HomeMy WebLinkAbout20161757.tiffWELD COUNTY
CODE ORDINANCE 2015-25
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and hereby are, repealed and re-enacted, with amendments, and the various Chapters are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:
DOMESTIC WATER: Both raw and treated water delivered for eventual drinking and related
residential purposes.
PIPELINE: A line of connected pipes that are used for carrying liquids and gases.
PIPELINE — DOMESTIC WATER: Any PIPELINE sixteen (16) inches in diameter or larger
and appurtenant components thereof (such as valves or pump stations) designed for transporting
DOMESTIC WATER in such PIPELINE and extending to locations outside of Weld County,
excluding:
a. PIPELINES that transport or will transport DOMESTIC WATER to one or more
municipalities, the boundaries or populations of which were, on September 1, 2016,
located primarily within the COUNTY.
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b . PIPELINES owned or to be owned by one or more municipalities , the boundaries or
populations of which were , on September 1 , 2016 , located primarily within the
COUNTY , which transport or will transport DOMESTIC WATER for use in an adjacent
county consistent with individual water tap or other agreements .
c. PIPELINES that are part of an irrigation ditch , canal , reservoir, or well system that
transport less than fifty percent (50 % ) of the system 's total water as DOMESTIC
WATE R .
Division 6 - Use by Special Review Permits for PIPELINES and P/PEL/NE - DOMEST/C
WATER
Amend Sec . 23 -2 -440 . Applicability.
A . Uses by Special Review are USES which have been determined to be more intense or to
have a potentially greater impact than the Uses Allowed by Right in a particular zone district .
Therefore , Uses by Special Review require additional consideration to ensure that they are
established and operated in a manner that is compatible with existing and planned land USES
in the NEIGHBORHOOD . The additional consideration or regulation of Uses by Special
Review, and the application to a Use by Special Review of Performance , Design and
Operations Standards listed both herein and for applicable USES from any zone district , are
designed to protect and promote the health , safety , convenience and general welfare of the
present and future residents of the COUNTY.
B . The Board of County Commissioners may approve the establishment of a Use by Special
Review for PIPELINES and PIPELINE — DOMESTIC WATER by granting a Use by Special
Review Permit . All requests for Use by Special Review Permit shall be reviewed by the
Planning Commission . The Planning Commission ' s recommendation shall be forwarded to ,
and considered by , the Board of County Commissioners .
C . Any person filing an application for a Use by Special Review Permit shall comply with the
COUNTY procedures and regulations as set forth herein . Any expansion or enlargement of a
Use by Special Review shall be treated as a new USE and shall require a new application
under the provisions of this Division .
D . Ordinary repairs and maintenance located within easements or rights-of-way of PIPELINES
and PIPELINE — DOMESTIC WATER approved pursuant to these regulations shall not be
treated as a new USE . Ordinary repairs and maintenance may be perFormed upon
STRUCTURES associated with a Use by Special Review so long as such repairs and
maintenance do not have the effect of expanding or enlarging the USE .
Remainder of Section — No change .
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Amend Sec . 23 -2-460 . Prohibition of construction without permit.
No person may locate or construct a PIPELINE and PIPELINE — DOMESTIC WATER in the
County without first obtaining a Use by Special Review Permit pursuant to these regulations and
no Building Permit for a PIPELINE shall be approved without the applicant first obtaining approval
of a Use by Special Review Permit pursuant to these regulations .
Amend Sec . 23 -2-470 . Duties of department of planning services .
A . Any person wanting to apply for a Use by Special Review shall arrange for a preapplication
conference with the Department of Planning Services . The Department of Planning Services
shall be responsible for processing all applications for a PIPELINE and PIPELINE —
DOMESTIC WATER in the unincorporated area of the County . The Department shall also
have the responsibility of ensuring that all application submittal requirements are met prior to
initiating any official action as listed below.
