HomeMy WebLinkAbout20192140.tiffIN THE
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ELD COUNTY
CODE ORDINANCE 2 19-11
TTER OF REE:.LING AND REENACTING, WITH
OF THE WELD C
ST
E
•
AINED BY THE
UNTY E
0 RD ? F COUNTY CO
TE OF C V. ,RA a ,O:
E
D
ENTS, CH PTE
23
{
I SI R ERS F THE C U
NTY
ES, the Board of County Commissioners of the County of Weld, State of Colorado,
pursuant to Colorado statute and the Weld County Home ule 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
HERE S, 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are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as
folIws.
RT ICLE I — Gen
d Seca 234
rag Pr visions
0 I$efiniti®r;sm
CHAPTER 23
ZONING
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:
LANDOWNER: A iy owner of a legal or equitable interest in real PROPER: Y, and includes
the heirs, successors and assi ns of such ownershi interests. L ANDO` N Ras referred to
herein also includes 1041 WOGLA Permittees.
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.
P, OPE TY: .AU rea PROPER�b Y subject to land USE regulation by a LOCAL
GONFRNMENT, includine reation of exploration and extraction oil and c as mineral resources
contained in Article V of Chapter 2of this Code.
PAGE 1
2019.
ORD2019-11
Delete OIL AND GAS LOCATION.
SITE SPECIFIC DEVELOPMENT PLAN: A Use bpecial Review (including OPEN MINING
and MAJOR 7ACILITIES 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, or by the Planning Commission in the case of
MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCY. 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.
Amend ARTICLE II - Procedures and Permits
Division 10 - Weld Oil and Gas Location Assessment (WOGLA) (Repealed.)
ARTICLE III - Zone Districts
Division 1 - A (Agricultural) Zone District
Amend Sec. 23-3-2035. Uses allowed by permit outside of su devSions 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.
No BUILDING, STRUCTURE or land si-a-I-!-be USED —and no BUILDING or STRUCTURE s,h-att
Brea#er be e --&e -ed, stru u -a4yrued or mantained-4;— he A (Agitu#ucat) Zone
District except for one (1) -or m re- -t f g- USES. Land in he cult done District
m-- nts contai-
bN•
A. thru HS. - No change.
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
''e 4'm -e- t of Ra kg Services or the -8 -'93rd rt .
-� o�sioners in accordance
with the application and hearinQprocedures set forth in Article V, Chapter 21 of this Code.
Remainder of Section - No change.
Division 2 - Residential Zone Districts
mend Sec. 23-3-110. R-1 (Lo -Density Residential) Zone District.
A. thru D. — No change.
PAGE 2
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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
the R-1 Zone District must be USED in compliance with the bulk requirements contained in
requirements contained in Articles IV and V of this Chapter.
E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or
operation in the R-1 Zone District without prior approval of a land use permit from the
Department of Planning Services.
1. thru-82. — No change.
nr1-3. 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
in accordance with the application and hearing procedures set forth in Article V,
Chapter 21 of this Code.
Remainder of Section — No change.
Division 3 — Commercial Zone Districts
Amend Sec. 23-3-210. C -I (Neighborhood Commercial) Zone District.
A. thru D. — 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
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.
E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or
operation in the C-1 Zone District without prior approval of a land use permit from the
Department of Planning Services.
1. thru 142. — No change.
153. 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 3 rcuicay
Commissioners in accordance with the application and hearing procedures set forth in
Article V, Chapter 21 of this Code.
Remainder of Section — No change.
Amend Sec. 23-3-220. C-2 (General Commercial) Zone District.
PAGE 3
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A. thru D. — No change.
a Uses Allowed
maintained in the C 2 Zone -District ex
must be ENCLOSED a -n -c-
in-Sec:'on 23-3-250, oe ow. \ o ou.ssde storage will b
wi h -En the C-2 Zone --District shall
Articles IV and V of this C-hapter.
' I
SES, which
tandards contained
E Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or
operation in the C-2 Zone District without prior approval of a land use permit from the
Department of Planning Services.
