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WELD COUNTY
CODE ORDINANCE 2014-7
CR IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 23 ZONING AND CHAPTER 24 SUBDIVISIONS, 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and hereby are, repealed and re-enacted, with amendments, and the various Chapters are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. 23-11 -310. Definitions, as follows:
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 .
LOWEST FLOOR: The LOWEST FLOOR of the lowest enclosed area.. including any
crawispace or BASEMENT. Any floor used for living purposes which includes working , storage,
sleeping , cooking , and eating or recreation , or any combination thereof. This includes any floor
that could be converted to such a use, such as a BASEMENT or crawlspace. Any unfinished or
FLOOD-resistant enclosure, usable solely for parking of vehicles , BUILDING access or storage in
an area other than a BASEMENT area , is not considered a BUILDING'S LOWEST FLOOR;
provided that such enclosure is not built so as to render the STRUCTURE in violation of the
applicable nonelevation requirement of 44 CFR 60. 3.
Add : CRAWL SPACE: shall mean any unfinished area of a building having its improved or
unimproved floor subgrade (below ground level) on all sides and the interior height of which ,
measured from the lowest interior grade to the highest point of the foundation , is four (4) feet or
less. CRAWL SPACE shall be constructed to be in compliance with FEMA Technical Bulletin
;TB) 11 .
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Amend Sec. 23-11 -330. Duties of FLOODPLAIN ADMINISTRATOR.
Duties and responsibilities of the FLOODPLAIN ADMINISTRATOR shall include , but not
be limited to, the following :
A. Per 44 CFR 60. 3(b) , maintain and hold open for public inspection all records pertaining to
the provisions of this ORDINANCE , including the actual elevation in relation to MEAN SEA
LEVEL of the LOWEST FLOOR, including crawlspace or BASEMENT, of all new or
SUBSTANTIALLY IMPROVED STRUCTURES and FLOODPROOFING certificates as
required by this ORDINANCE .
Remainder of Section - No Change.
Amend Sec. 23-11 -360. General standards.
In all SPECIAL FLOOD HAZARD AREAS , the following provisions are required for all
DEVELOPMENT, NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS :
A through I - No Change.
J . Per CWCB FLOODPLAIN Rule 11 , a FLOODPLAIN DEVELOPMENT PERMIT shall not
be issued for the construction of a new STRUCTURE or ADDITION to an existing
STRUCTURE on a property removed from the FLOODPLAIN by the issuance of a FEMA
LOMR-F, if the LOWEST FLOOR ELEVATION , including the BASEMENT or crawlspace,
is less than one ( 1 ) foot (twelve [ 12] inches) above the BASE FLOOD ELEVATION that
existed prior to the placement of FILL.
Remainder of Section - No Change .
Amend Sec. 23-11 -370. Specific standards for Approximate Floodplains (Zone A).
In addition to the general standards in Section 23- 11 -360 above, the following provisions
are required for all NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS that are
located in SPECIAL FLOOD HAZARD AREAS designated as Zone A (Approximate Floodplain) :
A. Per 44 CFR 60. 3(b) and CWCB FLOODPLAIN Rule 11 , all NEW CONSTRUCTION or
SUBSTANTIAL IMPROVEMENT of any residential STRUCTURE shall have the
LOWEST FLOOR (including BASEMENT or crawispace) ELEVATED a minimum of one
( 1 ) foot above the BASE FLOOD ELEVATION . Upon completion of the STRUCTURE , the
elevation of the LOWEST FLOOR, including BASEMENT or crawlspace, shall be certified
by a registered Colorado land surveyor. The certificate shall utilize FEMA's Elevation
Certificate and must include all information requested on the Elevation Certificate.
B. Per 44 CFR 60. 3(b) , with the exception of CRITICAL FACILITIES , all NEW
CONSTRUCTION or SUBSTANTIAL IMPROVEMENT of any commercial , industrial or
other nonresidential STRUCTURES shall either have the LOWEST FLOOR (including
BASEMENT or crawlspace) ELEVATED a minimum of one ( 1 ) foot above the BASE
FLOOD ELEVATION or, together with attendant utility and sanitary facilities, be designed
so that at one ( 1 ) foot above the BASE FLOOD level , the structure is WATERTIGHT with
walls substantially impermeable to the passage of water and with structural components
having the capability of resisting hydrostatic and hydrodynamic loads and the effects of
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buoyancy. A registered professional engineer or architect licensed in the State shall
develop and/or review structural design , specifications and plans for construction , and
shall certify that the design and methods of construction are in accordance with accepted
standards of practice.
Remainder of Section - No Change .
