Pursuant to the Weld County Home Rule Charter, Ordinance Number 2026-04 published below, was introduced and, on motion duly made and seconded, approved upon first reading on July 22, 2026. A public hearing and second reading is scheduled to be held in the Chambers of the Board, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, on August 10, 2026. All persons in any manner interested in the reading of said Ordinance are requested to attend and may be heard.
In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 400-4225 prior to the day of the hearing.
Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, or may be accessed through the Weld County website (www.weld.gov). Email messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your email correspondence into the case file, please send a copy to egesick@weld.gov.
Ordinance No. 2026-04
Ordinance Title: In the Matter of Repealing and Reenacting, with Amendments, Chapter 2 Administration, Chapter 21 Areas and Activities of State Interest, and Chapter 23 Zoning of the Weld County Code
Date of Next Reading: August 10, 2026, at 9:00 a.m.
Board of County Commissioners
Weld County, Colorado
Dated: July 23, 2026
Published: July 29, 2026, in the Greeley Tribune
Ordinance Language:
Weld County Code Ordinance 2026-04
In the Matter of Repealing and Reenacting, with Amendments, Chapter 2 Administration, Chapter 21 Areas and Activities of State Interest, 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 Weld County, 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 Chapter 2 Administration, Chapter 21 Areas and Activities of State Interest, and Chapter 23 Zoning of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, to read as follows.
Chapter 2 - Administration
Article III - Planning and Zoning Matters
Amend Sec. 2-3-10. - Previously denied applications for land use matters.
A., no change.
B. For purposes of this section, land use application includes applications for any amendments to the zoning map under Division 1 of Article II of Chapter 23; use by special review permits under Division 4 of Article II of Chapter 23; zoning permits under Division 17 of Article IV of Chapter 23; subdivisions under Chapter 24; or planned unit developments under Chapter 27.
C. through I., no change. Delete J.
Chapter 21 - Areas and Activities of State Interest
Article III - Site Selection and Construction of Major Facilities of a Public Utility
Division 1 - General and Introductory Provisions
Amend Sec. 21-3-20. Definitions.
Change all italicized words in this section to non-italics.
In addition to the terms defined in Section 21-1-90 of this Code, the following terms specific to the designation of site selection and construction of major facilities of a public utility shall be construed to have the meanings set forth as follows:
Delete Large scale solar facility.
Amend Major facilities of a public utility means the following. (This definition includes all electrical utilities’ facilities, regardless of whether they are subject to the jurisdiction of the Colorado Public Utilities Commission, which primarily generate and/or transmit electrical power to entities off-site):
1. Any transmission lines and appurtenant facilities that meet all of the following criteria
a. Either a series of three (3) or more structures erected above ground which support one (1) or more conductors or a power line placed underground.
b. The lines emanate from a power plant or a substation/transition site and terminate at a substation/transition site.
c. The lines are designed to transmit electrical voltages of one hundred fifteen kilovolts (115 kV) or greater.
2. Power plants of electrical utilities and having a total combined generating capacity of fifty megawatts (50 MW) or more, and any facilities appurtenant thereto, or any expansion, extension, or enlargement thereof that would increase the total combined capacity to fifty megawatts (50 MW) or more.
3. Substations designed to provide switching, voltage transformation, or voltage control required for the transmission of electricity at one hundred fifteen kilovolts (115 kV) or greater.
4. Any appurtenant facilities of a public utility which in the opinion of the Board either by itself or in conjunction with other major facilities of a public utility are likely to cause a major impact upon the health, welfare or safety of the citizens of the County, or upon the physical, social or economic environment of the County.
Amend Power plant: Any electrical energy generation, excluding solar energy facilities.
Amend Public utilities: As used in these 1041 Regulations, means the term as defined by Section 40-1-103, C.R.S.
Delete Storage area.
Amend Substation: Any facility designed to provide switching, voltage transformation, or voltage control required for the transmission of electricity.
Amend Transmission lines: Any electrical lines and appurtenant facilities, excluding any such line that is approved as part of a land use application under Chapter 23 of this code.
All other definitions in this section remain unchanged.
Amend Sec. 21-3-30. - Applicability.
These 1041 Regulations shall apply to site selection of major facilities of any public utility to be located wholly or partially within the unincorporated territory of the County.
Amend Sec. 21-3-40. - Relationship of Section 1041 Regulations to other county, state, and federal requirements affecting major facilities of a public utility.
A. Nothing in these 1041 Regulations shall be construed as exempting an applicant for a permit from any other requirements of this County or other state, or federal laws and regulations.
B. To the extent that the requirements of these 1041 Regulations differ from any other applicable requirements, the more restrictive requirements shall apply.
C. Nothing in these 1041 Regulations shall be construed as enhancing or diminishing the power and authority of municipalities, counties or the Public Utilities Commission. Any order, rule or directive issued by any governmental agency pursuant to these 1041 Regulations shall not be inconsistent with or in contravention of any decision, order or finding of the Public Utilities Commission with respect to public convenience and necessity. The Public Utilities Commission and public utilities shall take into consideration and, when feasible, foster compliance with adopted master plans of local governments, regions and the state.
D. Nothing in these 1041 Regulations shall be construed as enhancing or diminishing the rights and procedures with respect to the power of a public utility to acquire property and rights-of-way by eminent domain to serve public need in the most economical and expedient manner.
Division 2 - Designation of Site Selection and Construction of Major Facilities of a Public Utility
Amend Sec. 21-3-210. Boundaries of area covered by designation.
The site selection and construction of any major facility of a public utility, as defined herein, being wholly or partially within the boundaries of the County, shall be subject to this designation and these 1041 Regulations.
Division 3 - Permit Program for Site Selection and Construction of a Major Facility of a Public Utility
Amend Sec. 21-3-300. - Prohibition on site selection and construction of a major facility of a public utility without permit.
A. No person may locate and construct a major facility of a public utility wholly or partially within the unincorporated portions of this County without first obtaining a permit pursuant to these 1041 Regulations.
B. No local authority, including the County, may issue a building permit for purposes of selecting a site for and constructing a major facility of a public utility wholly or partially within the unincorporated portions of the County without the applicant first having obtained a permit pursuant to these 1041 Regulations.
Amend Sec. 21-3-310. - Procedural requirements.
