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Home My WebLink About20213216.tiff&vend IR-eacid* 11 -t5 -(2.40‘5z( WELD COUNTY CODE ORDINANCE 2021-16 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of County Commissioners of the County of Weld State of Colorado, Chapter 23 of the Weld County Code be, and hereby is, repealed and re-enacted, with amendments, to read as follows.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. The following specific words and phrases, when appearing in this Chapter in uppercase letters, shall have the meanings stated in this Section: Delete ANIMATED SIGN. BANNER SIGN: Any SIGN that is painted or printed on cloth, vinyl, or other flexible material, which is designed to be stretched between poles, fence posts, or wire, or hung on walls with ties, clips, rails, rivets, hooks, or frames. Delete BEACON. Delete BILLBOARD. Delete BUILDING MARKER. Delete BUILDING SIGN. PAGE 1 2021-3216 ORD2021-16 Delete CANOPY SIGN. Delete CHANGEABLE COPY SIGN. Delete COMMERCIAL MESSAGE. DERELICT SIGN: A SIGN that is partially or total y damaged by fire, earthquake, wind, or other natural causes, or is in a state of general dilapidation, deterioration, or decay resulting from vandalism. animal infestation. or lack of maintenance. Delete DEVELOPMENT SIGN. Add ELECTRONIC MESSAGE DISPLAY: A SIGN or a portion of a SIGN with a display surface composed of light -emitting diodes (LEDs) or similar light sources and capable of displaying varying words, symbols, figures, or images that can be electronically or mechanically changed by remote or automatic means. FLAG: Any SIGN made of fabric attached to a pole and having a width approximately equal to twice its height. FREESTANDING SIGN: Any SIGN supported by STRUCTURES or supports that are placed on, and anchored in, the ground and that are independent from any BUILDING or other STRUCTURE. Delete IDENTIFICATION SIGN. Delete INCIDENTAL SIGN. NONCONFORMING SIGN: A SIGN that does not conform to a provision or requirement of this Chapter, but which was lawfully established prior to the time of its applicability. Delete OFF -SITE DIRECTIONAL. Delete PENNANT. PORTABLE SIGN: Any SIGN greater than six (6) square feet that is designed to be transported, including, but not limited to, SIGNS designed to be transported by means of wheels. Delete PROJECTING SIGN. Delete REAL ESTATE PROMOTION SIGN. Delete RESIDENTIAL SIGN. Delete ROOF SIGN. SIGN: Any object, device, display, STRUCTURE or part thereof that includes (or is specifically designed to include) lettered, pictorial, or sculptured matter that is intended to convey information to people on a sidewalk, in a parking lot, on a PUBLIC STREET/ROAD or other RIGHT-OF-WAY, or on nearby property. PAGE 2 2021-3216 ORD2021-16 Delete SIGN, FLUSH WALL. Delete SUSPENDED SIGN. Delete TEMPORARY SIGN. Delete WALL SIGN. Delete WINDOW SIGN. Delete ZONE LOT. ARTICLE II — Procedures and Permits Division 3 — Site Plan Review Amend Sec. 23-2-160. Application requirements for site plan review. Any person wanting to apply for a Site Plan Review shall arrange for a preapplication conference with the Department of Planning Services. The purpose of the application is to give the applicant an opportunity to demonstrate, through written and graphic information, how the proposal complies with the standards of this Chapter. The following supporting documents shall be submitted as a part of the application: A. thru K. — No change. L. Reserved. M. thru V. — No change. W. Site Plan Review Map. The applicant shall submit the draft map for preliminary approval to the Department of Planning Services in electronic (.pdf) format. The site plan map shall show and comply with the following requirements: 1. thru 9. — No change. 