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Home My WebLink About20173932.tiffWELD COUNTY CODE ORDINANCE 2017-08 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 21 AREAS AND ACTIVITIES OF STATE INTEREST, CHAPTER 23 ZONING, CHAPTER 24 SUBDIVISIONS AND CHAPTER 29 BUILDING REGULATIONS, 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of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows.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 21 AREAS AND ACTIVITIES OF STATE INTEREST Amend Sec. 21-3-330. Application submittal requirements. A. through B.5.b.m. — No changes. B.5.c. For upgrades of existing transmission lines (115 kV or greater) , provide a sketch showing all existing transmission lines and pipelines within one (1) mile on either side of the proposed alignment. Remainder of section — No change. CHAPTER 23 ZONING 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: PAGE 1 2017-3932 ORD2017-08 CAMPING : A recreational activity involving the spending of up to seven (7) consecutive nights in a tent, primitive STRUCTURE, travel trailer or RECREATIONAL VEHICLE at a campsite. This activity is to provide temporary shelter and is not intended to be a residence. HOME OCCUPATION - CLASS II: A HOME OCCUPATION - CLASS II shall be conducted by the inhabitants of the DWELLING UNIT plus up to two (2) external employees and comply with all criteria called out in the HOME OCCUPATION definition above. Two (2) associated COMMERCIAL VEHICLES can be included under this application. There shall only be incidental sales of stocks, supplies or products conducted on the premises. Signage: may consist of a maximum of one (1) nonilluminated sign no more than nine (9) square feet in size which must be attached to the face of the DWELLING UNIT. Does not produce traffic volumes exceeding that produced by the DWELLING UNIT by more than sixteen (16) average daily trips, provided adequate off-street parking is provided. Please keep in mind that one (1) vehicle produces two (2) trips, one (1) when arriving and one (1) when leaving. Therefore, an average of only eight (8) cars can come to the property per day. Trips include those produced by the residents for any purpose related to conducting the business, the two (2) employees, clients, deliveries related to the business, etc. Ordinarily, a HOME OCCUPATION - CLASS II shall include uses similar to hair salon, MASSAGE PARLOR, welding shop, tax preparation with customers, etc., provided it meets the criteria set forth. MASSAGE PARLOR : An establishment that provides massage treatments. RECREATIONAL FACILITIES : The following classes of recreational facilities have the following meanings: a. PUBLIC RECREATIONAL FACILITIES : PUBLIC parks, zoos, swimming pools, golf courses and other such facilities owned or operated by or under the direction of a government agency or a nonprofit corporation. b. PRIVATE RECREATIONAL FACILITIES : Includes golf courses, tennis courts, swimming pools, country clubs and RECREATIONAL FACILITIES for fraternal organizations, all of which are owned and operated by either nonprofit organizations with a limited membership or by private persons who own the facilities and are the only users of them. c. COMMERCIAL RECREATIONAL FACILITIES : Includes bowling alleys, health spas, swimming pools, tennis courts, miniature golf facilities or lakes constructed specifically for the purpose of conducting a water skiing commercial enterprise, and operated on a commercial basis for USE by the paying public. WATER SKIING: An aquatic recreational activity that is typically associated with a body of water and a motorboat and personal water craft. Amend Sec. 23-2-230. Duties of Board of County Commissioners. A. through B.4. — No change. B.5. That the application complies with Article V and XI of this Chapter if the proposal is located within any Overlay District Areas or a Special Flood Hazard Area identified by maps officially adopted by the County. Remainder of Section — No change. PAGE 2 2017-3932 ORD2017-08 Amend Sec. 23-2-490. Duties of Board of County Commissioners. The Board of County Commissioners may approve an application for construction or expansion of a PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS and PIPELINE - DOMESTIC WATER only if all applicable requirements of this Division are met, and the applicant has shown that the application is consistent with Chapter 22 of the Weld County Code and the following standards: A. All