HomeMy WebLinkAbout20203560.tiffWELD COUNTY
CODE ORDINANCE 202020
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 Sections or portions thereof of 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Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the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
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:
LARGE SCALE SOLAR FACILITY: A facility for the production of electrical energy from
energy produced by the sun including solar energy collectors, power generation facilities, facilities
for storing and transforming energy, other appurtenant facilities and any transmission lines, which
is developed for the purpose of supplying or distributing electrical energy to users, a customer or
customers and will have a rated capacity greater than thirty (30) megawatts. This designation
shall not include roof and/or ground mounted solar systems located on permitted PRINCIPAL and
ACCESSORY BUILDINGS and designed to supply power to the principle USE(S) on site. Large
Scale Solar Facilities are permitted in 21-1 Zones througnin the A (Agricultural) Zone
District, which 1) are located outside three (3) miles of existing city limits, 2) meet the definition of
"Rangeland" as defined by the NRCS, and 3) meet all the requirements pursuant to the
procedures found in Chapter 21 of this Code. Large Scale Solar Facilities are also permitted in
the 1-2 and 1-3 Industrial Zone Districts pursuant to the procedures found in Chapter 2423, Article
I1, Division 3 of this Code.
MEDIUM SCALE SOLAR FACILITY: A facility for the production of electrical energy from
energy produced by the sun including solar energy collectors, power generation facilities,
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facilities for storing and transforming energy, with a rated capacity over five (5) MW, but less
than thirty (30) 'VW, other appurtenant facilities and any transmission lines under one hundred
fifteen kilovolts (115 kV), which is developed for the purpose of supplying or distributing
electrical energy to users, a customer or customers and is located on twenty (20) acres or more.
This designation shall not include roof and/or ground mounted solar systems located on
permitted PRINCIPAL and ACCESSORY BUILDINGS and designed to supply power to the
principle USE(S) on site. Medium Scale Solar Facilities are permitted in the A (Agricultural)
Zone District, which 1) are located outside three (3) miles of existing city limits, 2) meet the
definition of "Rangeland" as defined by the NRCS, and 3) meet all the requirements pursuant
to the procedures found in Chapter 21 of this Code. Medium Scale Solar Facilities are also
permitted in the I-1, 1-2 and 1-3 Zone Districts pursuant to the procedures found in Chapter 23,
Article II, Division 3 of this Code.
SMALL SCALE COMMUNITY SOLAR FACILITY: A facility for the production of electrical
energy from energy produced by the sun including solar energy collectors, power generation
facilities, facilities for storing and transforming energy, with a rated capacity of up to five (5) MW,
other appurtenant facilities and any transmission lines under one hundred fifteen kilovolts (115
kV), which is developed for the purpose of supplying or distributing electrical energy to users
and/or, a customer or customers_ and will b cat on less than twenty 2-0) acres-: The facility
shall not exceed twenty (20) acres or twenty percent (20%) of the total parcel size, whichever is
less. No SMALL SCA.1 COMUNITY SOLAR FACILITY shall be located closer than two
hundred (200) feet from any other solar facility. Small Scale Solar Facilities are permitted in the
A (Agricultural) Zone District pursuant to the procedures found in Chapter 23, Article II, Division
4 and also permitted in the I-1, k2 and 1-3 Industrial Zone Districts pursuant to Chapter 23, Article
II, Division 3 of this Code. This designation shall not include roof and/or ground mounted solar
systems , a d -on it e associated with PRINCIPAL and ACCESSORY BUILDINGS and
designed to supply power to the principle and/or accessory USE(S) onsite.
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 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. thru Q. — No change.
Delete R and reletter subsequent items.
R.
1030
-DIU
SQ- =AII-UIP e � y ` r --u - =em -g=ets of Section 23 Air-
G-GFF. SMALL SCALE COMMUNITY SOLAR FACILITIES, subject to the additional
requirements of Section 23-4-1030.
Amend Sec. 23-3-310. - I-1 (Light Industrial) Zone District.
A. and B. — No change.
C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the I-1
Zone District following approval and recording of a Site Plan in accordance with Article II,
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Division 3, of this Chapter. Any USE conducted outside of an ENCLOSED BUILDING shall
be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone
District other 1-3.