1. thru2. — No change.
183.
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 -PI -awing Service — r the Beard-e-f-Counly-Cornmissionecs
in accordance with the application and hearing procedures set forth in Article V,
Chapter 21 of this Code.
Remainder of Section — No change.
Amend Sec. 23-3-230. C-3 (Business Commercial) Zone District.
A. thru D. — No change.
B. Uses —Mowed by Right. No BUILDINGS, STRUCTURES or land shall be USED -d --no
BUILDING or STRUCTURE shall hereafter be—e-rected, structurally altered, enlarged or
maintained in the C-3 Zone Di -strict except for one (1) Of more of the following USES which
must be conducted in corn pl-i-a e wit1 i-n-Section 2-3--3-250,
be w. USE 1 I I II I I 11 m gents
contained in Articles IV and V of this Chapter.
E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or
operation in the C-3 Zone District without prior approval of a land use permit from the
Department of Planning Services.
1. thru 172. — No change.
1-83.
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
in accordance with the application and hearing procedures set forth in Article V,
Chapter 21 of this Code.
Remainder of Section — No change.
Amend Sec. 23-3-240. C-4 (Highway Commercial) Zone Distract.
A. thru D. — No change.
PAGE 4
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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 -'l Zone District except for one (1) or more of the following USES which
-nce with performance standards contained in Subsection F.,
contained in Articles IV and V of this Chapter.
E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or
operation in the C-4 Zone District without prior approval of a land use permit from the
Department of Planning Services.
1. thru 10. — No change.
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 Plan
in accordance with the application and hearing procedures set forth in Article V,
Chapter 21 of this Code.
Remainder of Section — No change.
Division 4 — Industrial Zone Districts
Amend Sec. 23-3-310. I-1 (Light Industrial) Zone District.
A. thru D. — No change.
B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be used in the I-1 Zone
7
7 7
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.
E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or
operation in the I-1 Zone District without prior approval of a land use permit from the
Department of Planning Services.
1. thru 112. — No change.
123. 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
in
accordance with the application and hearing procedures set forth in Article V, Chapter
21 of this Code.
Remainder of Section — No change.
PAGE 5
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Division 5 — E (Estate) Zone District
Amend Sec. 23-3-4a-025. Uses allowed by -r g-htpermit.
No BUILDING
D d no BUILDING or ST -R -I
hereafter be erected, structurally altered, enlarged or maintained in the E Zone District except for
of the fallowing US -ES. Land in the E Zone District m6 USED in compliance
Section 23-3--443, below. Us •thin -the E Zone District
are subject to the addition -al requirements contained in Articles -I -V and V of this Ch-a-pLor--
No USE listed in this Section shall commence construction or operation in the E Zone District
without prior approval of a land use permit from the Department of Planning Services.
A. thru4C. — No change.
0
0.
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
Plan-r4ng Services or the Board of County Commissioners in accordance with the
application and hearing procedures set forth in Article V, Chapter 21 of this Code.
Remainder of Section — No change.
-an- -
�r v 5-6
u n v
9 `mod:14. _ J a47elop a' `w -
bme rd° -&c 234 -Ma -Uses allowed by right.
A.
Ott AND GAS FACILITIES.
ll-s-trict (Ak-current dev-op c v; a-
Ei
c an -2-2-1 - 0-C 1
(Agricultural) Zone
with the
ARTICLE VIII — Vested Property Rights
in e
do Q-A
by �ed by the
ssioners in accordance
Chapter 21 of this -Code.
d-a-s-s-i g ns of such owne rs h i rte-r-e-s4E
h erein also includes 1041 WOGLA Permittees.
