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Home My WebLink About20193248.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of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows.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: 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. 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. 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. Delete OIL AND GAS LOCATION. PAGE 1 4511406 Pages: 1 of 7 08/02/2019 01:10 PM R Fee:$0.00 Carly Koppee, Clerk and Rewarder, Weld County, CO i Mid 11111 2019-3248 cc°TB ( gr, I CH). ORD2019-11 eAsc88), Fi (Owl JO), ac-r(e)c-/C0), oc9CJm), PLCTP), Pw(TM/E.RicH/Oc) c>ss/o7/ I 1 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, 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. 23-3-35. Uses allowed by permit outside of subdivisions 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. A. thru S. — No change. T. 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 in accordance with the application and hearing 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. thru D. — No change. 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 2. — No change. 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. PAGE 2 4511406 Pages: 2 of 0 00 R Fee:$ ,IIII 08/02/2019 0Cler PM VIVO I�`W�� Carly ' PP' a� Clerk NINIt1IJ�`r1VIV lr"T�M �IIIl� �R1�� 2019-3248 ORD2019-11 Division 3 — Commercial Zone Districts Amend Sec. 23-3-210. C-1 (Neighborhood Commercial) Zone District. A. thru D. — No change. 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 2. — No change. 3. 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 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. A. thru D. — No change. 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. thru 2. — No change. 3. 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 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. 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 2. — No change. 3. 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. PAGE 3 4311406 Pages: 3 of 7 08/02/2019 01:10 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO kirdIMINaL1m f WAN 11111 2019-3248 ORD2019-11 Amend Sec. 23-3-240. C-4 (Highway Commercial) Zone District. A. thru D. — No change. 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. 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 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. 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 2. — No change. 3. 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 in accordance with the application and hearing procedures set forth in Article V, Chapter 21 of this Code. Remainder of Section — No change. Division 5 - E (Estate) Zone District Amend Sec. 23-3-425. Uses allowed by permit. 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. thru C. — No change. D. 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 in accordance with the application and hearing procedures set forth in Article V, Chapter 21 of this Code. Remainder of Section — No change. PAGE 4 4511406 Pages: 4 of 7 08/02/2019 01:10 PM R Fee:$0.00 Carly Koppas, Clerk and Recorder, Weld County, CO 11111 2019-3248 ORD2019-11 ARTICLE VIII - Vested Property Rights 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. 4511406 Pages : 5 of 7 08/02/2019 01:10 PM R Fee:$0.00 Carly Koppea, Clerk and Recorder, Weld County, CO OIII NI 4"iLRr'AC "III PAGE 5 2019-3248 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 WE COUNTY, C'LORADO ATTEST: Weld County Clerk to the BY: APP ounty Attorney Y�— Date of signature: 1frt/i 4°311406 Pages: 6 of 7 08/02/2019 01:10 PM R Fee:$0.00 Carly Kopp.., Clark and Raoordar, Wald County, CO 11111 arbara Kirkm- er, Chair K. James /._ / Steve Moreno PAGE 6 2019-3248 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 4511406 of 7 08/02/2019 01:10 PM R7Fee Fee:$0.00 , 00 Carly KOPP'S, Clark and Raoordar, d County, CO F4��1�i't� �i�lFILDMigi III PAGE 7 2019-3248 ORD2019-11 WELD COUNTY C t ., DE ORDI =,.:,ANCE 2019-11 ,t-itzet tt, aLaz,tasti 7a /7 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: LANDOWNER: Any owner of a legal or equitable interest in real PROPERTY, and incluoes the heirs, successors and assigns of such ownership interests. LANDOWNER as 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. 