HomeMy WebLinkAbout20113308.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Robert Grand,that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: Ordinance 2012-1
REQUEST: In the Matter of Repealing and Reenacting,with Amendments,A portion
of Chapter 23 Zoning and Chapter 29 Building Regulations of the Weld
County Code.
PRESENTED BY: Bruce Barker and Tom Parko
be recommended favorably to the Board of County Commissioners for the following reasons:
1. Section 23-2-120.8.1—That the existing text is in need of revision as proposed. The proposed changes
are part of a semi-annual review of the County Code to respond to constituent input about the Code's
provisions, to update it in relationship to other regulatory documents, and to maintain its overall
functionality. Several of the items proposed for revision come from recommendations made by the public
and landowners, or as the result of observations made by the County Commissioners, Planning
Commission, or County Staff during the processing of land use cases.
2. Section 23-2-120.8.2— That the proposed amendment will be consistent with the future goals and needs
of the County as set out in Chapter 22 and any other applicable code provision or ordinance in effect.
Fundamentally, the proposed revisions are consistent with County goals that support agricultural and
mixed land uses, promote flexibility and predictability in land use matters, and ensure fairness and
consistency in processing requirements.
3. Section 23-2-120.B3 -- That the proposed amendment will be consistent with the overall intent of this
Chapter. The intent of Chapter 23, as defined by Section 23-1-40, is to provide a unified regulatory
system for land use within the County and to promote the health,safety,convenience,morals,order,and
welfare of present and future inhabitants of the County. The proposed changes to the Code are
designed to clarify ambiguities or omissions in the Code, or to update certain regulations to be more
consistent with modern building and safety standards.
Motion seconded by Joyce Smock.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Benjamin Hansford
Mark Lawley
Nick Berryman
Jason Maxey
Joyce Smock
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioneris for further proceedings.
2011-3308
Resolution Ordinance 2012-1
Page 2
CERTIFICATION OF COPY
I,Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado,adopted on December 6, 2011.
Dated a the 6th of December, 2011.
l t 1
Kristine Ranslem
Secretary
Sec. 23-1-90. Definitions.
DWELLING, SINGLE-FAMILY(SINGLE-FAMILY DWELLING): A DWELLING UNIT or
MANUFACTURED HOME other than a MOBILE HOME arranged, designed and intended to
be occupied by not more than one (1) LIVING UNIT. The projected view of any exterior wall of
a DWELLING UNIT or MANUFACTURED HOME shall not be less than twenty-four (204)
feet.
Sec. 23-3-320.I-2 (Industrial) Zone District.
A. Intent. The purpose of the I-2 Zone District is to provide a zone to accommodate
industrial USES which cannot conform to the stringent visual impact requirements of the I-1 Zone
District and which do not want to be subjected to the potential adverse visual impacts permitted in
the 1-3 Zone District. The intent is to permit industries which may create moderate visual
impacts.
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. Uses allowed by right in the I-1 Zone District.
1-2. Any USE of a research, repairing, manufacturing, fabricating, processing, assembling or
storage nature may be conducted in the 1-2 Zone District. The USES identified may be
conducted outside of an ENCLOSED building, provided that the USE and/or operations
of the USE are SCREENED from ADJACENT public rights-of-way and ADJACENT
properties.
23. Areas for parking vehicles or equipment, so long as such parking areas are SCREENED
from the ADJACENT public rights-of-way and on adjacent properties zoned R-1, R-2, R-
3, R-4, R-5, C-1, C-2, C-4 or I-1.
34. SIGNS, as long as the SIGNS are located and designed in accordance with the
requirements of Article IV, Division 2 of this Chapter.
45. UTILITY SERVICE FACILITIES.
56. PUBLIC SCHOOL extension classes.
67. Police and fire stations or facilities.
g8. Disposal of domestic sewage sludge subject to the additional requirements of Article IV,
Division 6 of this Chapter.
