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Home My WebLink About20202786.tiffWELD COUNTY CODE ORDINANCE 2020-11 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHEREAS, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows. CHAPTER 23 ZONING ARTICLE I — General Provisions Amend Sec. 23-1-90. Definitions. AGRICULTURAL PRODUCTION: PROCESSING of crops and other plants, AGRICULTURAL SUPPORT AND SERVICE, and BUILDINGS and STRUCTURES related thereto. AGRICULTURAL PRODUCTION includes extracting oils from plants and canning of plants for distribution to retailers, but does not include production of ethanol or alcoholic beverages. AGRICULTURAL SUPPORT AND SERVICE: Establishments principally engaged in serving DAIRIES and FARMING, ranching, and AGRICULTURAL PRODUCTION operations, including but not limited to the following: a. Drying, packing, sorting, blending, and/or selling of crops and other plants not grown by the owner and/or operator of the property, b. Farm equipment sales, repair, and installation, c. Grain, seed, feed, fertilizer, herbicide, and pesticide retail, wholesale, and service establishments, d. Irrigation companies, e. Produce and LIVESTOCK auctions, PAGE 1 2020-2786 ORD2020-11 f. Produce wholesalers, g. Elevator storage and cold storage warehouses, h. Farmers markets, and i. Trucking companies principally engaged in the hauling of agricultural products such as crops, LIVESTOCK, DAIRY products, etc. AGRICULTURAL SUPPORT AND SERVICE excludes the following: a. LIVESTOCK CONFINEMENT OPERATIONS, b. MEAT PROCESSING, c. ORGANIC FERTILIZER PRODUCTION/COMPOSTING FACILITIES, d. TRANSLOADING facilities, and e. COMMERCIAL TRUCK WASHOUT FACILITIES. FARMING: Any or all of the following: a. The cultivation of land, b. Growing, harvesting, drying, packing, sorting, blending, storing, or selling of crops, plants, seeds, grain, flowers, or nursery stock grown by the owner and/or operator of the property, and BUILDINGS and STRUCTURES related thereto, c. Ranching and/or the raising of LIVESTOCK, including DAIRIES, and BUILDINGS and STRUCTURES related thereto, but excluding LIVESTOCK CONFINEMENT OPERATIONS, d. Transporting crops, plants, seeds, grain, flowers, nursery stock, DAIRY products, manure, or LIVESTOCK grown, produced, or raised on the premises to off -site facilities, but not trucking companies principally engaged in hauling products produced off -site, e. Selling of manure produced by LIVESTOCK owned by the owner and/or operator of the property where the sale occurs, and f. Storing of feed for LIVESTOCK, whether grown on- or off -site. 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 J. — No change. Delete K. K. Golf courses permitted under Division 17 of Article IV of this Chapter. Delete M. PAGE 2 2020-2786 ORD2020-11 L. HOME OCCUPATIONS permitted under Division 13 of Article IV of this Chapter. M. Keeping between five (5) and eight (8) HOUSEHOLD PETS of one (1) species, or between eight (8) and sixteen (16) HOUSEHOLD PETS of two (2) or more species and, in addition, up to thirty (30) birds, permitted under Division 17 of Article IV of this Chapter. N. LANDSCAPING COMPANIES permitted under Division 17 of Article IV of this Chapter. Delete Q. Reletter remaining items. 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 G. — No change. Delete H. Reletter remaining items. 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. A. thru M. — No change. Delete N. N. HOME BUSINESSES. O. KENNELS. Delete Q. Reletter remaining items. 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. A. thru R. — No change. Delete S. S. HELIPORTS. T. HOME BUSINESSES. U. HOTELS/MOTELS. PAGE 3 2020-2786 ORD2020-11 V. KENNELS. W. LANDSCAPING COMPANIES. Delete Y. Reletter remaining items. Division 3 — Commercial Zone Districts Amend Sec. 23-3-230. C-3 (Business Commercial) Zone District. A. thru C.12. — No change. Delete 13. 13. FUNERAL HOMES and mortuaries. 14. Golf courses. Delete 16. Renumber remaining items. Division 4 — Industrial Zone Districts Amend Sec. 23-3-310.1-1 (Light Industrial) Zone District. A. thru C.8. — No change. Delete 9. 9. FUNERAL HOMES and mortuaries. 10. Golf courses. Delete 12. Renumber remaining items. Amend Sec. 23-3-320. 1-2 (Medium Industrial) Zone District. A. thru C.9. — No change. Delete 10. Delete 11. Renumber remaining items. PAGE 4 2020-2786 ORD2020-11 Amend Sec. 23-3-330. 1-3 (Heavy Industrial) Zone District. A. thru C.12. — No change. Delete 13, 13. Golf courses. Delete 15. Renumber remaining items. ARTICLE IV — Supplementary District Regulations and Zoning Permits Division 17 - Zoning Permits for Certain Uses in the Agricultural Zone District Amend Sec. 23-4-1200. Uses requiring zoning permits in the agricultural zone district. A. A zoning permit for USES listed in Article III of this Chapter as requiring issuance of a zoning permit under this Division 17 may be approved if the USE complies with the criteria herein. The Board of County Commissioners delegates the authority and responsibility for processing and approving these zoning permits to the Department of Planning Services as long as the application meets the criteria of this section and any other applicable requirements within this Chapter 23. If the Director of Planning Services determines the application does not provide sufficient evidence showing the standards set forth in this Division 17 will be met, he or she will forward the application to the Board of County Commissioners for its review and consideration following a public hearing. Criteria for approval include: 1. The subject property is a LEGAL LOT. 2. The application complies or will comply with the design standards in Section 23-4-1205 and the conditions in Section 23-4-1240 below. 