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. Delete OIL AND GAS LOCATION. PAGE 1 2019-3248 ORD2019-11 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, 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 ivision 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 rig-ltp►errri t outside of subdiisions and ihistoft townsites. No BUILDING, STRUC TULO acted, struo u I1 District exce-i is s u b j -e -c the A (Agric.uttuca-Zone Ds' n-CTURE sh- 7 ore of the following USES. Lnd-i he A (AgricUtural)-i ned4n-Section 23-3-50 below. USES within sJ b� ct _ to- -ditio , 1 requirem-ents con4ained--i-n- --o-C-h a LE. 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. 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 3y i:n Department of Plan° ,rg-- e-rvi-ces or the Board of County C- kssioners -in accordance with the application and hearing 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. thru D. — No change. B. Uses Mowed by Ri ,- -No BUIL or land �h�� be Q ED, and no BUILD -R G or STRUCTURE shall—hf&reafter be erected, st ctu-ally altered, entarged or m a i rata; n e -i•n--hoe R -1 Zone District except -for one -(1-) o r r -c - of following _ the R-1 Zone District m Al -h the bulk re titre s contained in PAGE 2 2019-3248 ORD2019-11 Section 23-3-160, below. USES within the R-1 Zone District are subject to the additional f 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. 03. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. 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-1 (Neighborh...d Commercial) Zone District. A. thru D. — No change. 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 NCLOSED BUILDINGS and in compliance with the performance 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. -3.OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. 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 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. A. thru D. — No change. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED and no V V ■ \— \� ■ ■ V V ■ V • • a V V • V • a -- �/ ■ ■ M ■ • • . ri . r �.. . ■� �� W . V d \ar V■, r. \ ■ M a.I %aA • M ■ ■ V■ ■ Y V ■ V M, V ■ / ■ �/■ ■ \M� V V■ V ■ maintained in the C-2 Zone District except for one (11) or more of the following USES, which PAGE 3 2019-3248 ORD2019-11 m-Ls-t-b-e-E-N-C-L-08;ED and n4u-o th n--sVii- -r-ce vith the perf a oe--sta nd-a-d--s -ca nta i- d n --S ect i o n 23-a450,-)bi-cva - c Est -4o.. USES within the Ca -2- e Dis t rc i-c-l-- l ,i aI-s e—s.,u _ °a. eot to 3a `8-9- ona-I- -eq u -r am n- ` con a-i- in 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. thru 172. — No change. -1-83.01 L AND GAS FAG I L ITI ES-pe rrm i tad-ardo Driv- ton- '-efaM ci -o Cka pt -ear. 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 P I an n -n j- vice-A--or-t h e -B o arc- - - --t-y-Cm-i-s _ s io e . in accordance with the application and hearing procedures set forth in Article V, Chapter 21 of this Code. Remainder of Section — No change. ;mend Sec. 23-3-23L C-3 (Business Commercial) Zone District. A. tnru D. — No change. c s--,aa-l-owed---b y P t. _ No —ra L R'L- ? T. U 6 4- land -s Pae- U S - d —so. 3 GA or STRUCTURE shall hereafter fie-- erected , s t m t- -a y —a tare 1n h —C -43--Z ne---D is i-ct excel pt for -one (1) e r --4- -e foil -awing USES -41h1 must b e--con-d _ u-oted-i-n-oGn 2 -ce w kt h -p o r a n GS— tndar ci s centai-n -d-i e -Se a -o -n- 3= Q below.L.,E S -1A4- t, e i- , tn - — -0 9 e ee . u u i rein en cent i said i- Aicl s -I -V -r-d V of this-Chr r E. Lses Allowed by Permit. No USE listed in his Subsection shall commence construction or operation in the C-3 Zone District without prior approval of a land use permit from the Department of Plannin : Services. 1. thru 1-72. - No change. 