B . Upon determination that a submitted application is complete , the staff of the Department of
Planning Services shall :
1 . 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 may be deemed to be a favorable response to the Planning Commission . The
reviews and comments solicited by the COUNTY are intended to provide the COUNTY
with information about the proposed Use by Special Review. The Planning Commission
and Board of County Commissioners may consider all such reviews and comments and
may solicit additional information if such information is deemed necessary . The reviews
and comments submitted by a referral agency are recommendations to the COUNTY . The
authority for making the decision to approve or deny the request for a Use by Special
Review Permit rests with the Board of County Commissioners .
a . through f. — No change .
g . Any irrigation ditch company with facilities within the Right-of-Way or crossed by the
PIPELINE and PIPELINE — DOMESTIC WATER under consideration .
h . through I . — No change .
2 . through 4 . — No change .
5 . For PIPELINE and PIPELINE — DOMESTIC WATER projects one ( 1 ) mile or less , notice
of application shall be given for surface property owners for five hundred (500) 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
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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 .
6 . Applicants for a PIPELINE and PIPELINE — DOMESTIC WATER 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 Commissioners for publication of notices a minimum of ten ( 10) days
prior to the Planning Commission hearing date . The advertisement shall contain a map
displaying the 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 -2-480 . Duties of planning commission .
A . The Planning Commission shall hold a hearing to consider the application for the Use by
Special Review Permit . The Planning Commission shall provide recommendations to the
Board of County Commissioners concerning the disposition of the requested Use by Special
Review Permit . The Planning Commission shall approve the request for the Use by Special
Review Permit only if it finds that the applicant has met the standards or conditions of Section
23-2-480 of this Division and Chapter 22 of the Weld County Code . The applicant has the
burden of proof to show that the standards and conditions of Section 23-2-480 of this Division
and Chapter 22 of the Weld County Code are met . The applicant shall demonstrate :
1 . All reasonable efforts have been made to avoid irrigated cropland or to minimize the
negative impacts on agricultural USES and lands .
2 . The PIPELINE 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 .
3 . The design of the proposed PIPELINE and PIPELINE — DOMESTIC WATER mitigates
negative impacts on the surrounding area to the greatest extent feasible .
4 . The site shall be maintained in such a manner so as to control soil erosion , dust and the
growth of NOXIOUS WEEDS .
5 . 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 and PIPELINE — DOMESTIC WATER .
6 . 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 .
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7 . The nature and location or expansion of the PIPELINE 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 .
8 . No adverse impact , from stormwater runoff, to the public rights-of-way and/or surrounding
properties as a result of the PIPELINE and PIPELINE — DOMESTIC WATER .
Remainder of Section — No change .
Amend Sec. 23 -2-490 . Duties of board of county commissioners .
The Use by Special Review Permit duties of the Board of County Commissioners for a
PIPELINE and PIPELINE — DOMESTIC WATER are limited according to the provisions of Section
30-28- 110 , C . R . S . , and the Home Rule Charter.
Amend Sec . 23 -2-500 . Application for use by special review permit.
Any person seeking to locate and construct a PIPELINE and PIPELINE — DOMESTIC WATER
in the County shall apply for a Use by Special Review Permit on the forms provided by the
Department of Planning Services . The application forms shall be accompanied by the supporting
documents required by these regulations .
Amend Sec . 23 -2-510 . Application requirements .
An adequate number of copies of the application for a Use by Special Review Permit shall be
submitted by the applicant to the Department of Planning Services . An application for a Use by
Special Review Permit shall contain the following information in such form as prescribed by the
Department of Planning Services :
A . The applicanYs name and telephone number.
B . Address of the applicant and general OFFICE .
C . Summary statement of the project , to include when applicable :
1 . Source , capacity , size , destination and type of facilities , support STRUCTURES , lines ,
etc . , involved .
2 . A detailed report shall be submitted which includes information on the following items :
a . A description of the PIPELINE and PIPELINE — DOMESTIC WATER .
b . through f. — No change .
g . A description of emergency procedures to be followed in case of a reported failure
or accident involving the proposed PIPELINE and PIPELINE — DOMESTIC
WATER . Such outline shall include actions , if any , required of PUBLIC officials ,
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including fire and police officials , and the names and telephone numbers of
appropriate company officials to notify if an accident or failure should occur.
Remainder of Section — No change .
Amend Sec . 23 -2-520. Drawing requirements for PIPELINE and PIPELINE - DOMESTIC
WATER maps .
1 . through 6 . — No change .
