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Home My WebLink About20192138.tiffWELD COUNTY CODE ORDINANCE 2019-11 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, THEREFRE, 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of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows.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. For the purposes of this Chapter, certain terms or words used herein shall be interpreted as defined in this Section. The following specific words and phrases, when appearing in this Chapter in uppercase letters, shall have the meanings stated in this Section: OIL AND GAS FACILITY: Equipment or improvements used or installed for the exploration, production, withdrawal, gathering, treatment, or processing of oil or natural gas; excluding PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS, and all other pipelines and flowlines used or installed at the OIL AND GAS FACILITY. L AND GAS F -Cl-L-Y-s-hthe final 1oca-tin-the i-r G e -rim- r c -I a rmati-on area as s h , n-on4 e S -t a t e of -Co l or-aa d o O4 an-d-G-a-s-C-�o-rnw-i-ss-i o n Form -24: Delete OIL AND GAS LOCATION. OIL AND -GAS -LOCATION: Shall mean the definable area(s) where an -e ator h--ass-disturbed or i•nfe-ds to disturb the land surface in o -ooa- N roc FACT TY fothe purposes -of obtaini 10 of the Code. PAGE 1 Asse`ssme-n-t (1/v G LA), pu rs-u--an-t--o-D-ivis-ion 2019-2138 ORD2019-11 Amend ARTICLE II - Procedures an Permits Division 10 - Weld Oil an ' Gas L cation Assessment (WGLA)jfepeSedJ Sari- 3-- ,-° �� - - '' - ` -' � fit 90 mdai - - a 10 - As {., e -.mss r en4 _ (WQGL1A sq-w - a h1=1eona 4-- �ns -on to ensurea-- - a 9 L N -a --F „A -kJ.] - i r y 9 d e s—w#h - r ya st-anci-a-r-d-s s t-focth-4n-S ti a 2; -2 �EE-Q2_Q-- f th-- a -pt n t- p o Gompat-4- -i-t--S- � � 1 O _ -- o he QI— AN--GA-S---LO a N .The4A/-QGLMs-desqne-dr - - ct aS _ J e ote— 4h --h-e a , h , sa4& ,--a-and- we a re-ofi- -- � -- � n j -f -ure 6 e � en tom-- the �M �Ij '1 -Ng �� f 'Cd Y. -" _Ais r �- ��+,a,`� -- r-� Fe -b- ' 1� ��S __ �j, , f o o �`rn 6t tea_ .�°t � r G�r�"�,� _ 1 G - 's a § L L YJ �� 3, �N y , d! s''�e* y p q,�7 G. b d S ��! d 1 -i U -Tor ti - ;strict-s-.--AV- G -/A ma -u- on an in Md al--- r -r - , - r ngl-"su4ae°- --imp- -- o it y . Nr � _ G P-C-&-�-� -AY- - - -W-1-- G -n- $, ,- -c- G- .-a- y z a r e- - t i ct u GLk r� a, s� n� -�-"a e �'--_' t( �. � +�,. 1- ao � � 9"� �m s � aa� a-� li Ff '� d' �'-� a b��.$-uu3 �r .� s -ran4S y' e as rt me S n s: - . - ave my -C . r s- -s rs . n s"u--a-b-4 -i-d permit r -a - U- ---A - -G A S issued -ay -the D Se -Moe-- r -t- - ar e- �D-O- L s -h- -H--be re- - e, --+ o r f re4h4h - n app -h -cation i t- 4 e o io o- 9- a` rn-m s& -i-e-r -r- of b.-n-b-d-�--"-�' --1 a yea--40-pe ra--n s ,�� swab ece- er-s-i--r- fracs , re co , as and-n-o-rmai-•ce - rs and -m-- - an— - of -an the-e-ifkaot of -e x p a n a n- --o n! 1n -g--- ---eo- 4 n- - - 1.. A -N - Q _ C o kS fif pecoan-t-(5-0-9-10*-- n e time e - Y.: ; o r -e n- - -r-- - m- o -n O,P N - AS FY after F e bcu- i- 17 5 than-fifty-percent(50-%-)• Re-paidls--- -r= -ai n e - ce ofLan - • AL AS liF&C r by_a a4a6e- -tl fede atl . n s e -n- r- -n- P E T f4 an appti cam. ,bcc- - - QSLA-- - - - --G-orn- _ p-ro G- �- - n r u l # - t _ „'-aar-s o n or an ORE RA y- R• a r -a --app- •gig oar an - rt I -of this --rice j bet --e-- --wh -3 m- -- a a -Qveir strict _ Ar -, -a- " Sped -al Fie , - 4aza r -J a a- i i f ied-, � - ficia 1 rd- to -by -C- - �'��a a� d �� ..w g _ � �-9 � a 'a � a .