89. TEMPORARY seasonal uses, including fruit and vegetable stands, and facilities for the
sale of fireworks and Christmas trees, subject to the permit requirements of Article IV,
Division 7 of this Chapter.
910.Asphalt or concrete batch plant used temporarily and exclusively for the completion of a
PUBLIC road improvements project. The six-month limitation for this TEMPORARY
use may be extended in six-month increments at the discretion of the Director of Planning
Services up to two (2) times, and thereafter by the Board of County Commissioners.
-1811. OUTDOOR STORAGE when SCREENED from public rights-of-way and ADJACENT properties.
Sec. 23-3-330.I-3 (Industrial) Zone District.
A. Intent. The purpose of the I-3 Zone District is to provide a zone to accommodate
industrial USES which may create adverse visual impacts for ADJACENT USES. As a result,
such uses may required locations relatively isolated from other land USE types.
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. Uses Allowed by Right in the I-I Zone District.
2. Uses Allowed by Right in the I-2 Zone District.
1-3. Any USE of a research, repairing, manufacturing, fabricating, processing, assembling or
storage nature may be conducted in the I-3 Zone District.
24. SIGNS, as long as the SIGNS are located and designed in accordance with the
requirements of Article IV, Division 2 below.
35. Parking or vehicles and equipment.
46. UTILITY SERVICE FACILITIES.
57. PUBLIC SCHOOL extension classes.
68. OIL AND GAS PRODUCTION FACILITIES.
79. Police and fire station or facilities.
810. Disposal of domestic sewage sludge subject to the additional requirements of Article IV,
Division 6 of this Chapter.
911. TEMPORARY seasonal uses, including fruit and vegetable stands, and facilities for the
sale of fireworks and Christmas trees, subject to the permit requirements of Article IV,
Division 7 of this Chapter.
-1-012. Asphalt or concrete batch plant used temporarily and exclusively for the completion of a
PUBLIC road improvements project. The six-month limitation for this TEMPORARY use
may be extended in six-month increments at the discretion of the Director of Planning
Services up to two (2) times, and thereafter by the Board of County Commissioners.
1-1-13. OUTDOOR STORAGE, when SCREENED from public rights-of-way and ADJACENT
properties.
Sec. 23-4-950. Intent and applicability.
A. 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 and
E (Estate) Zone District through issuance of a Commercial Vehicle Permit.
ARTICLE X
Enforcement
Sec. 23-10-10.Violations and penalties.
The COUNTY, through its Department of Planning Services or other departments so authorized,
may enforce this Chapter through methods included in this Chapter or through other methods
adopted by the Board of County Commissioners.
Sec. 23-10-20.Criminal penalties.
A. It is unlawful to erect, construct, reconstruct or alter any BUILDING or STRUCTURE in
violation of any provision of this Chapter. Any person, firm or corporation violating any
provision of this Chapter is guilty of a misdemeanor and, upon conviction thereof, shall be
punished by a fine of not more than one hundred dollars ($100.00), or by imprisonment in the
County jail for not more than ten (10) days, or by both such fine and imprisonment. Each day
during which such illegal erection, construction, reconstruction or alteration continues shall be
deemed a separate offense.
B. It is unlawful to use any BUILDING, STRUCTURE or land in violation of any provision
of this Chapter. Any person, firm or corporation violating any provision of this Chapter is guilty
of a misdemeanor and, upon conviction thereof; shall be punished by a fine of not more than one
hundred dollars ($100.00), or by imprisonment in the County jail for not more than ten (10) days,
or by both such fine and imprisonment. Each day during which such illegal USE of any
BUILDING, STRUCTURE or land continues shall be deemed a separate offense.
C. Whenever the Department of Planning Services, through one (1) of its employees, has
personal knowledge of any violation of this Chapter, it shall give written notice to the violator to
correct such violation within thirty(30) days after the date of such notice. Should the violator fail
to correct the violation within such thirty-day period, the Department of Planning Services may
request that the Sheriffs office 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 shall require that the violator appear in court at a definite time and place
stated therein to answer and defend the charge. One (1) copy of said summons and complaint
shall be served upon the violator by the Sheriffs office in the manner provided by law for the
service of a criminal summons. One (1) copy each shall be retained by the Sheriffs office and
Department of Planning Services and one (1) copy shall be transmitted to the Clerk of the Court.
