HomeMy WebLinkAbout20213017.tiffWELD COUNTY
CODE ORDINANCE 2021-15
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23
ZONING AND CHAPTER 24 SUBDIVISIONS, 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 certain existing Chapters of the Weld County Code be, and hereby
are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as
follows.
CHAPTER 23
ZONING
ARTICLE I — General Provisions
Amend Sec. 23-1-90. Definitions.
The following specific words and phrases, when appearing in this Chapter in uppercase
letters, shall have the meanings stated in this Section:
Add BUILDING COVERAGE: The
STRUCTURESBU I LDI INS;
percentage of a LOT covered by
PUBLIC WATER: A system for the provision to the public of water for human consumption
through pipes or other constructed conveyances if such system has at least fifteen (15) service
connections or regularly serves at least twenty-five (25) individuals. The term includes systems
that are owned or operated by private, nonprofit entities, as well as:
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a. Any collection, treatment, storage, and distribution facilities under control of the operator
of such system and used primarily in connection with such system; and
b. Any collection or pretreatment storage facilities not under such control which are used
primarily in connection with such system.
Remainder of Section — No change.
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 S. — No change.
Add T. SOLAR ENERGY FACILITY (5 ACRE SEF), being less than five (5) acres in size, subject
to the additional requirements of Section 23-4-1030.
T. thru W. — No change. Reletter as U. thru X.
Amend Sec. 23-3-40. Uses by special review outside of subdivisions and historic
townsites.
The following BUILDINGS, STRUCTURES and USES may be constructed, occupied,
operated and maintained on LOTS outside of SUBDIVISIONS and HISTORIC TOWNSITES in
the A (Agricultural) Zone District upon approval of a Use by Special Review in accordance with
the requirements and procedures set forth in Article II, Division 4 of this Chapter, or Article II,
Division 5, in the case of MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES.
A. thru B. — No change.
C. More ACCESSORY CARGO CONTAINERS than the number allowed by Section 23-3-30.
D. thru EE. — No change.
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FF. SOLAR ENERGY FACILITIES (SEF'S), being more than five (5) acres in size but less than
one -hundred sixty (160) acres in the Near/Urban Area as shown on Appendix 21-B, or being
more than five (5) acres but less than three -hundred twenty (320) acres in the Ag/Rural Area
as shown on Appendix 21-B, subject to the additional requirements of Section 23-4-1030.
Remainder of Section — No change.
Amend Sec. 23-3-50. Accessory uses in subdivisions and townsites.
The following BUILDINGS, STRUCTURES and USES shall be allowed in the A (Agricultural)
Zone District on LOTS in SUBDIVISIONS and HISTORIC TOWNSITES so long as they are clearly
incidental and ACCESSORY to an allowed USE.
Remainder of Section — No change.
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 O. — No change.
Add P. SOLAR ENERGY FACILITY (5 ACRE SEF), being less than five (5) acres in size, subject
to the additional requirements of Section 23-4-1030.
P. thru S. — No change. Reletter as Q. thru T.
Amend Sec. 23-3-60. Uses by special review in subdivisions.
The following BUILDINGS, STRUCTURES and USES may be constructed, occupied,
operated and maintained on LOTS in SUBDIVISIONS in the A (Agricultural) Zone District upon
approval of a Use by Special Review in accordance with the requirements and procedures set
forth in Article II, Division 4 of this Chapter.
Delete A.
B. - No change. Reletter as A.
Add B. BUILDINGS or STRUCTURES exceeding the maximum BUILDING COVERAGE.
C. — No change.
D. More than one (1) ACCESSORY CARGO CONTAINER.
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E. thru N. — No change.
Delete O.
P. thru CC. — No change. Reletter as O. thru BB.
Amend Sec. 23-3-65. Uses by special review in historic townsites.
The following BUILDINGS, STRUCTURES and USES may be constructed, occupied,
operated and maintained on LOTS in HISTORIC TOWNSITES in the A (Agricultural) Zone District
upon approval of a Use by Special Review in accordance with the requirements and procedures
set forth in Article II, Division 4 of this Chapter.
Delete A.
B. and C. — No change. Reletter as A. and B.
Add C. BUILDINGS or STRUCTURES exceeding the maximum BUILDING COVERAGE.
D. thru E. — No change.
F. More than one (1) ACCESSORY CARGO CONTAINER.
G. thru W. — No change.
Delete X.
Y. thru OO. — No change. Reletter as X. thru NN.
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.