10. All existing and proposed STRUCTURES excluding SIGNS, and their dimensions including FREESTANDING SIGNS. and approximate distances to the nearest property lines. Delete 11. Renumber subsequent items. Remainder of Section — No change. PAGE 3 2021-3216 ORD2021-16 Division 4 - Uses by Special Review Amend Sec. 23-2-240. Design standards. A. An applicant for a Use by Special Review shall demonstrate compliance with the following design standards in the application and shall continue to meet these standards if approved for DEVELOPMENT. 1. thru 11. — No change. 12. The placement of SIGNS on the site shall comply with the requirements of Article IV, Division 2 of this Chapter. Remainder of Section — No change. Amend Sec. 23-2-260. Application requirements. A. - No change. B. The following general information shall be submitted: 1. thru 14. — No change. Delete 15. Renumber 16. and 17. as 15. and 16. C. — No change. D. Special Review Permit Plan Map. 1. thru 4. — No change. 5. Plot Plan. A plot plan of the Use by Special Review area shall be drawn on the Special Review Permit Plan Map. a. thru b. — No change. c. The plot plan shall include the location and identification of all of the following items within a two -hundred -foot radius of the boundaries of the LOT(S), as well as within the LOT(S) itself; it shall also include the proposed features and STRUCTURES of the Use by Special Review: 1) — No change. 2) All existing and proposed STRUCTURES, excluding SIGNS, and their dimensions including FaEESTA , and approximate distances to the nearest property lines. 3) thru 12) — No change. PAGE 4 2021-3216 ORD2021-16 Delete 13) Renumber 14) as 13) Remainder of Section — No change ARTICLE IV — Supplementary District Regulations and Zoning Permits Division 2 - Signs Amend Sec. 23-4-60. Purposes, intent, and applicability. A The purpose of this Division is to provide standards to promote, preserve, and protect the health, safety, and general welfare in the unincorporated lands of the COUNTY B These regulations are intended to 1 Encourage the effective use of SIGNS as a means of communication, 2 Protect the safety of pedestrians and motorists by avoiding excessive levels of distraction, 3 Maintain and enhance the appearance of the COUNTY by avoiding excessive levels of visual clutter, 4 Ensure SIGNS in unincorporated Weld County are well -constructed and maintained, 5 Safeguard property values and promote economic development, 6 Minimize the potential adverse effects of SIGNS on nearby public and private property, and 7 Recognize rights of free speech by regulating SIGNS in a fair, consistent, and content neutral manner C No SIGN shall be erected, placed, established, painted, created, enlarged, or maintained in unincorporated Weld County, except in conformance with this Code D SIGNS erected or maintained by the COUNTY or the Colorado Department of Transportation shall be exempt from the provisions of this Division Amend Sec. 23-4-70. General provisions. A SIGNS and components, including supports, braces, and anchors, shall be of sound structural quality and shall be kept in a state of good repair with a clean and neat appearance B Lighting SIGNS that are electronically adjustable for lighting shall comply with the provisions of this subsection Other SIGNS shall be brought into compliance with this subsection when any maintenance is conducted on the lighting system, including, without limitation, replacing bulbs and fixtures PAGE 5 2021-3216 ORD2021-16 1. The intensity of the light source shall not produce glare, the effect of which constitutes a traffic hazard or is otherwise detrimental to the public health, safety, or welfare. 2. The use of exposed light bulbs independently or as a SIGN or portion of a SIGN that is ✓ isible from any LOT line on which the SIGN is located is prohibited. 