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Home My WebLink About20152189.tiff WELD COUNTY CODE ORDINANCE 2015-7 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 22 COMPREHENSIVE PLAN AND 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of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows.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 22 COMPREHENSIVE PLAN Amend Sec. 22-5-160. Use of resources Goals and Policies. A. UR.Goal 1. Support and encourage the use of natural and other resources available in the County by the residents of the County. 1. UR.Policy 1.1. Support the development of power-generating facilities in the County that benefit the residents of the County and employ the resources extracted, developed or available in the County. 2. UR.Policy 1.2 In order to validate the recognition of a right to extract Minerals, the statement listed below should be incorporated into all land use maps/plats and Homeowners' Associations (HOA) documents. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a)the state's commercial mineral deposits are essential CC= Y PID5 {L 1//9 2015-2189 ORD2015-7 4133135 Pages: 1 of 8 08/12/2015 10:39 AM R Fee:$0.00 Carly Koppes: Clerk and Recorder, Weld County; CO KrAla II I to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 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 through Offset— No change. OIL AND GAS PRODUCTION FACILITIES: Consist of the oil or gas wells, pumps, heater treaters, separators, meters, compressors, TANK BATTERY and other equipment directly associated with the producing wells, all of which must be connected and functional. Remainder of Section — No change. Amend Sec. 23-3-30. Accessory uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the A (Agricultural) Zone District so long as they are clearly incidental and ACCESSORY to the USES allowed by right in the A (Agricultural) Zone District. Such BUILDINGS, STRUCTURES and USES must be designed, constructed and operated in conformance with the bulk requirements contained in Section 23-3-50 below. ACCESSORY USES within the A (Agricultural) Zone District shall also be subject to additional requirements contained in Articles IV and V of this Chapter. Note: The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed after August 25, 1981 on LOTS in an approved or recorded subdivision plat or LOTS part of a map or plan filed prior to adoption of any regulations controlling subdivisions of less than ten (10) acres shall not exceed four percent (4%) of the total LOT area, except in Regional Urbanization Areas, which shall adhere to RUA development standards. However, in no case shall such an ACCESSORY BUILDING exceed twice the GROSS FLOOR AREA of the primary residence on the LOT except by variance. Any accessory structure made nonconforming by application of this Section may be repaired, replaced or restored in total. A through C — No change. D. HOME OCCUPATIONS - CLASS I shall comply with Section 23-1-90 and CLASS II shall comply with Section 23-1-90 and Article IV, Division 13 of this Chapter. PAGE 2 2015-2189 ORD2015-7 4133135 Pages: 2 of 8 08/12/2015 10:39 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County, CO VIII�IFRI IWO 5111Yi1 �'ti� �, aL:��t 111 till E through J - No change. K. Cargo container as Accessory STRUCTURE. One (1) cargo container as an accessory STRUCTURE in the A (Agricultural) Zone District may be allowed for storage of goods inside the unit on lots in an approved or recorded subdivision plat, or LOTS which are part of a map or plan filed prior to the adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. Two (2) cargo containers may be allowed on property of less than eighty (80) acres in size, when not on a LOT in an approved or recorded subdivision or a LOT which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions. Up to five (5) cargo containers may be allowed on property equal to or greater than eighty (80) acres in size. Additional containers may be allowed on all lot sizes, as described in Subsection 23-3-40.BB. A cargo container used for storage, an office, a DWELLING or any habitable use shall require the issuance of building permits. The following conditions shall apply: Remainder of Section — No change. Amend Sec. 23-3-420. Accessory uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the E (Estate) Zone District so long as they are clearly incidental and accessory to the Uses Allowed by Right in the E (Estate) Zone District. Such BUILDINGS, STRUCTURES and USES must be