Amend Sec. 23-11 -380. Specific standards for FLOODPLAINS with BASE FLOOD
ELEVATIONS (Zones A1 -A30, AH, AO and AE).
In addition to the general standards in Section 23-11 -360 above and specific standards for
Approximate Floodplains in Section 23- 11 -370 above, the following provisions are required for all
NEW CONSTRUCTION AND SUBSTANTIAL IMPROVEMENTS that are located in SPECIAL
FLOOD HAZARD AREAS designated as Zones A1 -A30 , AH , AO and AE :
A through D - No Change.
E. Per 44 CFR 60. 3(c) , Zone AO (shallow flooding) areas can be located within the SPECIAL
FLOOD HAZARD AREA. These SPECIAL FLOOD HAZARD AREAS are associated with
BASE FLOOD depths of one ( 1 ) to three (3) feet where a clearly defined CHANNEL does
not exist and where the path of FLOODING is unpredictable and where velocity flow may
be evident. Such FLOODING is characterized by ponding or sheet flow. The following
provisions shall apply:
1 . All NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS of residential
STRUCTURES shall have the LOWEST FLOOR (including BASEMENT—OF
crawlspace) ELEVATED above the HIGHEST ADJACENT GRADE at least one ( 1 )
foot above the depth number specified in feet on the FIRM . If no depth number is
provided on the FIRM , the LOWEST FLOOR (including BASEMENT or
crawlspace) shall be a minimum of three (3) feet above the HIGHEST ADJACENT
GRADE . Upon completion of the STRUCTURE , the elevation of the LOWEST
FLOOR, including the BASEMENT or crawlspace, shall be certified by a registered
Colorado land surveyor. Such certification shall be submitted to the FLOODPLAIN
ADMINISTRATOR.
2 . With the exception of CRITICAL FACILITIES , all NEW CONSTRUCTION or
SUBSTANTIAL IMPROVEMENT of any commercial , industrial or other
nonresidential STRUCTURES shall either have the LOWEST FLOOR (including
BASEMENT or crawispace) ELEVATED to a minimum of one ( 1 ) foot above the
BASE FLOOD ELEVATION (at least three [3] feet if no depth number is specified)
or, together with attendant utility and sanitary facilities, be designed so that, at one
( 1 ) foot above the BASE FLOOD level , the structure is WATERTIGHT with walls
substantially impermeable to the passage of water and with structural components
having the capability of resisting hydrostatic and hydrodynamic loads and the
effects of buoyancy. A registered professional engineer or architect licensed in the
State shall develop and/or review structural design , specifications and plans for
the construction , and shall certify that the design and methods of construction are
in accordance with accepted standards of practice.
Remainder of Section - No Change.
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Division 6 Violations and Penalties
Amend Sec. 23-11 -430. VIOLATIONS and penalties.
The enforcement of Article XI shall be in accordance with Article X of this Chapter. The
COU \TY, tirougi i tie Department of Panning Services or of ier cepartments so autiorizec, may
enforce this ORDINANCE through methods included in this ORDINANCE or through other
methods adopted by the Board of County Commissioners. The methods provided in this
ORD NANCE for vio ations anc pena ties are autiorized by Sections 30 28 ' 24 anc 30 28 ' 2/ .5,
C . R. S. Engineering s-a=f in - ie Deparmen: o= Jub is Wor<s sia assist = N
ADM N STRATOR in tie interpretation anc ca cu ations of tie engineering aspects or
components of enforcement
Delete Sec. 23-11 -440. Criminal penalties.
A. t is un awfu to erect, construct, reconstruct or a ter any BU LD NG or STRUCTURE in
vio ation of any provision of tiis ORD NANCE. Any person, firm or corporation vio ating
any provision of tiis ORD NANCE is gui ty of a miscemeanor anc, upon conviction
thereof, shall be punished by a fine of not more than one hundred dollars ($100. 00) or by
imprisonment in tie COUNTY :ai for not more tian ten ( ' 0) days, or by boti suci fine anc
imprisonment. Eaci cay curing wiicn suci i ega erection , construction, reconstruc-ion or
alteration continues shall be deemed a separate offense.
t is un awfu to USE any BU LD NG, STRUCTURE or anc in vio ation of any provision of
tiis ORD NANCE. Any person , firm or corporation vio ating any provision of tiis
ORDINANCE is gui ty o: a miscemeanor anc , upon conviction thereof, sia be punisiec
by a fine of not more tian one iundrec co ars ($' 00. 00) or by imprisonment in tie
COUNTY 'al for not more tian ten ( ' 0) cays, or by boti suc i fine anc imprisonment. Each
day during which such illegal USE of any BUILDING, STRUCTURE or land continues
shall be deemed as a separate offense.