3. Light sources shall be directed and shielded such that SIGNS do not create light spillover of greater than three -tenths (0.3) footcandles in excess of ambient lighting conditions o nto any adjoining LOT or RIGHT-OF-WAY. ELECTRONIC MESSAGE DISPLAYS shall n ot cast illumination at a level exceeding three -tenths (0.3) footcandles over ambient lighting conditions onto any adjoining LOT or RIGHT-OF-WAY. 4. SIGNS in the Agricultural, Residential, and Estate zones shall not contain internal illumination but may be externally illuminated in compliance with this subsection. Add 5. Illuminated SIGNS and their lighting shall not flash, blink, flicker, vary in intensity, o r move. C. No SIGN shall be erected within or extend over RIGHT-OF-WAY except by the owner of the RIGHT-OF-WAY. The COUNTY may remove and dispose of any SIGN within COUNTY RIGHT-OF-WAY without notice. D. If a LOT is located in more than one (1) zoning district, the more restrictive SIGN limits shall apply to the entire LOT. E. SIGNS other than FLAGS shall be stationary at all times. F. SIGNS shall comply with applicable state and federal regulations. G For the purposes of this Code, PORTABLE SIGNS shall be considered FREESTANDING SIGNS and shall be required to comply with all applicable regulations. H. The following are prohibited in all zoning districts in unincorporated Weld County: 1. Searchlights, flashing lights, mirrors, flames, smoke, or beacons used to attract attention to a business. Delete 2. Flashing SIGNS. 3. thru 5. — No change. Renumber as 2. thru 4. 5. BANNER SIGNS affixed to SEMI -TRAILERS, vehicles, or other movable objects. Add 6. A CARGO CONTAINER shall not be used in any manner to display a SIGN. Remainder of Section — No change. PAGE 6 2021-3216 ORD2021-16 Delete Sec. 23-4-75. Definitions. Amend Sec. 23-4-80. Electronic message displays. A. ELECTRONIC MESSAGE DISPLAYS are only allowed in Commercial and Industrial zoning districts and PLANNED UNIT DEVELOPMENTS with Commercial and Industrial zone USES. B. ELECTRONIC MESSAGE DISPLAYS shall not be located within five hundred (500) feet of any LOT zoned Residential, Estate, or PLANNED UNIT DEVELOPMENT with Residential or Estate USES or any incorporated LOT with residential USES, unless the ELECTRONIC MESSAGE DISPLAY faces away from the residential LOT. C. No more than fifty (50) percent of the area of a FREESTANDING SIGN may consist of an ELECTRONIC MESSAGE DISPLAY. D. No more than fifty (50) percent of the area of allowed signage on a wall may consist of an ELECTRONIC MESSAGE DISPLAY, and the back of the SIGN shall be Bosh to the wali. rather than i projectingnot project more than one (1) foot from the wall. E. ELECTRONIC MESSAGE DISPLAYS shall be equipped with a malfunction display and the ability to automatically shut off if a malfunction occurs, shall have automatic dimmer software or ambient light monitors to control brightness for nighttime viewing, and shall comply with lighting provisions of this Division 2. The display of an ELECTRONIC MESSAGE DISPLAY, including its brightness, shall not change more frequently than every ten (10) seconds. ELECTRONIC MESSAGE DISPLAYS shall change only instantly or through dissolve or fade transitions, or with the use of other subtle transitions and frame effects that do not have the appearance of moving text or images. Existing ELECTRONIC MESSAGE DISPLAYS shall be brought into compliance with this subsection upon the effective date of the ordinance. Amend Sec. 23-4-90. Regulations Egon the size and number of signs. A. Commercial (C) and Industrial (I) zones: 1. SIGNS on BUILDINGS in the C and I zones: a. SIGNS on BUILDINGS shall be limited to no more than ten percent (10%) of the area of the wall to which it is attached (measured as a two -dimension projection), up to a maximum of one hundred fifty (150) square feet total on any given wallper individual SIGN, with no limit on the number of such SIGNS. b. BANNER SIGNS attached to walls shall not count toward the maximum area of signage for the wall. 2. FREESTANDING SIGNS in the C and I zones: a. Number. LOTS of five (5) or more acres with at least five hundred (500) feet of frontage on one (1) or more PUBLIC STREET/ROAD shall be limited to two (2) PAGE 7 2021-3216 ORD2021-16 FREESTANDING SIGNS. All other LOTS snail be limited to one (1) FREESTANDING SIGN. b. Height. FREESTANDING SIGNS in the C and I zones