� � b � s v—' Y tl • P _ + i c a s- of-a-AAG Y `9 ha-----bems--op4e lvi�l as -set f o . t h 0 - -S c •i 'L�' Y -2-3 r m p•let a tic a _ ti o- -and p ka ,-o-n fees to -- s-ubm44tS=4h---ear --R 4 -l- :m - g Services. •�---.he--Q- - a- -at o P ma y - +Ice -A p p-i o c n4 t - u- r " e 4 - -e --s o- -ru. ` o -n --o f ---rem. wee---i m -p -r - ` e -n -t r-too•--m-i-t PAGE 2 2019-2138 ORD2019-11 /-\\S-F-A-„G- -p-f va�m e n onf* - ra y -O G ife J -G oCr& t S -a -r c -Octs-a-n- J ---C -a-ti °-��- h o-&atr]on. J. T -he- oev wv ex p -/h morn _ the 'a�� - n -a -Sr 19 of- - �J V�\/ , �L Count Any _ phfl- O1 an --r _ P R &pall -cubing -ad whet aloptiog tne-A rrtr ex f� P h' M r� ie a ant V EV P � �� t-fe h t e -a CI r FLans1ng_Direct .ry s sf Q a AJl1�lI g J U n3 -there may be an -app, tn---mew; = r conk -erne re the-a-p-ptioaPrjon n set —for this Se—en.=G following as tm c- - d _ bty—,t,e P U�-n- a 2. _ 1PG Jim 1, -e els _ a d- � kDt! o u- _eO1 v-6—Av� pit- e se--and-as 44-a a-turre-of-the-)8Lpiatioa-t- — C8 —Pc . - a -t d4qa't n o • P e I Ass'_, 4-LG IGGLA C our to- Cl f �( A .4. 5 � PV-'vc�-' TYt, are eriprIkni 4n -1 —, J -9Q —feet O can V h' n -G was u 4-1 ,1- ar-d of t _ -y� r lea il� if V� Fs/a, l 4Js the aa- Tn nned o + u'� � i-l u-V-ro-m-n P : u� -h ' e o' ftec the- su be t 4-ofe n -the ice Cpaa a- n-da te n -t —c ' a- - s ue - -h-g,- V O rn S& ICihre '- - clo-cq 9 E aV L �-7-th ` of ---the m1U p-11-icant- ON-under conateraatian- 4� 4h V ' �r'1_D D-____�=,�,f III. � U V -I= V m artl-the-thme notice -)4 �. o s I-�-- form- Lpie— n- O RAC - 4eQU -nC -- c'�-COn ICJ--� �- desociptior cV� 'ld�J-llt "- _ d Y �� 11 l�-T4Q r r o-the- g ;�ed- ou� ��G Ocie--(L1/4-Ga), 4-(-21-s deteem-lined-b- We u eld n4y 1�- J- �i - 1,the-g-11--ILAND The n m-rn The PAGE 3 e— e the t ce 1ika �1 1- - of am-est-or s rn q --2A AL-Sc. 2019-2138 ORD2019-11 The anticipated da-t e- tt. and rpd including -off -sit -e haul rout-e(s-) e (by cam' en da '-a-E te-r-a-nd year) . owing the names -and add-resses of the p -p rty owners 5. A drawing showing the OIL AND C -91 -AS FACIL , Y and list I I area. II dcawk g -halt be a scaled r a-1- photograph showing -the app-roximate outline of the 10 -00 -feet of the p - a-pp-r�b incade, but -not be traii wells, with -the Colorado OIL AND GAS LOCATION and all wells and/or production facilities used for measuring include all visible improvements within i e -n- al distance a n d I L D GAS =AC _ - =S. Visible improvements shall ings and properties, publi lines, railroads, pipelines or pi-� eline markers, mines, oil rom the O mited to, all A out N man -holes, standin odie-s of water, and natura and ditches through which v r- f v here-- -r 1, 00 es- eet of a propose- L -A � , S --LOCATION, it Location Drawing -shall also include t --h measures. e permanent canals no visible improvements within es) and proposed mitigation 6. A list -of the OIL AND Gdt S --FA . ILITY I TY components -,-- 7. A statement that the notice recipient -a--reque rneeting to discuss the proposed OIL GAS FACILITY by contacting ,e County or the Operator. After -notice is e4-vSS -d itiona-l-inarmation-or-prnof-o notice diati-aA requested by the County. Based on --s -e spesi--fic considerations, the COUNTY -m -ay -request that additional parties be ins a would be eligible to receive a A notice may, through letter delivered to the Planning erecter, waive future receipt of such notice(s). C. Certification in the application t including, but not limited to, executed by the operator and the surface owner(s) of the property LOCATION will be located, demonst (SUA) or other document, the Applicant, has been -rem no SUA or ther-4ocume-n -is-available at the time of applying for the WOGLA, :he Applicant- - -proceed with the WOGLA process -and shall provide a statement i4n the WOGLA a-pp-ication that it is currently in S �e, ^ r a eement negotiatio,s, D. Certification that the Ap la -cant has notiti-ed the -owns 1,000 fee --LOCATION (as determined by /eld County -,1,-Q er Designee (LGD), and LED's for right of access as codified PAGE 4 C sor's record 2019-2138 ORD2019-11 E. A statement which explains that the application complies with Article V and Article XI of this Area identified by maps officially adopted by the COUNTY. F. A statement which provides evidence of compliance with the following standards: 1. OIL AND GAS FACILITIES shall be located to minimize impact on agricultural operations. 