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Home My WebLink About20213153.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of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows.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 percentage of a LOT covered by BUILDINGS. 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, and which meets the requirements of Section 24-3-70.B. The term includes systems that are owned or operated by private, nonprofit entities, as well as: PAGE 1 4780428 Pages: 1 of 11 11/30/2021 10:47 AM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO II 2021-3153 GC . CTl3C(G /CH) FI( ►/So/CP), ORD2021-15 ACT(CD), RD (M), CA(AAA PL(TP/A5) Iz/q /21 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. PAGE 2 2021-3153 ORD2021-15 4780428 Pages: 2 of 11 11/30/2021 10:47 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII NUrjIL'JIMICr 'i't OP I 4i iI 11 FF. SOLAR ENERGY FACILITIES (SEES), 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 exceeding the maximum BUILDING COVERAGE. C. — No change. D. More than one (1) ACCESSORY CARGO CONTAINER. PAGE 3 2021-3153 ORD2021-15 4780428 Pages: 3 of 11 11/30/2021 10:47 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO Pill >+tiG�� 1��4h h�hCL�A'11�M�M'� Yak III II 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 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). PAGE 4 2021-3153 ORD2021-15 4780428 Pages: 4 of 11 11/30/2021 10:47 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII PAN:MTh' 4.1411111 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 = ( -0.149 x In(LOT acreage)) + 0.1. 3. Ten percent (10%) on LOTS greater than one acre (> 1.0 ac). Division 2 - Residential Zone Districts Amend Sec. 23-3-110. R-1 (Low -Density Residential) Zone District. A. thru C. — No change. 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. 1. STRUCTURES exceeding maximum LOT COVERAGE. Remainder of Section — No change. Amend Sec. 23-3-120. R-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. F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, 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. PAGE 5 2021-3153 ORD2021-15 4780428 Pages: 5 of 11 11/30/2021 10:47 AM R Fee:$0.00 Carly Koppss, Clerk and Recorder, Weld County , CO �� U��R'W+� h�G+► h�i�'I��h� �m �� 101 1. STRUCTURES exceeding maximum LOT COVERAGE. Remainder of Section — No change. Amend Sec. 23-3-130. R-3 (Medium -Density Residential) Zone District. 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. 1. STRUCTURES exceeding maximum LOT COVERAGE. Remainder of Section — No change. Amend Sec. 23-3-140. R-4 (High -Density Residential) Zone District. A. thru C. — No change. D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the R-4 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-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. 1. STRUCTURES exceeding maximum LOT COVERAGE. Remainder of Section — No change. PAGE 6 4780428 Pages: 6 of 11 11/30/2021 10:47 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111 IrrilrillliNOWSLUI AtIA AN:11. hi IA41I II1 2021-3153 ORD2021-15 Amend 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. 1. STRUCTURES exceeding maximum LOT COVERAGE. 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. Amend Table 23.2 Bulk Requirements 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 6,000 B. Minimum LOT area per DWELLING 6,000 3,000 3,000 1,500 3,000 UNIT (sq. ft.) C. Minimum LOT width 50 50 50 50 50 D. Minimum SETBACK (feet) 20 20 20 20 20 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 2 0 0 0 0 PAGE 7 2021-3153 ORD2021-15 4780428 Pages: 7 of 11 11/30/2021 10:47 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , Co VIII NUS.rM'�N '�h�i�'�'��wY�h+ l6 � IBS � rY4Hls 11111 permitted per LOT 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 exceeding the maximum BUILDING COVERAGE. Remainder of Section — No change. 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 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%. PAGE 8 2021-3153 ORD2021-15 4780428 Pages: 8 of 11 11/30/2021 10:47 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO liii rdp' w�� Pf 'f4iul'l+�h� I�I�i k'�C �� 11111 Remainder of Section — No change. ARTICLE IV — Supplementary District Regulations and Zoning Permits Division 6 — Permitting Requirements for Wind Generators and for Solar Energy Facilities Less than Five (5) Acres (5 ACRE SEF) Amend Sec. 23-4-475. — 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, and which meets the requirements of Section 24-3-70.B. of the Weld County Code. The term includes systems that are owned or operated by private, nonprofit entities, as well as: (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. PAGE 9 4780428 Pages: 9 of 11 11/30/2021 10:47 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 2021-3153 ORD2021-15 ARTICLE III - Subdivision Design Standards Amend Sec. 24-3-70. Potable water supply standards. A. — No change. B. Public Water Supply Systems. 1. — No change. 