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Home My WebLink About20212859.tiffe� Cheryl Hoffman From: Sent: To: Subject: Attachments: 1.A1 //-794,,z/. Chloe Rempel Wednesday, November 10, 2021 10:44 AM Cheryl Hoffman FW: Ordinance 2021-15 3rd Post Hearing Ord21-15.3rd_Post Hearing.docx Chloe A. White Deputy Clerk to the Board Supervisor Clerk to the Board's Office Weld County 1150 O Street Greeley, CO 80631 Tel: (970) 400-4213 Email: crempel@weldgov.com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended o nly for the person or entity to which it is addressed and may contain information that is privileged, confidential o r otherwise protected from disclosure. If you have received this communication in error, please immediately n otify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Angela Snyder <asnyder@weldgov.com> Sent: Wednesday, November 10, 2021 10:41 AM To: Chloe Rempel <crempel@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Jan Warwick <jwarwick@weldgov.com>; Jessica Reid <jreid@weldgov.com> Subject: Ordinance 2021-15 3rd Post Hearing All, One further change was made by the BOCC, which was to add one small phrase to 24-1-40. I tracked the change in the attached doc. Let me know if you have any questions. Best, Angela Angela Snyder, CFM Planner II 1555 N 17th Ave Greeley, CO 80631 1 asnyder@weldgov.com (970) 400-3525 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 Remainder of Section — No change. ARTICLE !V m pie i enta istrict Re 6 ® Permitting Ret lire eats f Less th n Five (5) Acres (5 ACRE SE Am fat nd ec. 23®4®7 a A. - No. change uiatis ant Zoning r wind otification and appeal S enerats: -rs den n ermits for Solar En rgy Facilities 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. RTICLE I ®Genera PPions e:id Se 24=14 efiniti n iti 114 nss CHAPTER 2 SU,3DiISI 1 IF NS 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 consumptin through pipes or other constructed conveyances if such system has at least fifteen (15) service connections or regularly serves a₹ 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 2021-3153 ®RD2021-15 Cheryl Hoffman From: Sent: To: Cc: Subject: All, Angela Snyder Tuesday, November 9, 2021 2:45 PM Bob Choate; C-ieryl Hoffman; Esther Gesick Tom Parko Jr. RE: Ordinance 2021-15 BOCC Memo Two changes that do not need to be mentioned at third reading tomorrow: 1. A third instance of something to be struck based on 2nd reading discussion with Board Amend Sec. 23-3-430. Uses by special review. Add B. BUILDINGS or STRUCTURES exceeding the maximum BUILDING COVERAGE. 2. Typo — add missing parenthesis Amend Sec. 23-3-70. Bulk requirements. Add G. BUILDING ... 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. Angela Snyder, CFM Planner II 1555 N 17th Ave Greeley, CO 80631 asnyder@weldgov.com (970) 400-3525 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Angela Snyder Sent: Friday, November 5, 2021 11:04 AM To: Bob Choate <bchoate@weldgov.com>; Cheryl Hoffman <choffman@weldgov.com>; Esther Gesick <egesick@weldgov.com> 1 ao Cc: Tom Parko Jr. <tparko@weldgov.com> Subject: RE: Ordinance 2021-15 BOCC Memo Cheryl, I missed two instances that were part of the discussion at 2nd reading regarding using the term BUILDING instead of STRUCTURE when talking about BUILDING COVERAGE. The Board was in favor of the clarification, I just missed two other places where the confusing language still existed. All otherwise great! Angela Snyder, CFM Planner II 1555 N 17th Ave Greeley, CO 80631 asnyder@weldgov.com (970) 400-3525 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Bob Choate <bchoate@weldgov.com> Sent: Friday, November 5, 2021 10:06 AM To: Cheryl Hoffman <choffman@weldgov.com>; Esther Gesick <egesick@weldgov.com> Cc: Angela Snyder <asnyder@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com> Subject: RE: Ordinance 2021-15 BOCC Memo Looks good to me. Thanks! Bob Choate Assistant Weld County Attorney (970) 400-4393 From: Cheryl Hoffman <choffman@weldgov.com> Sent: Friday, November 5, 2021 9:41 AM To: Bob Choate <bchoate@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Cheryl Hoffman <choffman@weldgov.com> Cc: Angela Snyder <asnyder@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com> Subject: RE: Ordinance 2021-15 BOCC Memo I have made changes based on Bob's comments and redlined third reading draft for Ord2021-15. Please let me know if I've neglected any corrections. 2 DEPARTMENT OF PLANNING SERVICES MEMORANDUM TO: Weld County Board of County Commissioners FROM: Tom Parko, Jr, Director of Planning Services Angela Snyder, Planner II SUBJECT: Third Reading Ordinance 2021-15, staff -proposed modifications HEARING DATE: November 10, 2021 The Department of Planning Services staff recommends the following changes t: t ordinance as proposed at 2nd reading to accommodate new public water supply syste Chapter 23, ARTICLE 1— General Provisions Amend Sec. 23-1-90. Definitions. so PUBLIC WA TER: 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: 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. Chapter 24, ARTICLE Ill — Subdivision Design Standards Amend Sec. 24-3-70. Potable water supply standards. B. Public Water Supply Systems. 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. Page 1 of 1 Cheryl Hoffman I, T Cc: Subject: Angela Snyder; Bob Choate; Esther Gesick Tom Parko Jr. RE: Ordinance 2021-15 BOCC Memo Okay, thanks Angela. i'll incorporate these too. L. H Deputy Clerk to the Board 1150 O Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weldgovmcom Fr ,m9 Angela Snyder <asnyder@weldgov.com> Sent: Friday, November 5, 2021 11:04 AM Ti: Bob Choate <bchoate@weldgov.com>; Cheryl Hoffman <choffman@weldgov.com>; Esther Gesick <egesick@weldgov.com> Cc: Tom Parko Jr. <tparko@weldgov.com> Subject: RE: Ordinance 2021-15 BOCC Memo Cheryl, I missed two instances that were part of the discussion at 2nd reading regarding using the term BUILDING instead of STRUCTURE when talking about BUILDING COVERAGE. The Board was in favor of the clarification, I just missed two other places where the confusing language still existed. All otherwise great! Angela Snyder, CFM Planner II 1555 N 17th Ave Greeley, Co 80631 asnyder@weldgov.com (970) 400-3525 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 From: Bob Choate <bchoate@weldgov.com> Sent: Friday, November 5, 2021 10:06 AM To: Cheryl Hoffman <choffman@weldgov.com>; Esther Gesick <egesick@weldgov.com> Cc: Angela Snyder <asnyder@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com> Subject: RE: Ordinance 2021-15 BOCC Memo Looks good to me. Thanks! Bob Choate Assistant Weld County Attorney (970) 400-4393 From: Cheryl Hoffman <choffman@weldgov.com> Sento Friday, November 5, 2021 9:41 AM To: Bob Choate <bchoate@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Cheryl Hoffman <choffman@weldgov.com> @weldgov.com> Cc: Angela Snyder <asnyder@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com> Sbject: RE: Ordinance 2021-15 BOCC Memo I have made changes based on Bob's comments and redlined third reading draft for Ord2021-15. Please let me know if I've neglected any corrections. Thanks! L Hoffman Deputy Clerk to the Board 11.50 O Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weldgov.com From: Bob Choate <bchoate@weldgov.com> Sent: Friday, November 5, 2021 8:28 AM To: Chloe Rempel <crempel@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Jessica Reid <°reid @weldgov.com>; Jan Warwick <'warwick@weldgov.com> Cc: Cheryl Hoffman <choffman@weldgov.corn> Subject: FW: Ordinance 2021-15 BOCC Memo Good morning CTB, Following up on Angela's email below, I've attached my first effort at a redlined third reading draft of Ordinance 2021- 15. Feel free to use, edit, or disregard and do your own. I made this from the approved second reading version that Cheryl sent me. Thanks, Bob Choate Assistant Weld County Attorney (970) 400-4393 2 From: Angela Snyder <asnyder@weldgov.com> Sent: Friday, November 5, 2021 8:12 AM To: Chloe Rempel <crempel@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Jan Warwick <°warwick@weldgov.com>; Jessica Reid <jreid@weldgov°com> Cc: Tom Parko Jr. <tparko@weldgov°com>; Bob Choate <bchoate@weldgov.com> Subject: Ordinance 2021-15 BOCC Memo Hi All, Here is the memo with the suggested changes to Ordinance 2021-15 for the third reading. Let me know if you have any questions. Angela Angela Snyder, CFM Planner II 1555 N 17th Ave Greeley, CO 80631 asnyder@weldgov.com (970) 400-3525 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 3 ELD CT 2145 I T4'. E ?ATTER F '' EPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONI G i'Cti N t CHATE BE IT ORDAINED WELD, STATE .z 2, a. SU DIVISIONS, OF THE WELD COUNTY CODE THE BORD .F COUNTY COMMISSIONERS OF TE C LINTY OF OLOkAD 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 HEREAS, 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. No :r:.:', 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 ARTICLED m r enc-veal Provisions Amend Sec. 23®1-90o 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 2021-* ORD2021-15 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 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-* 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. 23-3-50. 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. PAGE 3 2021-* ORD2021-15 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 r STS T RES 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-* ORD2021-15 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-* ORD2021-15 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 2021-* 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 (%) 50 50 60 70 60 H. 1. Maximum number of ANIMAL UNITS 2 0 0 0 0 PAGE 7 2021-* ORD2021-15 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 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-* ORD2021-15 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. 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-* ORD2021-15 ARTICLE III - Subdivision Design Standards Amend Sec. 24-3-7Potable 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-* 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: 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: 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-* ORD2021-15 ff Fr m: Sent: i® Cc: Su `•eject® ttach ents: an Good morning CTB, Bob Choate Friday, November 5, 2021 8:28 AV Chloe Rempel; Esther Gesick; Jessica Reid; Jan Warwick Cheryl Hoffman FW: Ordinance 2021-15 BOCC Memo Ordinance 2021-15_3rd MEMO.docx; Ord21-15.3rd (110121).docx /7/0 2- / Following up on Angela's email below, I've attached my first effort at a redlined third reading draft of Ordinance 2021- 15. Feel free to use, edit, or disregard and do your own. I made this from the approved second reading version that Cheryl sent me. Thanks, Bob Choate Assistant Weld County Attorney (970) 400-4393 From: Angela Snyder <asnyder@weldgov.com> Sent: Friday, November 5, 2021 8:12 AM To: Chloe Rempel <crempel@weldgovocom>; Esther Gesick <egesick@weldgov.com>; Jan Warwick <jwarwick@weldgov.com>; Jessica Reid <jreid@weldgov.com> Cc: Tom Parko Jr. <tparko@weldgov.com>; Bob Choate <bchoate@weldgov.com> Subject: Ordinance 2021-15 BOCC Memo Hi All, Here is the memo with the suggested changes to Ordinance 2021-15 for the third reading. Let me know if you have any questions. Angela Angela Snyder, CFM Planner II 1555 N 17th Ave Greeley, Co 80631 asnyder@weldgov.com (970) 400-3525 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or 1 WELD COUNTY CODE ORDINANCE 202145 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 Z NING AND CHAPTER 2 SUBDIVISIONS, F THE WELD COUNTY CODE IT OR® E ELD, STATE 4 Nom• ' F BY ,�THE BOARD OF �s�F:° �� LINTY COMMISSIONERS OF THE COUNTY 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 WHERE , 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 en :acted on or before said date of adoption, and WHEREAS, the Weld County Cde is in need procedures, terms, and requirements therein. revision and clarification with regard to 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. CHAPTE'! 