2. Dust control measures shall be employed as necessary during high traffic periods for both consultation with the COUNTY's Department of Public Works. 3. Traffic reduction measures shall be employed by operators when feasible: such as, utilizing fresh water supply pipelines for s and the use of centralized storage facilities and/of trap ipeline. 4. Haul routes shall be designated and developed in consultation with the COUNTY. f the haul routes, should be included in such consultation. protects against surface and groundwater contamination. 6. The OIL AND GAS FACILITY shall comply with the Colorado Water Quality Control Commission regulations. Oil and Gas Conservation Commission Nois 8. Lig it sources shal be shieldec or directed cownward, and in a manner to recuce impacts onto adjacen 9. Visual mitigation measures shall be eensidered and employed when feasible. 11. The OIL AND GAS FACILITY shall be maintained in such a manner to prevent noxious weeds. G. An access permit issued by the COUNTY's Department of Public Works. H. A statement aid drawing dcscribing the size , to the OIL AND GAS FACILITY. , I. A statement describing the kind of vehicles (type, size, weight) that will access the OIL AND GAS FACILITY during drilling and completion operations, and a defined access route. This . shall include a tr ' ing information: 1 ---The number of roundtrips/day expected for each vehicle type: passenger cars/pickups, tandem trucks, s I I rip -1 trip in and 1 trip out of site). PAGE 5 2019-2138 ORD2019-11 a _ . Th-e4 ra h --distribution Ne n -g the-routes-(e.g.-5-044--of t �i-I-1-- - -f o m=the north : 2Q% fram=e h- - - 30% from -the --east, at . The -time -of -day when -the _ hid h -- f c -1 -m-esr r --e ect td . v tt-n -RE' " -� ar -g �o e io-n- -th` s-i-a . If in tiva- t � ° a `t cos;used-of an h I-1_ AN -GAS-L ' AT -1-0 1 u 1- St -t- m ant tae -ti-an d -di -s p-a1-methGd . A C t i ft of the name- ,--a-d4res -s-- a- n-- 4 he orr -n-- -1 c1/4 nib in F,. n dent -if 4-s t ion -41 -umbers -a- - - -n- 1--b y -t4- - - 1- - - - s 1 1- 1� � a'` , ' 4 =r �ti o- e�-LAND GAS OAZPON . The- e of s u e � l-i-st-s-hed-! b-e-th e- y e ds-of the ° - { e s ro r, o -r an awn- ti4 p- p4a te= o- , i-e, '-bE 4, rm ny, -or attorney d ri ed-f-o -slirs o r ; or fromq� -�e c o s ,f e- ' o -� -t-y rk •-R . c t. ' � , y -'dam! a c,� `� °� �"--.� ! +�.a '� � '-- a� ��'+� a�.i" �s a o e. t �a �ti-�-s�--6"�-----ta..s � d-'1 s�'. "�� '-9 �.9 of -The County a .ss sso r,li-Gant that -I i-st _ was _ as-semble-d-m-ith-i-n-thiFty ys- h -a- -, I- apt 4Jbm ss -on- -ate. Where--a-r J hood -t ga-ua s-i-g s__ a -ea - on-f8r h -e -0 -1 --GA -P.:AGILITY-on beh it-- e -Ac -nnt, e .v I C -e a-pcy3 �� of at -tome -it- -o,r-Sher--au- ho-r-a4ion for the s Ign atU re of_theu -n u b -p-ro i . 1f-ap i&a l -e, a , -fp- - s r mom-- ,ems - dd s � 1` .Thi-s--1-m-p-rovements D"`�e �i d' '-i' ° a I- t "�--n a `tea �.. ox4 5-1" �- --w 7- a �G "- Gou -� pea , :9 a ` � o• u . wee.- n t 4 - ' 'N u4e sue. —9'-' c Office _ o- -1r ergency-P toste-fne - - m - - oy--Act- n -Pi -an, I - ected- N. Su oh additional I -or= -a I -on -a s -m -a =- Sec. 23--2 e- u -s -read b theflan s Lid ttg., fro tie ; 1- apemen _ terp manning--- BMA v e -.s — Id OH -and s Location The-Dea sg ent- _ lag r -ice will rep . -VV-0,Q pHcat o n to—date—mg—¢Rif- r�occur-within-se-van (7) busk -n- o n . Ata - r-eti - . h -e- pl-i--giant-o-r-1- i-recta r-of-1nn1- g-8en c es, a: n ---a -tti n-meet4ng may -be g I� �' shall -arrange ti r-e--P4ann ng -i AL GL° - I -or sho'e .r t-hc -� - i t-ieravi - --_s tfGe-n-t— 4-d -tee-- win— -tha=te 4 -1 -es - r4 -s-- - .: arth-1- t e - ti s _ 23- - bov�� -� � - Ia �- � rd i nes- h -at . h� a lakati 04 � 9 l C a ....