D. It is the responsibility of the County Attorney to enforce the provisions of this Section. In
the event the Board of County Commissioners deems it appropriate, the Board of County
Commissioners may appoint the District Attorney to perform such enforcement duties in lieu of
the County Attorney.
E. My person who violates any provision of Article IX of this Chapter commits a Class 2
petty offense, and upon conviction thereof; shall be punishable by a fine of three hundred dollars
($300.00) for each separate violation. Any arresting law enforcement officer shall follow the
penalty assessment procedure provided in Section 16-2-201, C.R.S., for any violation of said
Article IX. (Weld County Codification Ordinance 2000-1)
Sec. 23-10-30.Equitable relief in civil action.
A. In case any BUILDING or STRUCTURE is or is proposed to be erected, constructed,
reconstructed, altered or used, or any land is or is proposed to be used, in violation of any
provision of this Chapter, the County Attorney, or where the Board of County Commissioners
deems it appropriate, the District Attorney, in addition to the other remedies provided by law,
ordinance or resolution, may institute an injunction, mandamus, abatement or other appropriate
action or proceeding to prevent, enjoin, abate or remove such unlawful erection, construction,
reconstruction, alteration or USE.
B. The County Attorney, acting at the request of the Board of County Commissioners, or the
District Attorney, pursuant to Section 16- 13-302, C.R.S., may bring an action in the District
Court for the COUNTY for an injunction against the operation of an ADULT BUSINESS,
SERVICE OR ENTERTAINMENT ESTABLISHMENT for repeat or continuing violations.
(Weld County Codification Ordinance 2000-1 )
Sec. 23-10-40. Civil penalties.
A. It is unlawful to erect, construct, reconstruct, alter or use any BUILDING, STRUCTURE
or land in violation of this Chapter. In addition to any penalties imposed pursuant to Sections 23-
10-20 and 23- 10-30 above, any person, firm or corporation violating any such regulation,
provision or amendment thereof or any provision of this Chapter may be subject to the imposition,
by order of the COUNTY Court, of a civil penalty in an amount of not less than two hundred fifty
dollars ($250.00) twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) one
thousand dollars ($ 1000). It is within the discretion of the County Attorney to determine whether
to pursue the civil penalties set forth in this Article, the remedies set forth in Sections 23- 10-20
and 23- 10-30 above, or both. Each day after the issuance of the order of the COUNTY Court
during which such unlawful activity continues shall be deemed a separate violation and shall, in
accordance with the subsequent provisions of this Section, be the subject of a continuing penalty
in an amount not to exceed fifty dollars ($50.00) one hundred dollars ($ 100) for each such day.
real property. Until paid, any civil penalty ordered by the county court and assessed under this
subsection (A) shall, as of recording, be a lien against the property on which the violation has
been found to exist. In case the assessment is not paid within thirty 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 other taxes are collected.
The laws of this state for assessment and collection of general taxes, including the laws for the
sale and redemption of property for taxes, shall apply to the collection of assessments pursuant to
this subsection (A). Any lien placed against the property pursuant to this subsection ( 1 ) shall be
recorded with the Weld County Clerk and Recorder.
B. In the event any BUILDING or STRUCTURE is erected, constructed, reconstructed,
altered or used or any land is used in violation of this Chapter, the County Attorney, in addition to
other remedies provided by law, may commence a civil action in COUNTY Court for the County,
seeking the imposition of a civil penalty in accordance with the provisions of this Section.
