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CODE ORDINANCE 2015 -26 i
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IN THE MATTER OF REPEALING AND REENACTING , WITH AMENDMENTS , CHAPTER 23
ZONING , OF THE WELD COUNTY CODE e,,efsee /O / 7- /.
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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and hereby are , repealed and re-enacted , with amendments , and the various Chapters are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
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 :
DEVELOPMENT: The placement , construction , erection , reconstruction , movement and/or
alteration of BUILDINGS and/or other STRUCTURES , the placement of paved areas , drainage
improvements or alterations on the historic flow of drainage patterns or amounts , and the
placement of lighting and/or other appurtenances related to any and all USES , excluding OIL AND
GAS FACILITIES .
OIL AND GAS PRODUCTION FACILI TY?ES: Equipment or improvements used or installed
for the exploration , production , withdrawal , gathering , treatment , or processing of oil or natural
gas ; excluding PIPELINE — NATURAL GAS and PIPELINE — PETROLEUM PRODUCTS OTHER
THAN NATURAL GAS , and all other pipelines and flowlines used or installed at the OIL AND
GAS FACILITY . The footprint of the OIL AND GAS FACILITY shall match the final location on
the interim reclamation area as shown on the State of Colorado Oil and Gas Commission Form
2A. Consist of the oil- of gas wells , pumps , heater treaters, separators , meters , compressors ,
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TANK BATTERY and other ,
must be connected and functional .
OIL AND GAS LOCATION: Shall mean the definable area (s) where an operator has
disturbed or intends to disturb the land surface in order to locate an OIL AND GAS FACILITY for
the purposes of obtaining a Weld Oil and Gas Location Assessment (WOGLA) Permit pursuant
to Division 10 of the Code .
Table 23- 1E
Land Use Process for Siting Oil and Gas Production Facilities
Zone R- 1 R-2 R-3 R-4 R-5 C- 1 C-2 C-3 C-4 I - 1 1-2 1-3 E PUD A
USB USB USSR USER USER USER USER USSR SPRUBR SPRUBR USER
Application USBR* USBR-* R* R UBR* UBR-
USR - Use by Special Review
SPR - Site Plan Review
* UBR - Use by Right with a Weld Oil and Gas Location Assessment (WOGLA) Permit
* - PUD - u- Cellout by Zane Di-strict Req-u-ire nts , unless specifically addressed in PUD
application as a UBR .-
OIL AND GAS SUPPORT AND SERVICE: Location and operation bases for businesses
whose primary activity includes the following kinds of USES :
a . through g . — No changes .
h . Midstream activities including the processing , storing , transporting and marketing of oil ,
natural gas and natural gas liquids .
PETROLEUM REFINERY: An industrial process plant where crude oil is processed and
refined into more useful products; such as , petroleum naphtha , gasoline , diesel fuel , asphalt base ,
heating oil , kerosene and liquefied petroleum gas .
Add Division 10 - Weld Oil and Gas Location Assessment (WOGLA) Permit.
N
Sec . 23-2-1010 . Intent and applicability.
A . A Weld Oil and Gas Location Assessment (WOGLA) Permit requires additional consideration
to ensure the OIL AND GAS FACILITY is developed in a manner that complies with various
standards set forth in Section 23-2- 1020 of this Chapter that provide compatibility with USES
located within 1 , 000 feet of the OIL AND GAS LOCATION . The WOGLA Permit is designed
to protect and promote the health , safety , and welfare of the present and future residents of
the COUNTY .
B . A WOGLA Permit is required after January 1 , 2017 , for the construction of OIL AND GAS
LOCATIONS in all zone districts . A WOGLA Permit may include multiple OIL AND GAS
LOCATIONS on an individual permit , if it is located on a single surface owner' s property .
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C . No OIL AND GAS FACILITY shall be constructed in any zone district until a WOGLA Permit
has been granted by the Department of Planning Services or the Board of County
Commissioners .
D . The Department of Planning Services shall not issue a building permit for any OIL AND GAS
FACILITY in any zone district until a WOGLA Permit has been issued by the Department of
Planning Services or the Board of County Commissioners .