23 o TICLE I ® Genera <<, ICI ns A en c Sec. 234-9 6 Definitions. O The following specific words and phrases, when appearing in this Chapter in uppercase I-tters, shall have the meanings stated in this Section: Add BUILDING COVERAGE: The percentage f a LOT covered by BUILDINGS. PUBLIC WATER: A system for the provision to the public of water for human consumption through pipes or other constructs d conveyances if such system has at least fifteen (15) service connections or regularly serves at least twenty-five (25) individuals, and . c ----doh meets the requirements df section 24-3-70.B. The term includes systems that are owned or operated by private, nonprofit entities, as well as: PAGE 1 2021-* O D2021-15 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 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-* 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. 23-3-50. 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. PAGE 3 2021-* ORD2021-15 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). PAGE 4 2021-* ORD2021-15 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. 234410. 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, 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. PAGE 5 2021-* ORD2021-15 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 2021-* 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 (%) 50 50 60 70 60 H. 1. Maximum number of ANIMAL UNITS 2 0 0 0 0 PAGE 7 2021-* ORD2021-15 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 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-* ORD2021-15 Remainder of Section — No change. TN LE Suplementary lstrict Reg u lato Don 6 ® Permitting requirements for Less than Five (5) Acres (5 ACRE SEF) mend S c0 23-4475. A. — No. change n s and Zo ort.,g Permits end G nerators and for Sgar Energy FacaaatUes otificatlon nd appeal of ,. enoalm 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 :..£- c 24-1 -4O Definiti •{ nsa 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 coistructed 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: (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. ART ,E iil ® Sv cflvoSion °sign S ra n Wards Amend Sec 24-340. Pota standards. PAGE 9 2021-k ORD2021-15 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 systorn sha ad °m n'�� Public �� the Colorado �eL��r�.��e�� ='�.!��Health and � nvironment ��.r Quality oe approved Control Division. If t e applicant cannot cernonstrate approval oA: the public water supp system by the Water alit Control Division because the s ystem does not yet serve as minimum of twenty -Wive (25) persons or fifteen (15) taps the ago cant may submit a full design of the system for review by the County. Such design shall meet an requirements of the Division of \Nate - Qus lity's New Public Water System Capacity Planning Manual and the Designs Criteria for Potable Water Systems,_ and shah be star- e° by a Colorado- licensed engineer. The applicant shah gay a reasonable tat,that covers the, costs incurred by the County in reviewino of the public water su Q y system design,which may include the costs o.; a contracted engineer. Remainder of Section — No change. PAGE 10 2®21-* RD2®21 ®15 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 2021-15 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: 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: PAGE 11 2021-* ORD2021-15 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 PAGE 12 2021-* ORD2021-15 TO: FROM: DEPARTMENT OF PLANNING SERICES MEMORANDUM Weld County Board of County Commissioners Tom Parko, Jr, Director of Planning Services Angela Snyder, Planner II SUBJECT: Second Reading Ordinance 2021-15, staff -proposed modifications HEARING DATE: October 25, 2021 The Department of Planning Services staff recommends the following changes to the ordinance as proposed at 1st reading: 1. 23-1-90 Change the definition for BUILDING COVERAGE: The percentage of a LOT covered by BUILDINGS STRUCTURES, excluding fences. Note the definition of BUILDING already includes structures and excludes fences. Any STRUCTURE, excluding fences, erected for shelter or enclosure of persons, animals or personal property of any kind. 2. Several sections Replace USR permit for accessory buildings exceeding 4% with a USR permit for STRUCTURES exceeding maximum LOT COVERAGE in all R Zones. Note there currently is not a USR option for exceeding the maximum lot coverage in the R Zones, only a USR for accessory buildings exceeding 4%. This option would expand the opportunity to exceed maximum lot coverage for all structures, not only accessory, through the USR process. 3. 23-3-70 Change the formula for figuring building coverage to be in acres instead of square feet. Old formula: y= -0.152 In(x) + 1.7236, x is square footage of the lot, y is allowed building coverage New formula: y = -0.149 In(x) + 0.1,x is the acreage of the lot, y is allowed building coverage (%) 4. Add to Section 23-3-440.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%. Pagel of1 020/- �� 9 ‘erzi /O/13A2/ ELDCF:�, �TY CODE ORDINANCE 2021=15 IN THE MATTER OF REPEALING AND REENACTING, WITH. MENDMENTS, CHAPTER 23 ZONING AND CHAPTE SUBDIVISIONS, F THE `="'`VELD COUNT s.. C DE 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. 234-90. 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 STRUCTURESBUILDINGS 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: PAGE 1 2021-* ORD2021-15 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 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-* 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. 23-3-50. 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 ieV1eV1! 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. PAGE 3 2021-* ORD2021-15 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). PAGE 4 2021-* ORD2021-15 2. Between ten percent (10%) and forty percent (40%) on LOTS greater than six thousand square feet (> 6,000 SF) up to one acre (e 1.0 ac) according to the following formula: Maximum BUILDING COVERAGE _ -0.152 149 x In(LOT square footageacreage) + 1.72360.1. 3. Ten percent (10%) on LOTS greater than one acre (> 1.0 ac). Division 2 - Residential Zone Districts Amend Sec. 23-3110. 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. Delete 1. STRUCTURES exceeding maximum LOT COVERAGE. 2. thru-1-0---.. number as 1. thru 9. 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-* ORD2021-15 Delete 1. STRUCTURES exceeding maximum LOT COVERAGE. 1. thru 8. 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. i i i Delete 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. Delete 1. STRUCTURES exceeding maximum LOT COVERAGE. 2. thru 9. — No change. Renumber as 1. thru 8. Remainder of Section — No change. PAGE 6 2021-* ORD2021-15 mend Sec. 23-3-150. anufactured 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. STRUCTURES exceeding maximum LOT COVERAGE. 2. Wu 9. — No change. Renumber as 1. thru 8.Remainder of Section — No change. Amend Sec. 234460. 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 2302 Bulk Requirements for R-1, R-2, '``'-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 d 6,000 6,000 B. Minimum UNIT (sq. LOT ft.) area per DWELLING 6,000 3,000 3,000 1,500 3,000 C. Minimum LOT width 50 i 50 50 50 50 D. Minimum SETBACK (feet) 20 20 20 20 20 E. Minimum OFFSET (feet). Five (3) greater, (5) feet of or feet, BUILDING zero or (0) one (1) HEIGHT, for attached foot for whichever DWELLING each three is UNITS, along of Chapter a where party wall 29 of permitted the meeting Weld and the County where requirements Code. located F. 30 30 30 45 30 Maximum BUILDING HEIGHT (feet) 6 G. Maximum LOT COVERAGE (%) 50 50 60 70 60 H. 1. Maximum number of ANIMAL UNITS 2 0 0 0 0 PAGE 7 2021-* ORD2021-15 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 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: 10%. Remainder of Section — No change. PAGE 8 2021-* ORD2021-15 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. 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. 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. PAGE 9 2021-* ORD2021-15 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 2021-15 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: 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 10 2021-* ORD2021-15 Cheryl Hoffman From: .I to To: Cc: Subject: Attachments: Cheryl, Angela Snyder Wednesday, October 13, 2021 9:22 AM Cheryl Hoffman Esther Gesick RE: Ord2021-15 - Ready for 2nd Reading Ordinance 2021-15_2nd MEMO.docx; Ord21-15.2nd_AS.docx It looks beautiful! However, I just got my formula change to linear rejected. The curve of the natural log stays, as drainage impacts are not linear. • Who knew I'd be dusting off math skills. You are all saints for putting up with this!!! Add a BL L ING COVERAGE in SUBDIVISIONS and HISTORIC TOWNSITES exceeding ten percent (It shall be reviewed internally qtly for compliance with the drainage regulations of this. Coda BUILDING CO` G in SUBDIVISIONS and HISTORIC T WNSITES shall not exceed the following without an approved Use by Special Review ll win more coveraae 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: Forty percent (40%) on LOTS Sig thousand square feet or less 6t000 SF) rooranne[a:iw'NFWG•-of•owriatsw-toT uonwt.• rtnR.. 1M.G+N re+M?,,,H%, 1tl 4t fMt?r'%IT.W]4t tt4!14.NrzW. fl 1010lcAsa'mTIv COMM w!Cfhe.MN`nrW, fl'Jt . .), Cr` n.W.WMF^.,rg +YstriniVatira • •fie ..TW.att.NV'::`. .. • a.v...A •uwaW+•,,Y?ShTI.Cf^IUO.T.YNSY! e143VG`Y„:!AtfY'y,....Owfla MAme. ...Alin. a Ma -;+r r.AL ••rorrSY:tR-iTe surrnCr•.•nra • atetewo guy.,L Ittf c...I ran e..)A tas174Yfwn.'.• #riptitanrrfl nrallIC"Lvm+;rrnSffzYn•}Y9i'^SI:N•C_YYtl M,onnye".een•MApOI S:-yfip+W9Tl'. etvieen ten percent 10%) and forty percent (40%) on LOTS greater thn six thousand squre feet (> ,00D SF) up to one acre (.s 1.0 ac) according to the following Formu'a: M ximum BU I LDlN G COVERAGE = 4452-149±,x 'TOOT s gate iaot g a aq + 1,72360444 Ten percent (10%) on LOTS gr er than one acre (> 1.0 t Angela Snyder, CFM Planner II 1555 N 17th Ave Greeley, CO 80631 asnyder@weldgay.com (970) 400-3525 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 From: Cheryl Hoffman <choffman@weldgov.com> Sent: Wednesday, October 13, 2021 8:03 AM To: Angela Snyder <asnyder@weldgov.com> Cc: Esther Gesick <egesick@weldgov.com> Subject: RE: Ord2021-15 - Ready for 2nd Reading Angela, How does this look for second reading. I addressed all your changes, I believe. Would you double-check me, please? Thanks! nee Deputy Clerk to the Board 1150 O Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weldgov.com From: Angela Snyder <asnyder@weldgov.com> Sent: Tuesday, October 12, 2021 4:28 PM To: Cheryl Hoffman <choffman@weldgov.com> Cc: Esther Gesick <egesick@weldgov.com> Subject: RE: Ord2021-15 - Ready for 2nd Reading I modified one of the changes and added in another that I'm going to ask for. Angela Snyder, CFM Planner II 1555 N 17th Ave Greeley, CO 80631 asnyder@weldgov.com (970) 400-3525 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Cheryl Hoffman <choffman@weldgov.com> Sent: Monday, October 11, 2021 2:55 PM To: Angela Snyder <asnyder@weldgov.com> 2 Cc: Esther Gesick <egesick@weldgov.com>; Cheryl Hoffman <choffman@weldgov.com> Subject: Ord2021-15 - Ready for 2nd Reading How's this look for second reading, Angela? This was based on your email from this morning regarding corrections and our phone conversation. Just let me know. Thanks! Deputy Clerk to the Board 1150 O Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weldgov.com 3 EL CODE P .17Pr COUNTY INR°x.NCE 2®21-15 IN THE MATTER OF REPEALING AND REENACTI:-� G, WITH AMENDMENTS, CHAPTER 23 ZONING ND CHAPTER 24 SUBDIVISIONS, OF THE WEL COU TY 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. ARTICLE I - General Provisions Amend Sec. 23A9 Definitions. CHAPTER 23 ZONING 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, excluding fences. 