A. through C., no change.
D. The requirements of these 1041 Regulations shall not be deemed to waive the requirements of Section 40-5-101 et seq., C.R.S., if applicable, that a public utility obtain a certificate of public convenience and necessity.
E., no change.
Amend Sec. 21-3-320. - Preapplication conference.
A., no change.
B. Topics of discussion shall include, but not be limited to:
1. and 2., no change.
3. Community policy considerations including the review process and likely conformity of the proposed development with the policies and requirements of these 1041 Regulations.
4. and 5., no change.
C. Any comments or commitments made by any employee of the County as to the merits of the substance of the application during this preapplication conference are only preliminary in nature and should not be relied upon by the applicant. All prospective applicants should be informed that formal comments cannot be made by staff until after the application is submitted and adjacent or nearby property owners and referral agencies have had an opportunity to respond, if applicable.
D., no change.
E. The Planning Department shall consider the County's application requirements for the project, and shall notify the applicant either at the pre-application conference or within ten (10) days thereafter in writing of such requirements, including, but not limited to, the extent of the project area to be considered, the submittal requirements that may be waived by the County, and any particular submittal requirements in addition to those specified in these 1041 Regulations.
Amend Sec. 21-3-330. - Application submittal requirements.
A. In addition to the requirements in Article II of this Chapter, an application for a major facility of a public utility, as defined in Section 21-3-20, shall include a description of similar facilities in the area and the region.
B. and C., no change.
Amend Sec. 21-3-340. - Approval of permit application.
A. The Board of County Commissioners shall approve an application for permit for site selection and construction of a major facility of a public utility (with reasonable conditions, if any, in the discretion of the Board of County Commissioners) only if the proposed site selection and construction complies with the following criteria, to the extent applicable, and taking into consideration the purpose and intent of these 1041 Regulations, as set forth in Section 21-3-10: (The Board may rely upon the findings and approvals of other governmental entities having jurisdiction over those criteria listed below with respect to their environmental determinations or regulatory compliance.)
1. and 2., no change.
3. All reasonable alternatives to the proposed action, including, but not limited to, use of existing easements, have been adequately assessed and the proposed action is compatible with and represents the best interests of the people of the County and represents a fair and reasonable utilization of resources in the impact area.
4., no change.
5. The nature and location or expansion of the facility complies with all applicable provisions of the Weld County Comprehensive Plan, and other applicable regional, metropolitan, state, and municipal plans.
6. through 11., no change.
12. Adequate electric, water, sewage, and other utilities exist or shall be developed to service the site.
13. through 17., no change.
18. The benefits of the proposed facility outweigh the losses of any natural resources or reduction of productivity of agricultural lands as a result of the proposed development.
19. The applicant has obtained or will obtain all property rights, permits, and approvals necessary for the proposed project, including surface, mineral, and water rights and easements for drainage, disposal, utilities, access, etc. If the applicant has not obtained all necessary property rights, permits, and approvals, the Board may, at its discretion, grant the permit conditioned upon completion of the acquisition of such rights prior to issuance of a building permit or other permit by the County.
20. The proposed project will not present an unreasonable risk of exposure to or release of toxic or hazardous substances within the impact area. The determination of effects of the project shall include the following considerations:
a. through c., no change.
21., no change.
22. If the purpose and need for the proposed project are to meet the needs of an increasing population within the County, the population trends demonstrate clearly a need for such facility. B. The Board may impose mitigation requirements and conditions on an applicant, as follows:
1. through 3., no change.
4. The Board shall base such requirements and conditions on applicable design standards and/or best management practices to prevent, reduce, or compensate for impacts caused by the facility to air, water, soil, and biological resources or to public health, safety, and welfare, including, but not limited to, the environment and wildlife resources.
Chapter 23 - Zoning
Article I - General Provisions
Amend Sec. 23-1-90. - Definitions.
The following specific words and phrases, when appearing in this Chapter in uppercase letters, shall have the meanings stated in this Section:
Insert Battery Energy Storage System (BESS): A rechargeable energy storage system consisting of electrochemical batteries and associated equipment.
Insert BESS Area: The two-dimensional area that contains all the batteries of the Battery Energy Storage System (BESS) within one (1) contiguous polygon drawn in a plan view from above.
Delete Electric Transmission Lines. Delete Major Facilities of a Public Utility or Public Agency.
Power Plant: Any electrical energy generation, excluding the following:
a. Any facilities permitted under Chapter 21 of this Code.
b. Solar Energy Facilities.
c. Battery Energy Storage Systems.
Site Specific Development Plan: A Use by Special Review, Planned Unit Development Final Plan, Subdivision final plat, resubdivision, rural land division, or minor Subdivision application which has been submitted to the County and receives approval or conditional approval by the Board of County Commissioners. Site Specific Development Plan includes permits for Major Facilities of Public Utilities approved pursuant to the provisions of Article III of Chapter 21 of this Code, 1041 WOGLA Permits issued pursuant to the provisions of Article V of Chapter 21 of this Code, and permits for 1041 Solar Energy Facilities approved pursuant to the provisions of Article VII of Chapter 21 of this Code. Final or conditional approval by the Board of County Commissioners creates vested rights pursuant to Article 68 of Title 24, C.R.S. No other type of land use application shall be considered a Site Specific Development Plan.
Delete Storage area. Substation: Any facility designed to provide switching, voltage transformation, or voltage control required for the transmission of electricity.
Insert Transmission Lines: The system, including lines and support Structures, used to transmit electric energy.
Utility Service Facility: Any of the following:
1. Transmission Lines other than those requiring approval under Article III, Chapter 21.
2. Substations other than those requiring approval under Article III, Chapter 21.
3. Natural gas service pipelines and regulator stations.
4. Water pipelines not more than sixteen (16) inches in diameter, sewer pipelines, lift stations, or pumping stations.
5. Water reservoirs and underground tanks storing only water.
6. Communication lines.
7. Unmanned Accessory Structures appurtenant to any of 1. through 6. above as long as no Data Center, Office, repair, or storage facilities are operated or maintained.
All other definitions remain unchanged.
Article II - Procedures and Permits
Division 4 - Uses by Special Review
Amend Sec. 23-2-200. - Intent and applicability.
A., no change.
B. The Board of County Commissioners may approve the establishment of a Use by Special Review by granting a Special Review Permit. All requests for Special Review Permit shall be reviewed by the Planning Commission. The Planning Commission recommendation shall be forwarded to and considered by the Board of County Commissioners.