designed, constructed and operated in conformance with the bulk requirements contained in Section 23-3-440 below. ACCESSORY USES within the E (Estate) Zone District are also subject to the additional requirements contained in Articles IV and V of this Chapter. A through C — No change. D. HOME OCCUPATIONS- CLASS I shall comply with Section 23-1-90 and CLASS II shall comply with Section 23-1-90 and Article IV, Division 13, of this Chapter. Remainder of Section — No change. Amend Sec. 23-4-160. Temporary storage of mobile homes. A zoning permit for the temporary storage of a MOBILE HOME, not including the storage of goods inside the UNIT, on a LOT in the A (Agricultural) Zone District, may be issued by the Department of Planning Services subject to the following provisions: A. The applicant must obtain a building permit for a MOBILE HOME and must comply with all installation standards of Chapter 29 of this Code applicable to MOBILE HOMES; provided, however, that no utility hookups to the MOBILE HOME of any type, including septic systems, shall be allowed. B. The MOBILE HOME may not be used on any basis as a DWELLING or as overnight or TEMPORARY housing for any person. C. The applicant must demonstrate that no reasonable alternative exists to the temporary storage of the MOBILE HOME on the land involved. PAGE 3 2015-2189 4133135 Pages: 3 of 8 ORD2015-7 08/12/2015 10:39 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County, CO 1111 11111 D. Only one (1) zoning permit for temporary storage of a MOBILE HOME may be issued per LEGAL LOT at any one (1) time. E. The Department of Planning Services shall make its determination on the issuance of a zoning permit for the temporary storage of a MOBILE HOME on the basis of a signed statement by the applicant that the conditions of Subsections A through D above are met, upon information contained in the permit application, and upon such independent evidence as may be available or which the staff may reasonably require. F. A zoning permit for temporary storage of a MOBILE HOME shall be for a period of six (6) months, and is renewable for additional six-month periods only by grant of the Board of County Commissioners. G. The Board of County Commissioners shall hear the application for renewal of a zoning permit for temporary storage of a MOBILE HOME at a regularly scheduled meeting of the Board. The Board of County Commissioners shall give notice of the application for a zoning permit and the meeting date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first-class, not less than ten (10) days before the scheduled meeting. 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 permit process, even if such error results in the failure of a surrounding property owner to receive such notification. The Department of Planning Services shall post a sign for the applicant on the property in question indicating that a MOBILE HOME has been requested for the property, the meeting date and a telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the meeting date and evidenced with a photograph. The Board of County Commissioners shall consider any testimony of surrounding property owners concerning the effects of the MOBILE HOME on surrounding property. The Board of County Commissioners shall also consider whether the application has demonstrated compliance with the requirements of Subsections A through D above, as well as compatibility of the MOBILE HOME with the surrounding area, harmony with the character of the NEIGHBORHOOD, its effects upon the immediate area and the general health, safety and welfare of the inhabitants of the area and the COUNTY. Amend Sec. 23-4-190. Temporary accessory use as office. A. A zoning permit for the USE of one (1) MANUFACTURED STRUCTURE in the A (Agricultural) Zone District as an OFFICE USE/CONSTRUCTION TRAILER accessory to the USE allowed by right may be permitted upon a determination by the Department of Planning Services that: 1. The MANUFACTURED STRUCTURE is necessary for the effective and economic operation of the principal USE. 2. The MANUFACTURED STRUCTURE will not be used for residential purposes. 3. Adequate water and sewage disposal facilities can be made available to the MANUFACTURED STRUCTURE. DA GE 4 2015-2189 4133135 Pages: 4 of 8 ORD2015-7 08/12/2015 10:39 AM R Fee:$0.00 Carly Koppes; Clerk and Recorder, Weld County, CO ■IIIkirdiViri'Ifrl3/4454�iI ��k��M�ti'��IF'i?ti�4�� IIII 4. No reasonable alternative is available to the applicant for an OFFICE USE/CONSTRUCTION TRAILER. 