E . No WOGLA Permit shall be required for:
1 . Normal repairs and maintenance of an existing OIL AND GAS FACILITY , so long as
such repairs and maintenance do not have the effect of expanding or enlarging the
original OIL AND GAS FACILITY by more than fifty percent ( 50% ) .
2 . One time expansion or enlargement of an OIL AND GAS FACILITY after January 1 ,
2017 , that increases the OIL AND GAS FACILITY by less than fifty percent ( 50% ) .
3 . Any workovers or recompletes on any OIL AND GAS LOCATIONS existing on or before
January 1 , 2017 .
F . Any person filing an application for a WOGLA Permit shall comply with the County
procedures and regulations as set forth herein .
G . Any person filing an application for a WOGLA Permit shall comply with Article V and Article
XI of this Chapter if the proposal is located within any Overlay District Area or a Special Flood
Hazard Area identified by maps officially adopted by the COUNTY .
H . Applications for a WOGLA Permit shall be completed as set forth in Section 23-2- 1020 ,
below. The completed application and application fees shall be submitted to the Department
of Planning Services . No WOGLA Permit is required for an OIL AND GAS FACILITY for
which an application on a Form 2A has been filed and deemed complete by the State of
Colorado Oil and Gas Conservation Commission on or before January 1 , 2017 .
I . The Department of Planning Services may require an applicant to submit an Improvements
Agreement for the construction of required improvements to mitigate impacts caused by the
OIL AND GAS FACILITY . The Improvements Agreement shall be made in conformance with
the County policy for improvements and agreements and must be approved by the Board of
County Commissioners prior to operation .
J . The review, consideration and issuance of a WOGLA Permit is an administrative process
and is exempt from the definition of DEVELOPMENT set forth in the agreements contained
in Chapter 19 of the Weld County Code .
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Sec . 23 -2-1020. Application requirements for WOGLA permit.
Any person who intends to apply for a WOGLA Permit shall arrange for a pre-application
conference with the Department of Planning Services , which may be accomplished through a
face-to-face meeting , electronic mail exchange , or conference call , as determined by the
Department of Planning Services . The purpose of the conference is to give the applicant an
opportunity to demonstrate , through written and graphic information , how the OIL AND GAS
FACILITY complies with the standards set forth in this Section . The following supporting
documents shall be submitted as a part of the application :
A . An application for a WOGLA Permit on a form supplied by the Department of Planning
Services . The application shall include the following :
1 . The name , address , and telephone number of the applicant .
2 . Legal description of the OIL AND GAS FACILITY under consideration .
3 . Total acreage of the OIL AND GAS LOCATION .
4 . Existing land USE of the property where the OIL AND GAS FACILITY will be located .
5 . Present zone and overlay zones , if appropriate .
6 . Signature of the applicant .
B . Certification that notice of the application for the WOGLA Permit has been delivered to
owner(s) of properties located within 1 , 000 feet of the OIL AND GAS LOCATION , and to the
Planning Commission or governing body of any town , city , county and/or town , city and
county whose boundaries are within 1 , 000 feet of the OIL AND GAS LOCATION . Such
notice shall comply with the following :
The applicant shall deliver a WOGLA notice to the following parties : owners of properties
located within 1 , 000 feet of the OIL AND GAS LOCATION (as determined by Weld County
Assessors record at the time of notice) , the Weld County Local Government Designee ( LGD ) ,
and LGD ' s for municipalities located within 1 , 000 feet of the OIL AND GAS FACILITY . The
WOGLA notice shall inform the recipients they must respond to either the operator or the
County within 28 days of receiving the notice . Delivery of the WOGLA notice shall occur not
more than six (6) months prior to submitting an Oil and Gas Location Assessment or Form
2A to the Colorado Oil & Gas Conservation Commission . The WOGLA notice shall include
the following information :
1 . The location and a general description of the proposed Well or Oil and Gas Facilities .
2 . The anticipated date operations will commence (by calendar quarter and year) .
3 . A " notification zone" drawing showing the names and addresses of the property owners
and municipalities located within 1 , 000 feet of the OIL AND GAS FACILITY' S
• components .
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4 . A proposed access map , including off-site haul route (s) .