GC -VP re3 4ati
contained in Article -V of Ch-a-pter 21 -of this Code, -
SITE SPECIFIC DEVELOPMENT PLAN: A Use by S
-Y _a.neL e u des
r ffewr d to
application which
by the -Board
WOG.
p -1 -a -t, resubdivision--o-r�m r subdivision
d --receives approval or conditional approval
ommiss-iITE-SI II IC DEVEI Opl I II P-L-A-1--i-n-sk es 10/11 -
issued pu, suamt to the provisions of Article V of Chapter 21 of this Code. Final
PAGE 6
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ORD2019-11
o -r oandt approved by t e- =et -o- o u•n-ty Corn -m1 s1on •-rte rs a -d-r- -spur—a—nit—to
2 , C . R :- . No- the pe�_ � - . -n d_U-S E ap- l# -ea- on shall -be G �. S- - red -- P
.,. '"a`i e � ➢ � - r a a d �' � � € �✓ � � € a adn"'a� a.; s as
cocci
EVE 4 OPMENT P4
Re mnain el r --o f- - `C i ` Y 1 —14 c4- - -n- e-.
end Sec. 23-4:-51I A -proval; effective te5; amendments.
A. A SITE SPECIFIC DEVELOPMENT PLAN shall be deemed approved upon the effective date
of 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. A SITE -SPECIFIC DEVELOPMENT PLAN may be approved 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-
100. Establishment of VESTED PROPERTY RIGHT.
The provisions in this Article are intended to implement the provisions of Article 68 of Title 24,
C.R.S. Pursuant to Section 24-68-103(1)(c) C.R.S., the 1041 WOGLA Permit 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
here f no longer effective.
BE IT FURTHER OD a TINED 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 O' DAINED 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 7
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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 8
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Publication: June 5, 2019
June 7, 2019
First Reading: June 10, 2019
Publication: June 19, 2019, in the Greeley Tribune
Second Reading: July 1, 2019
Publication: July 10, 2019, in the Greeley Tribune
Final Reading: July 22, 2019
Publication: July 31, 2019, in the Greeley Tribune
Effective: August 5, 2019
PAGE 9
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ORD2019-11
Cheryl Hoffman
/7/4%;
From:
Sent:
To:
Cc:
Subject:
Attachments:
Bruce Barker 4-0e&itgroe„,,—/—/--r
Friday, July 19, 2019 11:03 AM
CTB
Jason Maxey; Tom Parko Jr.; Barbara Kirkmeyer; Jim Flesher
Changes for 3rd Reading
Ord19-10.3rd with Bruce's changes.docx; Ord19-11.3rd with Bruce's changes.docx
See the attached for Monday. Changes to 2019-10 minor.
2019-11 looks worse than it is. Changes due to rearranging Code in 2019-02.
Thanks.
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
1150 "O" Street
Greeley, CO 80632
(970) 356-4000, Ext. 4390
Fax: (970) 352-0242
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 attorney privileged and 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.
020/ 9 -Oa/ 1/o
1
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Gene Stille, 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:
PRESENTED BY:
REQUEST:
ORDINANCE 2019-11
TOM PARK()
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 23 ZONING (1041 OIL AND GAS RESOURCE AREA), OF THE WELD
COUNTY CODE
be recommended favorably to the Board of County Commissioners.
Motion seconded by Elijah Hatch.
VOTE:
For Passage
Bruce Sparrow
Michael Wailes
Gene Stille
Lonnie Ford
Richard Beck
Elijah Hatch
Skip Holland
Against Passage Absent
Bruce Johnson
Tom Cope
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 Commissioner's 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 June 18, 2019.
Dated the 18th of June, 2019
-61-iev&lLe ' waft_
Kristine Ranslem
Secretary
04,01
CHAPTER 23 — Zoning.
ARTICLE I - General Provisions.
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. The fa -Sin -fa. O-1= ;L D --GAS-- ° �. h a l -km c 6-te final t ao-- -a , on E
n area as s o n -- tQ lane -G-as-Commis&&on rn 27,A,
OIL AND G f _ l '`/ !' 9 T� Af h a - .; '� n •a b.j�"5 4`��_!-"'1`�" i '�`�l s ca 2" ) �! er �' �V--3-� r1 - ilr-m :Lt -ash I s t �. ��-e
'�Y J a • �,�' a r�� a a �>! , as w��Z'�J_'�''�� � �i `�"1 �Clllv��:�� �i � a 3 a �.� 7 Y � �. 4..� va � �.��d t�i'�`�:-�..a k�� � vI
or intends to c u -r e nd s �� , c fi ��, cos r to 'le -Gate --an— •i. A N �, �� r-
i si e i; i �.+ ti '�(' �s r h a cr h u L rr�' h
purposes of--opb-i-w
10of-t!