2. Where a public water supply system is provided through a municipality, water district, water company or association, the applicant must provide evidence of an adequate water supply and ability to serve the land division. If a new public water supply system is proposed, the applicant shall provide a certified letter from the State Engineer stating that proper water rights have been acquired, or a proper nontributary source is available for the future use, prior to approval of the land division. The public water supply system shall be approved by the Colorado Department of Public Health and Environment Water Quality Control Division. If the applicant cannot demonstrate approval of the public water supply system by the Water Quality Control Division because the system does not yet serve a minimum of twenty-five (25) persons or fifteen (15) taps, the applicant may submit a full design of the system for review by the County. Such design shall meet all requirements of the Division of Water Quality's New Public Water System Capacity Planning Manual and the Design Criteria for Potable Water Systems, and shall be stamped by a Colorado -licensed engineer. The applicant shall pay a reasonable fee that covers the costs incurred by the County in reviewing of the public water supply system design, which may include the costs of a contracted engineer. Remainder of Section — No change. BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Municode to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections in said Code. BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. PAGE 10 2021-3153 ORD2021-15 4780428 Pages: 10 of 11 11/30/2021 10:47 AM R Fee:$0.00 Carly�IKoppess, Clerk and Recorder, Weld County) ,I CO W�� Il irl rIM IAkti �� MINIM I�Mlil 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 COMMISSIONERS �,�,/ WELD COUNTY, COLORADO ATTEST: ddm„,,) < • EXCUSED Steve oreno, Ch_' Weld County Clerk to the Board / es, Pro- BY: APP Lori Sa my orney Date of signature: ( l 115/21 Publication: 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 Perry L. B ike Freeman September 17, 2021 PAGE 11 4780428 Pages: 11 of 11 11/30/2021 10:47 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 2021-3153 ORD2021-15 lIII I UT 1O1411 II 0,41- I I !•T! L T II •M E •r! ATT E ,> J�,, F 5� EPE E Li ZON0G kV\D C APTE 24 S 50.1 G EL '.C TY E R 5� :1�. "E 20:2.1 =1 - 1 ' fi !.� � �. 11 NY ND REE 1/ISIO yLY.�S ACTT NGs nl't„' ITH F THE W_ LD r : //- /0 -a-tit EN Icli j ENTS, S, HAPTE 23 OUNTY CO {E E IT ORD MED ,Y T B .x RD OF C 1:LINTY C % MISSI NERS OF THE C LINTY OF HE:`"E 5 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 WHEREA , the L:oard of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 20001, enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted n 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, THEREFOs E, 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 ARTICLE I = General Pro ... esl Amend Sec. 23-1-90. Definifio , so 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 percentage of a LOT covered by BUILDINGS. 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, and wiich meets the reguftements of Section 24-3-70.B. The term includes systems that are owned or operated by private, nonprofit entities, as well as: PAGE 1 2021-3153 OR®2021-15 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 Divisio ,, .1 I (krricuItural) 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 SEE), 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. PAGE 2 2021-3153 ORD2021-15 FF. SOLAR ENERGY FACILITIES (SEES), 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 23-3-50a ,.:access:•: Y ustts in subdivisions and townsit .s. 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. mend Sec. 23-3- ses Vowed by permit in subdivisi s and historic t #.wnsites. 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 0. ® 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® 234 O 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-ar-STflRES exceeding the maximum BUILDING COVERAGE. C. — N change. D. More than one (1) ACCESSORY CARGO CONTAINER. PAGE 3 2021-3153 ORD2021-15 E. thru N. — No change. Delete P. thru CC. — No change. Reletter as 0. thru BB. Amend Sec. 23-3-65. . ses by special review in historic to nsltes0 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- T-R-ICTU-ES exceeding the maximum BUILDING COVE GE. D. thru E. — No change. F. More than one (1) ACCESSORY CARGO CONTAINER. G. thru W. — No change. Delete X. Y. thru 00. — No change. Reletter as X. thru NN. men Sec. 23-340. = t a l r• u i rements. 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 .n 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 (5. 6,000 SF). PAGE 4 2021-3153 ORD2021-1 b 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 = ( -0.149 x In(LOT acreage)) + 0.1. 3. Ten percent (10%) on LOTS greater than one acre (> 1.0 ac). Division 2 - Residential Zone Districts Amend Sec. 23-3-110. R-1 (Low -Density Residential) Zone District. A. thru C. — No change. 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. 