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Home My WebLink About20140031.tiff 1-G- 20/v (dean KersittO WELD COUNTY CODE ORDINANCE 2013-15 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of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows.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: BIOSOLIDS: the accumulated treated residual product resulting from a domestic wastewater treatment works. Biosolids does not include grit or screenings from a wastewater treatment works, commercial or industrial sludges (regardless of whether the sludges are combined with domestic sewage), sludge generated during treatment of drinking water or domestic or industrial septage. DOMESTIC SEPTAGE: liquid or solid material removed from a septic tank, cesspool, portable toilet, Type Ill marine sanitation device or similar treatment works that receives only domestic sewage. Domestic septage does not include liquid or solid material removed from a septic tank, cesspool or similar treatment works that receives either commercial wastewater or industrial wastewater and does not include grease removed from a grease trap at a restaurant. PAGE 1 2014-0031 ORD2013-15 LONG RANGE DEVELOPMENT PLAN: A written plan which identifies Best Management Practices and an Emergency Operations Plan. The LONG RANGE DEVELOPMENT PLAN needs to be accepted by the Board of County Commissioners no later than September 1 of any given calendar year. Amendments to the plan can be made throughout the calendar year. A template for this form is available from the Department of Planning Services. PLANNING AREA: Is defined as the area within one (1) mile of any municipal boundary or is identified as "Prime Farmland" and/or "Irrigated Land" as provided appendix 23-G, County Planning Area Map. TANK: shall mean a stationary vessel that is used to contain fluids, constructed of non-earthen materials (e.g. concrete, steel, plastic, etc.) that provide structural support and which receive and store oil, gas and/or water directly from and as it is produced by a well. Amend: OIL AND GAS PRODUCTION FACILITIES: Consist of the oil or gas well, pumps, heater treaters, separators, meters, compressors, TANKS and other equipment directly associated with the producing well, all of which must be connected and functional. Table 23-1E Land Use Process for Siting Oil and Gas Production Facilities Zone R-1 R-2 R-3 R-4 R-5 C-1 C-2 C-3 C-4 I-I I-2 1-3 E PUD A Application USR USR USR USR USR USR USR USR USR UBR UBR UBR USR ** UBR USR—Use by Special Review SPR—Site Plan Review UBR—Use by Right *-Exempt from Site Plan Review(SPR) **—PUD—Called out by Zone District Requirements, unless specifically addressed in PUD application as a UBR. *In t-A(Ag)-SPR may be required depending upon size of facility. See Table 23.3. Delete: TANK BATTERY. (All referenced to TANK BATTERY will now referenced TANK.) DOMESTIC SEPTIC SLUDGE. Amend Sec. 23-2-150. Intent and applicability. A - No change. B. A Site Plan Review is required for USES in the following Zone Districts:A-1 (Concentrated Animal), Residential R-2, R-3 and R-4 Zone Districts except for those uses containing a single-family dwelling unit or duplex units where the two (2) units are not held in separate ownership, all Commercial Zone Districts, all Industrial Zone Districts, and any PUD Districts where a use would require a site plan review in an R-4, Commercial or Industrial Zone District. C and D - No change. PAGE 2 2014-0031 ORD2013-15 E. No Site Plan Review shall be required for: 1 through 3 - No change. 4. Certain OIL AND GAS PRODUCTION FACILITIES located in the A (Agricultural) Zone District (see Table 23.3). Remainder of Section - No change. Amend Sec. 23-3-20. Uses allowed by right. No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the A (Agricultural) Zone District except for one (1) or more of the following USES. Land in the A (Agricultural)Zone District is subject to the schedule of bulk requirements contained in Section 23-3-50 below. USES within the A (Agricultural) Zone District shall also be subject to the additional requirements contained in Articles IV and V of this Chapter. A through H - No change. I. OIL AND GAS PRODUCTION FACILITIES. All OIL AND GAS PRODUCTION FACILITIES in the A (Agricultural) Zone District require a Site Plan Review, and are subject to all of the Site Plan Review requirements outlined in Article II, Division 3, of this Chapter, unless otherwise exempted according to the following Table 23.3. Table 23.3 Site Plan Review Requirement for Oil and Gas Production Facilities Is a Site Plan Review("SPR')Required?.' Number of 12 TANKS or Between 13 and Between 33 and 48 TANKS, or More than 48 TANKS or fewer,or the 32 TANKS,or between the equivalent of