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HomeMy WebLinkAbout20153924.tiff /o2o21 / 3 WELD COUNTY CODE ORDINANCE 2015 -27 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the County of Weld , State of Colorado , that certain existing Chapters of the Weld County Code be , and hereby are , repealed and re-enacted , with amendments , and the various Chapters are revised to read as follows .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 : ACCESSORY BUILDING or USE to SIGN , FLUSH WALL — No change . Add SOLAR FARMS {also known as solar parks , solar fields or solar gardens) are photovoltaic panels (PV) designed for the supply of merchant power into the electricity grid . 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 . PAGE 1 2015-3924 ORD2015-27 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 , 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 . Amend Sec . 23 -3-320 . 1 -2 ( Industrial ) Zone District. A. through D . 17 . — No change . Add 18 . 18 . SOLAR FARM . Remainder of Section — No change . Amend Sec . 23-3-330 . 1 -3 ( Industrial ) Zone District. A . through D . 19 . — No change . Add 20 . 20 . SOLAR FARM . 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 . 161-5) Approved by a variance . PAGE 2 t 2015-3924 ORD2015-27 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 2015-27 was , on motion duly made and seconded , adopted by the following vote on the 25th day of January , A . D . , 2016 . BOARD OF COUNTY COMMISSIONERS WELD COUNTY , COLORADO ATTEST : Barbara Kirkmeyer, Chair Weld County Clerk to the Board Mike Freeman , Pro-Tem BY : Deputy Clerk to the Board Sean P . Conway APPROVED AS TO FORM : Julie A . Cozad County Attorney Steve Moreno P ublication : November 3 , 2015 First Reading : December 14 , 2015 Con 't to : December 21 , 2015 P ublication : December 28 , 2015 , in the Greeley Tribune Second Reading : January 4 , 2016 P ublication : January 13 , 2016 , in the Greeley Tribune Final Reading : January 25 , 2016 Publication : February 3 , 2016 , in the Greeley Tribune Effective : February 8 , 2016 PAGE 3 2015-3924 ORD2015-27 Hello