� o�.+ a �A '�Z`•-' � i dee s not -pro -v-1 fu sien' e- - -en- that the standards -set -forth in ect -ns- _ 3 2-1Q4Q a nd- -a veT- 41--- -r : e -1 o i -h I U-fo n rc _ t e-a-p-pl oat4G ine Board of 6 n ``a -4 ssion e' s - r its i eew-cam ---eo n e-; de i _ o'n i-n a--4o—rural ne aru7Prg b1 th -; '- -- -- -- ' - s --h a I I be re-sp o 4- o r A. 4o -the -4 11 -em - a-g-enca s- she n----k�--a- -lei-foe ,ie w a n-ei c - - Rt M- -„ i r -9 e -''-s a -I re po nd- w ft _ -n4yre h -(-ey after the - -ing-of the r�14-" a -on-b y t h ' COUN-T Y��-, e -f -a -r - f --any-- g, ne y to _ re—s——end—within a' e n t y= f - -`t \(--- days shall -be ee � d=i- -ae-av-ora b I e r s h eR a 8 - -g as-partnoten-t . I ev e and co fl alli e J e COUNTY O ire a se,r a e the-COUNTY—with 4 orma- -o Pr -about -the -pro ePQ GLA . - cm-- n s -s- . , •• -d- -, --a Ser-4 he -- a --o- G - y -C m r�- - a --�= rw --- 1. 1h -e -R1 -n -i n -G r-i- si on--ar-g ,Q_ . n g-bo ° a1 - °' w - --- - -n= y -d os e b u _ ndark&s PAGE 6 2019-2138 GRD2019-11 aro within 1,000 feet of the OIL AND GAS LOCATION. 21h -e- W& -d -Co u-n-ty Department of -Public Health- aid -fin v-i =onm-e-nt. 3. The Weld County Depa (ildlife. 6-. _ The Colorado Oil -and Gas Co- -e-n ti o -m-iss io n . 6. The appropriate fire district. 7. Any irrigation ditch coap 8. To any other agencies -or individuals to -whom the Department of P a -referral necessary. D. on the property and intersects a publicly posted the &gn shal - -way. In the event the OIL AND GAS FAQ d- -i-g-n t --of na 1 a second--sign-posted at-thive a publicly Wc-ent to a m a i- ained-ro-a d r= g h t et -way -. sign shah be posted _ a-� -lei-a -t t e n (10> i sioners. Evidence that the Applicant be -provided to the Department of P1 n ri 4O if i-t-h-in 1-y0W-feet-of e et -of be mailed first-cl-asp b4- e -- Prepare at-aff Weld County Code in effect at the tim practices, standard contained in Sect-io--1 -ns 23 �010 and -244 1020, above -.- aspects of t I e of filing of HD E. Prepare legal notice for the Board of Co f e a D 3 ys prior to the hearin rvices. IQN- --Such notification s-hal-i 'cation, its conformance with the e planning to be published in the shall be se; are located- w-i hin 1,000 feet of the -O . mailed first -crass. An appl-iGan ; shall demon -crate conformance with, and the WOx' L -A standards a p-pr-oved-and ad -o pe-d-by-t-he-County. Noncom lance with the approved -L -- sta-P d --a rd s-- ma -- e _ reason for-ress-s-ion of the WOGL-A-by-the Board of County C o rn-m-i s s i o n e-rs . r.•. -_y o kav9 s - 4 -ter 6 a nnTa; ion -el se, A. Major changes from the approved _ W LA shall requir I of an a by the artimernt of Plann-i-rerv-ices-is-r-e-s-ponsible for deter -r, °f c n -g -whether -a major -change exists, i-n whtsh case a new-WOGLA G LA a p p- eat -n -end Warming PAGE7 2019-2138 ORD2019-11 Services in the approved WOGLA file. B. Construction pursuant to approval of a WOGLA shall be commenced, and continual progress made within three (3) years from the date of approval, or the approval shall terminate. The Planning Director may grant an extension of time, for good cause shown, upon a written request. Sec. 23-2-1070. Rescission procedures. determines that one (1) or more of the WOGLA standards set forth in Sections 23-2-1010 and 23-2-1020, above, has not been met, the Planning Director shall notify the Operator of the thirty (30) days the failure to comply with the standards has not