TANKS,or more equivalent equivalent of between the 16,001 and 24,000 barrels of than 24,000 barrels barrels of 6,000 barrels of equivalent of storage capacity. of storage capacity. storage storage 6,001 and 16,000 capacity. capacity or less. barrels of storage capacity. SPR No. Yes,unless the Yes,unless the Board of County Yes,unless the required? Board of County Commissioners has accepted Board of County Commissioners the Oil and Gas Operator's Commissioners has has accepted the LONG RANGE accepted the Oil and Oil and Gas DEVELOPMENT PLAN,and: Gas Operator's Operator's LONG LONG RANGE RANGE (1)the OIL AND GAS DEVELOPMENT DEVELOPMENT PRODUCTION FACILITY is PLAN,and the PLAN. not located within a Director of PLANNING AREA;or Planning Services has waived the SPR 2)the OIL AND GAS requirement. The PRODUCTION FACILITY is Director may do so if located within a PLANNING he or she fmds the PAGE 3 2014-0031 ORD2013-15 AREA,and the Director of OIL AND GAS Planning Services waives the PRODUCTION SPR requirement because he or FACILITY is she finds that the OIL AND compatible with GAS PRODUCTION surrounding uses. FACILITY is compatible with surrounding uses;or (3)the number of TANKS will be reduced to 32 or fewer than, or the equivalent of 16,000 barrels of storage capacity within one(1)year after initial installation. J through U - No change. V. Disposal of BIOSOLIDS subject to the additional requirements of Chapter 14, Article VII. W. Disposal of DOMESTIC SEPTAGE subject to the additional requirements of Chapter 14, Article VI. 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 the additional requirements contained in Articles IV and V of this Chapter. Note: The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed after the original effective date of this Chapter(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 K- No change. L. Semi-trailer used as accessory storage. One (1) semi-trailer used as accessory storage may be permitted 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, according to the procedure and zoning permit requirements outlined in Section 23-4-900 of this PAGE 4 2014-0031 ORD2013-15 I _ Chapter for the purpose of storing goods inside the unit. Up to two (2) semi-trailers may be used as accessory storage on agricultural parcels not 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, without a zoning permit. Additional semi-trailers used as accessory storage may be allowed on all lot sizes and types, as described in Subsection 23-3-40.V below. M. COMMERCIAL VEHICLES. Parking and operation of one (1) COMMERCIAL VEHICLE may be permitted 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, according to the procedure and zoning permit requirements outlined in Section 23-4-950 of this Chapter. Parking and operation of one (1) COMMERCIAL VEHICLE may be allowed on property of less than eighty (80) acres in size, when not 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, without a zoning permit. Without the appropriate land use permits, only one (1) tractor trailer and one (1) two-rear-axle vehicle are permitted on a parcel of land less than eighty (80) acres. Parking and operation of up to five (5) COMMERCIAL VEHICLES may be allowed on property equal to or greater than eighty (80) acres in size when used to haul agricultural goods, equipment or livestock, as long as the number of trips does not exceed sixty (60) per day to and from the property. No additional COMMERCIAL VEHICLES are allowed, unless part of a commercial or industrial USE otherwise permitted by Subsection 23-3-40.S below. 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 DD - No change. EE. WIND GENERATORS requiring the issuance of a Use by Special Review Permit, as per Chapter 23, Article II, Division 4, and Chapter 23, Article IV, Division 6, of this Code. Remainder of Section No change. Also make the change from Division 12 to Division 6 in the following Weld County code sections: 23-3-30.N 23-3-210.C.5 23-3-210.D.10 23-3-220.C.5 23-3-220.D.8 PAGE 5 2014-0031 ORD2013-15 23-3-230.C.5 23-3-230.D.9 23-3-240.C.8 23-3-240.D.4 23-3-310.C.8 23-3-310.D.7 23-3-320.C.8 23-3-320.D.14 23-3-330.C.8 23-3-330.D.15 Amend Sec. 23-3-50. Bulk requirements. The following lists the bulk requirements for the A (Agricultural) Zone District. A through D - No change. E. No BUILDING or STRUCTURE, as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M and R in Section 302.1 of the 2012 International Building Code, shall be constructed within a two-hundred-foot radius of any tank battery, within a one-hundred-fifty-foot radius of any wellhead or within a twenty-five-foot radius of any plugged or abandoned oil and gas well. Any construction within a two-hundred-foot radius of any tank battery or one-hundred-fifty-foot radius of any wellhead shall require a variance from the terms of this Chapter in accordance with Subsection 23-6-10.C of this Code. F. Landscape and/or screening criteria may be based upon compatibility with existing adjacent lots and land uses. Remainder of Section - No change. Amend Sec. 23-3-310. I-1 (Industrial)Zone District. A- No change. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be used in the I-1 Zone District, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained, except for one (1) or more of the following USES. The USES must be conducted in compliance with the Performance Standards contained in Sections 23-3-340, 23-3-350 and 23-3-360 below. 1 through 7 - No change. 8. Disposal of DOMESTIC SEPTAGE subject to the additional requirements of Chapter 14, Article VI. Remainder of Section - No change. PAGE 6 2014-0031 ORD2013-15 Amend Sec. 23-3-320. 1-2 (Industrial)Zone District. A - No change. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained, except for one (1) or more of the following USES which must be conducted in compliance with the performance standards contained in Sections 23-3-340, 23-3-350 and 23-3-360 below. 1 through 7 - No change. 8. Disposal of DOMESTIC SEPTAGE subject to the additional requirements of Chapter 14, Article VI. Remainder of Section - No change. Amend Sec. 23-3-330. 1-3 (Industrial) Zone District. A - No change. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained, except for one (1) or more of the following USES which must be conducted in compliance with the performance standards contained in Sections 23-3-340, 23-3-350 and 23-3-360 below. 1 through 9 - No change. 10. Disposal of DOMESTIC SEPTAGE subject to the additional requirements of Chapter 14, Article VI. Remainder of Section - No change. Amend Sec. 23-3-440. Bulk requirements. The following Subsections list the bulk requirements for the E Zone District. A through K - No change. L. No BUILDING or STRUCTURE, as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M, R, S and U in Section 302.1 of the 2012 International Building Code, shall be constructed within a two-hundred-foot radius of any tank battery, within a one-hundred-fifty-foot radius of any wellhead or within a twenty-five-foot radius of any plugged or abandoned oil and gas well. Any construction within a two-hundred-foot radius of any tank battery or one-hundred-fifty-foot radius of any wellhead shall require a variance from the terms of this Chapter in accordance with Subsection 23-6-10.C of this Code. PAGE 7 2014-0031 ORD2013-15 Remainder of Section - No change. Amend Sec. 23-4-990. Home Occupation —Class II permit requirements. A and B - No change. C. Duties of Department of Planning Services and Board of County Commissioners. 1 through 4 - No change. 5. When, in the opinion of the Department of Planning Services, an applicant has not met one (1) or more of the standards of Paragraphs 23-4-990.D.1 through 8 and/or negative responses are received from at least thirty percent (30%) of the surrounding property owners within five hundred (500) feet of the subject property, a hearing shall be scheduled before the Board of County Commissioners. 6. The Board of County Commissioners shall hold a public hearing to consider the permit application and to take final action thereon if the Planning Staff has determined that the application has not met the standards of Paragraphs 23-3-990.D.1 through 8. The Board of County Commissioners' decision shall consider the recommendation of the Planning Staff, referral agency responses, the application case file and facts presented at the public hearing. The Board of County Commissioners shall approve the permit unless it finds that the applicant has not met one (1) or more of the standards as listed in Section 23-4-990. 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 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. PAGE 8 2014-0031 ORD2013-15 The above and foregoing Ordinance Number 2013-15 was, on motion duly made and seconded, adopted by the following vote on the 24th day of February, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: (AYE) Douglas Rademacher, Chair Weld County Clerk to the Board (AYE) Barbara Kirkmeyer, Pro-Tern BY: Deputy Clerk to the Board (NAY) Sean P. Conway APPROVED AS TO FORM: (AYE) Mike Freeman County Attorney (AYE) William F. Garcia Publication: November 20, 2013 First Reading: December 16, 2013 Publication: December 25, 2013, in the Greeley Tribune Second Reading: January 6, 2014 Publication: January 15, 2014, in the Fort Lupton Press Final Reading: January 27, 2014 Con't to: February 24, 2014 Publication: March 5, 2014, in the Fort Lupton Press Effective: March 10, 2014 PAGE 9 2014-0031 ORD2013-15 SLOW/ /4414 l- - Zviy (maid(maiduif v tteishn9 WELD COUNTY CODE ORDINANCE 2013-15 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: BIOSOLIDS: the accumulated treated residual product resulting from a domestic wastewater treatment works. Biosolids does not include grit or screenings from a wastewater treatment works, commercial or industrial sludges (regardless of whether the sludges are combined with domestic sewage), sludge generated during treatment of drinking water or domestic or industrial septage. DOMESTIC SEPTAGE: liquid or solid material removed from a septic tank, cesspool, portable toilet, Type Ill marine sanitation device or similar treatment works that receives only domestic sewage. Domestic septage does not include liquid or solid material removed from a septic tank, cesspool or similar treatment works that receives either commercial wastewater or industrial wastewater and does not include grease removed from a grease trap at a restaurant. PAGE 1 2014-0031 ORD2013-15 LONG RANGE DEVELOPMENT PLAN: A written plan which identifies Best Management Practices and an Emergency Operations Plan . The LONG RANGE DEVELOPMENT PLAN needs to be accepted by the Board of County Commissioners no later than February April 15September 1 of any given calendar year. Amendments to the plan can be made throughout the calendar year. A template for this form is available from the Department of Planning Services . PLANNING AREA : Is defined as the area within one ( 1 ) mile of any municipal boundary or is identified as "Prime Farmland" and/or " Irrigated Land" as provided appendix 23-G , County Planning Area Map. TANK: shall mean a stationary vessel that is used to contain fluids, constructed of non-earthen materials (e. g . concrete, steel , plastic, etc. ) that provide structural support and which receive and store oil , gas and/or water directly from and as it is produced by a well . Amend : OIL AND GAS PRODUCTION FACILITIES: Consist of the oil or gas well, pumps. heater treaters, separators, meters, compressors, TANKS and other equipment directly associated with the producing well , all of which must be connected and functional . Table 23-1E Land Use Process for Siting Oil and Gas Production Facilities Zone R-1 R-2 R-3 R-4 R-5 C-1 C-2 C-3 C-4 I-1 1-2 1-3 E PUD A Application USR USR USR USR USR USR USR USR USR UBR UBR UBR USR ** UBR *** USR — Use by Special Review SPR - Site Plan Review UBR — Use by Right * - Exempt from Site Plan Review (SPR) ** — PUD — Called out by Zone District Requirements, unless specifically addressed in PUD application as a UBR. *** - A (Ag) - SPR may be required depending upon size of facility See Table 23.3. Delete: TANK BATTERY. (All referenced to TANK BATTERY will now referenced TANK.) DOMESTIC SEPTIC SLUDGE. Amend Sec. 23-2-150. Intent and applicability. A - No change. B . A Site Plan Review is required for USES in the following Zone Districts: A- 1 (Concentrated Animal) , Residential R-2 , R-3 and R-4 Zone Districts except for those uses containing a single-family dwelling unit or duplex units where the two (2) units are not held in separate ownership, all Commercial Zone Districts. all Industrial Zone Districts, and any PUD Districts where a use would require a site plan review in an R-4 . Commercial or Industrial Zone District. Can and D - No change. PAGE 2 2014-0031 ORD2013- 15 E . No Site Plan Review shall be required for: 1 through 3 - No change. 4. Certain OIL AND GAS PRODUCTION FACILITIES located in the A (Agricultural) Zone District (see Table 23. 3) . Remainder of Section - No change. Amend Sec. 23-3-20. Uses allowed by right. No BUILDING , STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected . structurally altered . enlarged or maintained in the A (Agricultural) Zone District except for one ( 1 ) or more of the following USES . Land in the A (Agricultural) Zone District is subject to the schedule of bulk requirements contained in Section 23-3-50 below. USES within the A (Agricultural) Zone District shall also be subject to the additional requirements contained in Articles IV and V of this Chapter. A through H - No change. I . OIL AND GAS PRODUCTION FACILITIES . All OIL AND GAS PRODUCTION FACILITIES in the A (Agricultural) Zone District require a Site Plan Review, and are subject to all of the Site Plan Review requirements outlined in Article II , Division 3 , of this Chapter, unless otherwise exempted according to the following Table 23. 3. Table 23.3 Site Plan Review Requirement for Oil and Gas Production Facilities Is a Site Plan Review ("SPR ') Required? Number of Fewer than 12 Between -1-2-13. Between 33 and 48 TANKS. or More than 48 TANKS or TANKS_or and 32 TANKS, or between the equivalent of TANKS, or more equivalent fewer, or less between the 16,001 and 24,000 barrels of than 24,000 barrels barrels of than-the equivalent of storage capacity. of storage capacity. storage equivalent of 6,0006.001 and capacity. 