reasonable efforts have been made to avoid irrigated cropland or to minimize the negative impacts on agricultural USES and lands. B. The PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS and PIPELINE - DOMESTIC WATER will not have an undue adverse effect on existing and future development of the surrounding area as set forth in applicable MASTER PLANS. C. The design of the proposed PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS and PIPELINE - DOMESTIC WATER mitigates negative impacts on the surrounding area to the greatest extent feasible. D. The site shall be maintained in such a manner so as to control soil erosion, dust and the growth of NOXIOUS WEEDS. E. The applicant has agreed to implement any reasonable measures deemed necessary by the Board of County Commissioners to ensure that the health, safety and welfare of the inhabitants of the COUNTY will be protected, and to mitigate or minimize any potential adverse impacts from the proposed PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS and PIPELINE - DOMESTIC WATER. F. All reasonable alternatives to the proposal have been adequately assessed, and the proposed action is consistent with the best interests of the people of the COUNTY and represents a balanced use of resources in the affected area. G. The nature and location or expansion of the PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS and PIPELINE - DOMESTIC WATER will not unreasonably interfere with any significant wildlife habitat and will not unreasonably affect any endangered wildlife species, unique natural resource, known historic landmark or archaeological site within the affected area. H. No adverse impact, from stormwater runoff, to the public rights -of -way and/or surrounding properties as a result of the PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS and PIPELINE - DOMESTIC WATER. PAGE 3 2017-3932 ORD2017-08 Delete Sec. 23-2-530. Standards. Repealed. Amend Sec. 23-3-30. Accessory uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the A (Agricultural) Zone District so long as they are clearly incidental and ACCESSORY to the USES allowed by right in the A (Agricultural) Zone District. Such BUILDINGS, STRUCTURES and USES must be designed, constructed and operated in conformance with the bulk requirements contained in Section 23-3-50 below. ACCESSORY USES within the A (Agricultural) Zone District shall also be subject to additional requirements contained in Articles IV and V of this Chapter. Note: The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed after August 25, 1981 on LOTS in an approved or recorded subdivision plat or LOTS part of a map or plan filed prior to adoption of any regulations controlling subdivisions of less than ten (10) acres shall not exceed four percent (4%) of the total LOT area, except in Regional Urbanization Areas, which shall adhere to RUA development standards. However, in no case shall such an ACCESSORY BUILDING exceed twice the GROSS FLOOR AREA of the primary residence on the LOT except by variance. Any accessory structure made nonconforming by application of this Section may be repaired, replaced or restored in total. A. through Q. — No change. R. Recreational activities, including: 1. Hunting. 2. Fishing. 3. CAMPING. 4. WATER SKIING. Amend Sec. 23-3-40. Uses by special review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the A (Agricultural) Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. A. through B.18. — No change. C. Recreational facilities and USES including: 1. COMMERCIAL Race tracks and race courses. 2. DRIVE-IN THEATERS, subject to the provisions of Section 23-4-410. 3. Golf courses. 4. Shooting ranges, subject to the provisions of Section 23-4-370. 5. Guest farms and hunting lodges. 6. Fairgrounds. 7. PUBLIC or COMMERCIAL CAMPING. PAGE 4 2017-3932 ORD2017-08 8. COMMERCIAL RECREATIONAL FACILITIES. Remainder of Section — No change. Amend Sec. 23-3-210. C-1 (Neighborhood Commercial) Zone District. A. through B.10. — No change. B.11. Massage parlor. Remainder of Section — No change. Division 14 - Cultivation, Manufacture, Distribution and Sale of Medical or Recreational Marijuana or Marijuana -Infused Products A. Refer to Chapter 12, Article VII, of the Weld County Code. Amend Sec. 23-11-310. Definitions. Unless specifically defined below or in Section 23-1-90 of this Code, words or phrases used in this ORDINANCE shall be interpreted to give them the meaning they have in common usage