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: PAGE 1 2021-* ORD2021-15 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 Division 1 — A (Agricultural) Zone District Amend Sec. 234-35. 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-* ORD2021-15 FE 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 su divisions and hist ric townsites. No USE listed in this Section shall commence construction or operation in the A (Agricultural) Zone District on LOTS in SUBDIVISIONS and HISTORIC TOVVNSITES 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. PAGE 3 2021-* ORD2021-15 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 _ Eno s a-nd-s-qre- ,r le s (≤X00 -done quarter of an acre or less (≤ 0.25 acre). PAGE 4 2021-* ORD2021-15 2. Between ten percent (10%) and forty percent (40%) on LOTS greater than six thousand -square feetone quarter acre (> 6,000 SF0.25 ac) up to one acre (≤ 1.0 ac) according to the following formula: Maximum BUILDING COVERAGE _ ( -0.4 x LOT acreage ± 0.5 ). 0.152 x In(LOT square footage) + 3. Ten percent (10%) on LOTS greater than one acre (> 1.0 ac). Division 2 - Residential Zone Districts Amend Sec. 23-3-11 0. 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. Delete -1. STR .'CTURES exceeding maximum LOT C•\yERAGE. 2,-t-hru 10. - No change. P tnru 9. 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 PAGE 5 2021-* ORD2021-15 this Chapter. Delete -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. Delete 1. STRUCTURES exceeding maximum LOT COVERAGE. 2. thru 9. — No change. Renumber as 1. thru 8. 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. Delete 1. STRUCTURES exceeding maximum LOT COVERAGE. PAGE 6 2021-* ORD2021-15 - �N - hange Ren mbe a — Remainder of Section — No change. 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. Delete 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 (3) greater, UNITS, along of Chapter feet (5) a feet, of or where party BUILDING zero 29 or wall of (0) permitted the one meeting (1) for Weld HEIGHT, attached foot and County the for where requirements whichever DWELLING each Code. located three is F. 30 30 30 45 30 Maximum BUILDING HEIGHT (feet) G. Maximum LOT COVERAGE (%) 50 50 60 70 60 PAGE 7 2021-* ORD2021-15 1. Maximum number of ANIMAL UNITS 2 0 0 0 0 H. permitted per LOT 2. roosters, Maximum number permitted of per poultry LOT. hens, no N/A 0 0 0 4 I. Maximum PETS per number of premises HOUSEHOLD Up seven to four (4) (7) of of two one (1) species (2) or more species. or a total of 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. Amend Sec. 23-3-44 a 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: 10%. Remainder of Section — No change. PAGE 8 2021-* ORD2021-15 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. 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. 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 PAGE 9 2021-* ORD2021-15 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 2021-15 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: 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 10 2021-* ORD2021-15 Cheryl Hoffman To: Subject: Jessica Reid; CTB RE: Ordinance 2021-15 Thank you, Jess. Yes, it belongs to me. c aryl L. Deputy Clerk to the Board 1150 O Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@ welclgo v. com From: Jessica Reid <jreid@weldgov.com> Sent: Monday, October 11, 2021 8:47 AM To: CTB <CTB@co.weld.co.us> Subject: Ordinance 2021-15 1771.01-e- A0 /0 O21 trei c:›2 All, I'm forwarding this because Idk who needs it and it was only sent to a handful of us. this is an oil and gas communication please use the email a"B address ctlo- oilandgasleasing@weidgovacorn opposed to my pers Jess Reid Deputy Clerk to the Board Weld County 1150 O Street Greeley, CO 80631 tel: 970-400-4212 nal email address. Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Angela Snyder <asnyder@weldgov.com> Sent: Monday, October 11, 2021 8:43 AM To: Chloe Rempel <crempel@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Jan Warwick 1 <iwarwick@weldgov.com>; Jessica Reid <jreid@weldgov.com> Subject: Ordinance 2021-15 Presentation and Proposed changes to Ordinance 2021-15 resolution 1. PAGE 2: "BUILDING COVERAGE = The percentage of a lot covered by BUILDINGS." Instead of STRUCTURES, excluding fences. 2. ADD (replace #1 and no more renumbering needed for all the following sections); "STRUCTURES exceeding maximum LOT COVERAGE" to Sections 23-3-110.F.1; 23-3-120.F.1; 23-3-130.F.1; 23-3-140.F.1; 23-3-150.F.1 Angela Snyder, CFM Planner II 1555 N 17th Ave Greeley, CO 80631 asnyder@weldgov.com (970) 400-3525 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 Proposed Code Changes is* Building coverage (lot coverage) to replace 4% rule 0°' 4 hens to be allowed in R-5 Zone ID Public Water Typos Et Clean up Current 4% Rule ► Only applies to ACCESSORY BUILDINGS, not USE BY RIGHT buildings ► Applies to garages, pole buildings and sheds for personal storage, cargo containers, semi -trailers used as storage D. Does NOT apply to houses or agricultural buildings ► This rule replaced an old rule that limited EACH outbuilding to 1500 square feet, but had no limit on buildings e i a i a allett a eas aaaw a a aa.a 6 Building coverage = percentage of lot covered by structures only Easy for staff to calculate on the fly Solves light/air/etc, but not necessarily drainage Lot coverage vs. Building coverage Lot coverage = percentage of structures + surface improvement (any impervious surface) Involves curves Et impervious calculations, so difficult to enforce outside of a site plan review -30% Lot Coverage, New Lot Coverage in Ag Subdivisions Et Townsites ► ≤ 6,000 SF = 40% Building Coverage ► > 6,000 SF and ≤ 1 acre = sliding scale between 10% and 40% PP Formula: y =-0.152In(x) + 1.7236 ► > 1 acre = 10% Building Coverage Building Coverage 45°% mimmis 40% 35%4 30% "c5•, 20' 15% 10% 5 0% 0 5000 10000 15000 20000 25000 30000 35000 40000 45000 50000 Square Footage of Lot E Zones (≥2.5 acres) Div 10% Building Coverage R Zones - double rules ► Remove 4% rule No change to Lot Coverage C Et I Zones No change to Lot Coverage Stormwater Management Plans ► Impervious surfaces are expected and incorporated into subdivision plans D. Residential 50% - 70% ► C Et 185% Shared Well # Public Water ► Current public water definition includes shared well systems. ► State will not regulate quantity or quality for well systems that serve less than 15 homes or less than 25 individuals. State does regulate any system that qualifies as a public water system. ► Wells are not a guaranteed source of water (quantity or quality). County is liable if it approves a subdivision with substandard water provision. ► A water association that uses well water may meet the state definition of public water and be regulatable, and therefore, a viable subdivision option. New Public Water Definition (will mirror state and federal definition) 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: (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. Typo fixes ≤ 5 -acre solar energy facilities (5 ACRE SEF) added to "allowed by permit" in A zone, remove references to medium scale solar facilities, and fix one typo Add word "accessory" to USR for cargo containers as with semi -truck storage. ► USR = "Use by special review" instead of "special use permit" BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Butch White, that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: ORDINANCE 2021-15 PRESENTED BY: TOM PARKO/ANGELA SNYDER REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING AND CHAPTER 24 SUBDIVISIONS (BULK REQUIREMENTS AND PUBLIC WATER) OF THE WELD COUNTY CODE. be recommended favorably to the Board of County Commissioners. Motion seconded by Michael Wailes. VOTE: For Passage Tom Cope Lonnie Ford Elijah Hatch Skip Holland Sam Gluck Butch White Pamela Edens Michael Wailes Against Passage Absent Michael Palizzi The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on October 5, 2021. Dated the 51h of October, 2021 Kristine Ranslem Secretary 2021-2859 ARTICLE I - General Provisions 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: BUILDING COVERAGE: he- ►m►i-neci-square footage of the footprints of al;- A RE ; excluding fens al -square footage of the LOT The percentage of a LOT covered by STRUCTURES, excluding fences. PUBLIC WATER: eniratawa s p-sy&tem provided thcough--a-mtwitStality, watfletrict, water Gor' parry or assoc-ateon for supplying water for house oI'4J E -S`` hie - requ irements- f the afe DrAftking'Water Ad-( C'I'A)- 42 U 0 , -PUBLIC WATER includes a central water -supply -system prevang water from -+ e -or -more welts to--all-LOTS rote r U; 1-4 - L P _ -F ihroupa-single connectsysternolpipes-and-larailities, and which meets the repairements of Section 24 7-80.B. 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: (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. [All other definitions remain unchanged.] ARTICLE III — Zone Districts a Division (Agricultura) Zone District 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. through B. - No Change.] T. SOLAR ENERGY FACILITY (5 ACRE SE F), being less than five (5) acres in size, subject to the additional requirements of Section 23-4-1030. [Reletter subsequent items] 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 Porn 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. through B. - No Change] C. More than the number of ACCESSORY CARGO CONTAINERS than the number allowed by Section 23-3-30. [D. through EE. - No Change] 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.] 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 TOVVNSITES so long as they are clearly incidental and ACCESSORY to an allowed USE. Note: trcomb R _FLQOR-- E 1l GGE8O ' ►i S -son s t rind --after August -25;4981, on -LOTS-of-less-than-ten {1 -0) -acres in SUBDIVISIONS and HISTORIC T V\NS IT E- -sha-W -not cceed four 0) -percent -of the -total- T -a reaT-How ev er, n-n-o--case-sh a II such an AGESSQR-Y SUI- DIN --exceed twice the -GROSS -FLOOR AREAnafaketrincipal-D-VVEL-L-ING -LIPstl-T on the -LOT —except -by -----VARIANCE. Any ACCESSORY' UCT -ode ronconforming by application of -this Section -may -be repaired4 _ replaced or rester -+ t -al- [Remainder of Section - No change.] 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. through 0. - No change.] 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. [Reletter subsequent items.] Sec. 234-60. 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 Permit in accordance with the requirements and procedures set forth in Article I I , Division 4 of this Chapter. A- ACCESSORY BUILDINGS-with-GROSSFLOOR AREAS larger th-an-four -)- re nt of the -total LOT area, as detailed in Section - -50 above: HA. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of ANIMAL UNITS permitted in Section 23-3-70.D below is exceeded or traffic to and from the facility exceeds sixty (60) daily trips. B. BUILDINGS or STRUCTURES exceeding the maximum BUILDING COVERAGE. [D. - No change,] D. More than one (1) ACCESSORY CARGO CONTAINER. [E. through N. - No change.] 