5 . A drawing showing the OIL AND GAS FACILITY and disturbed areas . The drawing shall
be a scaled drawing , or scaled aerial photograph showing the approximate outline of the
OIL AND GAS FACILITY and all wells and/or production facilities used for measuring
distances shall be attached . The drawing shall include all visible improvements within
1 , 000 feet of the proposed OIL AND GAS LOCATION , with a horizontal distance and
• approximate bearing from the OIL AND GAS FACILITIES . Visible improvements shall
include , but not be limited to , all buildings and properties , publicly maintained roads and
trails , fences , above-ground utility lines , railroads , pipelines or pipeline markers , mines ,
oil wells , gas wells , injection wells , water wells known to the operator and those
registered with the Colorado State Engineer, known springs , plugged wells , known
4 sewers with manholes , standing bodies of water, and natural channels , including
permanent canals and ditches through which water may flow. If there are no visible
improvements within 1 , 000 feet of a proposed OIL AND GAS LOCATION , it shall be so
noted on the map . The Location Drawing shall also include the approved access (es) and
the location , amount , size and type of any proposed LANDSCAPE material , including
fencing , walls , berms or other SCREENING .
6 . A list of facility components .
7 . Notice that the property owner and/or municipality may request a meeting to discuss the
proposed OIL AND GAS FACILITY by contacting the County or the Operator.
8 . Operator and COUNTY contact information .
After notice is received , additional information or proof of notice may be requested by
the County . Based on site specific considerations , the COUNTY may request that
additional parties be included in the notification .
4
An owner of property within 1 , 000 feet of a proposed OIL AND GAS LOCATION who
would be eligible to receive a WOGLA notice may , through letter delivered to the
Planning Director, waive future receipt of such notice (s) .
C . If available at the time of noticing the WOGLA , evidence of a Surface Use Agreement ( SUA)
or other document, including , but not limited to , a Memorandum of SUA or an affidavit by the
applicant , executed by the operator and the surface owner(s ) of the property where the OIL
AND GAS LOCATION will be located , demonstrating that the operator and surface owner
have agreed to an OIL AND GAS LOCATION . If no SUA or other document is available at
the time of noticing the WOGLA , the applicant shall proceed with the WOGLA process and
shall provide a statement in the WOGLA notice that it is currently in SUA , or other agreement
negotiations , and that it will bond onto the OIL AND GAS LOCATION through the Colorado
Oil and Gas Conservation Commission , or otherwise utilize its legal right of access . If
bonding on , or otherwise utilizing its legal right of access is required , the applicant shall
provide a statement to the Planning Director summarizing the applicant ' s attempts to obtain
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an SUA from the surface owner(s) of the property where the OIL AND GAS LOCATION will
be located .
D . Certification that the applicant has contacted and/or met with the owner( s) of properties
located within 1 , 000 feet of the OIL AND GAS LOCATION (as determined by Weld County
Assessor' s record at the time of notice) , the Weld County Local Government Designee
( LGD) , and LCD ' s for municipalities located within 1 , 000 feet of the OIL AND GAS
LOCATION .
E . A statement which explains that the application complies with Article V and Article Xl of this
Chapter, if the proposal is located within any Overlay District Area or a Special Flood Hazard
Area identified by maps officially adopted by the COUNTY .
F . A statement which provides evidence of compliance with the following standards :
1 . OIL AND GAS FACILITIES shall be located to minimize impact on agricultural
operations .
2 . Dust control measures shall be employed as necessary during high traffic periods for
both on-site and off-site haul roads , including unpaved COUNTY roads when necessary
and in consultation with the COUNTY' s Department of Public Works .
3 . Traffic reduction measures shall be employed by operators when feasible : such as ,
utilizing fresh water supply pipelines for completions and the use of centralized storage
facilities and/or transmission of crude oil via pipeline .
4 . Haul routes shall be designated and developed in consultation with the COUNTY .
5 . Liquid and solid wastes shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination .
6 . The OIL AND GAS FACILITY shall comply with the Colorado Water Quality Control
•
Commission regulations .
7 . Noise from drilling , completion activities , and production shall comply with the Colorado
Oil and Gas Conservation Commission Noise Control Regulation A-Scale Limits .
•
8 . Light sources shall be shielded or directed downward , and in a manner to reduce
y impacts onto adjacent properties and dwellings .
•
• 9 . Visual mitigation measures shall be considered and employed when feasible .