been cured, a hearing shall be scheduled before the Board of County Commissioners. B. The Board of County Commissioners shall hold a public hearing to determine if one (1) or not been met. Upon such a finding, the Board may rescind the WOGLA and seek any appropriate legal remedies to cease the USE of the OIL AND GAS FACILITY. ARTICLE III - Zone Districts Division 1 - A (Agricultural) Zone District Amend Sec. 23-3-20. Uses allowed by right. No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the A (Agricultural) Zone District except for one (1) or more of the following USES. Land in the A (Agricultural) Zone District is subject to the schedule of bulk requirements contained in Section 23-3-50 below. USES within the A (Agricultural) Zone District shall also be subject to additional requirements contained in Articles IV and V of this Chapter. A. thru H. — No change. I. OIL AND GAS FACILITIES. 1. 1041 WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the A (Agricultural) Zone District until a 1041 WOGLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article I4V, Division 10,Chapter 21 of this ChapterCode. Remainder of Section — No change. Division 2 — Residential Zone Districts Amend Sec. 23-3-110. R-1 (Low -Density Residential) Zone District. A. — No change. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the R-1 Zone District except for one (1) or more of the following USES. Land in PAGE 8 2019-2138 ORD2019-11 the R-1 Zone District must be USED in compliance with the bulk requirements contained in Section 23-3-160, below. USES within the R-1 Zone District are subject to the additional requirements contained in Articles IV and V of this Chapter. 1. thru 8. — No change. 9. OIL AND GAS FACILITIES. a. 1041 WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the R-1 (Low -Density Residential) Zone District until a 1041 WOGLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article ITV, Divizi-on 10,Chapter 21 of this ChapterCoce. Remainder of Section — No change. Division 3 — Commercial Zone Districts Amend Sec. 23-3-210. C-1 (Neighborhood Commercial) Zone District. A. — No change. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the C-1 Zone District except for one (1) or more of the following USES, which must be conducted in ENCLOSED BUILDINGS and in compliance with the performance standards contained in Section 23-3-250, below. No outside storage will be allowed in the C-1 Zone District. USES within the C-1 Zone District shall also be subject to additional requirements contained in Articles IV and V of this Chapter. 1. thru 14. — No change. 15. OIL AND GAS FACILITIES. a. 1041 WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the C-1 (Neighborhood Commercial) Zone District until a 1041 WOGLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article RV, Division 0,Chapter 21 of this QhapterCode. Remainder of Section — No change. Amend Sec. 23-3-220. C-2 (General Commercial) Zone District. A. — No change. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the C-2 Zone District except for one (1) or more of the following USES, which must be ENCLOSED and conducted in compliance with the performance standards contained in Section 23-3-250, below. No outside storage will be allowed in the C-2 Zone District. USES within the C-2 Zone District shall also be subject to additional requirements contained in Articles IV and V of this Chapter. 