0MEDIUM-SCALE SOLAR FACILITIES, subject -to ,the -additional -requirements -of Section 234- 1030. [Reletter subsequent items.] 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 Permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. A. ;.ACCESSORY SU LDIN w4# SS -F --L R -AR -EA large a n4our (4) pe n t . LOT area e i4ed-i tier 3--3-3 --above_ PA. AIRPORTS and AIRSTRIPS, including crop -dusting operations. GB. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of ANIMAL UNITS permitted in Section 23-3-70.D below is exceeded or traffic to and from the facility exceeds sixty (60) daily trips. C. BUILDINGS or STRUCTURES exceeding the maximum BUILDING COVERAGE. [D. through E. - No change.] F. More than one (1) ACCESSORY CARGO CONTAINER. [G. through W. - No change.] ED J ALE-SL�r c ►' �LITIES9 subject to the additional requireme ►f-ectEori--23-4.. [Rel etter subsequent items] 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. through F. - No change.] 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). 2. Between ten percent (10%) and forty percent (40%) on LOTS greater than six thousand square feet (> 61000 SF) up to one acre (≤ 1.0 ac) according to the following formula: Maximum BUILDING COVERAGE _ -0.152 x In (LOT square footage) + 1.7236. 3. Ten percent (10%) on LOTS greater than one acre (> 1.0 ac) . Division 2 - Residential Zone Districts Sec. 23-3-110. R-1 (Low -Density Residential) Zone District. [A. through C. — No change.1 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. Note: The nt ne+ R S S FLOOR AREA. of all- A E-- S R ` BUILDINGS con stru o eli a ter-- the- or4 -inaI effe ive-ciate of -this-- pter (August 25. t g -L T is --1-1 rul l 1e n (10) au et; is I - SUBDIVISIONS I -ION S and -HISTORIC -T 'NSITES shall not exceed four ('1)-p r t--ott i I-LQT _ area.--Herevex ;4 - oa -suel-such an ACCESSORY BI FWING in a SUBDM l - r HIST RYt - OWNs`T - exoee torte he SS FLOOR AREA of the principalDWELLINGUNIT or the LOT except by VARIANCE Any A E S -RY-BUILDING ,de nonconfor-+ i-ng--by-applicatio of-thisr-SeGtien may be repaf -replaced-ow restored -in -total O. through 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. A ES OR-Y--BUILDI -- th a - -FL i`•' --A EA-1ar er Win-= ak4 per of t ofthe total L-- -1Lar ; a deieiI =in Subparagraph D above [Renumber subsequent items.] Sec. 23-3-120. R-2 (Duplex Residential) Zone District. [A. through 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. Note: The combined -GROSS F-LOOR AREA of ail ACCESSORY S LDTNG -Gan f ted et= -the origoal effeetive-clateof-this Chapter (,A ts# 1-g 14-ar -LOT of less than -ten (10) -acres in SUBDIVISIONS and -1 I T -Of -1 TOISITUS ill -net e Gee ftur- 4) percent of -the totai4 OT rear -H. owever, in -no Gases t' -such -an ACCESSORYBUILDING-tom SUBC) VISION or HISTORIC TOWNSITE-exceed twice- SF I 1 NfT-on4he LQ _ I _ except -by -VARIANCE .Any--AGCESS RY BUILDING made noncon r-nm&n .. capplicaVon this —teen may be repaired; •rsp► aoe4 c resLec►et- RotaL [1. through 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. ACGESSORY-BUILIANGS-vatii a GROSS EL-- O1 R a r n ek - (41) peree-rat of the total LOT area;-as-det,a+led- in Su para r-aph-U above: [Renumber subsequent items.] Sec. 23-3-130. R-3 (Medium -Density Residential) Zone District. [A. through G. — 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. Note: The n4 -led GROSS FLQ EA -of 811-144-CCESSORY BUILDINGS constructed after -the original effective -date of -hap►te -( to ►u t 4- - -n LOTS of less than ten (10) acres in S!J Dl-VISIQ ---and-I1SI ORI OWNSITES sla-IU not oxcco i- ercent-o e -total -LOT area& lewev in no -ease &hall suell-an A E -S -S R ` BUILDING-i n -a- UBDIV I I O NI -or -I J OR l T-- 'N ITE exceed twice -tide S -FFLQO E f the pri *p►al-OWE-U -UN4T -- -L- except by. VARIANCE. Any -AC E QRY-BUI-LID NG made nonconforming by application -of -this Section ma epairepia d- r-iesLe ec -in-total- [P , through 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. --AGGESOR BUS BOOR -ARE large Ethan--fourr (4) percent of the total LOT area as detailed -in Subpar-agraph-D-abovet [Renumber subsequent items.] Sec. 23-3-140. R-4 (High -Density Residential) Zone District. [A. through G. — 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. Note: The combined -GROSS -FLOOR AREA- of,311--ACCE-SSORY BUILDI oastru tad after -the original effecth--dateecis ppt u uct 25,1981) on LOTS of less-thannten-(1,0)-aores-in-SUBDIVISIONS and HISTORIC TORIC TO TES shall -not exceed four) percent of the total LOT arearkl wever,.i.r no se-sh u h -an -AC ESSRY 4LQlt4 -a-SW !VISION - -HISTORIC ` OWNSITE exceed twice Ilia -GROSS -FLOOR -AREA -&f the pr inci paI-D` E I --U IT= texce pt-by-VARIANGEr. Any ACCESSORY B IL IN- made-nenceRforrning by application -of -this Section may - -repaired, replaced o- estor n4otal [1. through 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. ACG€&SOR BU IN -with a GROSS —FLOOR AREA -i r- ec--tha ur 44- -percent of the -total LOT area, as deta+l i- -= ul r r-aph D above. [Renumber subsequent items.] Sec. 23-3-150. R-5 (Manufactured Home Residential) Zone District. [A. through D. — 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. Note: Tho explained - GROSS FLOOR. AREA of all ACCESSORY-- BOIL -DINGS constructed after . i I he -or -4-q naI e eetwe d ate- f s ha -less-than ten (10) acres in SUBDIV4IONIS and HS I O N ITE-&--shalt--n►ot exceed four -(44 percent of the -total L 4--ar wever,ir -r case shall such an ACCESSORY BUILDING iwa ISION OF-141-S-T-GRIC—T-CANNSFITE-exceed twice the GROSS —FLOOR AREA -of t4 .► e•ipal 'I &LLIN UNIT on -the -LOT except by -V► ANG-E. Any -A -GE SO. BLIIL-DI-N -made-no-nconfor-min -I application _-of t-hictiGA- av' be-repai' ; repiaced or -restored -in -total - [1 . through 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. —AGCESSORY-BUILDI i GS -with -a -GROSS FLOOR -AREA largrthan-tour (4) percent of the=tot! LOT -area.. as detailed i-n-Subparagrapb D above [Renumber subsequent items.] 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 Bulk Requirements for R-1, R-2, R-3, R4, 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 5.000 ( 6 000 B. Minimum UNIT s•. ft.) LOT area per DWELLING 6,000 3,000 3,000 1,500 3,000 D. Minimum LOT width 50 50 50 50 50 D. Minimum SETBACK (feet) 20 20 20 20 20 E. Five of (5) BUILDING feet, or HEIGHT, one (1) foot for whichever each three is (3) greater, feet or Minimum OFFSET (feet). zero (0) permitted meeting Weld Count for the attached and requirements Code. where located DWELLING of along Chapter UNITS, a party 29 where of wall the Maximum BUILDING HEIGHT (feet) 30 ' 30 45 30 30 ■ a Maximum LOT COVERAGE (%) 60 ! 60 . 70 60 50 Maximum ter I AL TS Two -(24 -per -LOT -in one I € r LOT of -A - UNITS arc not in the -District R rte; --ANIMAL fR-LI=and pormitto4-per R-5 Zone -permitted Districts. y 1. Maximum number of ANIMAL 2 0 0 _ 0 ' 0 H. UNITS Permitted per LOT N/A o 0 0 4 2. no Maximum roosters, number . ermitted of ' e poultry r LOT. hens, I. Maximum PETS ' er number 'remises of HOUSEHOLD Up (7) to four (4) of of two (2) or one (1) more species or a s' ecies. total of seven [Remainder of Section - No change.] Division 5 — E (Estate) Zone District 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. Nate. The comb4necr GROSS FLOOR AREA. of all-ACCE QRY BUILDf GS constructed...a after -the -original -effective date -of this Chaptef (August ,-i 98-i46Q1 - -I s than ten (-14),-aGres in S D4VI I -NS and HISTIORIC TOWNSITES shall of exceed -four (1) der -c ►f --tie total LOT---ar e. l= ever,.oi n s l a eeh-a44 ACCESSORY BUR:LING I in a SUBDIVI-S1011/211-,ef-HISTORIG-TOWNSITE exceed twice the GROSS FLOOR AREA -of the principa-D ELLING UN n pt by VAR -IA -4 , ILD-IN+ -made pa -neon -forming -by -application -of -this -Sec r- l-i : Exterior portions of all ACCESSORY BUILDINGS, including the roof, shall be constructed of nonreflective materials. [Remainder of Section - No change.] Sec. 23-3430. 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, ACCESSORY BUILDINGS -.with a=GROSS FLOOR -AREA larger than four-444-persentiot the total LOT area, as detailed in Section 23-3-420 above - '..:5.. BED AND BREAKFAST FACILITIES. B. BUILDINGS or STRUCTURES exceeding the maximum BUILDING COVERAGE. [Remainder of Section - No change.] Sec. 234-440. 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. through E. - No change.] F. Reserved. 10%. Maximum BUILDING COVERAGE without an approved Use by Special Review: [Remainder of Section - No change.] ARTICLE IV - Supplementary District Regulations and Zoning Permits Division - Permitting Requirements for Wind Generators and for Solar Energy Facilities Less than Five (5) Acres (5 ACRE SEF) 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) twenty -eight -283 days. [Remainder of Section - No change.] CHAPTER SUBDIVISIONS ARTICLE I - General Provisions Sec. 244-40. Definitions. For the purposes of Chapters 24 and 27, the following words and phrases shall have the meanings stated in this Section: Public water cents el.•wator sup ----sy&tem pcowded-througn-municipairtyrwater district, water Gem -pixy -0 ssoc t-ien-for supply g-waterr Which--is-des nie - t h-e-m4n1 mum$e a -:- the -Safe Dr -inking ''stew Act ( ' ` A) ;= 300f. Public walcir includes -la central water -supply system -providing water--from-one or m o r- ei to--aII-/ots-=three-a a :l on- test-eftrpe& and facil-it-ies, and w -ich--r eet --the-requirements of -Section -24-3 70=B of the ,!'ell -c. ew 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 c,oririeclicris of regularly serves at least twenty-five (25) individuals. 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. [All other definitions remain unchanged.] SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, October 5, 2021 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, HearJng Room, 1150 0 Street, Greeley, Colorado_ This meeting was called to order by Chair, Elijah Hatch, at 12:33 pm, Roll Call. Present: Torn Cope, Lonnie Ford, Elijah Hatch, Skip Holland, Sam Gluck, Butch White, Michael Wailes, Pamela Edens. Absent: Michael Palizzi. Also Present: Michael Hall, Angela Snyder, Maxwell Nader, Jim Flesher, and Torn Parke, Department of Planning Services; Lauren Light, Department of Health; Bob Choate, County Attorney, and Kris Ranslem, Secretary. CASE NUMBER: ORDINANCE 2021-15 PRESENTED BY: TOM PARKO/ANGELA SNYDER REQUEST: iN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING AND CHAPTER 24 Spa E_ JIVIBIONS, OF THE WELD COUNTY CODE (BULK REQUIREMENTS AND PUBLIC WATER). Tom Parko, Planning Services, presented Ordinance 2021-15 regarding proposed changes in the Weld County Code, Angela Snyder, Planning Services, provided a brief description of the proposed changes in building/lot coverage and allowing poultry in the R-5 Zone District in Chapter 23 Additionally, she provided information on the proposed code changes regarding public water in Chapters 23 and 24. The Chair asked if there was anyone in the audience who wished to speak for or against this application, No one wished to speak Commissioner Ford asked if there will be any problems with the 40% coverage on lots less than 6000 square feet or 10% coverage for larger lots. Ms. Snyder said that that staff looked at existing historic townsites and other areas of the County and tried to come up with a number that would work for most lots. She noted that there was one (1) lot in Carr that they found exceeded the limit; however, that property is permitted under a USR (Use by Special Review) Ms. Snyder noted that they have a change to the building coverage definition 'n Section 23-1-90 that is currently proposed as "BUILDING COVERAGE The combined