7 . The Use by Special Review Permit Plan Map shall include certificates for the
PIPELINE and PIPELINE — DOMESTIC WATER owner' s signature , Planning
Commission , and the Board of County Commissioners and the Clerk to the Board . The
required content of the certificates is available from the Department of Planning
Services .
8 . Title , scale and north arrow.
9 . For each parcel that the PIPELINE and PIPELINE — DOMESTIC WATER crosses
include : ( 1 ) Property owner name ; (2 ) Parcel Number; ( 3) Quarter Section and Section ,
Township and Range ; and (4) Reception Number for the Easement/Rights-of-Way .
Amend Sec. 23-2-530 . Standards .
The Board of County Commissioners may approve an application for construction or
expansion of a PIPELINE 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 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 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 and PIPELINE — DOMESTIC WATER .
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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 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 and PIPELINE — DOMESTIC WATER .
Amend Sec . 23-2-540 . Changes to use by special review permit.
Any approved Use by Special Review Permit for a PIPELINE and PIPELINE — DOMESTIC
WATER shall be limited to the items shown on the Use by Special Review Plan Map and governed
by the DEVELOPMENT STANDARDS . Major changes from the approved Use by Special Review
Map or DEVELOPMENT STANDARDS for the Use by Special Review Permit for a PIPELINE and
PIPELINE — DOMESTIC WATER shall require the approval of an amendment to the permit by
the Planning Commission and approval by the Board of County Commissioners before such
changes from the map or DEVELOPMENT STANDARDS are permitted . The Department of
Planning Services is responsible for determining whether a major change exists . Any other
changes shall be filed with the Department of Planning Services with the approved Use by Special
Review Permit .
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.
LL . PIPELINE — DOMESTIC WATER.
Amend Sec . 23 -3-110 . R-1 ( Low-Density Residential ) Zone District.
A . through D . 10 . — No change .
D . 11 . PIPELINE — DOMESTIC WATER.
� Sec . 23-3-210. C -1 ( Neighborhood Commercial ) Zone District.
A . through D . 11 . — No change .
D . 12 . PIPELINE — DOMESTIC WATER.
Remainder of Section — No change .
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Amend Sec . 23-3-220 . C -2 ( General Commercial ) Zone District.
A . through D . 9 . — No change .
D . 10 . PIPELINE - DOMESTIC WATER.
Remainder of Section — No change .
Amend Sec . 23 -3-230 . C -3 ( Business Commercial ) Zone District.
A. through D . 10 . — No change .
D . 11 . PIPELINE — DOMESTIC WATER.
Remainder of Section — No change .
Amend Sec . 23-3-240 . C -4 ( Highway Commercial ) Zone District.
A . through D . 5 . — No change .
D . 6 . PIPELINE — DOMESTIC WATER.
Remainder of Section — No change .
� Amend Sec . 23 -3-310 . I -1 ( Industrial ) Zone District.
A. through D . 13 . — No change .
D . 14 . PIPELINE — DOMESTIC WATER.
� Remainder of Section — No change .
Amend Sec . 23-3 -320 . I -2 ( Industrial ) Zone District.
A. through D . 21 . — No change .
D . 22 . PIPELINE — DOMESTIC WATER.
Remainder of Section — No change .
Amend Sec . 23-3-330 . I -3 ( Industrial ) Zone District.
A . through D . 23 . — No change .
D . 24 . PIPELINE — DOMESTIC WATER.
Remainder of Section — No change .
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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 L . — No change .
M . PIPELINE — DOMESTIC WATER.
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 2015-25 was , on motion duly made and
seconded , adopted by the following vote on the 27th day of June , 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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Y
Publication : November 3 , 2015
2 "a Publication : April 20 , 2016
First Reading : December 14 , 2015
Con 't to : February 8 , 2016
Con 't to : April 4 , 2016
Con 't to : May 9 , 2016
Con 't to : May 16 , 2016
Publication : May 25 , 2016 , in the Greeley Tribune
Second Reading : June 6 , 2016
Publication : June 15 , 2016 , in the Greeley Tribune
Final Reading : June 27 , 2016
Publication : July 6 , 2016 , in the Greeley Tribune
Effective : July 11 , 2016
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