HomeMy WebLinkAbout20200455.tiffWELD COUNTY
CODE ORDINANCE 2019-18
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23
ZONING AND CHAPTER 26 REGIONAL URBANIZATION AREAS, 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are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as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.
CRITICAL FACILITY: A STRUCTURE or related infrastructure, but not the land upon which it
is situated, that, if flooded, may result in significant hazards to public health and safety or interrupt
essential services and operations for the COUNTY at any time before, during or after a FLOOD.
CRITICAL FACILITIES are classified under the following categories: (a) Essential Services; (b)
Hazardous Materials; (c) At -Risk Populations; and (d) Vital to Restoring Normal Services.
a. Essential Services CRITICAL FACILITIES.
1) Essential Service CRITICAL FACILITIES include, but are not limited to:
a) through d) — No change.
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e) PUBLIC utility plant facilities for generation and distribution, such as hubs,
treatment plants, SUBSTATIONS and pumping stations for water, power and gas,
but not including the towers, poles, power lines, buried pipelines, transmission
lines, distribution lines and service lines; and
f) — No change.
2) Specific exemptions to Essential Service CRITICAL FACILITIES include SEWAGE
TREATMENT PLANTS, nonpotable water treatment plants, hydroelectric power -
generating plants and related appurtenances.
Remainder of Section — No change.
ARTICLE IV — Supplementary District Regulations and Zoning Permits
Division 4 — Open Mining
Amend Sec. 23-4-290. Operations policies.
The policies outlined below represent a minimum model for operations standards for the
proposed USE. Stricter standards may be imposed by the Board of County Commissioners during
the review process to ensure the protection of the health, safety and welfare of the inhabitants of
the County.
A. — No change.
B. All sand and gravel operations shall be conducted during the hours of daylight except in the
case of public or private emergency, or to make necessary repairs to equipment. This
restriction shall not apply to operation of administrative and executive OFFICES or repair
facilities located on the property. Upon request, the Board of County Commissioners may
authorize additional hours of operation for sand and gravel operations when the Board deems
appropriate.
Remainder of Section — No change.
Amend Sec. 23-4-1100. Cargo containers used for storage, an office, a dwelling or any
habitable use.
A CARGO CONTAINER shall require the issuance of a building permit and compliance with
all applicable provisions of this Code, including Article V of this Chapter. The following conditions
shall apply:
A. and B. — No change.
C. CARGO CONTAINERS shall not be stacked on top of each other unless incorporated into a
STRUCTURE.
Remainder of Section — No change.
ARTICLE V — Overlay Districts
Division 5 — Historic Townsites Overlay District
Amend Sec. 23-5-430. Requirements.
A. Building permits. The COUNTY will not issue a building permit for any STRUCTURE located
within a HISTORIC TOWNSITE that enters the SETBACK or OFFSET established for the
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underlying zone district, or extends over LOT lines. A building permit application within a
HISTORIC TOWNSITE shall require submission of a plot plan. No building permit shall be
final, nor shall any certificate of occupancy be provided until an Improvements Location
Certificate (ILC) is submitted. COUNTY staff shall verify that all STRUCTURES were
constructed in substantial compliance with the plot plan. To obtain a building permit for a
DWELLING UNIT in a HISTORIC TOWNSITE, the applicant must show the following:
1. thru 4. — No change.
5. The LOT is at least two and one-half (21A) acres in size with an individual well and septic
system, or at least one (1) acre in size with a public water supply and septic system. A
building permit for a LOT within a HISTORIC TOWNSITE which is smaller than two and
one-half (21,6) acres in size on an individual well and septic system or smaller than one (1)
acre in size on a public water supply may be approved by the COUNTY upon a review
and determination by the WCDPHE that the LOT is capable of adequately accommodating
the individual well. For the review by the WCDPHE, the applicant must provide:
a. through c. — No change.
d. As requested by the WCDPHE, a master site plan of the HISTORIC TOWNSITE
showing locations of wells and septic systems or a site plan showing locations of wells
and septic systems on adjacent properties within the HISTORIC TOWNSITE; and
e. No change.
Remainder of Section — No change.
CHAPTER 26
REGIONAL URBANIZATION AREAS
ARTICLE I — Regional Urbanization Areas ("RUAs")
Amend Sec. 26-1-50. PUD Districts in RUAs.
A. — No change.
B. Exemptions from the PUD District Provisions.
1. The following uses are exempt from utilizing the PUD process within the RUAs and will
require a Use by Special Review (USR) application:
a. and b. — No change.
c. [REPEALED.]
d. thru f. — No change.
g. Domestic water pipelines.
2. The following land use applications are exempt from utilizing the PUD process in the A
(Agricultural) Zone District within the RUAs:
a. [REPEALED.]
b. and c. — No change.
d. Zoning permits for manufactured homes.
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e. and f. — No change.
g. [REPEALED.]
h. Flood hazard development permits.
i. thru n. — No change.
o. 1041 WOGLA.
p. — No change.
q. Zoning permits for uses allowed in accordance with Division 17, Article IV, Chapter 23.
r. Uses by right and accessory uses.
Amend Sec. 26-4-50. Dry Creek RUA generalized planned land use categories.
A. thru C. — No change.
D. Suburban Neighborhoods. The goal of Suburban Neighborhood residential districts within the
Dry Creek RUA is that they be cohesive, identifiable and diverse while still being integrated
into the regional context of the surrounding area.
1. Policies:
a) thru d) — No change.
e) Allowable Land Uses: Generally Residential Uses occurring in the Suburban
Neighborhoods should meet the requirements set in Section 23-3-130, and Section
23-3-140.
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.
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The above and foregoing Ordinance Number 2019-18 was, on motion duly made and
seconded, adopted by the following vote on the 3rd day of February, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddilt Je140;ii
Weld County Clerk to the Board
BY:
i/L.
•
Deputy Clerk to the Boar
APP' • PAS TO
ounty A t•rney
Date of signature: o2A2/20
Mike Freeman, Chair
Steve Moreno, Pro-Tem
VACANT
arbara Kirkmeyer
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Publication:
First Reading: December 23, 2019
Publication: January 1, 2020, in the Greeley Tribune
Second Reading: January 13, 2020
Publication: January 22, 2020, in the Greeley Tribune
Final Reading: February 3, 2020
Publication: February 12, 2020, in the Greeley Tribune
Effective:
November 22, 2019
February 17, 2020
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