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Home My WebLink About20192478.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, 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of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows.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. 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. Delete OIL AND GAS LOCATION. Amend ARTICLE II - Procedures and Permits Division 10 - Weld Oil and Gas Location Assessment (WOGLA) (Repealed.)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 PAGE 1 2019-2478 ORD2019-11 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 V, Chapter 21 of this Code. 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 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 V, Chapter 21 of this Code. 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 PAGE 2 2019-2478 ORD2019-11 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 V, Chapter 21 of this Code. 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. 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 V, Chapter 21 of this Code. 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 PAGE 3 2019-2478 ORD2019-11 issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application 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 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 V, Chapter 21 of this Code. Remainder of Section — No change. Division 4 — Industrial 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 V, Chapter 21 of this Code. Remainder of Section — No change. PAGE 4 2019-2478 ORD2019-11 Division 5 — E (Estate) Zone District Amend 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 V, Chapter 21 of this Code. Remainder of Section — No change. 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.] Amend Sec. 23-3-550. Uses allowed by 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 V, Chapter 21 of this Code. 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 Permittees. 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. PAGE 5 2019-2478 ORD2019-11 Remainder of Section — No change. Amend Sec. 23-8-50. Approval; effective date; 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. 23-8-100. 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 hereof no longer effective. 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. PAGE 6 2019-2478 ORD2019-11 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 7 2019-2478 ORD2019-11 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 8 2019-2478 ORD2019-11 Hello