square footage of all STRUCTURES, excluding fences d.vided by the total square footage of the LOT". She said that because ft can be confusing and could be interpreted to mean the bottom of the structure would be counted instead of the actual coverage and things, such as gazebos or other structures that do affect drainage might come into question if they don't actually have a footprint. Therefore, Ms. Snyder recommends changing the proposed definition to read l'BUIDING COVERAGE: The percentage of a LOT covered by STRUCTURES, excluding fences". Commissioner Wailes referred to water storage tanks that are mushroom shaped and doesn't know if they are on county property and asked how that works. Ms. Snyder said that most of those are located on agricultural zoned property which they don't regulate coverage. Commissioner Holland asked if this is referring to the area of impervious surface or the structure area. Ms Snyder said in the agricultural subdivisions and townsites and in the estate zone, staff 's proposing to use building coverage definition, which would mean the structures only. She added that other zones include impervious surfaces. Commissioner Edens asked what would be considered in the PIED ag zoned properties. Ms. Snyder said that there are very few PUD ag properties. Mr. Parko said that usually the PUDs have ag uses but they will typically be Estate, R-1 or Commercial. Mr. Snyder added that when designing the PUD, lot coverage can be negotiated and incorporated into the stormwater management plan. 1 Motion: Forward Ordinance 2021-15 to the Board of County ommission►ers along with the Planning Commission's recommendation of approval along with Staff's change to Section 23-1-90 14BuILDING COVERAGE: The percentage of a LOT covered by STRUCTURES, excluding fences", Moved by Butch White, Seconded by. Michael Wailes. Vote: Motion carried by unanimous roil call vote (summary: Yes = 8). Yes: Butch White, Elijah Hatch, Lonnie Ford, Michael Wailes, Pamela Edens, Sam Gluck, Skip Holland, Tom Cope, Meeting adjourned at 2:07 pm. Respectfully submitted, laSithint-d Ya4114S. Kristine Renslem Secretary 2 Cheryl Hoffman From: Sent: To: Subject: Attachments: Kristine Ranslem Thursday, September 23, 2021 10:07 AM Cheryl Hoffman FW: Minor change to Ord2021-15 ResOrdinance 2021-15 (Bulk Requirements & I ater),docx Importance: High Please see additional requested changes to Ordinance 2021-15 below. I have made the changes in my attached Reso. Please let me know if you have any questions. THANK YOU!! From: Angela Snyder casnyder@weldgov.com> Sent: Thursday, September 23, 2021 9:46 Al l To: Kristine Ranslem <kra nslern@weldgov.com> Subject: FW: Minor change to Ord2021-15 Importance: High Hey Kris, Jim asked that these minor changes (below) be added to my ordinance if it isn't too late. Let me know if I can help in any way. Angela Angela Snyder, CFM Planner II 1555 N 17th Ave Greeley, Co 80631 asnvder@weIdgov.cer (970) 400-3525 Confidentiality Notice; This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Jim Flesher jfle ,her J- we gov.co r ii> Sent: Wednesday, September 22, 2021 10:56 Al l 1 To: Angela Snyder casnyder feweidgov.com> subject Minor change to ord2021-15 Importance: High Angela: Do you think we could revise this res/ord to change "Special Review Permit" to "Use by Special Review" in the Ag zone as shown below? The other zones just say "permit in accordance with the requirements and procedures set forth in Article I I , Division 4 of this chapter" so I think we can leave them alone. We're changing this phase in Art. II, Div. 4, but I think it'd be easier to make this change in these sections with this ord instead. 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 Permit 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. 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 Permit in accordance with the requirements and procedures set forth in Article Il, Division 4 of this Chapter. 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 Permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. 2 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by , that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: ORDINANCE 2021-15 PRESENTED BY: TOM PARKOIANGELA SNYDER REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING AND CHAPTER 24 SUBDIVISIONS(BULK REQUIREMENTS AND PUBLIC WATER) OF THE WELD COUNTY CODE. be recommended favorably to the Board of County Commissioners. Motion seconded by . VOTE: For Passage Against Passage Absent The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I Kristine Ransrem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on October 5, 2021. Dated the 5th of October, 2021 Kristine Ranslem Secretary ARTICLE I - General Provisions 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: BUILDING COVERAGE: The combined square footage of the footprints of all STRUCTURES, excluding fences, divided by the total square footage of the LOT. PUBLIC LATER: A central'--wat r ppiy s ter rovid -th ougi.F a=- unici ity t is iot7 water company-or-association-fe upply n► --=tenor hous old -U_ - hi -i s+gned-te-reset-the- minimum requirements-of-theSafe-Drin wWater Act DWA), 4 G 3Q Of--PUBL-f - ATE R insludes a central water-su ridintwater-fpm-one-'r--mere-' eIi d e ntia-I-DEMELOP ENT through a single con -n jsyste n of pipes and-fa-ai itt s;- andr'whr h' meets -the requirements of -Section 2-4- 7-80.B, 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: (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. [All other definitions remain unchanged.] ARTICLE III —Zone Districts Division — A (Agriculture) Zone District 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. through S. - No Change.] 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. [Reletter subsequent items] 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 � &mftc in accordance with the requirements and procedures set forth in Article II, Division 4 of this chapter, or Article I1} Division 5, in the case of MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES. [A. through B. - No Change] C. More th-an umber of CARGO CONTAINERS than the number allowed by Section 23-3-30. [D. through EE. - No Change] 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. ACCESSORY [Remainder of Section - No Change.] 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 avowed USE. Note: 4h r -bin - RO - ►OR AREA of all A -` BUIL-DINS fir- f ust 25, t981, on LOTS of less than -ten -(-1-0) _ acres in UBDM I IO --and HISTORIC TOWNISfT-aii-not-excee►d _ four -(4) -percent -of the -total -LOT -area However, in -no -ca -se -shall s el an---AGGE o I Y BUILDING-- x ed-twIce the GROSS FLOORAREA-of-the-principal-OWELLING NI` - en--the-LOT- exec pt- r VARIANCE," Any _ ACCESSORY STRUCTURE -made -nonconforming -by application -of -this Section may -be -repaired, replacer restor- total. [Remainder of Section - No change.] 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. through 0. No change.] P. SOLAR ENERGY FACILITY (5 ACRE SEE), being less than five (5) acres in size, subject to the additional requirements of Section 23-4-1030. [Reletter subsequent items.] 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 Permit in accordance with the requirements and procedures set forth in Article I I , Division 4 of this Chapter. ACCESSORY -BUILDINGS WiTh G O&S LO-OARE -1af =than foto-4114-pefeent-of-the-totai LOT area, --as detailed in ion 3 -50 -above: r BA. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of ANIMAL UNITS permitted in Section 23-3-70.D below is exceeded or traffic to and from the facility exceeds sixty (60) daily trips. B. BUILDINGS or STRUCTURES exceeding the maximum BUILDING COVERAGE. [C. - No change.] D. More than one (1) ACCESSORY CARGO CONTAINER. [E. through N. No change.] •� .' MEiii M -SC LF SOLAR FACILITIBE T sub'ec t# d4 ionaln-requirkrnen-of-SectEon--- -4a 1030 [Reletter subsequent items.] 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 Permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. .'-AGCLSS-ORY E1UiLDIN'GS with-GIROS-FLCOQ---AREA-larger than -feu -)-per Ste l U T-aa; �asdetaile I --in- tion 23 3 -32 -above - NA. AIRPORTS and AIRSTRIPS, including crop -dusting operations. ^-::B. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of ANIMAL UNITS permitted in Section 23-3-70.D below is exceeded or traffic to and from the facility exceeds sixty (60) daily trips. G. BUILDINGS or STRUCTURES exceeding the maximum BUILDING COVERAGE. [D. through E. — No change.] F. More than one (1) ACCESSORY CARGO CONTAINER. [G. through W. — No change.] MEDIUM SCALE-8014\R-FAG1 FIE , sub)e-GWete. tr -additi nai requirements -of -Section 23 1 1030. [Reletter subsequent items] Sec. 23-3-10. 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. through F. — No change.] G. BUILDING COVERAGE In SUBDIVISIONS and HISTORIC TOVVNSITES 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 TE that allows a specified coverage in excess of the following: 1. Forty percent (40%) on LOTS six thousand square feet or less (5 61000 SF). 2. Between ten percent (10%) and forty percent (40%) on LOTS greater than six thousand square feet (> 6,000 SF) up to one acre (5 1.0 ac) according to the following formula: Maximum BUILDING COVERAGE _ -0.152 x In (LOT square footage) + 1.7236. 3. Ten percent (10%) on LOTS greater than one acre (> 1.0 ac). Division 2 — Residential Zone Districts Sec. 23-3-110. R-'1 (LowaDensity Residential) Zone District. [A. through 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. Note:- The tcombtr d GROSS FLOOR AREA of -all ,ACE-- I-LD4N enst to fter the -original . effective -date of this -Chapter (August 25, 198-1) on LOTS- ►f- ess- an-te 4 + n- UI and -141- TO I TOWNSITES shall not exceed -four ( -)--p►ercen f -t + stetal,LOT-e s However; in -pie case shall-su--anESR' BUILDING in--or-HI-T;t _ TOWNSITEexceed twice the GROSS FOR AREA ottth anti I DWELLING UNIT-er4 e -L e tby IA E Any aC ESORV Bt -LLD4-N onconfocr g by applicati+ o►f4his-ection-r ayybe-r--epa r ; repla s dor-resto -gin total - [1. through 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 I I , Division 4 of this Chapter. ACCESSORY-BUILDIN-GSwithGROSS---FLOOR-AR EA larger than- ur-(44-per ent-of-th tab LOT --area, a eta i led=in -Subparagraph ID above [Renumber subsequent items.] Sec. 23-3-120. R-2 (Duplex Residential) Zone District, [A. through 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. Note: The combined GROSS FL--AREA-of all -ACCESSORY _ BUILDINGS GOr -truce ft r the original effective date -of thi apt c--August-9 4)Toe qe an --ten (10) acres in - UBDIVI- ION and -HISTORIC TOWNS VE -shallot e. cee --for- eceent-offhe total LOT area However;--irr-no case shall such----an-A CE OR BUI L_ Dll lG-a-t 01 I 1 -I TO TO N ITE exceed twice the Rt S -F -L Ot -AI A- ►f-- i ipa C WELL I -I -1 -1 IT on -the LOT exGept by -VARIANCE. Any AC E-Y--BUILD1N r ade nonoo•ntcr in y- applicati - f h s. Section may --be repaireci,- re pl S- r tore -i n total- [1. through 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 ll, Division 4 of this Chapter. ACCESSORY BUILDINGS with a-- RQ FL QR-AREA-lar er-than four -{4)-psrcent f -the total I _ -T=ares, as detailed -Sri- ubpa-r gcapkD-above [Renumber subsequent items.] Sec. 23-3-130. R-3 (Medium -Density Residential) Zone District. [A. through 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. Nete: The corn h4 d - 1 FLOOR -AR ll ACC E -` I - ns ted-,a er the-orig a na P feetwe date --of hapter (August 25, 1981) on LOT-ef -Iessthan-ten-F3--acres tip U-IIJ-IW' _ NS--and-l4I TQRt -TN ITES shall no d four-(4)--pe-roent-of-thentotal LOT area -1k ever ••inno- ase_shal-asi 1 -a n ACC E ORYaBU1LDN M -i n--a-SU DI 'O