C. The Department of Planning Services, through one ( 1 ) of its employees, designated by
resolution of the Board of County Commissioners shall, upon personal information and belief that
a violation of any regulation or provision of this Chapter, give written notice to the violator to
correct such violation within thirty (30) ten ( 10) days after the date of such notice. If the violator
fails to correct the violation within such thifty ten-day period or within any extension period
granted by the Department of Planning Services, the violator shall be given a second written
notice that the violation matter has been referred to the county Attorney for legal action, unless
the violator requests in writing a meeting with the Director of the Department of Planning
Services. Following such meeting, the Director of the Department of Planning Services may grant
the violator additional time to cure the violation or may request that the 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.
D. One (1) copy of the summons and complaint issued pursuant to Subsection C above shall
be served upon the violator in the manner provided by law for the service of a County Court civil
summons and complaint in accordance with the Colorado Rules of County Court Civil Procedure.
The summons and complaint shall also be filed with the Clerk of the County Court and thereafter
the action shall proceed in accordance with the Colorado Rules of County Court Civil Procedure.
E. If the County Court finds, by a preponderance of the evidence, that a violation of any
regulation or provision of a zoning resolution, or amendment thereto, as enacted and adopted by
the Board of County Commissioners, has occurred, the Court shall order the violator to pay a
civil penalty in an amount allowed pursuant to Subsection A above. Such penalty 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 so inform the Court and request that the action be
dismissed without fine or appearance of the defendant.
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, removed or
corrected, the Court shall dismiss the action and issue a satisfaction in full of the judgment so
entered.
G. If a receipt showing full payment of the civil penalty or the affidavit required by
Subsection F above is not filed, the action shall continue and the Court shall retain jurisdiction to
impose an additional penalty against the violator in the amount specified in Subsection A of this
Section. Such additional penalty shall be imposed by the Court upon motion filed by the
COUNTY and proof that the violation has not been cured, removed or corrected. Thereafter, the
action shall continue the penalty and any additional penalties so assessed and the filing of an
affidavit of the Department of Planning Services that the violation has been cured, removed or
corrected. (Weld County Codification Ordinance 2000-1)
Sec. 23-10-50.Relationship to other ordinances.
The Department of Building Inspection shall withhold issuance of Building Permits if the USE of
the property does not conform to the terms set forth in this Chapter and any other specified
County ordinance where made applicable by the terms set forth in the specified ordinance
including, but not limited to, those ordinances contained in Chapters 20, 24, 26, 27 and 29 of this
Code. (Weld County Codification Ordinance 2000-1)
ARTICLE XI
Violations and Enforcement
Sec. 29-11-10. Violation.
A. Any person violating this Building Code or any provision of applicable state law is guilty
of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one
hundred dollars ($ 100.00), or by imprisonment in the County jail for not more than ten ( 10) days,
or by both such fine and imprisonment. Each day during which such illegal erection, construction,
reconstruction, alteration, maintenance or use continues shall be deemed a separate offense. In
case any building or structure is or is proposed to be erected, constructed, reconstructed, altered,
remodeled, used or maintained in violation of this Building Code, or of any provisions of
applicable state law, the District Attorney, the Board of County Commissioners or any owner of
real estate within the area, in addition to other remedies provided by law, may institute an
appropriate action for injunction, mandamus or abatement to prevent, enjoin, abate or remove
such unlawful erection, construction, reconstruction, alteration, remodeling or use.
B. It shall be unlawful to erect, construct, reconstruct, alter or change the use of any building
or other structure within the County without obtaining a building permit. The Building Official
shall not issue any permit unless the plans for the proposed erection, construction, reconstruction,
alteration or use fully conform to all zoning regulations of the County, including Chapters 23 and
24 of this Code.