C . Whenever the Department of Planning Services, through one ( 1 ) of its employees, has
persona <now ecge of any V- OLAT ON of tiis ORD NANCE, it sia give written notice to
tie vio ator to correct suci V OLAT O \ within thirty (30) Gays after tie cate of suci notice.
Should the violator fail to correct the VIOLATION within such thirty-day period, the
Department of Planning Services may reques- •na- - le We a County Sieri's O ice issue
a summons and complaint to the violator, stating the nature of the VIOLATION with
sufficient particularity to give notice of said charge to the violator. The summons and
complaint shal require tiat tie vio ator appear in court at a ceini-e •ime anc p ace statec
therein to answer and defend the charge. One ( 1 ) copy of said summons and complaint
sia be servec upon tie vio ator by tie Sieriffs Office in tie manner provicec by aw :or
tie service of a crimina summons. One ( ' ) copy eaci sia be retainec by tie Sieriffs
Office and the Department of Planning Services and one ( 1 ) copy shall be transmitted to
the Clerk of the Court.
Q t is tie responsibi ity of tie County Attorney to en-orce tie provisions o- - its Section. n
ie event tie Boarc County Commissioners ceems it appropriate, the Board of County
Commissioners may appoint tie District Attorney to perorm suci enforcement cuties in
lieu of the County Attorney.
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Delete Sec. 23-11 -450. Equitable relief in civil action.
n case any DEVELOPMENT, BU LD NG or STRUCTURE is or is proposec to be erecter;
constructed, roconstructec , a terec or USED, or any anc is or is proposes to be USED, in
VIOLATION of any provision of his ORD NANCE , tie County Attorney or, wnere tie Boars of
County Commissioners ceems it appropriate, tie District Attorney, in accition to tie other
remecies provieec by aw, ordnance or reso ution, may institute an injunction, mancamus,
abatement or other appropriate action or proceecing to prevent, en:oin, abate or remove suci
unlawful erection, construction, reconstruction, alteration or USE .
Delete Sec. 23-11 -460. Civil penalties.
A It is unlawful to erect, construct, reconstruct, alter or USE any BUILDING, STRUCTURE or
land in violation of this ORDINANCE. In addition to any penalties imposed pursuant to
Sections 23 1 ' 470 anc 23 1 '---450 above, any person, firm or corporation vio ating any
such regulation, provision or amendment thereof or any provision of this ORDINANCE
may be subject to tie imposition, by orcer of tie COUNTY Court, of a civi pena ty in an
amount of not less than two hundred fifty dollars ($250. 00) nor more than five hundred
dollars ($500.00) . It is within the discretion of the County Attorney to determine whether to
pursue the civil penalties set forth in this Subsection , the remedies set forth above or any
combination of the three (3). Each day after the issuance of the order of the COUNTY
Court curing wiici suci un awfu activity continues sla be ceemec a separate
VIOLATION and shall, in accordance with the subsequent provisions of this Section, be
the subject of a continuing pena ty in an amount not to exceec fifty co ars ($50.00) for
eaci suci say. Unti pair, any civi pena ty orcerec by tie COUNTY Court anc assesses
under this Subsection shall , as of recording, be a lien against the property on which the
vio ation -las been founc to exist. n case tie assessment is not paid within tnirty (30)
days, it may be certified by the County Attorney to the County Treasurer, who shall collect
the assessment, together with a ten-percent penalty for the cost of collection, in the same
manner as o: uer :axes are co ec-ec . Tie aws o= : ue S-a-e or assessrren: anc co ec..on
of genera taxes, inc- using tie aws for tie sa e anc recemption of property for taxes, s is
app y to tie co ection of assessments pursuant to his Subsection. Any ien p aced -
against the property pursuant to this Subsection shall be recorded with the County Clerk
and Recorder.
B In - le even- any BU _D NG or SeRUC—URE is erec-ec , cons:ruc-ec , recons-ruc-ec ,
altered or used, or any land is used in VIOLATION of this ORDINANCE, the County-
Attorney, in addition to other remedies provided by law, may commence a civil action in
County Court or tie COUNTY, see<ing tie imposition of a civi pena ty in accordance wit -)
the provisions of this Section.