A. thru F. — No change.
Add G. BUILDING COVERAGE in SUBDIVISIONS and HISTORIC TOWNSITES exceeding ten
percent (10%) shall be reviewed internally for compliance with the drainage regulations of this
Code. BUILDING COVERAGE in SUBDIVISIONS and HISTORIC TOWNSITES shall not exceed
the following without an approved Use by Special Review allowing more coverage or without an
approved and constructed stormwater management plan for the SUBDIVISION or HISTORIC
TOWNSITE that allows a specified coverage in excess of the following:
1. Forty percent (40%) on LOTS six thousand square feet or less (≤ 6,000 SF).
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2. Between ten percent (10%) and forty percent (40%) on LOTS greater than six thousand square
feet (> 6,000 SF) up to one acre (≤ 1.0 ac) according to the following formula: Maximum
BUILDING COVERAGE = -6-152 x ln(LOT square -footage) + 1.7236( -0.149 x ln(LOT acreage)
+ Oa'a .
3. Ten percent (10%) on LOTS greater than one acre (> 1.0 ac).
!vision 2 - Residential Zone Districts
Amend Seca 23-3=110.
A.thru C.®Hoch
r-'
;
nge.
(L nsity Residential) Za District.
D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in
the R-1 Zone District so long as they are clearly incidental and ACCESSORY to an allowed
USE.
1. thru 4. - No change.
E. - No change.
F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be
constructed, occupied, operated and maintained in the R-1 Zone District upon approval of a
permit in accordance with the requirements and procedures set forth in Article II, Division 4 of
this Chapter.
- e 1. STRUCTURES exceeding maximum LOT CVERAGE.
2-,--thru 10. — Ne— nge enu m t a s4' --Remainder of Section — No change.
Amend Se
C
23=3-120. -2 (duplex Residential) Zone District.
A. thru C. — No change.
D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in
the R-2 Zone District so long as they are clearly incidental and ACCESSORY to an allowed
USE.
1. thru 4. — No change.
E. — No change.
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F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be
constructed, ccupied, operated and maintained in the R=2 Zone District upon approval of a
permit in accordance with the requirements and procedures set forth in Article II, Division 4 of
this Chapter.
D -ete--1. STRUCTURHS T URNS exceeding maximum LOT COVERAGE.
2. tf 1 u 9. r N-tGah-a-Pa
g . Renum-r—as-1. to-m--8-Remainder of Section — No change.
Amend Sec. 23-3-130. R-3 (Medium -Density Residential) Zone yIstricta
A. thru C. — No change.
D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in
the R-3 Zone District so long as they are clearly incidental and ACCESSORY to an allowed
USE.
1. thru 4. — No change.
E. — No change.
F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be
constructed, occupied, operated and maintained in the R-3 Zone District upon approval of a
permit in accordance with the requirements and procedures set forth in Article II, Division 4 of
this Chapter.
-Data-, 1. STRUCTURES exceeding maximum LOT COVERAGN.:
c h-ange. 3 ur--per as 1. t rug .Remainder of Section — No chance.
Amen • Sec. 234-140. `_ -4 (High -Density esidential) Zone District.
A. thru C. — No change.
D. Accessory Uses. The following UILDINOS, STRUCTURES and USES shall be allowed in
the R-4 Zone District so long as they are clearly incidental and ACCESSORY to an all wed
USE.
1. thru 4. — No change.
E. — No change.
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F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be
constructed, occupied, operated and maintained in the R-4 Zone District upon approval of a
permit in accordance with the requirements and procedures set forth in Article II, Division 4 of
this Chapter.
DeL'ete 1. STRUCTURES exceeding maximum LOT COVERAGE.
2. " a. ---n., ange. c ,�ibe -3 -- -,ru &-Remainder of Section ® No change.
b
nd Sec. 23-3-150. R-5 (Manufactured Home Residential) Zone District.
A. thru C. — No change.
D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in
the R-5 Zone District so long as they are clearly incidental and ACCESSORY to an allowed
USE.
1. thru 4. — No change.
E. — No change.
F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be
constructed, occupied, operated and maintained in the R-5 Zone District upon approval of a
permit in accordance with the requirements and procedures set forth in Article II, Division 4 of
this Chapter.
Delete -1. STRUCURES exceeding maximum LOT COVERAGE.
2. thru . -3- No- rr na , Ren b s &-Rernai i der of Section ® No ch nqe.
Amend Sec. 23-3-1 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.
Amend Table 23.2
ulk " :e -uirements for R-1, R-2, R-3, R-4, and R-5 Zone Districts
Section
Requirement
R-1
R-2
R-3
R-4.
R-5
A.
Minimum
LOT
size (sq.
ft.)
6,000
6,000
6,000
6,000 m
6,000
B.
Minimum
UNIT
(sq.