1. thru 17. — No change. PAGE 9 2019-2138 ORD2019-11 18. OIL AND GAS FACILITIES. a. 1041 WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the C- 2 (General Commercial) Zone District until a 1041 WOGLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article WV, Division 1 -Q -,-Chapter 21 of this Gha pte-r ode. Remainder of Section — No change. Amend Sec. 23-3-230. C-3 (Business Commercial) Zone District. A. — No change. B. Uses Allowed by Right. No BUILDINGS, STRUCTURES or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the C-3 Zone District except for one (1) or more of the following USES which must be conducted in compliance with performance standards contained in Section 23-3-250, below. USES within the C-3 Zone District shall also be subject to additional requirements contained in Articles IV and V of this Chapter. 1. thru 17. — No change. 18. OIL AND GAS FACILITIES. a. 1041 WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the C-3 (Business Commercial) Zone District until a 1041 WOGLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article I -1-V, O4 -vision 072,-11 er 21 of this ChapterCode. Remainder of Section — No change. Amend Sec. 23-3-24 C-4 (Highway Commercial) Zone District. A. — No change. B. Uses Allowed by Right. No BUILDINGS, STRUCTURES or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the C-4 Zone District except for one (1) or more of the following USES which must be conducted in conformance with performance standards contained in Subsection F., below. USES within the C-4 Zone District shall also be subject to additional requirements contained in Articles IV and V of this Chapter. 1. thru 10. — No change. 11. OIL AND GAS FACILITIES. a. 1041 WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the C-4 (Highway Commercial) Zone District until a 1041 WOGLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article 14V, Division 1 -05 -Chapter 21 of this Gh ,p; rode. Remainder of Section — No change. PAGE 10 2019-2138 ORD2019-11 Divisi n 4 — in ustrial Zone Districts Amend Sec. 23-3-310. I-1 (Industrial) Zone District. A. — No change. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be used in the I-1 Zone District, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained, except for one (1) or more of the following USES. The USES must be conducted in compliance with the performance standards contained in Sections 23-3-340, 23-3-350 and 23-3-360 of this Division. 1. thru 11. — No change. 12. OIL AND GAS FACILITIES. a. 1041 WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the I-1 (Industrial) Zone District until a 1041 WOGLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article 44V, Division 1 Chapter 21 of this Gh pt ep Code. Remainder of Section — No change. Division 5 — E (Estate) Zone District Sec. 23-3-410. Uses allowed by right. No BUILDING, STRUCTURE or land shall be USED, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the E Zone District except for one (1) or more of the following USES. Land in the E Zone District must be USED in compliance with the bulk requirements contained in Section 23-3-440, below. Uses within the E Zone District are subject to the additional requirements contained in Articles IV and V of this Chapter. A. thru I. — No change. J. OIL AND GAS FACILITIES. 1. 1041 WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the E (Estate) Zone District until a 1041 WOGLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article ILIV, Division 10,Chapter 21 of this Cha-fpterCode. Remainder of Section — No change. Division 6 — PUD (Planned Unit Develop! _ ent) District [All current development proposals are subject t Cha *ter 27 of this Code. See transition provisions of Section 23®1-80 C.] Amend Sec. 23-3-55Uses-yll,, to y right. A. OIL AND GAS FACILITIES. 1. 