and to give this ORDINANCE its most reasonable application. The following specific words or phrases in uppercase letters shall have the meanings as stated in this Section. BASEMENT. Any floor level below the first story or main floor of a BUILDING, having its floor sub -grade (below ground level) on all sides. The lowest floor of a residential building, including basements, must be one (1) foot above the BASE FLOOD ELEVATION (BFE). CRAWLSPACE, BELOW GRADE: A BELOW GRADE CRAWLSPACE is a crawlspace that has an interior grade no more than two (2) feet lower than the exterior grade and is below the base flood elevation. All BELOW GRADE CRAWLSPACES must comply with Technical Bulletin 11. Remainder of Section — No change. Amend Sec. 23-11-340. Exemptions. The following open space and emergency USES are allowed to occur in a FLOODPLAIN or FLOODWAY without a FLOODPLAIN DEVELOPMENT PERMIT, provided that such USES are not prohibited by any other resolution or statute, do not require STRUCTURES, do not require alteration of the FLOODPLAIN such as FILL, excavation or permanent storage of materials or equipment and will not cause FLOOD losses on other land or to the public: A. Agricultural USES such as tilling, farming, irrigation, harvesting, grazing, etc.; B. Private and public recreational USES that do not include overnight vehicle parking or camping which is otherwise in violation of provisions of this Chapter; C. Irrigation and livestock water supply wells, provided they meet the standards for wells in a FLOODPLAIN; D. Emergency FLOOD damage prevention measures such as sandbagging. Amend Sec. 23-11-350. Permit procedures. A. through C.2. — No changes. PAGE 5 2017-3932 ORD2017-08 C.3. A map which accurately displays the following information: Remainder of Section — No change. Amend Sec. 23-11-360. General standards. In all SPECIAL FLOOD HAZARD AREAS, the following provisions are required for all DEVELOPMENT, NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS: A. Prior to the START OF CONSTRUCTION, a FLOODPLAIN DEVELOPMENT PERMIT shall be obtained. B. All FLOODPLAIN analysis done for the purpose of obtaining a FLOODPLAIN DEVELOPMENT PERMIT shall be performed utilizing the appropriate FEMA accepted methodology. C. through P. — No change. Q. A BELOW GRADE CRAWLSPACE is considered a crawlspace that has an interior grade lower than the base flood elevation. Construction of a BELOW GRADE CRAWLSPACE shall: 1. Have an interior grade elevation no lower than two (2) feet below the lowest adjacent exterior grade. 2. Have the height of the BELOW GRADE CRAWLSPACE measured from the interior grade of the crawlspace to the top of the foundation wall, not to exceed four (4) feet at any point. 3. Have an adequate drainage system that allows floodwaters to drain from the interior area of the BELOW GRADE CRAWLSPACE following a flood. 4. Meet the requirements of anchoring for MANUFACTURED HOMES, be constructed of materials resistant to flood damage, and meet the requirements of flood vented structures. 5. Comply with FEMA Technical Bulletin 11, as amended. R. All electrical must be elevated a minimum of one (1) foot above the base flood elevation unless the electrical meets the exception in ASCE 24. Amend Sec. 23-11-370. Specific standards for Approximate Floodplains (Zone A). In addition to the general standards in Section 23-11-360 above, the following provisions are required for all NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS that are located in SPECIAL FLOOD HAZARD AREAS designated as Zone A (Approximate Floodplain): A. Per 44 CFR 60.3(b) and CWCB FLOODPLAIN Rule 11, all NEW CONSTRUCTION or SUBSTANTIAL IMPROVEMENT of any residential STRUCTURE shall have the LOWEST FLOOR (including BASEMENT) ELEVATED a minimum of one (1) foot above the BASE FLOOD ELEVATION. Upon completion of the STRUCTURE, the elevation of the LOWEST FLOOR, including BASEMENT, shall be certified by a registered Colorado PAGE 6 2017-3932 ORD2017-08 land surveyor. The certificate shall utilize FEMA's Elevation Certificate and must include all information requested on the Elevation Certificate. Remainder of Section — No change. Amend Sec. 23-11-380. Specific standards for FLOODPLAINS with BASE FLOOD ELEVATIONS (Zones A1 -A30, AH, AO and AE). In addition to the general standards in Section 23-11-360 above and specific standards for Approximate Floodplains in Section 23-11-370 above, the following provisions are required for all NEW CONSTRUCTION