No other changes to section.
Amend Sec. 23-2-260. - Application requirements.
A. through E., no change. Change current F. to G. and insert new F:
F. Any application for a Special Review Permit for a Power Plant shall also include the following items:
1. A summary description of the project.
2. A detailed report that includes information on the following items as applicable:
a. A complete description of the proposed Power Plant, including but not limited to the need, source, capacity, destination, existing and proposed on-site Structures, and off-site infrastructure, lines, etc.
b. A description of the hazards, if any, of fire, explosion, and other dangers to the health, safety, and welfare of employees and the general Public and an emergency operations plan to be followed in case of a reported failure or accident involving the proposed facility. Such outline shall include actions, if any, required of Public officials, including fire and police officials, and the names and telephone numbers of appropriate company officials to notify if an accident or failure should occur.
c. Procedures to be employed in efforts to mitigate any adverse impacts, including but not limited to reclamation measures, landscaping, buffering, etc.
d. Size of the anticipated work force, both temporary and permanent.
e. Detailed information concerning water requirements, to include the quality and quantity needed for the Use, source, storage facilities, point of diversion, treatment system, and distribution system.
f. A summary of the proposed fuel requirements, to include the type and quantity needed, source, and storage facilities.
g. A description of the location and method of disposal of all forms of waste.
h. An outline of the planned construction and operation schedule, to include the number of stages and timing of each.
i. A description of the type of transportation facilities needed to service the facility and a description of construction and routine haul routes, identifying the Streets/Roads and bridges involved and the weight of the loads.
j. A discussion of the potential air and water pollution impacts that may be created by the facility, along with proposed pollution control measures. This discussion should include any meteorological or climatological conditions which would cause the facility to create negative impacts on surrounding land Uses.
k. A list of the names and addresses of all the local governments and special districts that would be affected by the Development, and a statement of the anticipated overall impact on local governments and special district service capabilities, including but not limited to, education, police protection, fire protection, water, sewer, health services, and Street/Road maintenance services.
l. A description of the method or procedures to be employed to avoid or minimize the impacts on irrigated agricultural land.
m. A discussion of the proposal for maintenance of the facility so as to prevent dust, soil erosion, and the growth of Noxious Weeds.
n. An outline of the types and numbers of operating and construction equipment to be employed.
3. A detailed report describing alternative locations considered and reasons for favoring the proposed site, to include in each case:
a. A description of each site, reasons for consideration, advantages and disadvantages, and reasons the proposed site is preferred.
b. Types of agricultural and other land Uses affected.
c. Projected construction costs, maintenance costs, reclamation costs, etc.
d. Impacts on mineral resources.
e. Impacts on wildlife habitat.
f. Impacts on historical, archaeological, and/or scenic resources.
g. Visual impacts created by aboveground facilities.
h. A description of any Geologic or Flood Hazards which could adversely affect the Development.
Division 5 - Reserved.
Delete Sections 23-2-300 through 23-2-410.
Article III - Zone Districts
Amend Sec. 23-3-30. - Accessory uses outside of subdivisions and historic townsites.
The following Buildings, Structures and Uses shall be allowed in the A (Agricultural) Zone District on LOTS outside of Subdivisions and Historic Townsites so long as they are clearly incidental and Accessory to an allowed Use:
Insert new A.
A. Battery Energy Storage Systems (BESSes) with a total combined capacity of not more than two megawatt hours (2 MWh) and any BESS utilized for powering on-site irrigation pivots.
Relettered B. through G., no other change. Insert new H.
H. Power Plants (electrical generators) with a total combined capacity of not more than three hundred kilowatts (300 kW) and any Power Plant generator utilized for powering on-site irrigation pivots.
Reletter I. though K., no other change. Delete current J. Reletter as necessary.
Amend Sec. 23-3-35. - Uses allowed by permit outside of subdivisions and historic townsites.
No Use listed in this Section shall commence construction or operation in the A (Agricultural) Zone District on LOTS outside of SUBDIVISIONS and Historic Townsites without prior approval of a land use permit from the Department of Planning Services or Department of Public Health and Environment, as applicable. Any Use conducted outside of an Enclosed Building may be required to be Screened from adjacent Public Rights-Of-Way and Adjacent Lots in any zone district other than I-3 as a condition of approval of the permit, as determined by the Department of Planning Services.
A. through C., no change. Insert new D.
D. Battery Energy Storage Systems (BESSes) with a BESS Area of less than five (5) acres permitted under Division 6 of Article IV of this Chapter.
Relettered E. through T, no change. Delete current T. U. and V., no change. Delete current W. Reletter as necessary.
Amend Sec. 23-3-40. - Uses by special review outside of subdivisions and historic townsites.
The following Buildings, Structures and Uses may be constructed, occupied, operated and maintained on LOTS outside of SUBDIVISIONS and Historic Townsites in the A (Agricultural) Zone District upon approval of a Special Review Permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter.
A., no change. Insert new B.
B. Battery Energy Storage Systems (BESSes) with a BESS Area of five (5) or more acres.
Relettered C. through K., no change. Insert new L. and M. after “Correctional Facilities, subject to Article XV, Section 15-5, of the Weld County Charter.”
L. Aboveground Domestic Water storage tanks serving a Public Water system.
M. Domestic Water treatment plants.
Relettered N. through S., no change. Delete current Q. Relettered T. through AA., no change. Insert new BB. after “Pipelines - Domestic Water in accordance with Division 6 of Article II of this Chapter.”
BB. Power Plants, except those Accessory Uses listed in Section 23-3-30 above.
Relettered CC. through FF., no change. Insert new GG. after “Residential Therapeutic Centers.”
GG. Sewage Treatment Plants.
Relettered HH. and II., no change.
Relettered JJ. through NN., no change. Delete current KK. Reletter as necessary.
Amend Sec. 23-3-50. - Accessory uses in subdivisions and townsites.
The following Buildings, Structures and Uses shall be allowed in the A (Agricultural) Zone District on Lots in Subdivisions and Historic Townsites so long as they are clearly incidental and Accessory to an allowed Use:
Insert new A.
A. Battery Energy Storage Systems (BESSes) with a total combined capacity of not more than six hundred kilowatt hours (600 kWh) per Dwelling Unit on the Lot and any BESS utilized for powering on-site irrigation pivots.