C. It is unlawful to erect, construct, reconstruct, alter, maintain or use any building, structure
or land in violation of this Building Code. In addition to any penalties imposed pursuant to any
other part or subsection of this Article, any person violating any such provision of this Building
Code may be subject to the imposition, by order of the County Court, of a civil penalty in an
amount of not less than two hundred fifty dollars ($250.00) twenty-five dollars ($25.00) nor more
than five hundred dollars ($500.00) one thousand dollars ($ 1000); provided that said violation
occurred or is occurring on or after July 1 , 1998 amended December 6, 2012. It is within the
discretion of the County Attorney to determine whether to pursue the civil penalties set forth in
this Section, the remedies set forth in Section 29-11 -20 A, or both. Each day after the issuance of
the order of the County Court during which such unlawful activity continues shall be deemed a
separate violation and shall, in accordance with the subsequent provisions of this Article, be the
subject of a continuing penalty in an amount not to exceed fifty dollars ($50.00) one hundred
dollars ($ 100) for each such day. In no event s Za__ civi_ pena_ties imposed pursuant to t is Article
constitute a lien against the real property. Until paid, any civil penalty ordered by the County
Court and assessed under this subsection ( 1 ) shall, as of recording, be a lien against the property
on which the violation has been found to exist. In case the assessment is not paid within thirty
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
other taxes are collected. The laws of this state for assessment and collection of general taxes,
including the laws for the sale and redemption of property for taxes, shall apply to the collection
of assessments pursuant to this subsection ( 1 ). Any lien placed against the property pursuant to
this subsection ( 1 ) shall be recorded with the County Clerk and Recorder.
D. In the event any building or structure is erected, constructed, reconstructed, altered, main-
tained or used in violation of this Building Code, the County Attorney, in addition to other
remedies provided by law, may commence a civil action in County Court for the °County in which
such building or structure is situated, seeking the imposition of a civil penalty in accordance with
the provisions of this Section.
E. The Department of Planning Services — Building Department, through one ( 1 ) of its
employees A Building Inspector designated by resolution of the Board of County Commissioners
shall, upon personal information and belief that a violation of any provision of this Building Code
has occurred, give written notice to the violator to correct such violation within thirty (30) ten
(10) days after the date of such notice. If the violator fails to correct the violation within such
thirty day ten-day period or within any extension period granted by the Building Inspector, the
Building Inspector Department of Planning Services-Building Department, the violator shall be
given a second written notice that the violation matter has been referred to the county Attorney
for legal action, unless the violator requests in writing a meeting with the Director of the
Department of Planning Services. Following such meeting, the Director of the Department of
Planning Services may grant the violator additional time to cure the violation or may request that
the 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.
F. One ( 1 ) copy of the summons and complaint issued pursuant to Subsection E above shall
be served upon the violator in the manner provided by law for the service of a eCounty e-Court
civil summons and complaint in accordance with the Colorado Rules of County Court Civil
Procedure. The summons and complaint shall also be filed with the Clerk of the County Court
and thereafter the action shall proceed in accordance with the Colorado Rules of County Court
Civil Procedure.
G. If the County Court finds, by a preponderance of the evidence, that a violation of any
provision of this Building Code has occurred, the Court shall order the violator to pay a civil
penalty in an amount allowed pursuant to Subsection C above. Such penalty 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 so inform the Court and request that the action be
dismissed without fine or appearance of the defendant.
H. 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 Building Inspector that the violation has been cured, removed or corrected, the
Court shall dismiss the action and issue a satisfaction in full of the judgment so entered. The
Court may also dismiss the action upon a motion of the County Attorney indicating that the
matter has been otherwise resolved.
I. If a receipt showing full payment of the civil penalty or the affidavit required by
Subsection H above is not filed, the action shall continue and the Court shall retain jurisdiction to
impose an additional penalty against the violator in the amount specified in Subsection C. above.
Such additional penalty shall be imposed by the Court upon motion filed by the County and proof
that the violation has not been cured, removed or corrected. Thereafter, the action shall continue
until the filing with the Court of a receipt issued by the County Treasurer showing payment in full
of the civil penalty and any additional penalties so assessed and the filing of an affidavit of the
County Building official or that the violation has been cured, removed, or corrected, or until a
motion by the County Attorney to dismiss the action is granted by the Court.
Sec. 29-11-20. Stop orders.