1. STRUCTURES exceeding maximum LOT COVERAGE. Remainder of Section — No change. Amend Sec. 23-3-120. R-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. F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, 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. PAGE 5 2021-3153 ORD2021-15 1. STRUCTURES exceeding maximum LOT COVERAGE. Remainder of Section — No change. mend Sec. 23®-13 A. thru C. — No change. Q edit ®: ensity ' esidential) Zone District. 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 ACCESS RY 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. 1. STRUCTURES exceeding maximum LOT COVERAGE. Remainder of Section — No change. S 23-344 A. thru C. — No change. -4 (High -Density t'tesi ential) Z istrictm D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the R-4 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-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. 1. STRUCTURES exceeding maximum LOT COVEGE. Remainder of Section — No change. PAGE 6 2021-3153 RD2021-15 Amend 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. 1. STRUCTURES exceeding maximum LOT COVERAGE. 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. Amend Table 23.2 Bulk Requirements 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 6,000 B. Minimum LOT area per DWELLING 6,000 3,000 3,000 1,500 3,000 UNIT (sq. ft.) C. Minimum LOT width 50 50 50 50 50 D. Minimum SETBACK (feet) 20 20 20 20 20 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 (%) 50 50 60 70 60 H. 1. Maximum number of ANIMAL UNITS 2 0 0 0 0 PAGE 7 2021-3153 ORD2021-15 permitted per LOT 2. roosters, Maximum number permitted of per poultry LOT. hens, no 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. 23-3m 20. ccessory 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. 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 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%. PAGE 8 2021-3153 ORD2021-15 Remainder of Section - No change. ARTICLE IV - Supplementary District Regulations and Zoning Permits Division 6 - Permitti�h Eg Requirements for Wind Generators and for Solar Energy Facilities Less than Five (5) Acres (5 CRE SEF) Amend Sec. 23-4-475. — A. — No. change Notification and appeal of denial. 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. 2421-40. 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, and which meets the requirements of Section 24-3-i0.B. of the Weld County Code. The term includes systems that are owned or operated by private, nonprofit entities, as well as: (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. PAGE 9 2021-3153 ORD2021-15 ARTICLE In m Subdivision Design Standards Amend Sec. 24-3-70. Potable water supply standards. A. — No change. B. Public Water Supply Systems. 1. — No change. 2. Where a public water supply system is provided through a municipality, water district, water company or association, the applicant must provide evidence of an adequate water supply and ability to serve the land division. If a new public water supply system is proposed, the applicant shall provide a certified letter from the State Engineer stating that proper water rights have been acquired, or a proper nontributary source is available for the future use, prior to approval of the land division. The public water supply system shall be approved by the Colorado Department of Public Health and Environment Water Quality Control Division. If the applicant cannot demonstrate approval of the public water supply system by the Water Quality Control Division because the system does not yet serve a minimum of twenty-five (25) persons or fifteen (15) taps, the applicant may submit a full design of the system for review by the County. Such design shall meet all requirements of the Division of Water Quality's New Public Water System Capacity Planning Manual and the Design Criteria for Potable Water Systems, and shall be stamped by a Colorado -licensed engineer. The applicant shall pay a reasonable fee that covers the costs incurred by the County in reviewing of the public water supply system design, which may include the costs of a contracted engineer. Remainder of Section — No change. BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Municode to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections in said Code. BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. PAGE 10 2021-3153 ORD2021-15 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 COMMISSIONERS WELD COUNTY, COLORADO ATTEST: EXCUSED Steve Moreno, Chair Weld County Clerk to the Board Scott K. James, Pro-Tem BY: Deputy Clerk to the Board Perry L. Buck APPROVED AS TO FORM: Mike Freeman County Attorney Lori Saine Date of signature: Publication: First Reading: Publication: Second Reading: Publication: Final Reading: Publication: Effective: September 17, 2021 October 11, 2021 October 15, 2021, in the Greeley Tribune October 25, 2021 October 27, 2021, in the Greeley Tribune November 10, 2021 November 12, 2021, in the Greeley Tribune November 17, 2021 PAGE 11 2021-3153 ORD2021-15 Hello