Relettered B. through G., no change. Insert new H. after “Outdoor Storage of materials accessory to an allowed Use, as long as the materials are Screened from Adjacent Lots and Rights-Of-Way.”
H. Power Plants (electrical generators) with a total combined capacity of not more than fifty kilowatts (50 kW) and any Power Plant generator utilized for powering on-site irrigation pivots.
Relettered I. though K., no change. Delete current J. Reletter as necessary.
Amend Sec. 23-3-55. - Uses allowed by permit in subdivisions and historic townsites.
No USE listed in this Section shall commence construction or operation in the A (Agricultural) Zone District on Lots in Subdivisions and Historic Townsites without prior approval of a land use permit from the Department of Planning Services or Department of Public Health and Environment, as applicable. Any Use conducted outside of an Enclosed Building may be required to be Screened from adjacent Public Rights-Of-Way and Adjacent Lots in any zone district other than I-3 as a condition of approval of the permit, as determined by the Department of Planning Services.
A. through N., no change. Delete O. Relettered O., no change. Delete current Q. Reletter as necessary.
Amend Sec. 23-3-60. - Uses by special review in subdivisions.
The following Buildings, Structures and Uses may be constructed, occupied, operated and maintained on Lots in Subdivisions in the A (Agricultural) Zone District upon approval of a Special Review Permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter.
A. though R., no change. Amend S.
S. Solar Energy Facilities (SEF'S), subject to the additional requirements of Section 23‑4-1030.
T. through X., no change. Delete current Y.
Amend Sec. 23-3-65. - Uses by special review in historic townsites.
The following Buildings, Structures and Uses may be constructed, occupied, operated and maintained on Lots in Historic Townsites in the A (Agricultural) Zone District upon approval of a Special Review Permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter.
A. through L., no change. Amend M.
M. Application of Domestic Septage permitted under Chapter 14 of this Code.
N. through Y., no change. Delete Z.
Relettered Z. through II., no change. Delete current KK. Reletter as necessary.
Division 2 - Residential Zone Districts
Amend Sec. 23-3-110. - R-1 (Low-Density Residential) Zone District.
A. through C., no change.
D. Accessory Uses. The following Buildings, Structures and Uses shall be allowed in the R-1 Zone District so long as they are clearly incidental and Accessory to an allowed Use:
Insert new 1.
1. Battery Energy Storage Systems (BESSes) with a total combined capacity of not more than six hundred kilowatt hours (600 kWh) per Dwelling Unit on the Lot.
Renumbered 2 through 4., no change. Insert new 5.
5. Power Plants (electrical generators) with a total combined capacity of not more than fifty kilowatts (50 kW).
Renumbered 6. through 8., no change. Delete current 7. Renumber as necessary.
E. Uses Allowed by Permit. No Use listed in this Subsection shall commence construction or operation in the R-1 Zone District without prior approval of a land use permit from the Department of Planning Services.
1. and 2., no change. Delete 3.
F. Uses by Special Review. The following Buildings, Structures and Uses may be constructed, occupied, operated and maintained in the R-1 Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter.
1., no change. Move current 2. to 9., renumber, and insert new 5.
2. Bed And Breakfast Facilities.
3. Cemeteries.
4. Child Care Centers.
5. Aboveground Domestic Water storage tanks serving a Public Water system.
6. through 8., no change. Move current 2. to new 9. Delete current 11.
9. Structures exceeding maximum Lot Coverage.
10. Any Use listed in Subsection C above, in conjunction with a pending or approved Use by Special Review permit.
11. Uses similar to the Uses listed as permitted as long as the Use complies with the general intent of the Zone District.
Amend Sec. 23-3-120. - R-2 (Duplex Residential) Zone District.
A. through C., no change.
D. Accessory Uses. The following Buildings, Structures and Uses shall be allowed in the R-2 Zone District so long as they are clearly incidental and Accessory to an allowed Use:
Insert new 1.
1. Battery Energy Storage Systems (BESSes) with a total combined capacity of not more than six hundred kilowatt hours (600 kWh) per Dwelling Unit on the Lot.
Renumbered 2., no change. Insert new 3.
3. Power Plants (electrical generators) with a total combined capacity of not more than fifty kilowatts (50 kW).
Renumbered 4. through 6., no change. Delete current 5. Renumber as necessary.
E. Uses Allowed by Permit. No Use listed in this Subsection shall commence construction or operation in the R-2 Zone District without prior approval of a land use permit from the Department of Planning Services.
1. and 2., no change. Delete 3.
F. Uses by Special Review. The following Buildings, Structures and Uses may be constructed, occupied, operated and maintained in the R-2 Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter.
Move 1. to 7. Insert new 3.
1. Cemeteries.
2. Child Care Centers.
3. Aboveground Domestic Water storage tanks serving a Public Water system.
4.through 6., no change. Move current 1. to 7. Delete current 9.
7. Structures exceeding maximum Lot Coverage.
8. Any Use listed in Subsection C above, in conjunction with a pending or approved Use by Special Review permit.
9. Uses similar to the Uses listed as permitted as long as the Use complies with the general intent of the Zone District.
Amend Sec. 23-3-130. - R-3 (Medium-Density Residential) Zone District.
A. through C., no change.
D. Accessory Uses. The following Buildings, Structures and Uses shall be allowed in the R-3 Zone District so long as they are clearly incidental and Accessory to an allowed Use:
Insert new 1. and 2.
1. Battery Energy Storage Systems (BESSes) with a total combined capacity of not more than six hundred kilowatt hours (600 kWh) per Dwelling Unit on the Lot.
2. Power Plants (electrical generators) with a total combined capacity of not more than fifty kilowatts (50 kW).
Renumbered 3. through 5., no change. Delete current 4. Renumber as necessary. E.Uses Allowed by Permit. No Use listed in this Subsection shall commence construction or operation in the R-3 Zone District without prior approval of a land use permit from the Department of Planning Services.
1. and 2., no change. Delete 3. F. Uses by Special Review. The following Buildings, Structures and Uses may be constructed, occupied, operated and maintained in the R-3 Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter.
Move 1. to 7. Insert new 3.
1. Cemeteries.
2. Child Care Centers.
3. Aboveground Domestic Water storage tanks serving a Public Water system.
4.through 6., no change. Move current 1. to 7. Delete current 9.
