HomeMy WebLinkAbout20162152.tiffWELD COUNTY
CODE ORDINANCE 2016-07
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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and hereby are, repealed and re-enacted, with amendments, and the various Chapters are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
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:
Delete PIPELINE.
PIPELINE: Any PIPELINE and -appurtenant facilities designed for, oc capable of, transporting
oleum derivatives ten (10) inches in diameter or larger and creates a hoop
stress of twenty percent (20%) or more at their spec+fi ed minimum yield strength.
PIPELINE- NATURAL GAS: Any pipeline and appurtenant facilities capable of transporting
natural gas which is twelve (12) inches in diameter or larger, as measured from the outside of the
pipeline, and is designed to operate at a hoop stress of twenty percent (20%) or more at their
specified minimum yield strength (SMYS)1 as shown on construction plans or diagrams.
PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS: Any pipeline and
appurtenant facilities capable of transporting any other petroleum derivatives which is thirteen
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(13) inches in diameter or larger, as measured from the outside of the pipeline, regardless of hoop
stress.
Amend Division 6 - Use by Special Review Permits for PIPELINES - NATURAL GAS and
PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS.
Amend Sec. 23-2-470. Duties of department of planning services.
A — B.4. — No change.
5. For pipeline projects one (1) mile or less, nNotice of application for a PIPELINE shall be
given tofor surface property owners for five hundred (500)within one hundred fifty (150) feet
on either side of the centerline of the proposed preferred alignment, and to interest holders
(excluding mineral interests) in any real property proposed to be physically disturbed or
crossed by the activity or development which is the subject of the application. Such
notification shall be mailed, first-class, no less than ten (10) days before the scheduled public
hearing. Such notice is not required by state statute and is provided as a courtesy to
surrounding property owners (the surface estate). Inadvertent errors by the applicant in
supplying such list, or the Department of Planning Services in sending such notice, shall not
create a jurisdictional defect in the hearing process even if such error results in the failure of
a surrounding property owner to receive such notification.
Delete 6. Applicants for a PIPELINE which is more than one (1) mile in length shall advertise
the hearing at least once in the newspaper designated by the Board of County
Commission hearing date. T
proposed route, along with both the Planning Commission and the Board of County
Commissioners hearing dates, a description of the hearing, time, date and location.
Remainder of Section — No change.
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 KK. — No change.
MM. PIPELINE — NATURAL GAS.
NN. PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS.
Amend Sec. 23-3-110. R-1 (Low -Density Residential) Zone District.
A. through D.11. — No change.
12. PIPELINE — NATURAL GAS.
13. PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS.
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Amend Sec. 23-3-210. C-1 (Neighborhood Commercial) Zone District.
A. though D.12. — No change.
13. PIPELINE — NATURAL GAS.
14. PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS.
Remainder of Section — No change.
Amend Sec. 23-3-220. C-2 (General Commercial) Zone District.
A. through D.10. — No change.
11. PIPELINE — NATURAL GAS.
12. PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS.
Remainder of Section — No change.
Amend Sec. 23-3-230. C-3 (Business Commercial) Zone District.
A. through D.11. — No change.
12. PIPELINE — NATURAL GAS.
13. PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS.
Remainder of Section — No change.
Amend Sec. 23-3-240. C-4 (Highway Commercial) Zone District.
A. through D.6. — No change.
7. PIPELINE — NATURAL GAS.
8. PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS.
Remainder of Section — No change.
Amend Sec. 23-3-310. I-1 (Industrial) Zone District.
A. through D.11. — No change.
12. PIPELINE — NATURAL GAS.
13. PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS.
Remainder of Section — No change.
Amend Sec. 23-3-320. 1-2 (Industrial) Zone District.
A. through D.19. — No change.
20. PIPELINE — NATURAL GAS.
21. PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS.
Remainder of Section — No change.
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Amend Sec. 23-3-330. 1-3 (Industrial) Zone District.
A. through D.21. — No change.
22. PIPELINE — NATURAL GAS.
23. PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS.
Remainder of Section — No change.
Amend Sec. 23-3-430. Uses by special review.
The following BUILDINGS, STRUCTURES and USES may be constructed, occupied,
operated and maintained in the E 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 M. — No change.
N. PIPELINE — NATURAL GAS.
O. PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS.
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.
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The above and foregoing Ordinance Number 2016-07 was, on motion duly made and
seconded, adopted by the following vote on the 15th day of August, 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
P ublication:
First Reading:
P ublication:
Second Reading:
P ublication:
Final Reading:
P ublication:
Effective:
June 24, 2016
July 6, 2016
July 13, 2016, in the Greeley Tribune
July 25, 2016
August 3, 2016, in the Greeley Tribune
August 15, 2016
August 24, 2016, in the Greeley Tribune
August 29, 2016
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