shall be limited to no more than twenty-five (25) feet in height. c. Area. On LOTS of less than two (2) acres, FREESTANDING SIGNS in the C and I zones shall be limited to no more than seventy-five (75) square feet in area, unless the height of the SIGN is ten (10) feet or less, in which case the area is limited to ninety (90) square feet. 2) On all other LOTS, FREESTANDING SIGNS in the C and I zones shall be limited to no more than one hundred fifty (150) square feet in area, unless the height of the SIGN is ten (10) feet or less, in which case the area is limited to one hundred eighty (180) square feet. 3. BANNER SIGNS in the C and I zones: a. Number. LOTS of five (5) or more acres with at least five hundred (500) feet of frontage on a PUBLIC STREET/ROAD shall be limited to two (2) BANNER SIGNS. All other LOTS shall be limited to one (1) BANNER SIGN. b. Height. BANNER SIGNS not attached to walls shall be limited to no more than six (6) feet in height. c. Area. BANNER SIGNS shall be limited to no more than forty (40) square feet. B. Agricultural (A) zone outside of SUBDIVISIONS and HISTORIC TOWNSITES: 1. SIGNS on BUILDINGS in the A zone outside of SUBDIVISIONS and HISTORIC TOWNSITES: a. SIGNS on BUILDINGS shall be limited to no more than five percent (5%) of the area of the wall to which it is attached (measured as a two -dimension projection), up to a maximum of seventy-five (75) square feet total on any given wall, with no limit on the number of such SIGNS. b. BANNER SIGNS attached to walls shall not count toward the maximum area of signage for the wall. 2. FREESTANDING SIGNS in the A zone outside of SUBDIVISIONS and HISTORIC TOWNSITES: a. Number. LOTS of five (5) or more acres with at least five hundred (500) feet of frontage on one (1) or more PUBLIC STREET/ROAD shall be limited to two (2) PAGE 8 2021-3216 ORD2021-16 FREESTANDING SIGNS. All other LOTS shall be limited to one (1) FREESTANDING SIGN. b. Height. FREESTANDING SIGNS shall be limited to no more than fifteen (15) feet in height. c. Area. FREESTANDING SIGNS shall be limited to no more than seventy-five (75) square feet in area, unless the height of the SIGN is ten (10) feet or less, in which case the area is limited to eighty (80)ninety (90) square feet. 3. BANNER SIGNS in the A zone outside of SUBDIVISIONS and HISTORIC TOWNSITES: a. Number. LOTS of five (5) or more acres with at least five hundred (500) feet of frontage on a PUBLIC STREET/ROAD shall be limited to two (2) BANNER SIGNS. All other LOTS shall be limited to one (1) BANNER SIGN. b. Height. BANNER SIGNS not attached to walls shall be limited to no more than six (6) feet in height. c. Area. BANNER SIGNS shall be limited to no more than forty (40) square feet. C. Residential (R) and Estate (E) zones and in SUBDIVISIONS or HISTORIC TOWNSITES zoned Agricultural (A): 1. FREESTANDING SIGNS and BANNER SIGNS in the R and E zones and in SUBDIVISIONS or HISTORIC TOWNSITES zoned A: a. Number. LOTS in the R and E zones and in SUBDIVISIONS or HISTORIC TOWNSITES zoned A shall be limited to either one (1) FREESTANDING SIGN or one (1) BANNER SIGN. Height. FREESTANDING SIGNS and BANNER SIGNS shall be limited to no more than five (5) feet in height. c. Area. FREESTANDING SIGNS and BANNER SIGNS shall be limited to no more than twenty-five (25)thirty-two (32) square feet. 2. No SIGNS other than those described in Subsection C.1, above, are allowed in the R and E zones and in SUBDIVISIONS or HISTORIC TOWNSITES zoned A, except in accordance with Subsections D and E below. D. SIGNS on LOTS without a PRINCIPAL BUILDING, regardless of zoning: 1. Notwithstanding any provision in this Division 2 to the contrary, each SIGN on a LOT without a PRINCIPAL BUILDING shall be limited to sixty-four (64) square feet and not more than eight (8) feet in height, plus the SIGNS allowed in Subsection E below. PAGE 9 2021-3216 ORD2021-16 2 LOTS without a PRINCIPAL BUILDING shall be limited to not more than one (1) FREESTANDING SIGN for each PUBLIC