7. Structures exceeding maximum Lot Coverage.
8. Any Use listed in Subsection C above, in conjunction with a pending or approved Use by Special Review permit.
9. Uses similar to the Uses listed as permitted as long as the Use complies with the general intent of the Zone District.
Amend Sec. 23-3-140. - R-4 (High-Density Residential) Zone District.
A. through C., no change.
D. Accessory Uses. The following Buildings, Structures and Uses shall be allowed in the R-4 Zone District so long as they are clearly incidental and Accessory to an allowed Use:
Insert new 1. and 2.
1. Battery Energy Storage Systems (BESSes) with a total combined capacity of not more than six hundred kilowatt hours (600 kWh) per Dwelling Unit on the Lot.
2. Power Plants (electrical generators) with a total combined capacity of not more than fifty kilowatts (50 kW).
Renumbered 3. through 5., no change. Delete current 4. Renumber as necessary. E.Uses Allowed by Permit. No Use listed in this Subsection shall commence construction or operation in the R-4 Zone District without prior approval of a land use permit from the Department of Planning Services.
1. and 2., no change. Delete 3. F. Uses by Special Review. The following Buildings, Structures and Uses may be constructed, occupied, operated and maintained in the R-4 Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter.
Move 1. to 7. Insert new 3.
1. Cemeteries.
2. Child Care Centers.
3. Aboveground Domestic Water storage tanks serving a Public Water system.
4.through 6., no change. Move current 1. to 7. Delete current 9.
7. Structures exceeding maximum Lot Coverage.
8. Any Use listed in Subsection C above, in conjunction with a pending or approved Use by Special Review permit.
9. Uses similar to the Uses listed as permitted as long as the Use complies with the general intent of the Zone District.
Amend Sec. 23-3-150. - R-5 (Manufactured Home Residential) Zone District.
A. through C., no change.
D. Accessory Uses. The following Buildings, Structures and Uses shall be allowed in the R-5 Zone District so long as they are clearly incidental and Accessory to an allowed Use:
Insert new 1.
1. Battery Energy Storage Systems (BESSes) with a total combined capacity of not more than six hundred kilowatt hours (600 kWh) per Dwelling Unit on the Lot.
Renumbered 2., no change. Insert new 3.
3. Power Plants (electrical generators) with a total combined capacity of not more than fifty kilowatts (50 kW).
Renumbered 4. through 6., no change. Delete current 5. Renumber as necessary. E.Uses Allowed by Permit. No Use listed in this Subsection shall commence construction or operation in the R-5 Zone District without prior approval of a land use permit from the Department of Planning Services.
1. and 2., no change. Delete 3. F. Uses by Special Review. The following Buildings, Structures and Uses may be constructed, occupied, operated and maintained in the R-5 Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter.
Move 1. to 7. Insert new 3.
1. Cemeteries.
2. Child Care Centers.
3. Aboveground Domestic Water storage tanks serving a Public Water system.
4.through 6., no change. Move current 1. to 7. Delete current 9.
7. Structures exceeding maximum Lot Coverage.
8. Any Use listed in Subsection C above, in conjunction with a pending or approved Use by Special Review permit.
9. Uses similar to the Uses listed as permitted as long as the Use complies with the general intent of the Zone District.
Division 3 - Commercial Zone Districts
Amend Sec. 23-3-210. - C-1 (Neighborhood Commercial) Zone District.
A. through C., no change.
D. Accessory Uses. The following Buildings, Structures and Uses shall be allowed in the C-1 Zone District so long as they are clearly incidental and Accessory to an allowed Use and included on an approved and recorded Site Plan. Any Use conducted outside of an Enclosed Building shall be Screened from adjacent Public Rights-Of-Way and Adjacent Lots in any Zone District other than I-3.
Insert new 1.
1. Battery Energy Storage Systems (BESSes) with a total combined capacity of not more than two megawatt hours (2 MWh).
Renumbered 2. and 3., no change. Insert new 4.
4. Power Plants (electrical generators) with a total combined capacity of not more than three hundred kilowatts (300 kW).
Renumbered 5. and 6., no change. Delete current 5. Renumber as necessary.
E. Uses Allowed by Permit. No Use listed in this Subsection shall commence construction or operation in the C-1 Zone District without prior approval of a land use permit from the Department of Planning Services.
1. through 4., no change. Delete 5. and 6.
F. Uses by Special Review. The following Buildings, Structures and Uses may be constructed, occupied, operated and maintained in the C-1 Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter.
1., no change. Amend 2.
2. Aboveground Domestic Water storage tanks serving a Public Water system.
3. through 12., no change. Delete current 13.
Amend Sec. 23-3-220. - C-2 (General Commercial) Zone District.
A. through C., no change.
D. Accessory Uses. The following Buildings, Structures and Uses shall be allowed in the C-2 Zone District so long as they are clearly incidental and Accessory to an allowed Use and included on an approved and recorded Site Plan. Any Use conducted outside of an Enclosed Building shall be Screened from adjacent Public Rights-Of-Way and Adjacent Lots in any Zone District other than I-3.
Insert new 1.
1. Battery Energy Storage Systems (BESSes) with a total combined capacity of not more than two megawatt hours (2 MWh).
Renumbered 2. and 3., no change. Insert new 4.
4. Power Plants (electrical generators) with a total combined capacity of not more than three hundred kilowatts (300 kW).
Renumbered 5. and 6., no change. Delete current 5. Renumber as necessary.
E. Uses Allowed by Permit. No Use listed in this Subsection shall commence construction or operation in the C-2 Zone District without prior approval of a land use permit from the Department of Planning Services.
1. through 4., no change. Delete 5. and 6.
F. Uses by Special Review. The following Buildings, Structures and Uses may be constructed, occupied, operated and maintained in the C-2 Zone District upon approval of a permit in accordance with the requirements of Article II, Division 4 of this Chapter.
1., no change. Insert new 2 after “Cemeteries.” and renumber.
2. Aboveground Domestic Water storage tanks serving a Public Water system.
Renumbered 3. through 10., no change. Delete current 10.
Amend Sec. 23-3-230. - C-3 (Business Commercial) Zone District.
A. through C., no change.
D. Accessory Uses. The following Buildings, Structures and Uses shall be allowed in the C-3 Zone District so long as they are clearly incidental and Accessory to an allowed Use and included on an approved and recorded Site Plan. Any Use conducted outside of an Enclosed Building shall be Screened from adjacent Public Rights-Of-Way and Adjacent Lots in any Zone District other than I-3.
