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WELD COUNTY CODE ORDINANCE 2015-27 sir Se4 6o P
Apt, Aatellenky
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and hereby are, repealed and re-enacted, with amendments, and the various Chapters are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:
Add SOLAR FARMS (also Known as so ar parts, so ar fie cs or soar gardens) are
piotovoltaic panes (PV) resigned for tie supp y of merchant power into tie e ectricity
grid.SMALL SOLAR ENERGY SYSTEM: A facility which is used for the production of electrical
energy from energy collected by the sun including solar energy collectors, power generation
facilities, facilities for storing and transforming energy, other appurtenant facilities and any
transmission lines under 115 kV, which is developed for the purpose of supplying or distributing
electrical energy to users, a customer or customers and will have a rated capacity of three (3)
megawatts or less and all equipment will be located on 16 acres or less. This designation shall
not include roof mounted solar systems located on permitted principal and accessory buildings
and designed to supply power to the principle use(s) on site.
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Add LARGE SOLAR ENERGY SYSTEM: A facility which is used for the production of
electrical energy from energy collected by the sun including solar energy collectors, power
generation facilities, facilities for storing and transforming energy, other appurtenant facilities and
any transmission lines under 115 kV, which is developed for the purpose of supplying or
distributing electrical energy to users, a customer or customers and will either have a rated
capacity greater than three (3) megawatts or all equipment is locate on greater than 16 acres.
This designation shall not include roof mounted solar systems located on permitted principal and
accessory buildings and designed to supply power to the principle use(s) on site.
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 R. — No change.
S. Any use permitted as a Use by Right, an ACCESSORY USE, or a Use by Special Review
in the COMMERCIAL or industrial zone districts, except a SOLAR FARM, except a
SOLAR FARM provided that the property is not a Lot in an approved or recorded
subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations
controlling subdivisions. PUD development proposals shall not be permitted to use the
special review permit process to develop.
T. through KK. — No change.
LL. SMALL SOLAR ENERGY SYSTEM.
Amend Sec. 23-3-310. 1-1 (Industrial) Zone District.
A. through D. 10. — No change.
Add 11 and 12.
11 . Small Solar Energy System.
12. Large Solar Energy System.
Remainder of Section — No change.
Amend Sec. 23-3-320. 1-2 (Industrial) Zone District.
A. through D. 17. — No change.
Add 18 and 19.
18. SOLAR FARM.SMALL SOLAR ENERGY SYSTEM.
19. LARGE SOLAR ENERGY SYSTEM.
Remainder of Section -- No change.
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Amend Sec. 23-3-330. 1-3 (Industrial) Zone District.
A. through D. 19. — No change.
Add 20 and 21 .
20. SOLAR FARM.SMALL SOLAR ENERGY SYSTEM.
21 . LARGE SOLAR ENERGY SYSTEM.
Remainder of Section — No change.
Amend Sec. 23-12-30. Drainage policy.
A. through F. 14) — No change.
Add F. 1 .a. 15).
15) Concentrated Animal Feeding Operations (CAFO), Animal Feeding Operations
(AFO) and Housed Commercial Swine Feeding Operations (HCSFO) which are
covered and approved by the Colorado Discharge Permit System (CDPS)
regulations. Portions of the site not included or covered by the CDPS permit,
shall comply with the Weld County Drainage Code requirements.
16) Approved by a variance.
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 2015-27 was, on motion duly made and
seconded, adopted by the following vote on the 4th day of April, 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
Publication: November 3, 2015
First Reading: December 14, 2015
Con't to: December 21 , 2015
Publication: January 5, 2016, in the Greeley Tribune
Second Reading: January 4, 2016
Con't to: January 25, 2016
Con't to: March 7, 2016 — Referred back to Planning Commission
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