A. Whenever any work is being done contrary to the provisions of this Building Code, or
other pertinent laws or ordinances implemented through the enforcement of this Building Code,
the Building Official may order the work stopped by notice in writing served on any persons
engaged in the doing or causing such work to be done, and any such persons shall forthwith stop
such work until authorized by the Building Official to proceed with the work.
B. Stop work notices and danger signs affixed by the Building Official shall not be mutilated,
destroyed or removed without authority to do so by the Building Official.
Sec. 29-11-30. Occupancy violations.
Whenever any structure is being used contrary to the provisions of this Building Code, the
Building Official may order such use discontinued and the structure or portion thereof vacated by
notice served on any person causing such use to be continued. Such person shall discontinue the
use within ten ( 10) days of receipt of such notice, or make the structure or portion thereof comply
with the requirements of this Building Code; provided, however, that in the event of an unsafe
building, Section 29-11 -40 below shall apply.
Sec. 29-11-40. Dangerous buildings.
All buildings, structures or portions thereof which are determined after inspection by the Building
Official to be dangerous according to the provisions of Chapter 3 of the Uniform Code for the
Abatement of Dangerous Buildings, as adopted in Section 29-2-80 of this Chapter, are hereby
declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal
in accordance with the procedure specified in said Uniform Code for the Abatement of Dangerous
Buildings. (Weld County Code Ordinance 2003-11 )
Sec. 29-11-50. Hazardous, defective or unsafe systems or equipment.
Building systems or equipment that are hazardous, defective or unsafe, constitute a fire or health
hazard, or are otherwise dangerous to human life, as regulated by this Building Code, are hereby
declared as unsafe systems or equipment. Use of a system or equipment regulated by this
Building Code constituting a hazard to health, safety or welfare by reason of inadequate
maintenance, dilapidation, fire hazard, disaster, damage or abandonment is hereby declared an
unsafe use. Such unsafe systems or equipment are hereby declared to be a public nuisance and
shall be abated by repair, rehabilitation, demolition or removal.
Sec. 29-11-60. Authority to disconnect utilities.
A. The Building Official shall have the authority to order disconnection of any utility supplied
to a building, structure, system or equipment regulated by this Building Code, when it is
determined that the system or equipment, or portion thereof, has become hazardous or unsafe.
B. Written notice of such order to disconnect service and the causes therefor therefore shall
be given within twenty-four (24) hours to the owner and occupants of such building, structures or
premises; provided, however, that in cases of immediate danger to life or property, such
disconnection shall be made immediately without such notice. Where utilities are provided by a
public utility, the Building Official shall immediately notify the serving utility in writing of the
issuance of such order to disconnect.
Sec. 29-11-70. Authority to condemn systems or equipment.
A. Whenever the Building Official determines that any system or equipment, or portion
thereof, regulated by this Building Code has become hazardous to life, health, property or has
become unsanitary, the Building Official shall order in writing that such system or equipment
either be removed or restored to a safe or sanitary condition. A time limit for compliance with
such order shall be specified in the written notice. A person shall not use or maintain defective or
unsanitary systems or equipment after receiving such notice.
B. When such system or equipment is to be disconnected, a written notice shall be given. In
cases of immediate danger to life or property, such disconnection shall be made immediately
without such notice.
C. When a building system or equipment is maintained in violation of this Building Code and
in violation of any notice issued pursuant to the provisions of this Section, the Building Official
shall institute any appropriate action to prevent, restrain, correct or abate the violation.
Sec. 29-11-80.Connection after order to disconnect.
A person shall not make connections to any system or equipment regulated by this Building Code
which have been disconnected or ordered to be disconnected by the Building Official, or the use
of which has been ordered to be discontinued by the Building Official until the Building Official
authorizes the reconnection and use of such system or equipment.
Robert Grand moved to delete Condition of Approval 1.H, 2.A, Development Standard 13 and amend
Development Standard 11 to read "Adequate drinking, handwashing and toilet facilities (bottled water and
portable toilets are acceptable) shall be provided for employees and patrons of the facility at all times",
seconded by Bill Hall. Motion carried.