C . The Department of Planning Services, through one ( 1 ) of its employees, shall, upon
personal information and a belief that a VIOLATION of any regulation or provision of this
ORDINANCE exists, give written notice to the violator to correct such VIOLATION within
ten CO) says a'-er - le cate o= suci notice. : ue vio ator -ai s to correc- tie V O _A— ON
within suci ten-cay perioc or within any extension perioc grantee by the Department of
P anning Services, tie Department of P anning Services may request tiat tie County
Sheriff or the County Attorney issue a summons and complaint to the violator, stating the
nature of the VIOLATION-with sufficient particularity to give notice of such charge to the
violator.
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D. One ( ' ) copy of tie summons anc comp aint issue& pursuant to Subsection C. above sia
be servec upon tie vio ator in tie manner provicec by aw for tie service of a County-
Court civi summons anc complaint in accorcance wit i tie Co oraco Ru es of County
Court Civi Procecure. Tie summons anc comp aint sia a so be fi ec wits tie C er-c of tie
County Court, anc hereafter tie action sia proceed in accorcance witi tie Co oraco-
Rules of County Court Civil Procedure.
E . -f tie County Court fincs, by a preponcerance of tie evicence, tiat a V OLAT ON of any
regu a-ion or provision ORD NA `CE ias occurrec , tie Court sia orcer - ie vio a:or
to pay a civi pena ty in an amount a owed pursuant to Subsection A. above. Suci pena ty
shall be payable immediately by the violator to the County Treasurer. In the event that the
alleged VIOLATION has been cured or otherwise removed at least five (5) days prior to
the appearance date in the summons, then the County Attorney shall also inform the Court
anc request tiat tie action be cismissec wit tout fine or appearance o= tie ce-encant.
F . Upon the filing with the Court of a receipt issued by the County Treasurer showing
payment in full of a civil penalty assessed pursuant to this Section and upon the filing of an
affidavit of the Department of Planning Services that the VIOLATION has been cured,
removec or correc-ec, : ie CoA r s - a cssm*ss - ie ac- or arc Issue a sa-*s=ac:.or r o=
the judgment so entered.
If a receipt showing ful payment of tie civi pena ty or tie aficavit requirec by Subsection
F. above is not fi ec , tie action sia continue anc tie Court sna retain lurisciction to
impose an additional penalty against the violator in the amount specified in Subsection A.
of tiis Section. Suci accitiona pena ty sia be imposec by tie Court upon motion fi ec- by
the COUNTY and proof that the VIOLATION has not been cured , removed or corrected.
Thereafter, tie action sia continue tie pena ty anc any additional penalties so assessed
anc tie fi ing of an afficavit of tie Department P anning Services teat tie V OLAT ON-
has been cured, removed or corrected.
Renumber subsequent Sections.
CHAPTER 24
SUBDIVISIONS
Amend Sec. 24-1 -30. Statement of purpose.
The purpose of this Chapter is to achieve orderly and efficient development by:
A through N - No change.
O. Restricting or regulating building in special flood hazard overlay district areas,
shorelands , areas covered by poor soils or areas poorly suited for building or
construction .
Remainder of Section - No change.
Amend Sec. 24-7-110. Sketch plan storm drainage requirements.
A and B - No change.
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C . The sketch plan drainage report shall be in accordance with the following outline and
contain the applicable information listed . Failure to comply with the provisions of this
Section may result in the report being rejected for review.
1 through 4 - No change.
5. A general description of the drainage basin and sub-basins, including :
a . The reference of any major drainage way planning study, such as master
drainage basin planning studies, flood hazard delineation reports and flood
insurance studies or maps, if available. The design will conform with the
South Weld 1-25 Corridor Master Drainage Plan if the site is within the
identified basins.
Remainder of Section - No change.
Amend Sec. 24-7-150. Flood hazard overlay district requirementsSpecial Flood Hazard
Area.
If a subdivision or portion of a proposed subdivision is located in a flood hazard overlay
district areaSpecial Flood Hazard Area, all applicable regulations of Chapter 23 of this Code shall
be met.
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 .
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The above and foregoing Ordinance Number 2014-7 was, on motion duly made and
seconded , adopted by the following vote on the 14th day of July, A. D. , 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Douglas Rademacher, Chair
Weld County Clerk to the Board
Barbara Kirkmeyer, Pro-Tem
BY:
Deputy Clerk to the Board
Sean P . Conway
APPROVED AS TO FORM :
Mike Freeman
County Attorney
William F. Garcia
Publication : May 7 , 2014
First Reading : June 2 , 2014
Publication : June 11 , 2014 . in the Greeley Tribune
Second Reading: June 23, 2014
Publication : July 2 , 2014 , in the Greeley Tribune
Final Reading : July 14, 2014
Publication : July 23, 2014 , in the Greeley Tribune
Effective: July 28, 2014
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