Insert new 1.
1. Battery Energy Storage Systems (BESSes) with a BESS Area of less than five (5) acres.
Renumbered 2., no change. Insert new 3.
3. Power Plants (electrical generators) with a total combined capacity of not more than three hundred kilowatts (300 kW).
Renumbered 4. and 5., no change. Delete current 4. Renumber as necessary.
E. Uses Allowed by Permit. No Use listed in this Subsection shall commence construction or operation in the C-3 Zone District without prior approval of a land use permit from the Department of Planning Services.
1. through 4., no change. Delete current 5. and 6.
F. Uses by Special Review. The following Buildings, Structures and Uses may be constructed, occupied, operated and maintained in the C-3 Zone District upon approval of a permit in accordance with
1. through 3., no change. Insert new 4. after “Cemeteries.” and renumber.
4. Aboveground Domestic Water storage tanks serving a Public Water system.
5. through 11., no change. Delete current 12.
Amend Sec. 23-3-240. - C-4 (Highway Commercial) Zone District.
A. and B., no change.
C. Uses allowed subject to Site Plan Review. The following Uses shall be allowed in the C-4 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. Any Use conducted outside of an Enclosed Building shall be Screened from adjacent Public Rights-Of-Way and Adjacent Lots in any Zone District other than I-3.
1. through 4., no change. Delete 5 and renumber remaining.
D. Accessory Uses. The following Buildings, Structures and Uses shall be allowed in the C-4 Zone District so long as they are clearly incidental and Accessory to an allowed Use and included on an approved and recorded Site Plan. Any Use conducted outside of an Enclosed Building shall be Screened from adjacent Public Rights-Of-Way and Adjacent Lots in any Zone District other than I-3.
Insert new 1.
1. Battery Energy Storage Systems (BESSes) with a BESS Area of less than five (5) acres
Renumbered 2., no change. Switch the order of renumbered 3. and 4. Insert new 5.
3. Outdoor Storage, as long as it is Screened from Public Rights-Of-Way and all Adjacent properties.
4. Parking Lots.
5. Power Plants (electrical generators) with a total combined capacity of not more than three hundred kilowatts (300 kW).
Renumbered 6. and 7., no change. Delete current 6.
E. Uses Allowed by Permit. No Use listed in this Subsection shall commence construction or operation in the C-4 Zone District without prior approval of a land use permit from the Department of Planning Services.
1. and 2., no change. Delete current 3. and 4. Amend current 5. and 6. to switch the order and renumber.
3. One (1) Noncommercial Tower between forty (40) and seventy (70) feet in height per Legal Lot permitted under Section 23-4-895.
4. Telecommunications Antenna Towers between thirty-five (35) and seventy (70) feet in height permitted under Division 10 of Article IV of this Chapter.
F. Uses by Special Review. The following Buildings, Structures and Uses may be constructed, occupied, operated and maintained in the C-4 Zone District upon approval of a permit in accordance with the requirements of Article II, Division 4 of this Chapter.
1., no change. Insert new 2. after “Churches.” and renumber.
2. Aboveground Domestic Water storage tanks serving a Public Water system.
Renumbered 3. and 7., no change. Delete current 7.
Division 4 - Industrial Zone Districts
Amend Sec. 23-3-310. - I-1 (Light Industrial) Zone District.
A. through C., no change.
D. Accessory Uses. The following Buildings, Structures and Uses shall be allowed in the I-1 Zone District so long as they are clearly incidental and Accessory to an allowed Use and included on an approved and recorded Site Plan. Any Use conducted outside of an Enclosed Building shall be Screened from adjacent Public Rights-Of-Way and Adjacent Lots in any Zone District other than I-3.
Insert new 1.
1. Battery Energy Storage Systems (BESSes) with a BESS Area of less than five (5) acres.
Renumbered 2. through 4., no change. Insert new 5.
5. Power Plants (electrical generators) with a total combined capacity of not more than six hundred kilowatts (600 kW).
Renumbered 6. and 7., no change. Delete current 6. Renumber as necessary.
E. Uses Allowed by Permit. No Use listed in this Subsection shall commence construction or operation in the I-1 Zone District without prior approval of a land use permit from the Department of Planning Services.
1. through 4., no change. Delete 5. and 6.
F. Uses by Special Review. The following Buildings, Structures and Uses may be constructed, occupied, operated and maintained in the I-1 Zone District upon approval of a permit in accordance with the requirements of Article II, Division 4 of this Chapter.
1. and 2., no change. Insert new 3. and renumber:
3. Battery Energy Storage Systems (BESSes), except those Accessory Uses listed in Subsection 23-3-310.C above.
Renumbered 4. through 7., no change. Insert new 8. after “Domestic Septage disposal subject to Chapter 14 of this Code.” and renumber.
8. Aboveground Domestic Water storage tanks serving a Public Water system.
Renumbered 9. through 11., no change. Insert new 12 after “Pipeline - Domestic Water in accordance with Division 6 of Article II of this Chapter.” and renumber.
12. Power Plants, except those Accessory Uses listed in Subsection 23-3-310.C above.
Renumbered 13., no change. Insert new 14. after “Research Laboratories.” and renumber.
14. Sewage Treatment Plants.
Renumbered 15. through 17., no change. Delete current 14.
Amend Sec. 23-3-320. - I-2 (Medium Industrial) Zone District.
A. and B., no change.
C. Uses allowed subject to Site Plan Review. The following Uses shall be allowed in the I-2 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. Any Use conducted outside of an Enclosed Building shall be Screened from adjacent Public Rights-Of-Way and Adjacent Lots in any Zone District other than I-3.
1. and 2., no change. Insert new 3.
3. Battery Energy Storage Systems (BESSes) with a BESS Area of less than five (5) acres.
Renumbered 4. through 11., no change. Delete current 11.Current 12. through 25., no change. Insert new 26.
26. Power Plants with a total combined capacity of less than fifty megawatts (50 MW), except those Accessory Uses listed in Subsection 23-3-320.D below.
Renumbered 27. through 36., no change. Renumber as necessary.
D. Accessory Uses. The following Buildings, Structures and Uses shall be allowed in the I-2 Zone District so long as they are clearly incidental and Accessory to an allowed Use and included on an approved and recorded Site Plan. Any Use conducted outside of an Enclosed Building shall be Screened from adjacent Public Rights-Of-Way and Adjacent Lots in any Zone District other than I-3.