1041 WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the A (Agricultural) Zone District until a 1041 WOGLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article Division 10,Chapter 21 of this ChapterCode. PAGE 11 2019-2138 ORD2019-11 ARTICLE VIII - Vested Property Rights Amend Sec. 23-8-20. Definitions. As used in this Article, unless the context otherwise requires: LANDOWNER: Any owner of a legal or equitable interest in real PROPERTY, and includes the heirs, successors and assigns of such ownership interests. LANDOWNER as referred to herein also includes 1041 WOGLA jermittees. PROPERTY: All real PROPERTY subject to land USE regulation by a LOCAL GOVERNMENT, including regulation of exploration and extraction oil and gas mineral resources contained in Article V of Chapter 21 of this Code. SITE SPECIFIC DEVELOPMENT PLAN : A Use by Special Review (including OPEN MINING and MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCY), PLANNED UNIT DEVELOPMENT Final Plan, SUBDIVISION final plat, resubdivision or minor subdivision application which has been submitted to the County and receives approval or conditional approval by the Board of County Commissioners. SITE -SPECIFIC DEVELOPMENT PLAN includes 1041 WOGLA Permits issued pursuant to the provisions of Article V of Chapter 21 of this Code. Final or conditional approval by the Board of County Commissioners creates vested rights pursuant to Article 68 of Title 24, C.R.S. No other type of land USE application shall be considered a SITE SPECIFIC DEVELOPMENT PLAN. Remainder of Section — No change. Amend S`,,c. 23-8-50. Approval; effective date; amendments. A. A SITE SPECIFIC DEVELOPMENT PLAN shall be deemed approved upon the effective date of _ mmissioners final or conditional approval action as detailed in this Code. In the event amendments to a SITE SPECIFIC DEVELOPMENT PLAN are proposed and approved, the effective date of such amendments, for purposes of duration of a VESTED PROPERTY RIGHT, shall be the date of the approval of the original SITE SPECIFIC DEVELOPMENT PLAN, unless the Board of County Commissioners specifically finds to the contrary and incorporates such finding in its approval of the amendment. B. The Beard of County CommissionersA SITE -SPECIFIC DEVELOPMENT PLAN may be approved .ATE .7240 `-EV P! N upon such terms and conditions as may reasonably be necessary to protect the public health, safety and welfare. The conditional approval shall result in a VESTED PROPERTY RIGHT, although failure to abide by such terms and conditions will result in a forfeiture of VESTED PROPERTY RIGHTS. Amend Sec. 23-8-100.. 4mpr_ ,n-sEstablishment of VESTED PROPERTY RIGHT. NothingThe provisions in this Article -pare intended e e--an-y VESTED PROPERTY Rl °HT, St -only -to implement the provisions of Article 68 of Title 24, C.R.S. Pursuant to Section 24-68-103(1)(c), shall confer upon the LANDOWNER the right to undertake and complete the development and use of said property under the terms and conditions of the SITE -SPECIFIC DEVELOPMENT plan including any amendments thereto. In the event of the repeal of said article or a judicial determination that said article is invalid or unconstitutional, this Article shall be deemed to be repealed and the provisions hereof no longer effective. PAGE 12 2019-2138 ORD2019-11 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 2019-11 was, on motion duly made and seconded, adopted by the following vote on the 22nd day of July, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Barbara Kirkmeyer, Chair Weld County Clerk to the Board Mike Freeman, Pro-Tem BY: Deputy Clerk to the Board Sean P. Conway APPROVED AS TO FORM: Scott K. James County Attorney Steve Moreno Date of signature: PAGE 13 2019-2138 ORD2019-11 P ublication: First Reading: P ublication: Second Reading: Publication: Final Reading: P ublication: Effective: June 5, 2019 June 7, 2019 June 10, 2019 June 19, 2019, in the Greeley Tribune July 1,2019 July 10, 2019, in the Greeley Tribune July 22, 2019 July 31, 2019, in the Greeley Tribune August 5, 2019 PAGE 14 2019-2138 ORD2019-11 Hello