LOT
ft.)
area
per
DWELLING
6,000
3,000
3,000
1,500
3,000
C.
50
50
50
50
50
Minimum
LOT width
D.
20
20
20
20
20
Minimum SETBACK
(feet)
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E.
Minimum OFFSET (feet).
Five (5) feet, or one (1) foot for each three
(3) feet of BUILDING HEIGHT, whichever is
greater, or zero (0) for attached DWELLING
UNITS, where permitted and where located
along a party wall meeting the requirements
of Chapter 29 of the Weld County Code.
F.
Maximum BUILDING HEIGHT (feet)
30
30
30
45
30
G.
Maximum LOT COVERAGE C/0)
50
50
60
70
60
H.
1. Maximum number of ANIMAL UNITS
permitted per LOT
2
0
0
0
0
2. Maximum number of poultry hens, no
roosters, permitted per LOT.
N/A
0
0
0
4
I.
Maximum number of HOUSEHOLD
Up to four (4) of one (1) species or a total of
PETS per premises
seven (7) of two (2) or more species.
Remainder of Section — No change.
Division 5 - E (Estate) Zone District
Amend Sec. 23-3-420. Accessory uses.
The following BUILDINGS, STRUCTURES and USES shall be allowed in the E (Estate) Zone
District so long as they are clearly incidental and accessory to an allowed USE. Exterior portions
of all ACCESSORY BUILDINGS, including the roof, shall be constructed of nonreflective
materials.
Remainder of Section — No change.
Amend Sec. 23-3-430. Uses by special review.
The following BUILDINGS, STRUCTURES and USES may be constructed, occupied,
operated and maintained in the E Zone District upon approval of a permit in accordance with the
requirements and procedures set forth in Article II, Division 4 of this Chapter.
Delete A.
B. — No change. Reletter as A.
Add B. BUILDINGS or STRUCTURES exceeding the maximum BUILDING COVERAGE.
Remainder of Section — No change.
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Amend Sec. 23-3-440. Bulk req irements.
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 E. — No change.
F. Maximum BUILDING COVERAGE without an approved Use by Special Review or without an
approved and constructed stormwater management plan for the SUBDIVISION that allows a
specified coverage: 10%.
Remainder of Section — No change.
ARTICLE IV - Supplementary District Regulations and Zoning Permits
ivision 6 - Permitting Requirements ft Wind Generators and for Solar Energy Facilities
Less than Five (5) Acres (5 ACRE SEF)
Amend Sec. 234475. — Notification and appeal of denial.
A. — No. change
B. The Department of Planning Services shall send notice, mailed first-class, to owners of LOTS
within five hundred (500) feet of the subject property notifying them of the application and their
opportunity to object to the issuance of the zoning permit, which shall be submitted by returning
the signed form sent by the Department of Planning Services within twenty-one (21) days.
Remainder of Section — No change.
CHAPTER 24
SUBDIVISIONS
ARTICLE I - General Provisions
Amend Sec. 24-1-40. Definitions.
For the purposes of Chapters 24 and 27, the following words and phrases shall have the
meanings stated in this Section:
Public water. A system for the provision to the public of water for human consumption through
pipes or other constructed conveyances if such system has at least fifteen (15) service
connections or regularly serves at least twenty-five (25) individuals. The term includes systems
that are owned or operated by private, nonprofit entities, as well as:
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(a) Any collection, treatment, storage, and distribution facilities under control of the operator
of such system and used primarily in connection with such system; and
(b) Any collection or pretreatment storage facilities not under such control which are used
primarily in connection with such system.
Remainder of Section — No change.
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is,
directed to arrange for Municode to supplement the Weld County Code with the amendments
contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they
currently exist within said Code; and to resolve any inconsistencies regarding capitalization,
grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections
in said Code.
BE IT F _ RTHER 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.
The above and foregoing Ordinance Number 2021-15 was, on motion duly made and
seconded, adopted by the following vote on the 10th day of November, A.D., 2021.
BOARD OF COUNTY COMMISSI NERS
WELD COUNTY, COLORADO
ATTEST:
Steve Moreno, Chair
Weld County Clerk to the Board
Scott K. James, Pro -Tern
BY:
Deputy Clerk to the Board EXCUSED
Perry L. Buck
APPROVED AS TO FORM:
Mike Freeman
County Attorney
Lori Saine
Date of signature:
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Publication: September 17, 2021
First Reading: October 11, 2021
Publication: October 15, 2021, in the Greeley Tribune
Second Reading: October 25, 2021
Publication: October 27, 2021, in the Greeley Tribune
Final Reading: November 10, 2021
Publication: November 12, 2021, in the Greeley Tribune
Effective: November 17, 2021
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