1. through 3., no change. Insert new 4.
4. Power Plants (electrical generators) with a total combined capacity of not more than six hundred kilowatts (600 kW).
Renumbered 5. through 7., no change. Delete current 7. Renumber as necessary.
E. Uses Allowed by Permit. No Use listed in this Subsection shall commence construction or operation in the I-2 Zone District without prior approval of a land use permit from the Department of Planning Services.
1. through 4., no change. Delete current 5. and 6.
F. Uses by Special Review. The following Buildings, Structures and Uses may be constructed, occupied, operated and maintained in the I-2 Zone District upon approval of a permit in accordance with the requirements of Article II, Division 4 of this Chapter.
Insert new 1. and renumber:
1. Battery Energy Storage Systems (BESSes) with a BESS Area of five (5) or more acres.
Renumbered 2. through 6., no change. Delete current 6., and renumber.
Insert new 7. and 8. after “Correctional Facilities, subject to Article XV, Section 15-5, of the Weld County Charter.”
7. Aboveground Domestic Water storage tanks serving a Public Water system.
8. Domestic Water treatment plants.
Renumbered 9. through 11., no change. Insert new 12. after “Pipeline - Domestic Water in accordance with Division 6 of Article II of this Chapter.” and renumber:
12. Power Plants with a total combined capacity of fifty megawatts (50 MW) or more.
Renumbered 13., no change. Insert new 14. after “Research Laboratories.” and renumber:
14. Sewage Treatment Plants.
Renumbered 15. through 18., no change. Delete current 15.
Amend Sec. 23-3-330. - I-3 (Heavy Industrial) Zone District.
A. and B., no change.
C. Uses allowed subject to Site Plan Review. The following Uses shall be allowed in the I-3 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. Any Use conducted outside of an Enclosed Building shall be Screened from adjacent Public Rights Of Way and Adjacent Lots in any Zone District other than I-3.
1. through 4., no change. Insert new 5. and renumber.
5. Battery Energy Storage Systems (BESSes) with a BESS Area of less than five (5) acres.
Renumbered 6. through 13., no change. Delete current 13. and renumber current 14. through 30., no change. Insert new 31. after “Police, ambulance, and fire stations or facilities.” and renumber:
31. Power Plants with a total combined capacity of less than fifty megawatts (50 MW), except those Accessory Uses listed in Subsection 23-3-330.D below.
Renumbered 32. through 42., no change.
D. Accessory Uses. The following Buildings, Structures and Uses shall be allowed in the I-3 Zone District so long as they are clearly incidental and Accessory to an allowed Use and included on an approved and recorded Site Plan.
1. and 2., no change. Insert new 3.
3. Power Plants (electrical generators) with a total combined capacity of not more than six hundred kilowatts (600 kW).
Renumbered 4. through 6., no change. Delete current 6. Renumber as necessary.
E. Uses Allowed by Permit. No Use listed in this Subsection shall commence construction or operation in the I-3 Zone District without prior approval of a land use permit from the Department of Planning Services.
1. through 4., no change. Delete current 5. and 6.
F. Uses by Special Review. The following Buildings, Structures and Uses may be constructed, occupied, operated and maintained in the I-3 Zone District upon approval of a permit in accordance with the requirements of Article II, Division 4 of this Chapter.
Insert new 1. and renumber:
1. Battery Energy Storage Systems (BESSes) with a BESS Area of five (5) or more acres.
Renumbered 2. through 5., no change. Insert new 6. and 7. after “Correctional Facilities, subject to Article XV, Section 15-5, of the Weld County Charter.” and renumber:
6. Aboveground Domestic Water storage tanks serving a Public Water system.
7. Domestic Water treatment plants.
Renumbered 8., no change. Delete current 6. and renumber. Renumbered 9. through 11., no change. Insert new 12. after “Pipeline - Domestic Water in accordance with Division 6 of Article II of this Chapter.” and renumber:
12. Power Plants with a total combined capacity of fifty megawatts (50 MW) or more.
Renumbered 13., no change. Insert new 14. after “Solid and hazardous waste disposal sites and facilities requiring Certificate of Designation in accordance with Sections 12-8-10 and 23-4-380 of this Code.” and renumber:
14. Sewage Treatment Plants.
Renumbered 15. through 17., no change. Delete current 14.
Division 5 - E (Estate) Zone District
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 an allowed Use.
A., no change. Insert new B. and reletter.
B. Battery Energy Storage Systems (BESSes) with a total combined capacity of not more than six hundred kilowatt hours (600 kWh) per Dwelling Unit on the Lot.
Relettered C. through E., no change. Insert new F. and reletter.
F. Power Plants (electrical generators) with a total combined capacity of not more than fifty kilowatts (50 kW).
Relettered G. through H., no change. Delete current G.
Amend Sec. 23-3-425. - Uses allowed by permit.
No Use listed in this Section shall commence construction or operation in the E Zone District without prior approval of a land use permit from the Department of Planning Services. Any Use conducted outside of an Enclosed Building may be required to be Screened from adjacent Public Rights-Of-Way and Adjacent Lots in any zone district other than I-3 as a condition of approval of the permit, as determined by the Department of Planning Services.
A. and B., no change. Delete C.
Amend Sec. 23-3-430. - Uses by special review.
The following Buildings, Structures and Uses may be constructed, occupied, operated and maintained in the E 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. and B., no change. Insert new C. and reletter.
C. Aboveground Domestic Water storage tanks serving a Public Water system.
Relettered D. through G., no change. Delete current G.
Article IV - Supplementary District Regulations and Zoning Permits
Division 6 - Permitting Requirements for Wind Generators, Solar Energy Facilities of Less than Five (5) Acres (5 Acre SEF), and Battery Energy Storage Systems.
Amend Sec. 23-4-450. - Wind generator standards.
Wind Generators may be permitted as Power Plants where allowed in Article III of this Chapter 23 and are subject to the following standards:
Delete A. and B. and reletter.
C. All Wind Generators shall be set back from property lines, Rights-Of-Way, and access easements a distance equal to or greater than the height of the generator, as measured to the tip of the rotor blades, unless a fall zone easement extending from the base of the generator a distance equal to or greater than the height of the generator, as measured to the tip of the rotor blades, has been recorded or will be recorded prior to issuance of a building permit.