STREET/ROAD that the LOT abuts 3 SIGNS located on a LOT without a PRINCIPAL BUILDING shall not be required to meet SETBACKS or OFFSETS as long as the entire SIGN and all its components are within the LOT Any SIGN located within future right-of-way shall be required to be relocated outside of future right-of-way at the expense of the owner of the SIGN upon written notice from the COUNTY 4 SIGNS erected on LOTS without a PRINCIPAL BUILDING shall not be considered nonconforming once a PRINCIPAL BUILDING is constructed or placed on the LOT, at which time SIGNS on the LOT shall be brought into compliance with the regulations of this Code E Other SIGNS In addition to other allowed SIGNS, each LOT may have up to five (5) SIGNS of up to six (6) square feet each F Regardless of zoning, limitations on SIGNS on LOTS owned and operated by public agencies shall be the same as for properties located in the C and I zones For the purposes of this section, "public agencies" shall include, but not be limited to, police, ambulance, and fire stations or facilities, water district OFFICES, PUBLIC SCHOOLS, PUBLIC libraries, and federal, state, and local government agencies Amend Sec 23-4-100. Nonconforming signs. Any legally established SIGN made nonconforming by adoption of, or amendment to, these regulations may continue to exist, so long as it remains otherwise lawful, subject to the following provisions A A SIGN shall not be altered structurally or moved unless it is made to comply with the provisions of this Code The repainting or reposting of display matter shall not be deemed a structural alteration B If a NONCONFORMING SIGN has been damaged to an extent less than fifty (50) percent of the construction value or replacement cost of the SIGN before it was damaged, the SIGN may be restored to the condition in which it existed previously before it was damaged Delete C Amend Sec. 23-4-110. Computations of sign area and height. A Computations of area of SIGNS The area of a SIGN face shall be computed by means of the smallest square, circle, rectangle, triangle or combination thereof, that will encompass the extreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the SIGN from the backdrop or STRUCTURE against which it is placed, but not including any supporting framework, bracing or decorative fence or wall clearly incidental to PAGE 10 2021-3216 ORD2021-16 the display itself The entire area of the STRUCTURE of a FREESTANDING SIGN shall be included in the calculation of SIGN area, except that portion of a SIGN below a height of seven (7) feet if said portion contains no signage other than the street address of the property B Computation of area of multi -faced SIGNS When two (2) SIGN faces (sides with signage) on a FREESTANDING SIGN are placed back to back or with an angle of less than forty-five (45) degrees between them, the SIGN area shall be computed by the measurement of only the larger of the faces For SIGNS with more than two (2) faces, or two-sided SIGNS with faces that are angled greater than forty-five (45) degrees apart, each face will be included when measuring the area of the SIGN For SIGNS attached to BUILDINGS, all SIGN faces shall be included C Computation of height SIGN height shall be computed as the vertical distance from mean natural grade at foundation to the highest point of the SIGN structure Natural grade shall be construed to be the lower of (1) existing grade prior to construction, or (2) the newly established grade after construction, exclusive of any filling, berming, mounding or excavating solely for the purpose of locating the SIGN Height limits for SIGNS shall not apply to flagpoles Amend Sec. 23-4-120. Requirements for setback, offset, and clearance. A Setbacks for SIGNS not on BUILDINGS Notwithstanding any other provision of this Code to the contrary, SIGNS ten (10) feet in height or less may be located anywhere on a LOT including on a LOT line abutting RIGHT-OF-WAY as long as the entire SIGN and all its components