AND SUBSTANTIAL IMPROVEMENTS that are located in SPECIAL FLOOD HAZARD AREAS designated as Zones A1 -A30, AH, AO and AE: A. through D. — No change. E. Per 44 CFR 60.3(c), Zone AO (shallow flooding) areas can be located within the SPECIAL FLOOD HAZARD AREA. These SPECIAL FLOOD HAZARD AREAS are associated with BASE FLOOD depths of one (1) to three (3) feet where a clearly defined CHANNEL does not exist and where the path of FLOODING is unpredictable and where velocity flow may be evident. Such FLOODING is characterized by ponding or sheet flow. The following provisions shall apply: 1. All NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS of residential STRUCTURES shall have the LOWEST FLOOR (including BASEMENT) ELEVATED above the HIGHEST ADJACENT GRADE at least one (1) foot above the depth number specified in feet on the FIRM. If no depth number is provided on the FIRM, the LOWEST FLOOR (including BASEMENT) shall be a minimum of three (3) feet above the HIGHEST ADJACENT GRADE. Upon completion of the STRUCTURE, the elevation of the LOWEST FLOOR, including the BASEMENT, shall be certified by a registered Colorado land surveyor. Such certification shall be submitted to the FLOODPLAIN ADMINISTRATOR. 2. With the exception of CRITICAL FACILITIES, all NEW CONSTRUCTION or SUBSTANTIAL IMPROVEMENT of any commercial, industrial or other nonresidential STRUCTURES shall either have the LOWEST FLOOR (including BASEMENT) ELEVATED to a minimum of one (1) foot above the BASE FLOOD ELEVATION (at least three [3] feet if no depth number is specified) or, together with attendant utility and sanitary facilities, be designed so that, at one (1) foot above the BASE FLOOD level, the structure is WATERTIGHT with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A registered professional engineer or architect licensed in the State shall develop and/or review structural design, specifications and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice. Remainder of Section — No change. PAGE 7 2017-3932 ORD2017-08 CHAPTER 24 SUBDIVISIONS Amend Sec. 24-8-30. Subdivision exemption. A. The subdivision exemption is intended for the following eight (8) purposes: 1. through 7. — No change. 8. For the non -permanent use of a parcel for a Solar Facility. CHAPTER 29 BUILDING REGULATIONS Amend Sec. 29-2-120. Area of special flood hazards standards. All new construction and substantial improvements within an area of special flood hazards shall meet the following standards: A. through G. — No change. H. All mobile and manufactured homes or those to be substantially improved shall be elevated on a permanent foundation such that the lowest floor (including habitable basement) of the structure is a minimum of one (1) foot above the base flood elevation and is securely anchored to an adequately anchored foundation system. I. All electrical must be elevated a minimum of one (1) foot above the base flood elevation unless the electrical meets the exception in ASCE 24. J. No final inspection shall be approved for any oil and gas production facilities located within an area of special flood hazard until the facilities are anchored to resist flotation, collapse or lateral movement. K. No final inspection shall be approved for any new construction, substantial improvements of any structure, mobile or manufactured home within an area of special flood hazard until the property owner submits an elevation certification or floodproofing certification completed by a Colorado registered professional engineer or architect. Certifications shall be on the most recent version of FEMA's forms. 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. PAGE 8 2017-3932 ORD2017-08 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 2017-08 was, on motion duly made and seconded, adopted by the following vote on the 11th day of December, A.D., 2017. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Julie A. Cozad, Chair Weld County Clerk to the Board Steve Moreno, Pro -Tern BY: Deputy Clerk to the Board Sean P. Conway APPROVED AS TO FORM: Mike Freeman County Attorney Date of signature: Publication: September 20, 2017 First Reading: Publication: Second Reading: Publication: Final Reading: Publication: Barbara Kirkmeyer October 18, 2017 October 25, 2017, in the Greeley Tribune November 20, 2017 November 29, 2017, in the Greeley Tribune December 11, 2017 December 20, 2017, in the Greeley Tribune Effective: December 25, 2017 PAGE 9 2017-3932 ORD2017-08 Hello