10 . Site security measures shall be employed as necessary .
11 . The OIL AND GAS FACILITY shall be maintained in such a manner to prevent noxious
weeds .
G . An access permit issued by the COUNTY ' s Department of Public Works .
•
y
•
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•
H . If applicable , a statement describing the size and approximate location of all oil and gas ,
and/or water pipelines , connecting to the OIL AND GAS FACILITY .
I . A statement describing the kind of vehicles (type , size , weight) that will access the OIL AND
GAS FACILITY during drilling and completion operations , and a defined access route . This
shall include a traffic narrative with the following information :
1 . The number of roundtrips/day expected for each vehicle type : Passenger Cars/Pickups ,
Tandem Trucks , Semi -Truck/Trailer/RV (Roundtrip= 1 trip in and 1 trip out of site) .
2 . The expected travel routes or haul routes for the site traffic.
3 . The travel distribution along the routes (e . g . 50% of traffic will come from the north , 20 %
from the south , 30% from the east , etc . ) .
1 4 . The time of day when the highest traffic volumes are expected . A statement describing
who will provide fire protection to the site . If the drilling waste ( cuttings and fluids ) will
be disposed of on the OIL AND GAS FACILITY , including a statement describing the
location and disposal method .
J . A certified list of the names , addresses and the corresponding Parcel Identification Numbers
assigned by the County Assessor of the owners of property (the surface estate) within 1 , 000
feet of the OIL AND GAS LOCATION . The source of such list shall be the records of the
County Assessor, or an ownership update from a title , abstract company , or attorney derived
from such records , or from the records of the County Clerk and Recorder. If the list was
assembled from the records of the County Assessor, the applicant shall certify that such list
was assembled within thirty ( 30) days of the application submission date .
K . Where an authorized legal agent signs the application for the fee owners of the OIL AND
GAS FACILITY , a signed Surface Use Agreement , or a letter granting power of attorney to
the agent from such owners must be provided .
L . If applicable , an Improvements Agreement executed by the applicant . This Improvements
Agreement shall be in accordance with the County policy and documents for collateral for
improvements .
M . The applicant may need to work with the Weld County Office of Emergency Management to
put together an Emergency Action Plan if the quantity of the oil stored at an OIL AND GAS
FACILITY is over 2 , 000 bbl .
N . Such additional information as may be required by the Department of Planning Services .
Sec . 23 -2-1030. Review of application and issuance of Weld Oil and Gas Location
Assessment (WOGLA) Permit.
The Department of Planning Services will review the WOGLA Permit application to
determine if it is complete , which shall occur within seven (7 ) business days of the filing of the
application . At the discretion of the Director of Planning Services , an application meeting may
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be required . If so , the applicant shall arrange for an application meeting with the Department of
Planning Services . The Planning Director may approve the WOGLA Permit , if he or she
determines that the application provides sufficient evidence showing that the standards set forth
in Sections 23-2- 1010 and 23-2- 1020 , above , will be met . If the Planning Director determines that
the application does not provide sufficient evidence showing that the standards set forth in
Sections 23-2- 1010 and 23-2- 1020 , above , will be met , he or she will forward the application to
the Board of County Commissioners for its review and consideration in a formal hearing before
the Board . The Department of Planning Services shall be responsible for the following :
A . Refer the application to the following agencies , when applicable , for review and comment .
The agencies named shall respond within twenty-eight (28) days after the mailing of the
application by the COUNTY . The failure of any agency to respond within twenty-eight (28)
days shall be deemed to be a favorable response to the Planning Department . The reviews
and comments solicited by the COUNTY are intended to provide the COUNTY with
information about the proposed WOGLA Permit. The reviews and comments submitted by a
referral agency are recommendations to the Board of County Commissioners :
1 . The Planning Commission or governing body of any town and county whose boundaries
are within 1 , 000 feet of the OIL AND GAS LOCATION .
2 . The Weld County Department of Public Health and Environment .
3 . The Weld County Department of Public Works .
4 . The Colorado Division of Wildlife .
5 The Colorado Oil and Gas Conservation Commission .
6 . The appropriate fire district .
7 . Any irrigation ditch company with facilities on , or adjacent to , the OIL AND GAS
FACILITY .