—Weld Oi ° a n d -G - r e i-e Ass s - 4- °-G- 4), pu-uan -t, ---Di ios
ARTICLE Ii - Procedures and Permits.
...
■
ARTICLE III - Zone Districts
Division 1 - A (Agricultural) Zone District.
Sec. 23-3-20. - Uses allowed by right.
(Repealed.)
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.
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 -14V,
of this r a.r,r
Chapter 21
Code
ratIA-s-ieryn-i
Division 2 - Residential Zone Districts.
Sec. 23-3-110. a R-1 (Low-Den&ty Reskientll a0) Zone District.
B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED, anc! no
BUILDING or S RUCTURE 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. Lane
in 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.
9. OIL AND GA FA `s %ILITIES.
a.
1041
WOGLA Permit Required. No IL AND GAS FACILITY shA be developed in
the R-1 (Low -Density Residential) Zone District until a 1041 Wr GLA Permit has
been issued by the Department of Planning Services or the Board of Cunty
Commissioners in accordance with the application procedures set forth in Article UV,
of this C-A--baRteF Code.
Vision 10,
Chapter 21
Division 3 - Commercial Zone Districts.
Sec. 23-3-210. - C-1 (Nei
hb rhood Commercial) Zone District.
B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED and no
BUILDING ;r STRUC _ F JRE shah hereafter be erected, structurally .Altered, eilarged or
maintained in thC-1 Zone District excel" for *ne (1) or more of the following USES, hich
must be conducted in ENCLOSED BUILDINGS and in compliance with the perform ince
standards contained in Section 23-3-250, below. No outside storage will be allowed in the C-
1 Zone District. USES within the -1 Zone District shall also be subject to additional
requirements contained in Articles IV and V of this Chapter.
15. OIL AND GAS FACILITIES.
a. 1041 W•GLA Permit Required. No OIL AN D 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 C.urity
Commissioners in accordance with the application procedures set forth in Article V,
Division 10, Chapter 21 of this C h2 ,o,s.e Code.
Sec. 23-3-220. - C-2 (General Commercial) Zone District.
Uses Allowed by ';fight. No BUILDING, STRUCTi RE 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
ENCL•SED :find 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 Distric:. USES
within the C-2 Zone Distric: sha also be subject to additional requirements contained in
Articles IV ar�o V of this Chapter.
18. OIL AND GAS FACILITIES.
a
1041
OGLA 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
3
issued by the Department of Planning Services or the Board f County
Commissioners in accordance with the application procedures set forth in Article 4V,
'1 -i -s- s— Chapter 21 of this Gha e,: Code.
Sec. 23-3-230. - C-3 (Business Commercial) Zone District.
Uses Allowed by Right. No BUILDINGS, STS' UCTURES 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.
18. OIL AND GAS FACILITIES.
a. 1041 WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in
the C-3 (zusiness 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 4V,
-Do\:4si: n 1-Q, Chapter 21 of this Chap ar Code.
Sec. 23-3-240. - C-4 (Highway Commercial) Zone District.
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.
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 IN, Division -Q - Chapter 21 of this �� of
Code.
Sec. 23-3-310. - I-1 (Industrial) Zone °Strict.
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.
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 1 V, D i- 4o- Chapter 21 of this Chap -t Code.
4
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.
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 KV, Division _ 1-4, Chapter 21 of this Chapter Code.
Division 6 - PUD (Planned Unit Development) District [All current development proposals
are subject to Chapter 27 of this Code. See transition provisions of Section 23-1-80 C.]
Sec. 233-550. - Uses allowed by right.
