HomeMy WebLinkAbout20173600.tiffWELD COUNTY
CODE ORDINANCE 2017-08
[2.� 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and hereby are, repealed and re-enacted, with amendments, and the various Chapters are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. ii. - No changes.
B.5.c. For upgrades of existing transmission lines (115 kV or greater) or-gg--pipakne
e 4noh-- -i-a-J er ar gcsatec , 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:
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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.
Graft
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.
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Remainder of Section — No change.
Amend Sec. 23-2-490. Duties of Bboard of Ceounty Commissioners.
The Use by Special Review Permit duties of the Board of County Commissioners for a
PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS and PIPELINE - DOMESTIC WATER are limited according to the provisions of
Section 30-28-110, C.R.S., and the Home Rule Charter.
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.
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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.
Delete Sec. 23-2-530. Standards.
Repealed. The Board of County Commissioners may approve an a
or expansion of a PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS
OTHER THAN NATURAL GAS and PIPELINE - DOMESTIC WATER only if all applicable
7
All reasonable efforts have been made to avoid irrigated cropland or to minimize the
negative impacts on agricultural USES and lands.
B. The PIPELI-NE - 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 N Ti iQAL GAS and PIPELINE - PETROLEUM
PRODUCTS OTHER THAN NATURAL GAS and PIPELINE - DOMESTIC WATER
miti-g-ates negative impacts
growth of NOXIOUS WEEDS.
the inhabitants of the COUNTY wi
m the proposed PIPELINE - NATURAL GAS and PIPELINE
- PETROLEUM PRODUCTS OTHER THAN NATURAL GAS and PIPELINE
DOMESTIC WATER.
E
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.
a The nature sion of the PIPELINE - NATURAL GAS and PIPELINE
DOMESTIC WATER will not unreasonably interf
and will not unreasonably affect any endangered wildlife species, unique natural
resource, known historic landmark i within the affected area.
from storm -water runoff,
surrounding properties as a result of the P PELINE - NATURAL GAS and PIPELINE -
PETROLEUM PRODUCTS OTHER THAN NATURAL GAS and PIPELINE DOMESTIC
WATER.
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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. CAMPINGamping.
4. WATER SKIINGater 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 CAMPINGcommercial camping.
8. COMMERCIAL RECREATIONAL FACILITIES.
Remainder of Section — No change.
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Amend Sec. 23-3-210. C-1 (Neighborhood Commercial) Zone District.
A. through B.10. — No change.
B.11. Massage parlor_, - - - •- -- -- -- -..-- - .. . •
-- - - --- - - - - -
101, et seq., C.R.S.
Remainder of Section — No change.
Division 14 - Cultivation, Manufacture, Distribution and or Sale of Medical or Recreational
Marijuana or Marijuana -Infused Products
A. Refer to Chapter 12, Article VII, of the Weld County Code.
Sec. 23-4-1000. - Prohibition of cultivation, manufacture, distribution or sale of medical or
A. No STRUCTURE or tract of land in any zone district in the County may be used by a person
for the purpose of cultivation, manufacture, dtstrEbufion or sale of MEDICAL MARIJUANA or
ED PRODUCTS, except for patients cultivating for their
personal consumption, in compliance with the terms, conditions, limitations and restrictions
En Section 14 of Article XVIII of the Colorado Constitution, or except when such persons are
restrictions of Section 25-1.5-106, C.R.S.
B. No STRUCTURE or tract of land in any zone district in the County may be used by a person
for the purpose of cultivation, manufacture, distribution or sale of RECREATIONAL
MARLUANA or MAR ,UANA-IN =USED PRODUCTS.
Sec. 23-4-1010. - Prohibition of the operation of medical marijuana centers, optional premises
ufacturers' licenses in any
zone district.
No STRUCTURE or tract of land in any zone district in the County may be used for the
purpose of the operation of MEDICAL MARIJUANA CENTERS, OPTIONAL PREMISES
CULTIVATION OPERATIONS and MEDICAL
MANUFACTURERS' LICENSES.
Sec. 23-4-1020. - Definitions.
As used in this
phrases se
Constitution.
C.R.S., to operate a business as described in Section 12-43.3-402, C.R.S., that sells MEDICAL
MARIJUANA to registered patients or primary caregivers as defined in Section 14 of Article XVIII
of the Colorado Const • inary caregiver.
MARIJUANA -INFUSED PRODUCT: A product-i-nfused with- for
is otherwise not a MEDICAL MARIJUANA -INFUSED PRODUCT.
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MEDICAL MARIJUANA -INFUSED PRODUCT: A product infused with MEDICAL
MAR JUANA tha: is intencec "or use or consumption other than by smoking, including, but not
MEDICAL MARIJUANA -INFUSED PRODUCTS MANUFACTURER: A person licensed
pursuant to Title 12, Article 43.3, C.R.S., to operate a business as described in Section 12 43.3
404, G.R.S.
OPTIONAL PREMISES CULTIVATION OPERATION: A person licensed pursuant to Title
12, Article 43.3, C.R.S., to ed in Section 12-43.3-403, C.R.S.
the Colorado Constitution.
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
floord 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.
7
FLOOD, for the purpose of reconstruction and restor
FLOODPLAIN or FLOODWAY, do not require a FLOODPLAIN DEVELOPMENT
PERMIT.
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Amend Sec. 23-11-350. Permit procedures.
A. through C.2. — No changes.
C.3. A map
accurately displays the following information:
Remainder of Section — No change.
Amend Sec. 23-11-360. General standards.
nal engineer, which
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, and BEST AVAILABLE DATA.
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):
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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 or crawlspace) 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 or crawlspace, shall be
certified by a registered Colorado 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 Al -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 or
crawlspace) 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 or crawlspace)
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 or crawlspace, 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 or crawlspace) 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.
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Remainder of Section — No change.
CHAPTER 24
SUBDIVISIONS
Amend Sec. 24-8-30. Subdivision exemption.
A. The subdivision exemption is intended for the following six (6)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
habitablecrawlspace or 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.
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.
KJ. 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.
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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:
P ublication:
First Reading:
P ublication:
Second Reading:
P ublication:
Final Reading:
P ublication:
Effective:
September 20, 2017
Barbara Kirkmeyer
October 18, 2017
October 25, 2017, in the Greeley Tribune
N ovember 20, 2017
N ovember 29, 2017, in the Greeley Tribune
December 11, 2017
December 20, 2017, in the Greeley Tribune
December 25, 2017
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