1. thru 16. — No change.
Add 17 and renumber subsequent items.
17. MEDIUM SCALE SOLAR FACILITIES, subject to the additional requirements of Section
23-4-1030.
2827. SMALL SCALE COMMUNITY SOLAR FACILITY, subject to the additional
requirements of Section 23-4-1030.
D. and E. — No change.
F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be
constructed, occupied, operated and maintained in the I-1 Zone District upon approval of a
permit in accordance with the requirements of Article II, Division 4 of this Chapter.
1. thru 6. - No change.
Delete 7 and renumber subsequent items.
7. M I -U -M -S- Aa E S b AR —FA I -L -TOES , sub j ct to the- a -d a. io-Ra I requirements -et S -e k -nn
23-4-103-0-
Amend Sec. 23-3-320. -1-2 (Medium Industrial) Zone District.
A. and B. — No change.
C Uses allowed subject to Site Plan Review. The following USES shall be allowed in the 1-2
Zone District following approval and recording of a Site Plan in accordance with Article II,
Division 3, of this Chapter. Any USE conducted outside of an ENCLOSED BUILDING shall
be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone
District other 1-3.
1. thru 15. — No change.
Add 16 and renumber subsequent items.
16. MEDIUM SCALE SOLAR FACILITIES, subject to the additional requirements of Section
23-4-1030.
3029. SMALL SCALE COMMUNITY SOLAR FACILITY.
D and E. — No change.
F Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be
constructed, occupied, operated and maintained in the 1-2 Zone District upon approval of a
permit in accordance with the requirements of Article II, Division 4 of this Chapter.
1. thru 5. — No change.
Add 6 and renumber subsequent items.
6. LARGE SCALE SOLAR FACILT T ES pursuant t0 the procedures found in Chapter 21 of
this Code.
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67. MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES in accordance
with Division 5 of Article II of this Chapter.
78. MEAT PROCESSING.
Delete 8. 8. M-E-D4-i1M S AL S OL F m ; si t �� d d i oiia r q- F a ire n
of Section 23-4-1030.
Remainder of Section — No change.
Amend Sec. 23-3-330. - 1-3 (Heavy Industrial) Zone District.
A. and B. — No change.
C Uses allowed subject to Site Plan Review. The following USES shall be allowed in the 1-3
Zone District following approval and recording of a Site Plan in accordance with Article II,
Division 3, of this Chapter.
1. thru 19. — No change.
Add 20 and renumber subsequent items.
20. MEDIUM SCE,®E SOLAR FACILITIES, subject to the additional requirements of Section
23-4-1030.
34. SMALL SCALE COMMUNITY SOLAR FACILITY, subject to the additional
requirements of Section 23-4-1030.
D. thru E. — No change.
F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be
constructed, occupied, operated and maintained in the 1-3 Zone District upon approval of a
permit in accordance with the requirements of Article II, Division 4 of this Chapter.
1. thru 5. — No change.
Add 6 and renumber subsequent items.
6. LARGE SCALE SOLAR FACILITIES pursuant to the procedures found in Chapter 21 of
this Code.
67. MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES in accordance
with Division 5 of Article II of this Chapter.
Delete 7.
Inn
of -Section 23-44030.
munn
�a a
o the additional requirements
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.
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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 2020-20 was, on motion duly made and
seconded, adopted by the following vote on the 30th day of December, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Mike Freeman, Chair
Weld County Clerk to the Board
Steve Moreno, Pro-Tem
BY:
Deputy Clerk to the Board
Scott K. James
APPROVED AS TO FORM:
Barbara Kirkmeyer
County Attorney
Kevin D. Ross
Date of signature:
Publication:
First Reading:
Publication:
Second Reading:
Publication:
Final Reading:
Publication:
Effective:
November 21, 2020
December 2, 2020
December 4, 2020, in the Greeley Tribune
December 16, 2020
December 18, 2020, in the Greeley Tribune
December 30, 2020
January 6, 2021, in the Greeley Tribune
January 11, 2021
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