8 . To any other agencies or individuals to whom the Department of Planning Services
deems a referral necessary .
B . Provide the applicant with a sign notifying the public of the Board of County Commissioners '
hearing , which shall be posted by the applicant , adjacent to and visible from , a publicly
maintained road right-of-way . In the event the OIL AND GAS FACILITY is not adjacent to a
publicly maintained road right-of-way , one sign shall be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway ( access drive )
intersects a publicly maintained road right-of-way . The sign shall be posted at least ten ( 10)
days prior to the hearing by the Board of County Commissioners . Evidence that the
applicant posted the sign shall be provided to the Department of Planning Services .
C . Give notice of the hearing to those persons listed in the application as surface owners of
property located within 1 , 000 feet of the OIL AND GAS LOCATION . Such notification shall
be mailed first-class by the Department .
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•
D . Prepare staff comments addressing all aspects of the application , its conformance with the
Weld County Code in effect at the time of filing of the application , sound land use planning
practices , comments received from agencies to which the proposal was referred , and
standards contained in Sections 23-2- 1010 and 23-2- 1020 , above .
E . Prepare legal notice for the Board of County Commissioners ' hearing to be published in the
newspaper designated by the Board of County Commissioners for publication of notices .
The date of publication shall be at least ten ( 10) days prior to the hearing . Notice of the
hearings shall be sent to persons listed in the application as surface property owners whose
properties are located within 1 , 000 feet of the OIL AND GAS LOCATION . Such notification
shall be mailed first-class .
Sec . 23-2-1040 . Compliance with WOGLA Permit standards .
An applicant for a WOGLA Permit shall demonstrate conformance with , and shall continue
to meet , the WOGLA Permit standards approved and adopted by the County . Noncompliance
with the approved WOGLA Permit standards may be reason for rescission of the WOGLA Permit
by the Board of County Commissioners .
Sec . 23-2-1050 . Changes and termination of use .
A . Major changes from the approved WOGLA Permit shall require the approval of an
amended WOGLA Permit by the Weld County Planning Director. The Department of
Planning Services is responsible for determining whether a major change exists , in which
case a new WOGLA Permit application and processing shall be required . Any other
changes shall be filed in the Department of Planning Services in the approved WOGLA
Permit file .
N
B . Construction pursuant to approval of a WOGLA Permit shall be commenced , and continual
progress made within three ( 3) years from the date of approval , or the approval shall
terminate . The Planning Director may grant an extension of time , for good cause shown ,
upon a written request .
Sec . 23-2-1070. Rescission procedures .
A . If at any time following the approval of a WOGLA Permit the Department of Planning
Services determines that one ( 1 ) or more of the WOGLA Permit standards set forth in
Sections 23-2- 1010 and 23-2- 1020 , above , has not been met , the Planning Director shall
notify the Operator of the OIL AND GAS FACILITY of the failure to meet the standard (s) .
The Operator will be given thirty (30) days in which to cure the failure to comply with the
standard (s ) . If at the end of the thirty ( 30 ) days the failure to comply with the standards
has not been cured , a hearing shall be scheduled before the Board of County
Commissioners .
B . The Board of County Commissioners shall hold a public hearing to determine if one ( 1 )
or more of the WOGLA Permit standards set forth in Sections 23-2- 1010 and 23-2- 1020 ,
above , has not been met . Upon such a finding_, the Board may rescind the WOGLA
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Permit and seek any appropriate legal remedies to cease the USE of the OIL AND GAS
FACILITY .
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 . through H . — No change .
I . OIL AND GAS PRODUCTION FACILITIES .
1 . WOGLA Permit Required . No OIL AND GAS FACILITY shall be developed in the
A (Agricultural ) Zone District until a 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 II , Division 10 , of this Chapter.
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 . through 8 . — No change .
9 . OIL AND GAS FACILITIES .
a . WOGLA Permit Required . No OIL AND GAS FACILITY shall be developed in the
R- 1 ( Low- Density Residential ) Zone District until a 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 II , Division 10 , of this
Chapter.
Remainder of Section — No change .
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
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•
standards contained in Section 23-3-250 below. No outside storage will be allowed in the C-
1 Zone District . USES within the C- 1 Zone District shall also be subject to additional
requirements contained in Articles IV and V of this Chapter.
