HomeMy WebLinkAbout20153593.tiff WELD COUNTY
CODE ORDINANCE 2015-20
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and hereby are, repealed and re-enacted, with amendments, and the various Chapters are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:
OVERLAY ZONING DISTRICT: A zoning district superimposed over the UNDERLYING
ZONING DISTRICT which places further restrictions upon land USES. These restrictions are
intended to protect the public health, safety and welfare from man-made and natural disasters
such as airplane accidents and GEOLOGIC HAZARDS. DEVELOPMENTS within the OVERLAY
ZONING DISTRICT shall conform to the requirements of both zones.
Amend Sec. 23-2-150. Intent and applicability.
A. through H. — No change.
I. Any person filing an application for a site plan review shall comply with Article V and Article
XI of this Chapter if the proposal is located within any Overlay District Area or a Special
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Flood Hazard Area identified by maps officially adopted by the COUNTY.
Remainder of Section — No change.
Amend Sec. 23-2-220. Duties of Planning Commission.
A. The Planning Commission shall hold a hearing to consider the application for the Special
Review Permit. The public hearing may involve either the Special Review Permit
application alone or may include the review of concurrent applications under the
COUNTY's provisions for Overlay Districts Regulations in Article V and Floodplain
Regulations in Article XI of this Chapter. The Planning Commission shall provide
recommendations to the Board of County Commissioners concerning the disposition of
the requested Special Review Permit. The Planning Commission shall approve the
request for the Special Review Permit only if it finds that the applicant has met the
standards or conditions of this Subsection A and Sections 23-2-240 and 23-2-250 of this
Division. The applicant has the burden of proof to show that the standards and conditions
of this Subsection A and Sections 23-2-240 and 23-2-250 are met. The applicant shall
demonstrate:
A.1. through 4. — No change.
5. That the application complies with Articles V and XI of this Chapter if the proposal is
located within the Overlay District Areas or a Special Flood Hazard Area identified by
maps officially adopted by the COUNTY.
Remainder of Section — No change.
Amend Sec. 23-2-260. Application requirements.
A.1. through A.4. — No change.
5. A statement which explains that the application complies 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.
Remainder of Section — No change.
Amend Sec. 23-2-690. PUD District application requirements.
The following completed information, data and maps are required for a PUD Change of Zone
District.
A. Written Documents.
A.1. through A.12. — No change.
13. If the proposed change of zone is located within a SPECIAL FLOOD HAZARD AREA,
identified by maps officially adopted by the COUNTY, the applicant shall submit
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information which either documents how the COUNTY supplementary regulations
concerning floodplains have been satisfied or documents how the applicant intends to
meet the requirements of Article 23 of this Chapter.
Remainder of Section — No change.
Amend Sec. 23-2-770. Duties of Planning Commission.
The Planning Commission shall hold a public hearing to consider a PUD Plan application. The
Planning Commission shall provide recommendations to the Board of County Commissioners
concerning the disposition of the requested PUD Plan. Such recommendations shall be made
within sixty (60) days of the initial hearing date. The Planning Commission shall recommend
approval of the request for the PUD Plan only if it finds that the applicant has met the applicable
requirements or conditions of this Section and Sections 23-2-730, 23-2-740 and 23-2-750 of this
Chapter. The applicant has the burden of proof to show that the standards and conditions of this
Section and Sections 23-2-730, 23-2-740 and 23-2-750 of this Chapter are met. The applicant
shall demonstrate:
A. through D. — No change.
E. There will be compliance 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.
Remainder of Section — No change.
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.
100-YEAR FLOOD through FLOODPLAIN MANAGEMENT ORDINANCE (ORDINANCE): No
changes.
FLOODPROOF or FLOODPROOFING: Any combination of structural and nonstructural designs,
changes or adjustments to STRUCTURES, with the exception of steel rings surrounding oil and
gas storage vessels, which reduce or eliminate FLOOD damage to real estate, improved real
property, water and sanitary sewer facilities, and STRUCTURES and their contents.
Remainder of Section — No change.
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is,
directed to arrange for Colorado Code Publishing to supplement the Weld County Code with the
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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 2015-20 was, on motion duly made and
seconded, adopted by the following vote on the 9th day of November, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COL RADO
ATTEST: CC�� �
' e�arbara Kirkmeyer, Chair
Weld County Clerk to the Board
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Mike Freeman, Pro-Tern
BY: l...♦ Ft. ��. :..� _ • r
D ty Clerk to the oard /1—?
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• ?4' eA. Cozad
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♦ teve Moreno
Publication: September 4, 2015
First Reading: September 28, 2015
Publication: October 7, 2015, in the Greeley Tribune
Second Reading: October 19, 2015
Publication: October 28, 2015, in the Greeley Tribune
Final Reading: November 9, 2015
Publication: November 18, 2015, in the Greeley Tribune
Effective: November 23, 2015
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