are within the LOT and as long as the SIGN complies with sight distance requirements, as described in Appendix 8-Q of this Code SIGNS greater than ten (10) feet in height shall be set back from all RIGHTS -OF -WAY a distance equal to the height of the SIGN STRUCTURE Any SIGN located within future right-of-way shall be required to be relocated outside of future right-of-way at the expense of the owner of the SIGN upon written notice from the COUNTY B OFFSETS Notwithstanding any other provision of this Code to the contrary, SIGNS larger than six (6) square feet shall have a required OFFSET distance equal to the height of the SIGN STRUCTURE An exception allowing a reduced OFFSET may be granted by the Director of Planning Services upon the submittal of a waiver on a form provided by the Department of Planning Services signed by the owner(s) of the LOT nearest the SIGN C SIGNS projecting over a driveway shall have at least fourteen (14) feet clearance above the surface of the driveway D SIGNS projecting over a walkway shall have at least nine (9) feet clearance above the surface of the walkway E Flagpoles shall be set back from all property lines a distance equal to the height of the pole PAGE 11 2021-3216 ORD2021-16 Division 17 — Zoning Permits for Certain Uses in the Agricultural Zone District Amend Sec. 23-4-1205. Design standards. The applicant shall demonstrate compliance with the following design standards in the application and shall continue to meet these standards if approved for DEVELOPMENT: A. thru K. — No change. L. The placement of SIGNS on the site shall comply with the requirements of Article IV, Division 2 of this Chapter. Remainder of Section — No change. Amend Sec. 23-4-1220. Application requirements. The following shall be submitted as a part of a zoning permit application: A. thru B. — No change. C. A Zoning Permit Plan of the property, a draft of which shall be submitted in electronic (.pdf) format and if approved shall be submitted on Mylar or other drafting media approved by the Department of Planning Services. The Zoning Permit Plan shall include, as applicable: 1. Existing and proposed STRUCTURES, excluding SIGNS, and their dimensions, including SIGNS, and approximate distances to the nearest property lines. All STRUCTURES to be used in conjunction with the zoning permit shall meet current SETBACKS and OFFSETS. 2. thru 4. — No change. Delete 5. Renumber subsequent items. Remainder of Section — No change. ARTICLE VII — Nonconforming Uses and Structures Amend Sec. 23-7-40. Nonconforming structures. Where a lawful STRUCTURE exists at the effective date of adoption of the ordinance codified herein or amendment of this Chapter that could not be built under the terms of this Chapter by reason of restrictions on area, LOT COVERAGE, height, its location on the LOT or other requirements concerning the STRUCTURE, such STRUCTURE may continue to exist so long as it remains otherwise lawful, subject to the following provisions: PAGE 12 2021-3216 ORD2021-16 A. thru D — No change Add E Refer to Section 23-4-100 for regulations on NONCONFORMING SIGNS Repeal Appendices 23-C, 23-D, and 23-E 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 The above and foregoing Ordinance Number 2021-16 was, on motion duly made and seconded, adopted by the following vote on the 6th day of December, A D , 2021 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST Steve Moreno, Chair Weld County Clerk to the Board Scott K James, Pro -Tern BY Deputy Clerk to the Board Perry L Buck APPROVED AS TO FORM EXCUSED Mike Freeman County Attorney Lori Same Date of signature PAGE 13 2021-3216 ORD2021-16 Publication September 17, 2021 First Reading October 18, 2021 Publication October 24, 2021, in the Greeley Tribune Second Reading November 15, 2021 Publication November 21, 2021, in the Greeley Tribune Final Reading December 6, 2021 Publication December 12, 2021, in the Greeley Tribune Effective December 17, 2021 PAGE 14 2021-3216 ORD2021-16 Hello