3. The proposed USE is compatible with applicable provisions of Chapter 22 of this Code. Delete 4. Delete 5. 4. The proposed USE is compatible with the character of the NEIGHBORHOOD. 5. The proposed USE is compatible with the general health, safety and welfare of the inhabitants of the area and the COUNTY. 6. The application complies with any requirements the Director of Planning Services deems necessary in order to mitigate adverse effects of the USE on the NEIGHBORHOOD. 7. The proposed USE has adequate access and STREET/ROAD or highway facilities providing access to the property are adequate in size to meet the requirements of the proposed USE. 8. In those instances where the following characteristics are applicable to the request, the applicant has demonstrated compliance with the applicable standards: PAGE 5 2020-2786 ORD2020-11 a. If the proposed USE is located within any OVERLAY ZONING DISTRICT or SPECIAL FLOOD HAZARD AREA identified by maps officially adopted by the COUNTY, the applicant shall demonstrate compliance with the COUNTY regulations concerning OVERLAY ZONING DISTRICTS and SPECIAL FLOOD HAZARD AREAS. b. The proposed USE of any area known to contain a COMMERCIAL MINERAL DEPOSIT shall not interfere with the present or future extraction of such deposit by an EXTRACTOR to any greater extent than under the present USE of the property. Delete c. B. — No change. C. If approved, the Zoning Permit Plan shall be recorded by the Department of Planning Services prior to commencement of the USE or construction, except for a second SINGLE-FAMILY DWELLING, which shall not require a Zoning Permit Plan to be recorded and may be hand - drawn without certifications. All Zoning Permit Plans for USES other than second SINGLE- FAMILY DWELLINGS shall be digitized with electronic signatures and seals or shall be delineated in nonfading permanent black ink on Mylar or other drafting media approved by the Department of Planning Services with original signatures and seals in permanent black ink. The applicant shall pay the recording fee. If the required documents have not been recorded within ninety (90) days from the date of approval or if an applicant is unwilling or unable to meet any of the conditions within ninety (90) days of approval, the Director of Planning Services may refer the application to the Board of County Commissioners, which may revoke the zoning permit following a public hearing. The applicant shall be notified of the public hearing at least ten (10) days prior to the hearing. Prior to said hearing, the Director of Planning Services may grant a one-time extension of up to ninety (90) days, for good cause shown, upon a written request by the applicant. Before this extension has expired, the applicant may seek a further extension from the Board of County Commissioners by written request to the Director of Planning. If the Board of County Commissioners denies the extension or if the conditions are not met and the required documents recorded by the date specified by the Board, the zoning permit approval shall be voided, and the application denied. D. The Zoning Permit Plan shall include the entire LOT(S) upon which the USE(S) will be located. A Zoning Permit Plan, once recorded, replaces any previously recorded Zoning Permit Plan for the subject property. Add Sec. 23-4-1205. Design standards. The applicant shall demonstrate compliance with the following design standards in the application and shall continue to meet these standards if approved for DEVELOPMENT: A. Adequate water service in terms of quality, quantity, and dependability is available to the site to serve the USES permitted. B. Adequate sewer service is available to the site to serve the USES permitted. C. If soil conditions on the site are such that they present moderate or severe limitations to the construction of STRUCTURES or facilities proposed for the site, the applicant has demonstrated how such limitations can and will be mitigated. PAGE 6 2020-2786 ORD2020-11 D. Adequate fire protection measures are available on the site for the STRUCTURES and facilities permitted. E. USES shall comply with the stormwater drainage criteria requirements set forth in this Code. F. All parking and vehicle storage shall be provided on the site. Parking and loading areas shall be designed and constructed in accordance with Division 1 of Article IV of this Chapter. G. USES shall comply with all the bulk requirements of Section 23-3-70. H. The access shall be located and designed to be safe. Ingress and egress shall not present a safety hazard to the traveling public or to the vehicle accessing the property. For USES generating high traffic volumes and large number of large, slow -accelerating vehicles, acceleration