements. Table 23.2 below lists the Bulk Requirements for the R-1, R-2, R-3, R-4 and R-5 Zone Districts. All BUILDINGS, STRUCTURES, USES, and land in the Residential Zone Districts are subject to the requirements contained in this Section. Table 23.2 — No change. A. thru J. — No change. K. Minimum distance from OIL AND GAS FACILITIES. All BUILDINGS shall comply with the provisions of Section 23-4-700 of this chapter. Remainder of Section — No change. Amend Sec. 23-3-250. Bulk standards. All BUILDINGS, STRUCTURES, USES, and land located in the Commercial Zone Districts shall be located, designed, used and occupied in accordance with the requirements enumerated in this section. A. thru B. — No change. C. Minimum distance from OIL AND GAS FACILITIES. All BUILDINGS shall comply with the provisions of Section 23-4-700 of this chapter. Remainder of Section — No change. Amend Sec. 23-3-340. Bulk standards. All BUILDINGS, STRUCTURES, USES, and land located in the Industrial Zone Districts shall be located, designed, used and occupied in accordance with the requirements enumerated in this section. A. thru B. — No change. C. Minimum distance from OIL AND GAS FACILITIES. All BUILDINGS shall comply with the provisions of Section 23-4-700 of this chapter. Remainder of Section — No change. PAGE 2 2022-3382 ORD2022-08 Amend Sec. 23-3-440. Bulk requirements. The following Subsections list the bulk requirements for the E Zone District. All BUILDINGS, STRUCTURES, USES, and land in the E district are subject to the requirements contained in this Section: A. thru K. — No change. L. Minimum distance from OIL AND GAS FACILITIES. All BUILDINGS shall comply with the provisions of Section 23-4-700 of this chapter. Remainder of Section — No change. ARTICLE IV — Supplementary District Regulations and Zoning Permits Division 9 — Miscellaneous Regulations Amend Sec. 23-4-700. Minimum distance from oil and gas facilities in all zone districts. No BUILDING UNIT shall be constructed within two hundred fifty (250) feet of any OIL AND GAS FACILITY, nor within fifty (50) feet of any plugged and abandoned oil and gas well. No other BUILDING shall be constructed within fifty (50) feet of any OIL AND GAS FACILITY, nor any plugged and abandoned oil and gas well. This provision shall not apply to the expansion of a BUILDING permitted or existing as of December 30, 2022, provided such expansion does not increase the BUILDING footprint by more than fifty percent (50%). No VARIANCE from this section shall be (granted such that it would allow any BUILDING to be constructed within fifty (50) feet of any OIL AND GAS FACILITY, nor any plugged and abandoned oil and gas well. 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. PAGE 3 2022-3382 ORD2022-08 The above and foregoing Ordinance Number 2022-08 was, on motion duly made and seconded, adopted by the following vote on the 21st day of December, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Scott K. James, Chair Weld County Clerk to the Board Mike Freeman, Pro-Tem BY: Deputy Clerk to the Board Perry L. Buck APPROVED AS TO FORM: Steve Moreno County Attorney Date of signature: Publication: October 12, 2022 Lori Saine First Reading: November 21, 2022 Publication: November 27, 2022, in the Greeley Tribune Second Reading: December 7, 2022 Publication: December 11, 2022, in the Greeley Tribune Final Reading: December 21, 2022 Publication: December 25, 2022, in the Greeley Tribune Effective: December 30, 2022 PAGE 4 2022-3382 ORD2022-08 Hello