5. The applicant must obtain a BUILDING permit for the MANUFACTURED STRUCTURE and comply with all installation standards of Chapter 29 of this Code. A zoning permit shall not be required for a MANUFACTURED STRUCTURE in the A(Agricultural) Zone District if such information is already reflected in an approved Site Plan Review or Special Use Permit, as determined by the Planner. B. The Department of Planning Services shall make its determination on the basis of a signed statement by the applicant that the conditions of Paragraphs A.1 through A.5 above are met, upon information contained in the application, and upon independent evidence as may be available or which the staff may reasonably require. C. A zoning permit for a MANUFACTURED STRUCTURE used as an accessory OFFICE/CONSTRUCTION TRAILER unit in the A (Agricultural) Zone District may be issued by the Department of Planning Services upon a determination that the criteria of Paragraphs A.1 through A.5 above and Section 23-4-230 below are met. If the applicant is not able to meet the criteria stated in Paragraphs A.1 through A.5 above, the zoning permit may be issued only upon the approval by the Board of County Commissioners. The Board shall review the application for compliance with the criteria set out in Paragraphs A.1 through A.5 above at a regularly scheduled meeting of the Board. The Board of County Commissioners shall give notice of the application for a zoning permit and the meeting date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first-class, not less than ten (10) days before the scheduled meeting. 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 permit process, even if such error results in the failure of a surrounding property owner to receive such notification. The Department of Planning Services shall post a sign for the applicant on the property in question indicating that a MANUFACTURED STRUCTURE has been requested for the property, the meeting date and telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the meeting date and evidenced with a photograph. The Board of County Commissioners shall consider any testimony of surrounding property owners concerning the effects of the MANUFACTURED STRUCTURE on the surrounding properties. In addition, the Board shall consider compatibility of the MANUFACTURED STRUCTURE with the surrounding area, harmony with the character of the NEIGHBORHOOD, its effects upon the immediate area, and the general health, safety and welfare of the inhabitants of the area and the COUNTY. D. All MANUFACTURED STRUCTURES used as ACCESSORY OFFICE USES/CONSTRUCTION TRAILER to the principal USE in the A (Agricultural) Zone District are TEMPORARY and subject to the requirements for MOBILE HOMES as stated in Article III, Division 3, and Article III, Division 4 of this Chapter. The MANUFACTURED STRUCTURE shall be removed from the property upon the cessation of the USE of the MANUFACTURED STRUCTURE as an ACCESSORY OFFICE USE/CONSTRUCTION TRAILER to the business, commercial or industrial activity. The six-month limitation for this TEMPORARY use may be PAGE 5 2015-2189 4133135 Pages: 5 of 8 ORD2015-7 08/12/2015 10:39 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, Co Bill extended in six-month increments at the discretion of the Director of Planning Services up to two (2) times, and thereafter by the Board of County Commissioners. Amend Sec. 23-4-220. Mobile homes in C or I Zone District. A. A zoning permit for the USE of one (1) MOBILE HOME/MANUFACTURED STRUCTURE may be permitted as an ACCESSORY USE to the principal USE in certain C (Commercial) or I (Industrial) Zone Districts upon a determination by the Department of Planning Services that: 1. The MOBILE HOME/MANUFACTURED STRUCTURE is necessary for the effective and economic operation of the business, COMMERCIAL or industrial activity. 2. The MOBILE HOME/MANUFACTURED STRUCTURE will not be used for residential purposes other than for the purpose of the protection or control of the principal USE. 3. Adequate water and sewage disposal facilities are available to the MOBILE HOME/MANUFACTURED STRUCTURE. 