I or-H-ISTORIC TO 'NSiTE-=--exoseed -tyke- ROSS FLOOR AREA of -the -principal -DWELLING UNIT- the LOT except -1 VARIA C - -A E SSOR.Y BUILDING made -nonconforming by application -of this Section -may he repaired, replaced -or -restored in total, - [1. through 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. i ACCESSORY -BUILDINGS with-- ROSS -FLOOR -AI EA Iar e* khan--fou- )-per-cent=of the total -LOT ace& de t i Ie n►= u-b►para r -a p h move; [Renumber subsequent items.] Sec. 23-3-140. R-4 (High -Density Residential) Zone District. [A. through 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. Note: The ciontined-GROSS-FLOO-R-AREA-of- all ACCESSORY BUILDINGS nstr ct l afterthe original eff tiv at i iapter4 August25, 1981) on -LOTS of less -than -ten (1 acres in -SUBDIVISIONS an -L1 TOR1 T WN ITE- -shaft-not exceed -four (4) percent -of theIkLOT=ac -However, in no case -shall -such -an -ACCESSORY B U I-LDI NSin-a U BDMSIO + --or---HMI Q TE exceed twice -the -GROSS FLOOR AREA of -the -principal DWELLING U IT r -the LOT -except -by VARIANCE. Any -ACCESSORY BUi-LDII -made--cionconfor to -- -app1i tion-et--thisSection-ma repaired, repi +e _ -rest -r total, [1. through 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. ACCESSORY BUtU=tN., w+th a GROSS -4-00R AREA -urger -than four —(4) p scent -of -t -We tat L T -area s-detailed-iu -para r h -D -above [Renumber subsequent items.] Sec. 23-3-150. R-5 (Manufactured Home Residential) Zone District. [A. through 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. Note: The cornbined-GROSS F -L O R AREA of _ al-l`A E:SSR U-I-LLJI N Ste' constructed after -the -original of f ective dat f -t -h is Cha pter (August -2 - 4)oaf. LOTS of less than ten-( 4 --seer l -R D I' I S IONS an -H I TGRI -T NSI-TES shall -net -exceed four —(4) —percent —of the -total LOT -area. However; in no case-shall.su --an ACCESSORY BULLING -in a - SUBDIVISION or HI T- R-iC -T- SITE ex twieerthe-G-ROSSFLOG-SIG-UI IT on the-L-OT-excepty-VA I I Any —EGG RY BUI-L-I Iii oar nforn ing y---application—of—this Sectio-n-may be -re 1red replaced —or restorod in total; [1. through 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 I I , Division 4 of this Chapter. ACC ESSO k -V BU-I-L-DN S-- Et- -a-- R -Fh-+ -R---AR-EA larger tha e - -rice r �t-o-the--#ot-a I LOT area, -as detailed in-Suhparagraph-D--above; [Renumber subsequent items.] 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 Bulk Requirements for R-1, R-2, R-3, R-4, and R-5 Zone Districts R-1 R-2 R-4 R-5 R-3 Section Requirement A. Minimum LOT size (s* . ft. 16,000 6,000 6,000 6,000 6 000 6,000 0,000 3,000 1,500 3,000 E, Minimum Lf T area per D ELLIN C. linimur LET width 50 50 50 50 60 20 20 20 20 20 D Minimum ETE A I feet E. Minimum OFFSET (feet). Five of (5) BUILDING feet, or one HEIGHT, (1) foot whichever for each three is (3) feet greater-, or zero (0) permitted meeting Weld County for the and attached requirements where Code. located DWELLING of along Chapter UNITS, a where party 29 of wall the F- Maximum BUILDING HEIGHT (feet) 30 30 130 45 30 . Maximum LOT COVERAGE %) ' 50 60 60 70 60 Maximum number ANIMAI UNITS f r LOT I -'l Zone ANIMAL _.of I ors -not -permitted -in in the --District, -R-2, R4, R 4 and permitted per -LOT R 5 Zone Districts. H. UNITS Maximum permitted number per LOT of ANIMAL2 0 0 0 0 . no Ma roosters imam *ermitted number of per poultry LET. hens, N/A 0 0 0 4 I Up (7) to of two four (4) (2) of or one (1) more species species. or a total of seven Ma BETS imum • er • number remises of HOUSEH LD [Remainder of Section - No change.] Division 5 - E (Estate) Zone District 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. Note: The corcebine€1-GROSS FLOOR AREA -of -a11 ACCESSORY BUILDINGS conStfliGteci atafter-tiheor494Ral eft tiv -G t s ha=p (August 25, 1 -913 -1 -yon LOTS , less than ten .(10) acres -in —SUBDIVISIONS and -HISTORIC TOWN -SITES )-p r i n case -sue -such an E R -V shell -riot �.�c-f+�u�r �-- ' er�r�t-�� total -LET �r��. � , BUI-L--D-I-NG in a SUBDIVISION -or HISTORIC T N ITE3exceed4t i e-thFLOOR-AREA of -The principal DWELLING—ITon the LOT except -by _ VARIANCE —Any --ACCESSORY BUJ -LP -NG-made nonoonfor•m-in --by- appl4cat;inn-of-this-Section may be-repaired,rireplaoed or restor i 4 I Exterior portions of all ACCESSORY BUILDINGS, including the roof, shall be constructed of nonreflective materials. [Remainder of Section - No change.] 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. ACCESSORY B IDL IN with a GROSS -FLOOR ARE lar e h8n40ui 'i } percent -of -the -total L- T-- a r-+ a; -s -detailed- n --Section 23 -3 -P120 -above, BA. BED AND BREAKFAST FACILITIES. B. BUILDINGS or STRUCTURES exceeding the maximum BUILDING COVERAGE. [Remainder of Section - No change.] 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. through E. - No change.] F. Reserved- Maximum BUILDING COVERAGE without an approved Use by Special Review: 10%. [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) F ) 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) twenty eight (28) days, [Remainder of Section - No change.] CHAPTER 24 - SUBDIVISIONS ARTICLE I - General Provisions 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- central water -supply-system prov ded-through-a m -ioipatit at r- tci!et, water Gem pany-e►r associati n for su-pp ater, which -is -designed -meet- t e- inE u r -e a rnents of rinking "Water Act --(SD ); _ 42. U.S.C, -300-f e.w a e i l`rLe ee tral water -supply system providing water from one -or -more wells to -dots through a single-contneoted system of -pies an faci•litiesIi-and- ieh-greet - t'hr .lure . the WeldCounty-ode. 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: (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. [All other definitions remain unchanged.] eaileleL 9 /5 f Cheryl Hoffman From: Sent: To: Subject: Attachments: Follow Up Flag: Flag Status: Kristine Ranslem Wednesday, September 15, 2021 8:35 AM Cheryl Hoffman FW: PC Resolutions for Ordinances 2021-15/16 ResOrdinance 2021-15 (Bulk Requirements & Water).pdf; ResOrdinance 2021-16 (Sign Code).pdf Follow up Flagged Please see Jim's suggestions below for changes to Ordinances 2021-15 and 2021-16. I have also attached the Draft PC Resolutions for Ordinances 202145 and 2021-16. If you have any questions, please let me know. Thank you! Have a good day From: Jim Flesher <jflesher@weldgov.com> Sent: Tuesday, September 14, 2021 3:13 PM To: Kristine Ranslem <kranslem@Dweldgov.com> Cc: Angela Snyder < a snyd a r@we Idgov. co m>; Tom Pa rko Jr. <tpa rko@we l dgov. co m > Subject RE: PC Resolutions for Ordinances 2021-15/16 Kris the comma after "infestation" in DERELICT T SIGN is missing.47r I missed an Oxford comma after "braces" in 23-4-70.A, if you don't mind inserting that. reeve In the other reso, there should be a comma after "fences'' in the definition of BUILDING CQUILDING COVERAGE„,"' . Insert "ARTICLE I - General Provisions" at the beginning to be consistent ---es"- POULTRY should not be in CAPS since it isn't defined in 23-1-90L Thanks, Jim From: Kristine Ranslem <kranslem@iveldgov.com> Sent: Tuesday, September 14, 2021 10:18 AM To: Angela Snyder <asnvder@weldgo►v.com>; Jim Flesher <illeshe r l l >; Tom Parko Jr. <tpa "koc� e ddgov.com> Subject: PC Resolutions for Ordinances 2021-15/16 I have finished the PC Resolutions for Ordinances 2021-15 and 2021-16. Please review and if you see any corrections that need to be made, please let me know. Thank you! Kristhi4 rcatsZeni. Planning Technician Weld County Planning Department 1555 N. 17`h Avenue Greeley, CO 80631 (970)400-3519 kransie nweldqowrcom Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTIONS OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by , that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: ORDINANCE 2021-15 PRESENTED BY: TOM PARKO/ANGELA SNYDER REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING AND CHAPTER 24 SUBDIVISIONS (BULK REQUIREMENTS AND PUBLIC WATER) OF THE WELD COUNTY CODE. be recommended favorably to the Board of County Commissioners. Motion seconded by .. VOTE: For Passage Anst Passage Absent The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on October 5, 2021. Dated the 5t#' of October, 2021 Kristine Ranslem Secretary ARTICLE I - General Provisions 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: BUILDING COVERAGE: The combined square footage of the footprints of all STRUCTURES, excluding fences, divided by the total square footage of the LOT. PUBLIC WA TER: A -e teai-ester EUpp-y sy&te rovided through-a-mutnriGipa1ity,watflstrist,water eompany--o ssoo anon-- r-su pl at I h - -which is designed to meet -the -minis um requirements of the Safe DT -inking Wate - c 4SPVIVA3. 42 tJ. t. PUBLIC A -T nckida&-a central water supply systernproviding- tef-fmerie-or rmice-weld- l --LOTS in a cesidential--O&V&L ^-N--T througn a sj-rigie-cortneGted system -o i s-andf edifies-,: andawhichmeets-the- requirements --of Section 24- 7-80.B. 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: (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. [All other definitions remain unchanged.] ARTICLE III — Zone Districts Division ° — A (Agricultura) Zone District 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. through S. — No Change.] 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. [Reletter subsequent items] 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 Special Review Permit 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. through B. — No Change] C. More than the number of ACCESSORY CARGO CONTAINERS than the number allowed by Section 23-3-30. [D. through EE. — No Change] 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.] 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 TOVVNSITES so long as they are clearly incidental and ACCESSORY to an allowed USE. Note.: —The combined bined R ►-SS FLU B -AREA --of al -ACCESSORY L -D t-1 on str cted after -Au -gust 25, 181, on -LOT of--less-than .ten-(1.04---aoces-4n- S U I -VISION and 1t T R,[G=T IJ ITES sha -yet-e-xca ) In r--(4)-pe€cer t-of=the tetaI=-LO _ I area_However, in no case shall soh an ACCESSORY -BOLDING exceed twice theG RO -F eOR-AREA of the prin p e WELLING ING UNIT onthe LOT -except-by- VARIANCE. Any ---A E R -- T U-C-TURE made nonconforming -by application of this Sectionerepaired, replaced or restor-ed4n-to l- [Remainder of Section - No change.] 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. through O. - No change.] 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. [Reletter subsequent items.] 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 Special Review Permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. A-AGGES ORY Bt Ix,11GS with GROSS-EL-AREA-lar r than - fo -, -�--_ er+cant c-theiotal LOT area, ash ile -i-n Section--244-50-alaov BA. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of ANIMAL UNITS permitted in Section 23-3-70.D below is exceeded or traffic to and from the facility exceeds sixty (60) daily trips. B. BUILDINGS or STRUCTURES exceeding the maximum BUILDING COVERAGE, [C. - No change.] D. More than one (1) ACCESSORY CARGO CONTAINER. [E. through N. - No change.] 11 USCALE-SOLAR FACILITIES, subject tw-the-additional-r a tints-of-Secti+on4 - C3t [Reletter subsequent items.] Secd 23-3-65. Uses by special review in historic townsites. The following BU I LDi NG S, 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 Special Review Permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. A. -ACCE SSO RV--BUILDINGS-with-GROSS-F-1 OOH-ARGOR-AR EA4a-rgor tha n r - ec en - h a tots' LOT -a r -ea , a -- 1a ledsien-Sest ion ►-32--a-bo► ve DA. AIRPORTS and AIRSTRIPS, including crop -dusting operations. 