and deceleration lanes may be required to mitigate a potential traffic hazard. I. New accesses to PUBLIC RIGHTS -OF -WAY shall be constructed in accordance with this Code. J. Buffering or SCREENING of the proposed USE from ADJACENT properties may be required in order to make the determination that the proposed USE is compatible with the surrounding USES. Buffering or SCREENING may be accomplished through a combination of berming, landscaping, and fencing. K. USES shall be located on the least prime soils on the LOT unless the applicant can demonstrate why such a location would be impractical or infeasible. L. The placement of SIGNS on the site shall comply with the requirements of Article IV, Division 2 and Appendices 23-C, 23-D, and 23-E of this Chapter. M. Trash collection areas or facilities shall be SCREENED from PUBLIC RIGHTS -OF -WAY and ADJACENT properties. These areas shall be designed and used in a manner that will prevent wind- or animal -scattered trash. Amend Sec. 23-4-1210. Operation standards. The applicant shall demonstrate conformance with the following operation standards in the zoning permit application to the extent that the standards affect location, layout and design of the USE prior to construction and operation. Once operational, the operation of the USE permitted shall conform to these standards. A. thru F. — No change. G. Up to nine (9) COMMERCIAL VEHICLES associated with the zoning permit USE shall be allowed to be parked on -site, unless otherwise approved by the Board of County Commissioners. Amend Sec. 23-4-1220. Application requirements. The following shall be submitted as a part of a zoning permit application: A. thru B. — No change. C. A Zoning Permit Plan of the property, a draft of which shall be submitted in electronic (.pdf) format and if approved shall be submitted on Mylar or other drafting media approved by the Department of Planning Services. The Zoning Permit Plan shall include, as applicable: 1. — No change. PAGE 7 2020-2786 ORD2020-11 2. Existing access. 3. Existing and proposed parking areas, including surface material, number, and dimensions of spaces and drive aisles. 4. Existing and proposed landscaping and SCREENING. 5. Existing and proposed signage. 6. Other existing and proposed improvements. 7. The Zoning Permit Plan shall bear the following certifications, except for a second SINGLE-FAMILY DWELLING: a. Property owner's certificate, which shall be notarized in accordance with the Revised Uniform Law on Notarial Acts, C.R.S. §24-21-501, et seq.: I, the undersigned, certify that the uses, buildings and structures located on this Zoning Permit Plan are designed and will be constructed and operated in accordance with the development standards hereon and the district requirements for the Zone District as stated in Chapter 23 of the Weld County Code. I understand failure to comply with the development standards, applicable provisions of County Code, and/or any conditions of approval could result in the County initiating a compliance action against me or my successors. Signature of Property Owner b. Department of Planning Services' Administrative Review Certificate, which shall be notarized in accordance with the Revised Uniform Law on Notarial Acts, C.R.S. §24- 21-501, et seq.: This Zoning Permit Plan is accepted and approved for filing. Director of Planning Services Remainder of Section — No change. Amend Sec. 23-4-1240. Conditions, enforcement, and revocation of zoning permit. A. thru H. — No change. I. Any USE listed in Article III of this Chapter as requiring issuance of a zoning permit under this Division 17, but which was in lawful existence at the time of adoption of this Division 17, may continue without obtaining a zoning permit so long as the USE is not discontinued for a period of three (3) consecutive years. The Department of Planning Services may permit minor amendments to such USE in accordance with the preceding Subsection. A minor amendment to an existing approved Use by Special Review for a USE that now requires a zoning permit under this Division 17 shall be processed in accordance with Section 23-2-285 of this Chapter. PAGE 8 2020-2786 ORD2020-11 If the Director of Planning Services determines the proposed amendment does not qualify as a minor amendment, the proposed amendment shall require a zoning permit. If approved, vacation of the Use by Special Review may be a condition of approval of the zoning permit. 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 2020-11 was, on motion duly made and seconded, adopted by the following vote on the 28th day of September, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Mike Freeman, Chair Weld County Clerk to the Board Steve Moreno, Pro -Tern BY: Deputy Clerk to the Board Scott K. James APPROVED AS TO FORM: Barbara Kirkmeyer County Attorney Kevin D. Ross Date of signature: PAGE 9 2020-2786 ORD2020-11 Publication: June 17, 2020 First Reading: July 27, 2020 Publication: August 5, 2020, in the Greeley Tribune Second Reading: September 14, 2020 Publication: September 18, 2020, in the Greeley Tribune Final Reading: September 28, 2020 Publication: October 2, 2020, in the Greeley Tribune Effective: October 7, 2020 PAGE 10 2020-2786 ORD2020-11 Hello