4. The applicant must obtain a BUILDING permit for the MOBILE HOME and comply with the installation standards of Chapter 29 of this Code. A zoning permit shall not be required for a MOBILE HOME/MANUFACTURED STRUCTURE in the Commercial or Industrial Zone District if such information is already reflected in an approved Site Plan Review or Special Use Permit, as determined by the Planner. B. The Department of Planning Services shall make its determination on the basis of a signed statement by the applicant that the requirements of Paragraphs A.1 through A.4 above are met, upon information contained in the application, and upon independent evidence as may be available or which the staff may reasonably require. C. A zoning permit for more than one (1) MOBILE HOME/MANUFACTURED STRUCTURE in the C or I (Commercial or Industrial) Zone District as an ACCESSORY USE to the principal USE may be issued by the Department of Planning Services upon a determination that the criteria of Paragraphs A.1 through A.4 above and Section 23-4-230 of this Division are met. If the applicant is not able to meet the criteria stated in Section 23-4-230, the zoning permit may be issued only upon the approval by the Board of County Commissioners. The Board shall review the application for compliance with the criteria set out in Paragraphs A.1 through A.4 above at a regularly scheduled meeting of the Board. The Board of County Commissioners shall give notice of the application for a zoning permit and the meeting date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first-class, not less than ten (10) days before the scheduled meeting. 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 permit process, even if such error results in the failure of a surrounding property owner to receive such notification. The Department of Planning Services shall post a sign for the applicant on the property in question indicating that a MOBILE HOME/MANUFACTURED STRUCTURE has been requested for the property, the meeting date and telephone number where further information may be obtained. The sign shall be posted at PAGE 6 2015-2189 4133135 Pages: 6 of 8 ORD2015-7 08/12/2015 10:39 AM R Fee:$000 Carly Koppel Clerk and Recorder, Weld County. CO ■III�I�.r�I � '�'4�r�,l+ll4sf�w4k�+� Mt it III least ten (10) days prior to the meeting date and evidenced with a photograph. The Board shall consider any testimony of surrounding property owners concerning the possible effects of the MOBILE HOME/MANUFACTURED STRUCTURE on surrounding properties. In addition, the Board shall consider compatibility of the MOBILE HOME/MANUFACTURED STRUCTURE with the surrounding area, harmony with the character of the NEIGHBORHOOD, its effects upon the immediate area, and the general health, safety and welfare of the inhabitants of the area and the COUNTY. D. All MOBILE HOMES/MANUFACTURED STRUCTURES as ACCESSORY USES to the principal USE in C or I Zone Districts are TEMPORARY and subject to the requirements for MOBILE HOMES/MANUFACTURED STRUCTURES as stated in Article III, Division 3 and Article III, Division 4 of this Chapter. The MOBILE HOME shall be removed from the property upon the cessation of the USE of the MOBILE HOME/MANUFACTURED STRUCTURE as an ACCESSORY USE to the business, commercial or industrial activity. The six-month limitation for this TEMPORARY use may be extended in six-month increments at the discretion of the Director of Planning Services up to two (2) times, and thereafter by the Board of County Commissioners. Amend Sec. 23-4-700. Manufactured homes. A MANUFACTURED HOME does not require the approval of a zoning permit, unless on a temporary foundation. All structures meeting the definition of MOBILE HOME shall follow the zoning permit requirements of Division 3 in this Article of this Chapter. 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 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. lAGE 7 2015-2189 4133135 Pages: 7 of 8 ORD2015-7 08/12/2015 10:39 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII 10rrll1firu'hfiti Ill III The above and foregoing Ordinance Number 2015-7 was, on motion duly made and seconded, adopted by the following vote on the 20th day of July, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, C LORADO ATTEST: d.��%uw1/ (A Barbara Kirkmey r, Chair Weld County Clerk to the Board Mike Freeman, Pro-Tem �e ty Clerk to the Beard �! E L At,,.� ve P. Conwa R ED O • is6t ( `" '� L �.� :�►�. 1 ;aV Cozad .u y Attorney ��f i ��• /i,(��—c e..�+-rte eve Moreno Publication: May 6, 2015 First Reading: June 8, 2015 Publication: June 17, 2015, in the Greeley Tribune Second Reading: June 29, 2015 Publication: July 7, 2015, in the Greeley Tribune Final Reading: July 20, 2015 Publication: July 29, 2015, in the Greeley Tribune Effective: August 3, 2015 PAGE 8 2015-2189 4133135 Pages: 8 of 8 ORD2015-7 08/12/2015 10:39 AM R Fee:$0.00 Carly Koppes; Clerk and Recorder, Weld County, CO !kJ tiffIliIIAw�,�N�� Hello