4Y`B. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of ANIMAL UNITS permitted in Section 23-3-70.D below is exceeded or traffic to and from the facility exceeds sixty (60) daily trips. C. BUILDINGS or STRUCTURES exceeding the maximum BUILDING COVERAGE. [D. through E. — No change.] F. More than one (1) [C. through W. No change.] ACCESSORY ry CARGO CONTAINER. ME ! U -SCALE SOLAR FA iL I TI E , subject to the add itior i-requi re s of e io: - . '' 4- 1030. [Reletter subsequent items] 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. through F. — No change.] 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). 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 = -0.152 x In (LOT square footage) + 1.7236. 3. Ten percent (iO%) on LOTS greater than one acre (> 1.0 ac). teottr . [Division 2 a Residential Zone Districts Sec. 23-3-110. R-1 (Low -Density Residential) Zone District. [A. through 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. Note: The combined- Rte; FLOOR -AREA of all ACCESSORYauto-auto-u4Gs constructed aftor the orig-inal effective diate thi& haptcr (August 25, 19811 on LOTS o►f-Ie --t en (10) acres in-SUBDIVISION-S 'tid HIST T - -T -;sl al ot-ex e4 percent -of -Pie total LOT --ate. Rowe r in -no sase-shall such -an -ACCESSORY ifii 1G gin oSUB DIVIN-o -S-T- -t -TO N I Ice- twice the -GROSS -FLOOR AREA of the pain LU-N --UNIT ►n the--LOT*eepl-by VARIANCE Any --A E OR` RU -I ING-mannco4o in - p licatia+ its e Lion -may- be repaired( replaced- r- tofe -in tutal [1. through 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. l ACCESSORY B t- I N GS with—a--R-LOOK AREA larger than four (41) -percent -of -the total LOT —ace , as detailed i - ubpa raph D- er [Renumber subsequent items.] Sec. 23-3-120. R-2 (Duplex Residential) Zone District. [A. through 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. Note: The + mb wredR-Q—.E i -EA of all ACCESSORY —BL constructed after the original effect4ve-date-of-this4Chapter-ircAugust 25, 19314 -on L TS, of iresa thaaac res inatElIDIVISIONS and -HISTORIC TOWNSI-T —shall-not-exceed- four (A) percent -of -the- total L —ace o cyer-in-n-o case -shall -such an ACCESSORY BUILDING in a UBGLIVI1 -er HI TORT -TO N &-TE exceed twit&t&GROG-FLOOR AREA of the principal -D LLING-LIN-IT=on the-LQT• opt VARIAN E. An -y -ACCESSORY FIAT-LDIN -madam-n ooaferrn i - p$ication- of this Section may be repaired, re p1aoed-o stared-i n total. [1. through 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 I l , Division 4 of this Chapter, ACCESSORYBUILDINGS with a GROSS FLOOR AREA is ger than _ f sr-(4-fateroent f= t etetat LOT acearas_detatled in Subparagraph D above_ [Renumber subsequent items.] Sec. 23-3-130. R-3 (Medium -Density Residential) Zone District. [A. through 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. Note: The combined -GROSS FLOOR AREA of -all A- ESSORY bUIL-QlNGeor tr ted after -the original effective date of this Chapta -+d ust= 5, 1984) -on -LOTS of less -than -ten (10) acres. in SUBDIVISIONS -and -HISTORIC -TO eed four--(43-percent of -the -total -LOT area However n no -case hall -such an ACCESSORY 8 LII D -IN =ie -$ TOWN-Sl-`PE exceed twice -the GROSSFLOORAREA of the prino+pal DWELLING UNIT on the LOT except by- VAR -I GE Ate ESS ` -' L- GN rnade-RonconfornSgby application -of -this Section ma e repaired, -rep -laced -or restored t [1. through 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. ACS-- SOY BUILDINGS -with a GROSS FLOOR AREA -larger -than -tag (4)-percent,91-the total-L--OT-area r a-&- ek fl-in-Sebp rag -rah- bove. [Renumber subsequent items.] Sec. 23-3-140. R-4 (High -Density Residential) Zone District. [A. through 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. combined —SRO —FLOOR AREA of all -ACCESSORY BUILOINGS constructed after the original, effectiv letekofthistha ►ter <August 25. 19814--on4OTS of -less than ten-(40facres in SUBIDIVISIQNS ETES shall net exceed -four -(4+ -percent of,.t a l -LOT arua.-However, in no case shall such an ACCESSORY UILDIN ---4-n a SUBDIVISION cr-HIT IC -T --o N--1 TC r3wF+e e twice the -GROSS FL-AREARE of-therin i l4)WEWUNG4.8NST -on4he LOT -except by VAR LA GE , y= AGGESS0R-Y-1441:. -made -non-con form by-applieation of this -Section -may -c pa4c°ed, r- ptaoe Nestor- - --tot-. k [1. through 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. ACCE--FOR RUILDING-With--a te LOOR AREA tacger than four t-44 percent -of the -total ve= [Renumber subsequent items.] Sec. 23-3-150. R-5 (Manufactured Home Residential) Zone District. [A. through 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. Note: The combeined GROSS FLOOR AREA-el-atrACCIESSORY U4; IN t rthe---original effective -date of this Chapter (August 2649814 o•n LOTS of Ives than tee° cres in SUBDIVISIONS an-d-rHIS:TORI -TO '" NSIT€S shall not -exceed four -{-11) percent of the total LOT area. Howe ;-ln-no case- shalt-s-uGh an ACCESSORY RA -DING in o-SL1B! SION-. P I - NSITE exceed twiGe4hs 1 SS -FL R -AREA of the principal DWELLING - UNIT on, the L. T_ex t by VARIAN . Any -ACCESSORY BUILDING e- n r fomli'•n f '1 en oft s-Seen. may -be repaired, replaced or res '-ai-tetal-- [ 1. through 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. i -AC OR I'L-DIN -with- SanEt0 OR -AREA Iar e.r-t a --feu€-(M)-scent of--thy--fetal LET _ area as -detailed inStibparagreph D above, [Renumber subsequent items.] 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 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. 1 Minimum LOT size (sq. f. _ 6,000 0.000 5.000 6,000 6,000 0,000 3,000 3,000 ''1,500 150 3,000 B. ' Minimum UNIT M. LOT ft. area per DWELLING 50 50 50 50 C. Minimum LOT width D. Minimum SETBACK (feet) 20 20 20 1 20 20 - E. Minimum OFFSET (feet). 1 Five of (5) BUILDING feet, or HEICITT, one (1) foot whichever for each is three (3) greater, feet or zero permitted (0) for attached and where located DWELLING along UNITS, a party where wall meeting Weld County the requirements Code. of Chapter 29 of the F. 30 30 30 45 30 Maximum BUILDING HEIGHT (feet) . Maximum LOT COVERAGE (%) 50 60 60 70 60 Ma-ximum-nombef of ANIMAL UNITS Two ►or LOT in A 1 Zoe t, ANIMAL LOT UNITS -(2) Na-e -i net -permitted in the -Dis ri R 3, 4 permitted per - _ R5 Zone Districta, -R-2, -R and H 1. UNITS Maximum number permitted er LOT of ANIMAL 2 0 0 0 I 2. no Maximum roosters, permitted number of per poultry LOT. hens, N/A - o 0 0 • Maximum PETS number of per premises HOUSEHOLD Up (T) to four (4) of two (2) of or one (1) more species. species or a total of seven [Remainder of Section - No change.] Division 5 — E (Estate) Zone District 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. ote-T- om in --GRSS FL. --AREA--of ali-A E S R '=S 1-L DINGS c nstr te aft- rnthe-oFi inaI=effe+ ve date -of -this Chapter (August 25, 1961) on LOTS of toswan-ten (10) -a-c-res--in-- U 1VI N& -and HISTORIC-TOWNSITES shaft -not -exceed fore percent -of -the -total LO I area, Ho ever�n no case shall -such an -ACCESSORY. LM-LDI-i -w--a--SUBIVf t-O-HIS-TCRiG-TOW IITE exceed tw*i& --FLOOR AREA -oche principal -D -L-LIN _ .MI -T on the -LOT except -b ''A IAN E My- - - -made ncinGenforrning-by application of th a ion- ay he repairea replecred-er-restored-in total, Exterior portions of all ACCESSORY BUILDINGS, including the roof, shall be constructed of nonreflective materials. [Remainder of Section - No change.] 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. A. ACCESSORY- BIM -WINGS wittis4-a-- R= te-F--LO SE- -lar g ar- fou r ('1) percent of the -total LET -area s- etaiied-iii= t o•n-23-3 420 above EtA. BED AND BREAKFAST FACILITIES. B. BUILDINGS or STRUCTURES exceeding the maximum BUILDING COVERAGE. [Remainder of Section - No change.] 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: „Airr [A. through E. -- No change] F. Reserved Maximum BUILDING COVERAGE without an approved Use by Special Review 10%. [Remainder of Section - No change.] (to 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) 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) twe F1ty-eig had a) days. [Remainder of Section - No change.] CHAPTER 24 — SUBDIVISIONS ARTICLE I — General Provisions Sec. 24-140. 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 -s s -provided through a-monieipality,. water thstri ater n-lpany or -association -for -supply' g water w i -i•s designed 4o me the- minimum requi-rements of the afe-Dr-iokir}y-Wilater-Aet- r WA -)r 42 J --S. 4- Of-, 'i # -water includes a centralwater-sup0y system-- revici-ng wa r fry-en+s--or more-wellsz--ta=alt ts-tl gh a single con-nected3Hsys rn-of=pipes and--ta ; i-t e -s:; -and-w hi sh--meet s--t-he--requ ir- m l -s- f-- a en 24-3 70.6 -of. the Weld o €m de 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 (16) 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: (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. CAM other definitions remain unchanged.] WELD COUNTY CODE ORDINANCE 2021-%K Bulk Requirements & Public Water IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING AND CHAPTER 24, SUBDIVISION, PLANNED UNIT DEVELOPMENT, 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 Chapters 23 and 24 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: Add BUILDING COVERAGE: The combined square footage of the footprints of all STRUCTURES, excluding fences divided by the total square footage of the LOT. Modify PUBLIC WA TER: entra-water--suppl-systemrovid-ed-th-rou h a munie pabity, water Pict, water company or association- supp ing water for household -USES -which -is designed -to fleet the Nnanimum.=requirements-of the Safe -Drinking -Water Act (SDI), 42 U.S.C. §300f. PUBUG WATER includes a cer t•rai water supply system providing -water from one -or -more wells to all LOTS -e a4e i'dential D VELQP -ENT through a single -connected system -of --pipes and-facilities,ancl-which meets -the -requirements of -Section 24-7-8Oa 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: (a) Any collection, treatment, storage, and distribution facilities under control of the operator of PAGE 1 2021-XXXX ORD 021-XX 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 - 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 TOWNS ITES in the A (Agricultural) Zone District upon approval of a Special Review Permit 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 UTILITES OR PUBLIC AGENCIES. A. thru B. - no change D. More than the number of ACCESSORY CARGO CONTAINERS than the number allowed by Section 23-3-30. D. thru EE. -- no change FF. SOLAR ENERGY FACILITIES (SEF'S), being more than five (5) acres in size but less than one - hundred sixty (160) acres in the NearlUrban 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. -mete:... -The combined GROSS -FLOOR AREA of ail ACCESSORY BUI-LDI-NHS--constructed after -Angst -2 -6r1 -'I -en -LOTS of -leas than -ten )-a -r sin SUBDIVISIONS and .HIST 1 —' €iTES shah not+ dl4our-O percent of the -total OT -ate However, In no case snail such -an AhS OR " ' xceed .the GROSS FLOOD -AREA of the-pri 4 I DWELLING UN -IT -on the LOT except by VARIANGE7any ACCESSORY STRUCTURE made- enconferfninf ieatier ►f -this ectiena aftbe�FepairedI replaced ofr stored-i-n-4ota Remainder of Section - No change. PAGE 2 2021- XXX 0 R D2021-XX 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 0. - No change. Add P. SOLAR ENERGY FACILITY (5 ACRE SEF), F), 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 0. 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 Special Review Permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. Delete A. A E -SS - fU4._' 1 -wit RO .FLOC our (4) percent of the totai LOT -area, as -detailed in Section -2 -3 -3 -50 -above 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. E. thru N. - no change. Delete O. ME I M --SCALE SOLAR EA I L E -S s bj ct. tl i aI--require .., f Section 23- 4 1030. P. thru CC. - No change. Reletter as 0. 