D. All Wind Generators shall be set back from any existing or planned overhead lines a distance equal to or greater than the height of the generator (as measured to the tip of the rotor blades).
Delete E. and reletter.
F. through H., no change.
I. Wind GENERATORS are subject to the noise limits in Chapter 14, Article IX, of this Code.
No changes to remainder of section. Insert new Section 23-4-457.
Add Sec. 23-4-457. - Battery Energy Storage Systems.
A. Where permitted in Article III of this Chapter, a Battery Energy Storage System (BESS) shall comply with this Division 6, as applicable. This section shall not apply to any such system with a total combined capacity of not more than two megawatt hours (2 MWh).
B. Setbacks:
1. The BESS Area shall be located not less than two hundred fifty (250) feet from any Oil And Gas Facility and not less than seventy-five (75) feet from any plugged and abandoned well.
2. No BESS Area shall be located within fifty (50) feet of any property line.
C. Signage with emergency contact information. Upon commencement of construction, the operator shall post a Sign displaying the following information at any access to the BESS:
1. Operator name and telephone number(s), including a number at which the operator may be reached twenty-four (24) hours a day, seven (7) days a week.
2. Phone number for local emergency services (typically 911).
3. Location name.
4. Location address.
5. Section, Township, and Range of the location and the quarter-quarter section.
Such Sign(s) shall be no less than four (4) square feet, no more than thirty-two (32) square feet, no taller than eight (8) feet, and located outside of road Right-Of-Way. Such signage shall not be counted toward the maximum allowable signage for the property under Article IV, Division 2, of this Chapter 23. The operator shall maintain and update the Sign(s) as necessary.
D. Noise. The BESS shall be located, designed, and operated in accordance with the noise standards as established in Chapter 14, Article IX, of this code. In addition to the dB(A) noise limits in Section 14-9-40 of this code, no BESS shall be allowed to exceed a C-scale noise limit of sixty-five decibels (65 dB(C)) as measured at any point on the subject property boundary.
E. Air Quality. Uses shall be located, designed, and operated in accordance with the air quality standards established by the Colorado Air Quality Control Commission.
F. Water Quality. Uses shall be located, designed, and operated in accordance with the standards established by the Colorado Water Quality Control Commission.
G. Radiation and Radioactive Materials. The handling, Use, storage, and processing of radioactive materials shall be in accordance with the applicable regulations of the State and the United States government.
H. Heat. Uses shall not emit heat in such an amount sufficient to raise the temperature of the air or of materials at or beyond the Lot line more than five (5) degrees Fahrenheit.
I. Glare. Any lighting used to illuminate an off-street parking area, outside storage area, outside activity area, Sign, or other Structure shall be arranged to deflect light away from any adjoining residential zone and from County Streets/Roads. Any lighting, including light from high-temperature processes such as welding or combustion, shall be designed, located and operated in such a manner as to meet the following standards: sources of light shall be shielded so that beams or rays of light will not shine directly onto Adjacent properties; neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on Public or private Streets/Roads; and no colored lights may be used which may be confused with or construed as traffic control devices.
J. Property Maintenance. All property shall be maintained in such a manner that grasses and weeds are not permitted to grow taller than twelve (12) inches. The property owner shall not allow the growth of Noxious Weeds. The BESS Area shall be kept free of litter and plants, including weeds.
K. Fencing. The BESS Area shall be enclosed with a security fence as approved pursuant to a fencing plan submitted to the Department of Planning Services. Appropriate signage shall be placed upon such fencing that warns the public of the high voltage therein.
Amend Sec. 23-4-460. - Zoning Permit for BESS or 5 Acre SEF and general application requirements.
An application for a Zoning Permit for a BESS or 5 Acre SEF shall include the following:
A. through D., no change. Delete E. and reletter.
F. through H., no change.
I. A vicinity map showing Adjacent properties, general land Uses, zoning and Streets/Roads within five hundred (500) feet of the subject property.
J. A sketch plan of the site at the scale of one (1) inch represents fifty (50) feet, or other suitable scale to show:
1. The location of proposed and existing Structures on the property, including but not limited to Electric Transmission Lines.
2. Location and measurements of any easements or Rights-Of-Way.
3. A completed Weld County Access Permit application form, if accessing a Weld County road.
4. Identification of any Adjacent County, state, or federal Streets/Roads or highways.
5. Proposed and existing internal roadways, including surface material.
K., no change.
L. A certified list of the names, addresses and the corresponding Parcel Identification Number assigned by the County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the subject property. The source of such list shall be the records of the County Assessor, or an ownership update from a title or abstract company or attorney derived from such records or from the records of the County Clerk and Recorder. If the list was assembled from the records of the County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date.
Amend Sec. 23-4-470. - Delegation of authority.
The Board of County Commissioners delegates the authority to issue a zoning permit for a BESS or 5 Acre SEF to the Department of Planning Services upon a determination by the Department that:
A. The application complies with all applicable provisions of this Chapter 23.
B. The Department of Planning Services has sent notice and has not received signed notification from at least thirty percent (30%) of surrounding property owners within five hundred (500) feet of the subject property in opposition to the location of the BESS or 5 Acre SEF within twenty-one (21) days.
Amend Sec. 23-4-475. Process.
A. Once an application that is subject of this Division 6 is deemed complete by the Department of Planning Services, the Department of Planning Services shall send the application to applicable agencies listed in Appendix 23-G, as determined by the Department of Planning Services. The failure of any agency to respond within twenty-one (21) days may be deemed a favorable response. All Referral agency review comments are considered recommendations. The authority and responsibility for approval and denial of a zoning permit rests with the County.
No changes to remainder of section.
Article V - Overlay Districts
Amend Sec. 23-5-500. I-25 Overlay District established.
A., no change.
B. Any Development within the I-25 Overlay District area that requires County approval of the following land use processes shall be required to comply with this Division 6, Article V, Chapter 23:
1. and 2., no change. Delete 3 and renumber.
4. Zoning Permit for Certain Uses in the Agricultural Zone District under Division 17, Article IV, of this Chapter 23.
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.
First Reading: July 22, 2026
Publication: July 29, 2026, in the Greeley Tribune
Second Reading: August 10, 2026
Publication: August 14, 2026, in the Greeley Tribune
Final Reading: August 24, 2026
Publication: August 26, 2026, in the Greeley Tribune
Effective: September 1, 2026