1 . through 14 . — No change .
15 . OIL AND GAS FACILITIES .
a . WOGLA Permit Required . No OIL AND GAS FACILITY shall be developed in the
C- 1 ( Neighborhood Commercial ) Zone District until a 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 II ,
Division 10 , of this Chapter.
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 . through 17 . — No change .
18 . OIL AND GAS FACILITIES .
a . WOGLA Permit Required . No OIL AND GAS FACILITY shall be developed in the
C- 2 (General Commercial ) Zone District until a 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 II , Division 10 , of this
Chapter.
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 . through 17 . — No change .
18 . OIL AND GAS FACILITIES .
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,
a . WOGLA Permit Required . No OIL AND GAS FACILITY shall be developed in the
C-3 ( Business Commercial ) Zone District until a 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 II , Division 10 , of this
Chapter.
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 . through 10 . — No change .
11 . OIL AND GAS FACILITIES .
a . WOGLA Permit Required . No OIL AND GAS FACILITY shall be developed in the
C-4 ( Highway Commercial ) Zone District until a 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 II , Division 10 , of this
Chapter.
Remainder of Section — No change .
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 . through 11 . — No change .
12 . OIL AND GAS PRODUCTION FACILITIES .
a . WOGLA Permit Required . No OIL AND GAS FACILITY shall be developed in the
I - 1 ( Industrial ) Zone District until a 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 II , Division 10 , of this
Chapter.
Remainder of Section — No change .
Amend Sec . 23-3-320 . 1 -2 ( Industrial ) Zone District.
A . through C . — No change .
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D . Uses by Special Review. The following BUILDINGS , STRUCTURES and USES may be
constructed , occupied or maintained in the 1 -2 Zone District upon the approval of a permit in
accordance with the requirements and procedures set forth in Article II , Division 4 of this
Chapter.
1 . through 17 . — No change .
18 . PETROLEUM REFINERY .
Remainder of Section — No change .
Amend Sec . 23 -3-330 . 1 -3 ( Industrial ) Zone District.
A . through C . — No change .
D . Uses by Special Review . The following BUILDINGS , STRUCTURES and USES may be
constructed , occupied or maintained in the 1 -3 Zone District upon the approval of a permit in
accordance with the requirements and procedures set forth in Article II , Division 4 of this
Chapter.
1 . through 19 . No change .
20 . PETROLEUM REFINERY .
Remainder of Section — No change .
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 . through I . — No change .
J . OIL AND GAS FACILITIES .
1 . WOGLA Permit Required . No OIL AND GAS FACILITY shall be developed in the
E ( Estate ) Zone District until a 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 II , Division 10 , of this Chapter.
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Add Sec . 23-3 -550. Uses allowed by right.
A . OIL AND GAS FACILITIES .
1 . WOGLA Permit Required . No OIL AND GAS FACILITY shall be developed in the
A (Agricultural ) Zone District until a 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 II , Division 10 , of this Chapter.
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 .
The above and foregoing Ordinance Number 2015-26 was , on motion duly made and
seconded , adopted by the following vote on the 28th day of November, A . D . , 2016 .
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY , COLORADO
ATTEST :
Mike Freeman , Chair
Weld County Clerk to the Board
Sean P . Conway , Pro-Tem
BY :
Deputy Clerk to the Board
Julie A . Cozad
APPROVED AS TO FORM :
Barbara Kirkmeyer
County Attorney
Steve Moreno
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P ublication : November 3 , 2015
First Reading : December 14 , 2015
P ublication : December 23 , 2015 , in the Greeley Tribune
Second Reading : January 4 , 2016
Con 't to : January 25 , 2016
Con 't to : February 29 , 2016
Con 't to : May 9 , 2016
Con 't to : June 1 , 2016
Con 't to : July 18 , 2016
Con 't to : August 24 , 2016
Con 't to : September 28 , 2016
Con 't to : October 17 , 2016
Con 't to : October 31 , 2016
P ublication : November 9 , 2016 , in the Greeley Tribune
Final Reading : November 28 , 2016
P ublication : December 7 , 2016 , in the Greeley Tribune
Effective : December 12 , 2016
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