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 Special Review Permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. Delete A. A E I ` B-UILD►IN S with GROSS -FLOOR -AR -EA- larger sthan-four (4)jaersentef4he total LOT area, as doted -in- a ion 23-3-32 above_ B. thru C. - no change. Reletter as A. thru B. Add C. BUILDINGS or STRUCTURES exceeding the maximum BUILDING COVERAGE. D. thru E. - No change. E. More than one (1) ACCESSORY CARGO CONTAINER. G. thru W. - No change. Delete X. NI Eon., M SCALE SOLAR -FACILITIES, subject to the additional -requirements -of Section -2-3- 4-1030. PAGE 3 2021-XXXX ORD202 XX Y. thru 00. — 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 D. — No change. E. No occupied BUILDING or STRUCTURE shall be constructed within two hundred (200) feet of any TANK BATTERY, within one hundred -fifty (150) feet of any oil and gas wellhead or within fifty (50) twenty-five (25)feet of any plugged or abandoned oil and gas well. 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: I. Forty percent (40%) on LOTS six thousand square feet or less (≤ 6,000 SF). 2. Between ten percent (10%) and forty percent (40%) on LOTS greater than six thousand square feet (> 6,000 SF) up to one acre (S 1.0 ac) according to the following formula: Maximum BUILDING COVERAGE = -0.152 x In(LCT square footage) + 1.7236. 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. Note: T l -coy fined GR FLO A of---ail--A RY Gonstructed after the original effer e d t---efai t pt (August -25, 19844 on- T of-ge h n-tenw4_1 =) a s-i SUBDIVISIONS and ' -I TO TOWNSITES-shall not= -exceed --four (4) percent of the -total -LOT area: H e'j n -n se-- shall -such an- _ AC E-SSt B & 1 -ki a SURIXVISIGN -or HISTORIC TOW -`- + eeeti ae-EROSS-FI- - f -pr+nc l -D ELLII G- NIT on -the -60T -except by VARlAN+CE. Any ACCESSORY BUILDING made noneonfor 4 application - his -Section -may be repaired; -fi lar or restored in total. 1. thru 4. - 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. Delete 1. ACCESSORY= BULL S-wI# RR FL R -A EA-ar er than four (4) percent Li! Lie total LOT--a-re< , as 4etai le n- bpar raph D-abeve 2. thru 10. - No change. Renumber 1. Thru 9. PAGE 4 -XXXX (X ORD2021-XX 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. Note: Me combined -GROSS FLOOR AREA -et --all ACCESSOR-I-LDINGS ceestfustecka tier -the original of eti ate of this Chapter- (August 25, 1-9&1)=on•--L- --T- of -less -than ten (1-0) _ yes in SUBDIVISIONS a nd 41-STORIG TOWNS ITE shall -n ceeeckfour- r a t of -tine total LOT area —However, i na -n eshall such an .A + E OI ' -S DIN -in- a -S UBD-I" I- I O o r - HISTORIC T -OW ITE exceed twice the -GROSS FLOOR AREA of the principal-WIELL-ING UNIT on the LOT -except -by VARIANCE AnynAGGESSORY BUILDI -r -ad Men r,fer in ap Iioati n- tI -is-Sectien may-be-cepaired r -replaced or restored in 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. 1. ACCESSORY BUILDINGS withe-- R -- ►R- PEMr f - ha►n-four-(4)- percentenef-the t _ T -area►; -as detailed in-Subparagraph--D-above. 2. thru 10. No change. Renumber 1. Thru 9. er 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. Note: The combined GROSS-F-404DR GROSS-F-4AREA of all -ACCESSORY B O LD I -con-str-ucted after the. eci n e cti ve date cat- is Chapter -(August 251 I9 B 1) on.--LOTS-of-less-than ten -( ores —in SUBDIVISIONS n I T I T- -WI ITE -shell-riot-- € ed-__fou percent of the total LOT area—Hftwever-=v tin . no -ease -shall---such an A R I L I in a SUBDIVISION -or HISTORIC TOWN I- , Ge ,d twice theGROSS-FL E- - f•the r-irocip►al DWELLING -UNIT en -the -L -T except -by -VARIANCE. Any ACCESSORY BUILDINGnade nonconforming --by application efwthis Section may -be -repaired ; re Sam r`-=restored-ir tal; 1. thru 4. - No change. E. - No change. F. Uses by Special Review. The following BUILDINGS, TR UCTU R EB 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. Delete 1. ACCESS OR-YOR-Y--BUILDINGS. with a + 1 SS- I -AREA-iarg- er-# an -#fur-' -) percent of the -total -=LOT area, as detailed in Subparagraph —D --above: PAGE 5 2021400 ORD2021-XX 2. thru 9. - No change. Renumber as 1. thru. 8. 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. Note: The-combined-GROS - Y : �I A EB-ALDIN B constructed after -the on mn f- Gt4-d,atept r (August 25w i9 -= en- T - f4 er-thn ten (110)--a-eres-in SUBDIVISIONS and HIT- R1 -T W ITEM fl not exceed four (4) per nt-tithe---total L -T area. _ However, _ in no case -shalt--sub an AGGESSORY BUILDING in a-S8D-I I I -or HISTORIC TOWNSITE ITE exceed twice the GROSS FLOOR -AREA of-the-principa-l-P-WE-6UNG SIT -on -the -LOT _ except by VARIANCE. Any ACCESSORY BUILDING made -nonconforming nforming by a !paatiomGets-- e tion-cna to repairedM replac -or restored in total- 1.thru 4.-Nochange. 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. Delete 1. ACCESSORY with-a-GROSSwith-a-GROSS FLOOR RE is ger- an --four (4)p rcent of the -total -LOT -area as detailed in Subparagraph bove 2. thru 9. - No change. Renumber as 1. thru 6. Amend Sec. 23-3-150. R-5 (Manufactured Home Residential) Zone District A. thru D. - No change. D. Accessory Uses. The fallowing 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. Note: The combined GROSS-FLOO 11 AC ' , R-Y-RUIWINGS constructed -after -the original =effective -date of t -is-C e Au ust 25, 1981--) on --LOTS -o1 se-tan--te --4 O* acres in SUBDWIS-IONS arid HP TOR G4Q i-Yshafl not exceed four (4) percent of the -total LOT area -However, innocase shall —such ate --A ES " BUILD1N in a SUBDIVISION -or H[S- TO NIT_ e GROSS F..OOR AREA of the -principal -DWELLING UNI-T-on-the LOT except -by -VARIANCE. Any-AESSR ' I -L I ad nonconforming- by a ppl is Section may be re p ai re replaced --o -restored---in-foetal : 1. thru 4. - No change. E. - No change. F. Uses by Special Review. The following BUILDINGS, S I RUC I URES 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. AE OILY BL LD -witl ' a-, Ro &LOOFA -AR I f- jjer Thar -fur (4) -percent -o1 the -total -LOT -area . as dale d --int-aupar-a r -a p h ID --above. 2. thru 9. - No change. Renumber as 1. thru 8. PAGE 6 2021- XXX 0RD 021-XX 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 Bulk Requirements for R-1, R-2, R-3, R-4, and R-5 Zone Districts Section Re • uirement R-2 R-3 R-1 R-4 R-5 6,000 6MM00 6,000 6,000 5,000 - A. Minimum LET sire (s• . ft, B. Minimum LOT area per DWELLING 5,000 3,000 3,000 1.500 3,000 UNIT (sq. ft.) 50 50 50 50 Minimum LOT width 50 20 20 20 20 D. Minimum SETBACK feet 20 Five (5) feet feet, or one (1) foot for each three E. Minimum OFFSET (feet). (3) of BUILDING HEIGHT, whichever is greater, or zero (0) for attached DWELLING UNITS, along of Chapter a where party 29 wall of permitted the meeting Weld and the Coun where requirements located Code. F. Maximum 30 45 30 30 30 BUILDING HEIGHT (feet 50 50 60 70 60 G. Maximum LOT COVERAGE %) I MSximur r of-ANi-MA-L I i wo LOT in R-1 Zone Distcaef, - -numIk LOT -U -T ANIMAL (2) =fir UNITS are not the R permitted per - . permitted -in 1-c. 3, R 4 and R 5 Distri ts-re , -Zone c pt POULTRY H. 1. permitted Maximum • number er LOT of ANIMAL UNITS 2 I 0 ' 0 0 2. no Maximum roosters, number permitted of per POULTRY LOT. hens, N/A 0 0 0 4 Maximum Up seven to four (4) (7) of two of one (2 (1) or more species species. or a total of P PETS number per premises of HOUSEHOLD J. — No change. K. No occupied BUILDING or STRUCTURE shall be constructed within three -hundred -fifty (350) feet of any OIL AND GAS FACILITY or within fifty (50) twenty five (2-53 feet of any plugged or abandoned oil and gas well. Remainder of Section — No change. Division 3 — Commercial Zone Districts 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. PAGE 7 2021-XXXX ORD20 1 -XX C. No occupied BUILDING or STRUCTURE shall be constructed within two hundred (200) feet of any TANK BATTERY, within one hundred fifty (150) feet of any oil and gas wellhead, or within fifty (50) twenty-five {e5} feet of any plugged or abandoned oil and gas well. Remainder of Section - No change. Division 4 - Industrial Zone Districts Amend Sec. 23-3-340. - 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. No occupied BUILDING or STRUCTURE shall be constructed within two hundred (200) feet of any TANK BATTERY, within one hundred fifty (150) feet of any oil and gas wellhead, or within fifty (50) -0:-}; feet of any plugged or abandoned oil and gas well. Remainder of Section - No change. Division 5 - E (Estate) Zone District Amend Sec. 234-420 - 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. Moto: The-erembined-GROSS FLOC -AREA of_all CCESS-O-. B LDINGS constructed after the original effective -date -of -this Chapter (must 251 Al 98-1)--on-LOTS-of-less than len-(4-0)-aeros-in. SUBDIVISIONS and HISTORIC TOWNSIThall tct X 9d four -(4) -percent of-the--total-LOT -area. Hovv verr in no cam shall -such an ACCESSORY-BUILDING4n a SUBDIVISION-or--HISTORICTOWNSITE ITE exceed -1 rice the GROSS F R AREA of--t-he pri ipaI-LL NG4J IT on -the -LOT except -by -VAR IA NC&Any AC E S SO E U IL -DING -made -nonconforming by.,apiall +on -ef- hi:s ►ct- n= ay be repaired replaced or -restored in total. Exterior portions of all ACCESSORY BUILDINGS, including the roof, shall be constructed of nonreflective reflective 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 S I RUCTURES exceeding the maximum BUILDING COVERAGE. C. thru I. - No change. Amend Sec. 3-3-440. - 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. PAGE 8 2021- ,XXX ORD20 1-XX F. Reserved. Maximum BUILDING COVERAGE without an approved Use by Special Review: 10%. O. thru I. - No change. L. No occupied BUILDING or STRUCTURE shall be constructed within two -hundred (200) feet of any tank battery, within one hundred -fifty (150) feet of any oil and gas wellhead or within t--v24yy^ f+ve ( 5) fifty (50) feet of any plugged or abandoned oil and gas well. Remainder of Section - No change. 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 eight (28) twenty-one (21) days Remainder of Section - No change. Remainder of Chapter No change. CHAPTER 24 SUBDIVISION Amend Sec. 24-1-40. - Definitions. Public -water A central water -supply -system -provided -thrG a•uni ipality, water -dirt# t, _ water c pan or association -for -sup -plying water, w iek-i-s--esi ned-to meet-the-minirnurn requirements of -the Saf Dr4r king tec-Act (SDWA]i, 42 .S.C: -- SOON. Public -water in dudes a central -water supply- syster mpro-vi ing wale r -fro moin --er r ore- &&i-s--t tt4e t rough -a -single -G nnected -system of -pipes -and -facilities, and-whish meets the requirements -of -Section -24 3 70B -of the -Weld County Code. 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: (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 Chapter - 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 PAGE 9 2021 00( ORD202 XX 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-XX was, on motion duly made and seconded, adopted by the following vote on the Xth day of XXXXX, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Steve Moreno, Chair Weld County Clerk to the Board Scott K. James, Piro-Tem BY: Deputy Clerk to the Board Perry L. Buck APPROVED AS TO FORM: Mike Freeman County Attorney Lori Saine Date of signature: May 4, 2021 Publication: First Reading. Publication: Second Reading. Publication: Final Reading: Publication: May 26, 2021 May 30, 2021, in the Greeley Tribune June 14, 2021 June 20, 2021, in the Greeley Tribune July 7, 2021 July 11, 20217in n the Greeley Tribune Effective: July 16, 2021 PAGE 10 2021- 000( ORD2021-XX Hello