A. OIL ND GAS FACILITIES.
1.' 041 WOGLA Permit Required. No IL AND GS 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 �soccordance
with the application procedures set forth in Article 14V, Division 10, Chapter 21 of this
ot ode.
ARTICLE VIII - Vested Property Rights.
Sec. 23-8-10. m Purpose.
[ _ he pure sf this Article is to provide the procedures necessary to implement the provisions
of Article 68 •f Title 24, C.R. .
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 Permittees.
PPERTY: All rea0 PROPERTY subject to land USE regulation by a LOCAL
G VERNMENT, 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 Aril _ -NCY), PLANNED UNIT
5
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.
Sec. 23-8-50. - Approval; effective date; amendments.
A. A SITE SPECIFIC DEVELOPMENT PLAN shall be deemed approved upon the effective date
of t-Soard-o _ 0 6Commissioners' final or conditional approval action
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.
as detailed in this
B. The Board tf ommSioo-r-s A SITE SPECIFIC DEVELOPMENT PLAN may
approved a SPIE PLAN 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.
be
Sec. 23®4-100. — Ca n• n Establishment of VESTED PROPERTY RIGHT.
Net :pre The provisions in this Article 4- are intended te cP8ate a, I 4=-, o'Q-P i
RI -G -HT, but an -I -y 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.
6
CHAPTh,R 23 - Zoning.
MICLI-i; I - General Provisions.
Sec. 23-1-900
c
din itions
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 OTHE1!. TI IAN NATURAL GAS, and all other
pipelines and flowlines used or installed at the OIL AND GAS FACILITY. The
tch th
nForm 2A.
s to disturb the land surface in
ARTICLE III - Zone I,fi.stricts
Division 1 - A (Agricultural) Zone District.
Sec. 23-3-20. - Uses allowed by right.
No BUILDING, STRUCTURE or land shall be USED and no LIMING 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 USFS. 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.
1 2019-2140
Il, 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 ITV, Division 10, Chapter 21 of this
Chapter Code.
Division 2 - Residential Zone Districts.
Sec0 23-3-110. - 1 (LowDensity Residential) Zone District.
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 the R-1 Zone District
must be USED in compliance with the bulk requirements csntained 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.
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,
division 10, Chapter 21 of this Chapter Code.
Division 3 - Commercial Zone Districts.
Sec. 23-3-210. - C-1 (Neighborhood Commercial) Zone District.
B. Uses Allowed by Right. o BUIL G, STRUCTURE or land shall be
USE and no UILDIl\ G 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
2
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.
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 1-1V,
Division 10, Chapter 21 of this Chapter Code.
Sec. 23-3-220. - C-2 (General Commercial) Zone District.
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 I-I;\CLOSI-4,D 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.
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 ITV, Division 10,
Chapter 21 of this Chapter Code.
Sec. 23-3-230. - C-3 (Business Commercial) Zone District.
B. Uses Allowed by Right. No BUILDINGS, STRUCTURES or land shall be
USHD and no BUILDING or STRUCTURE shall hereafter be erected,
structurally altered, enlarged or maintained in the C-3 Zone district except
3
for one (1) or more of the following US _ RS 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 Chapters
18. OIL AND GAS FACILITIES.
a. 1041 WOGLA Permit Required. No OIL AND GAS FACILITY shall
be developed in the C-3 (tusiness Commercial) Zone District until a
1041 WOGLA Permit has been issued by the epartment of Planning
Services or the Board of County Commissioners in accordance with
the application procedures set forth in Article IIV, .
Chapter 21 of this Chapter Code.
Sec. 23-3-240. - C-4 (highway Commercial) Zone District.
Uses Allowed by Right. No UILDINGS, 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 k'e, below.
USES within the C-4 Zone isirict shall also be subject to additional
requirements contained in Articles IV and V of this Chapter.
11. OIL AND GAS FACILITIES.
a. 1041 WOGLA Permit Required, No OIL AND GAS FACILITY shall
be developed in the CA (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 TIV, Division 10,
Chapter 21 of this Cade.