483.0 I L AND GAS FACILITIES- e - -i- te-d-- nd a F- - c>nf 1-0 of Prof _ • hs Chapter. 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 Panning—Sce Boar -d- f Canty- o -miss o : 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 District. A. thru D. - No change. a ,8� n � �� -• C T U R� r---l-a-n4—s- .�� b -. .�� e � _� ��-g Ism h . �,A � �,� �� _ T � � � • - � --� �� s an -d ai ST RM-®9 U- E s h aI -a-int ed 4n-- e- A Zon-DIstrIct -p- f r --o e- r -m are wh- shy -o u- -t-?fie-- ondt conform ance- -t-h per a ; se sta -a rd . -n^ air- - ulfli-an !. PAGE 4 2019-3248 ORD2019-11 Slaw. aU S -E S- 4 non _ the _ C- o a 1 st d ict shalt -also be -subject _ t o additio-n-a-l-requirements rev -n a -a a: Via' a 9 H f k t e sE. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the C-44 Zone District without prior approval of a land use permit from the Department of Planning Services. u E _ :---No - h-ang=e- -1. O I L AND GAS FACILITIES-perrmitted t nde r Division--1-0-of Art i l e II o --i c„In,a h ne. 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 _ l e -Q p pa ne-rit o--P-kannin a ice ter- h e Board of County in accordance with the application and hearing procedures set forth in Article V, Chapter 21 of this Code. Remainder of Section - No change. (vision 4 - Industrial Zone Districts -�ad Sec. 234-310.1-1 (Liqht_Industrl 4 0 Zone District. A. ti ru D. - No change. T C U -s -d, R _ the 1 -4 -Zone -District, and no . 14 _C G _ or S-= U l - s l i- er-ea-f ---- -re c-Atai , strucPy--a-1_t---red; e -n -o arg e--m-a-i- t . i e , e- c t _ for -one (4)-or---rn-oce--of-*e yo -oWi-U-S�- h e -US E S-rn List be c nu c4 ed4n c -o p 1-i-arc - it h -e- franc --an a rd s _ con4a-i ri d e-cf-i-o n -s-- 4407 234459-andr--360 of i s, -..Q v i s-i-an 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 1_ o-2. - No change. -i-2.3.OIL AND GAS FACILITIES-perm.itted u�d �-Q4v1E o --0- coo l-� his-Chi°s te-r. 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 iT?n ?.ten1 t u_r a Fez;_y rci ..' 1 _ 1' v--,. J .. i s yea I . a j�.,.__.. Pn ra in -g- r3v- ' L° `ms=s or ' ' e ---Boa r rd -of ' -u r$y C m-ncions--i n accordance with the application and hearinprocedures set forth in Article V, Chapter 21 of this Code. Remainder of Section - No change. Division 5 - E (Estate) Zone District Amend Sec. 23=3=41-025. Uses allowed by -qh per nit® No-SUL USE; D ,- --n a E s� l -h-e-r- a_1te r- e --e rec -eed , s p m -ct-u -11- --ante red,- n acg or m aI-ai-nn.ed4n— fie --E Lone-Di-sir-i,yt o -n- -- US-- &- c in the E Zo-r�. -D4s. ri '-'ur-st, _r 4 SE D in co -m pUan v\9 k ty 3 B _t c a,r L.i-a 'fir cavil J saswd. _ a _ 9 9 s 9 ot a re_s.L-bleot -to t'y e-a-d� ition 1-� e -u sm e s -c to e ne d-inn--Poi-c- s -1 nod -V -o- -i s Chapter. PAGE 5 2019-3248 ORD2019-11 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. thru — No change. JD. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. 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 and hearing procedures set forth in Article V, Chapter 21 of this Code. Remainder of Section — No change. ■ ■ ■ • • • ■ ■ 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 with the application . procedures set forth in Article V, Chapter 21 of this Code. ARTICLE VIII — Vested Property Rights 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- o\ herein also includes 1041 WOGLA Permittees. PROPERTY: All real PROPERTY subject to land USE regulation by a LOCAL contained in Article V of Chapter 21 of this Code. and MAJOR FACILITIES —OF A PUBLIC UTILITY OR PUBLIC AGENCY), PLANNED UNIT DEVELOPMENT Final Plan, SUBDIVISION final plat, resubdivision or minor subdivision 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 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 PAGE 6 2019-3248 ORD2019-11 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 7 2019-3248 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 -Tern 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 2019-3248 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 9 2019-3248 ORD2019-11 Hello