6,000 barrels of 16,000 barrels of storage storage capacity. capacity or less. SPR No. Yes, unless the Yes, unless the Board of County Yes, unless the required? Board of County Commissioners has accepted Board of County Commissioners the Oil and Gas Operator's Commissioners has has accepted the LONG RANGE accepted the Oil and Oil and Gas DEVELOPMENT PLAN, and: Gas Operator's Operator's LONG LONG RANGE RANGE ( 1 ) the OIL AND GAS DEVELOPMENT DEVELOPMENT PRODUCTION FACILITY is PLAN, and the PLAN. not located within a Director of PLANNING AREA; or Planning Services has waived the SPR 2) the OIL AND GAS requirement. The PRODUCTION FACILITY is Director may do so if PAGE 3 2014-0031 ORD2013- 15 located within a PLANNING he or she finds the AREA, and the Director of OIL AND GAS Planning Services waives the PRODUCTION SPR requirement because he or FACILITY is she finds that the OIL AND compatible with GAS PRODUCTION surrounding uses. FACILITY is compatible with surrounding uses;or (3)the number of TANKS will be reduced to 32 or fewer than, or the equivalent of 16,000 barrels of storage capacity within one(1)year after initial installation. J through U - No change. V. Disposal of BIOSOLIDS subject to the additional requirements of Chapter 14, Article VII. W. Disposal of DOMESTIC SEPTAGE subject to the additional requirements of Chapter 14, Article VI. 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 the additional requirements contained in Articles IV and V of this Chapter. Note: The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed after the original effective date of this Chapter (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 K- No change. L. Semi-trailer used as accessory storage. One (1) semi-trailer used as accessory storage may be permitted 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, according to the PAGE 4 2014-0031 ORD2013-15 procedure and zoning permit requirements outlined in Section 23-4-900 of this Chapter for the purpose of storing goods inside the unit. Up to two (2) semi-trailers may be used as accessory storage on agricultural parcels not 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, without a zoning permit. Additional semi-trailers used as accessory storage may be allowed on all lot sizes and types, as described in Subsection 23-3-40.V below. M. COMMERCIAL VEHICLES. Parking and operation of one (1) COMMERCIAL VEHICLE may be permitted 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, according to the procedure and zoning permit requirements outlined in Section 23-4-950 of this Chapter. Parking and operation of one (1) COMMERCIAL VEHICLE may be allowed on property of less than eighty (80) acres in size, when not 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, without a zoning permit. Without the appropriate land use permits, only one (1) tractor trailer and one (1) two-rear-axle vehicle are permitted on a parcel of land less than eighty (80) acres. Parking and operation of up to five (5) COMMERCIAL VEHICLES may be allowed on property equal to or greater than eighty (80) acres in size when used to haul agricultural goods, equipment or livestock, as long as the number of trips does not exceed sixty (60) per day to and from the property. No additional COMMERCIAL VEHICLES are allowed, unless part of a commercial or industrial USE otherwise permitted by Subsection 23-3-40.S below. 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 DD - No change. EE. WIND GENERATORS requiring the issuance of a Use by Special Review Permit, as per Chapter 23, Article II, Division 4, and Chapter 23, Article IV, Division 6, of this Code. Remainder of Section No change. Also make the change from Division 12 to Division 6 in the following Weld County code sections: 23-3-30.N 23-3-210.C.5 23-3-210.D.10 23-3-220.C.5 PAGE 5 2014-0031 ORD2013-15 23-3-220.D.8 23-3-230.C.5 23-3-230.D.9 23-3-240.C.8 23-3-240.D.4 23-3-310.C.8 23-3-310.D.7 23-3-320.C.8 23-3-320.D.14 23-3-330.C.8 23-3-330.D.15 Amend Sec. 23-3-50. Bulk requirements. The following lists the bulk requirements for the A (Agricultural) Zone District. A through D - No change. E. No BUILDING or STRUCTURE, as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M and R in Section 302.1 of the 2012 International Building Code, shall be constructed within a two-hundred-foot radius of any tank battery, within a one-hundred-fifty-foot radius of any wellhead or within a twenty-five-foot radius of any plugged or abandoned oil and gas well. Any construction within a two-hundred-foot radius of any tank battery or one-hundred-fifty-foot radius of any wellhead shall require a variance from the terms of this Chapter in accordance with Subsection 23-6-10.C of this Code. F. Landscape and/or screening criteria may be based upon compatibility with existing adjacent lots and land uses. Remainder of Section - No change. Amend Sec. 23-3-310. I-1 (Industrial)Zone District. A - No change. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be used in the I-1 Zone District, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained, except for one (1) or more of the following USES. The USES must be conducted in compliance with the Performance Standards contained in Sections 23-3-340, 23-3-350 and 23-3-360 below. 1 through 7 - No change. 8. Disposal of DOMESTIC SEPTAGE subject to the additional requirements of Chapter 14, Article VI. Remainder of Section - No change. PAGE 6 2014-0031 ORD2013-15 Amend Sec. 23-3-320. 1-2 (Industrial) Zone District. A - No change. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained, except for one (1) or more of the following USES which must be conducted in compliance with the performance standards contained in Sections 23-3-340, 23-3-350 and 23-3-360 below. 1 through 7 - No change. 8. Disposal of DOMESTIC SEPTAGE subject to the additional requirements of Chapter 14, Article VI. Remainder of Section - No change. Amend Sec. 23-3-330. 1-3 (Industrial)Zone District. A- No change. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained, except for one (1) or more of the following USES which must be conducted in compliance with the performance standards contained in Sections 23-3-340, 23-3-350 and 23-3-360 below. 1 through 9 - No change. 10. Disposal of DOMESTIC SEPTAGE subject to the additional requirements of Chapter 14, Article VI. Remainder of Section - No change. Amend Sec. 23-3-440. Bulk requirements. The following Subsections list the bulk requirements for the E Zone District. A through K- No change. L. No BUILDING or STRUCTURE, as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M, R, S and U in Section 302.1 of the 2012 International Building Code, shall be constructed within a two-hundred-foot radius of any tank battery, within a one-hundred-fifty-foot radius of any wellhead or within a twenty-five-foot radius of any plugged or abandoned oil and gas well. Any construction within a two-hundred-foot radius of any tank battery or one-hundred-fifty-foot radius of any wellhead shall require a variance from the terms of this Chapter in accordance with Subsection 23-6-10.C of this Code. PAGE 7 2014-0031 ORD2013-15 Remainder of Section - No change. Amend Sec. 23-4-990. Home Occupation —Class II permit requirements. A and B - No change. C. Duties of Department of Planning Services and Board of County Commissioners. 1 through 4 - No change. 5. When, in the opinion of the Department of Planning Services, an applicant has not met one (1) or more of the standards of Paragraphs 23-4-990.D.1 through 8 and/or negative responses are received from at least thirty percent (30%) of the surrounding property owners within five hundred (500)feet of the subject property, a hearing shall be scheduled before the Board of County Commissioners. 6. The Board of County Commissioners shall hold a public hearing to consider the permit application and to take final action thereon if the Planning Staff has determined that the application has not met the standards of Paragraphs 23-3-990.D.1 through 8. The Board of County Commissioners' decision shall consider the recommendation of the Planning Staff, referral agency responses, the application case file and facts presented at the public hearing. The Board of County Commissioners shall approve the permit unless it finds that the applicant has not met one (1) or more of the standards as listed in Section 23-4-990. 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 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. PAGE 8 2014-0031 ORD2013-15 The above and foregoing Ordinance Number 2013-15 was, on motion duly made and seconded, adopted by the following vote on the 24th day of February, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: (AYE) Douglas Rademacher, Chair Weld County Clerk to the Board (AYE) Barbara Kirkmeyer, Pro-Tem BY: Deputy Clerk to the Board (NAY) Sean P. Conway APPROVED AS TO FORM: (AYE) Mike Freeman County Attorney (AYE) William F. Garcia Publication: November 20, 2013 First Reading: December 16, 2013 Publication: December 25, 2013, in the Greeley Tribune Second Reading: January 6, 2014 Publication: January 15, 2014, in the Fort Lupton Press Final Reading: January 27, 2014 Con't to: February 24, 2014 Publication: March 5, 2014, in the Fort Lupton Press Effective: March 10, 2014 PAGE 9 2014-0031 ORD2013-15 Hello