Sec. 23-3-3100 - I-1 (Industrial) Zone District,
Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be
used in the I-1 Zone District, and no UILDING r 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
4
compliance with the performance standards contained in Sections 23-3-340,
23-3-350 and 23-3-360 of this Division.
12. OIL AND GAS FACILITIFS.
a. 1041 WOGLA Permit ''squired. No AIL 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 1 -IV, Division 10,
Chapter 21 of this Chapter Code.
Division 5 - H (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.
J. OIL AND GAS FACILITIES.
1. 1041 GLA 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 TIV,1)ivision 10, Chapter 21 of this Chapter Code,
5
Division 6 - PLTD (Planned Unit Development) District [All current development
proposals are subject to Chapter 27 of this Code. See transition provisions of
Section 23-1-80 C.]
Sec. 23-3-550. - Uses allowed by right.
A. OIL AND GAS FACILITIES.
1. 1041 WOGLA Permit Required. No IL AND GAS FACILITY shall be
developed in the A (Agricultural) Zone District until a 1041 WOGLA
Permit has been issued by the Depar:ment of Planning Services or the
Board of County Commissioners in accordance with the application
procedures set forth in Article 11V, Division 10, Chapter 21 of this
Chapter Code.
ARTICLE II - Procedures and Permits.
(Repealed.)
ARTICLE VIII - Vested Property Rights.
Sec. 23-8-10. - Purpose.
The purpose of this Article is to provide the procedures necessary to implement
the provisions of Article 68 of Title 24, C.R.Q.
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.
LAND
ER as referred to herein also includes 1041 WOGLA Permittees.
PR PF,R7'Y: 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.
6
SITE -SPECIFIC DE VELOPMI:NT PLAN: A Use by Special Review (including
OPEN MINING and MAJ FACILITIES OF , PUBLIC UTILITY OR
PUBLIC AGENCY), PIE _ 1 : . l I D UN _ T DEVELOPMENT Final P� ,
SUBDIVISION final p t, resubdivisi 4n or minor su3division application which
has been submitted to the C.unty and receives proval or conditional approval by
the Joard of County Commissioners. SITE -SPECIFIC DEVELOPMENT PLAN
includes 1041 \OGU ,A Permits issued pursuant to the provisions of Article V of
Chapter 21 of this Code. Final or conditional approval by the a ord of County
Commissioners creates vested rights pursuant to Article 68 of Title 24, C.R.S. No
other type of land USE application shallbe considered a SITE -SPECIFIC
DEVELOPMENT PLAN.
Sec. 23-8-50® - Apprva ; effective date; amendments.
A SITE -SPECIFIC Di _ :VEL(aP1VIF;ItT PLAN shall be deemed approved
upon the effective date of the final or
conditional approval action as detailed in this Code. In the event
amendments to a SITE -SPECIFIC DEVELOPMENT n ,AN are proposed
and approved, the effective date f such amendments, for purposes of
duration Ca VESTED PROPERTY RIGHT, shall be the date of the
approval of the original SITE -SPECIFIC DEVELOPMENT PLN, unless
the Board f County Commissioners soecifica;?y finds to the contrary and
incorporates such finding in its approval of the amendment.
LAN
A SITE -SPECIFIC DEVELOPMENT
may be approved a STh SPECIFIC 4T PLAN •n
such terms aid conditions as may reasonably oe necessary to protect e
public health, safety and welfare. The conditional approval shall result in a
V _ ESTE A PROPERTY RIGHT, although failure to abide by such terms and
conditins will result in a forfeiture f VESTE j PROPERTY RIGHTS.
Sec. 23-8-100. — Limitatiens
othing
the provisions
Establishment of VESTED P OPERTY RIG
in this Article is are intended to create
0
��HT, but * 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
LAND WINTER the right to undertake and complete the development and use of
said property under the terms and conditions of the Sin -SPECIFIC
DEVELOPMENT plan including any amendments thereto. In the event of the
7
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.
8
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