Robert Grand moved to amend Condition of Approval 4 and 6 to reflect the requested 120 day plat deadline,
seconded by Benjamin Hansford. Motion carried.
Alexander Zauder moved to amend Condition of Approval 5 to reflect the requested 120 day plat deadline as
well, seconded by Jason Maxey. Motion carried.
Robert Grand moved to delete the word "house" in the first sentence of Condition of Approval 2.B as
suggested from staff, seconded by Alexander Zauder. Motion carried.
The Chair asked the applicant if he read through the amended Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that he is in agreement.
Jason Maxey moved that Case USR11-0020, be forwarded to the Board of County Commissioners along with
the amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Bill Hall.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Joyce
Smock, yes; Nick Berryman, yes; Robert Grand, yes; Bill Hall, yes;Alexander Zauder,yes; Jason Maxey,yes;
Benjamin Hansford, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair called a recess at 4:28 pm and reconvened the meeting at 4:33 pm.
The last case was read into record.
CASE NUMBER: Ordinance 2012-1
REQUEST: In the Matter of Repealing and Reenacting,with Amendments,A portion of
Chapter 23 Zoning and Chapter 29 Building Regulations of the Weld County
Code.
PRESENTED BY: Bruce Barker and Tom Parko
Tom Parko, Planning Services, presented the code changes starting with the minimum width required for a
manufactured structure in Section 23-1-90. He added that to be consistent with the remainder of the County
Code, staff is proposing the minimum width to be 24 feet.
Commissioner Hansford referred to the cargo containers and converting them into residences as was
approved in previous code changes. He asked if the cargo containers would still be allowed with this code
change. Commissioner Lawley asked if the intent is to clean up the language or to prohibit the single wide
mobile homes. Mr. Parko said that the intent is to clean up the language and not to discourage a single wide
home. Single wide mobile homes that are less than 24 feet can be permitted under the Zoning Permit for a
Mobile Home (ZPMH) application. This application allows for accessory to the farm, principal dwellings, etc.
The next code change proposes to include cumulative zoning in the Industrial Zone District. Currently, the
code allows it in Commercial Zone District. Under the new code change I-1 uses will be allowed in the 1-2
Zone and 1-1 and 1-2 uses will be allowed in the 1-3 zone. However, in no case shall the 1-3 zone uses be
permitted in either the 1-2 or I-1 Zone Districts.
In addition,one(1)commercial vehicle is currently allowed in the Agricultural Zone District.This change would
allow one (1) commercial vehicle in the Estate Zone District as well.
Bruce Barker, County Attorney, presented the proposed changes in the violation process in the Zoning and
Building Code. Stephanie Arries, County Attorney, added that the Code has always allowed the County to
pursue 1 of 3 approaches in dealing with zoning and building code violations. These powers are given to the
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County by Statute. Traditionally, we have only used injunctive procedures to enforce these code provisions
but it's becoming increasing clear that it is not a very effective way of dealing with it. It takes months and
months to go through the process. The District Court Judges have felt that there are better ways to handle
this. The biggest difference between the provisions of the Code is that the civil penalties, if remained unpaid,
become liens on the property. She added that is an efficient way of enforcing the code and believes that this
should be a better way to respond to complaints.
Mr. Barker referred to the proposed code change regarding the minimum width of 24 feet for a manufactured
structure and said that the history goes back to about 1992. At that time we started seeing manufactures
homes and we included in our definitions the allowance of these manufactured homes. We got a law suit by
one of the manufacturers of the manufactured homes and as a result we included a definition to include a
manufactured home in our definitions.There was another definition in our code regarding the ANSI standards
for a minimum of 24 feet. So to be consistent throughout the code staff is recommending that the minimum
width be 24 feet. Mr. Barker added that staff will further research if the definition from the ANSI 1994 Code
has been changed and if so, would it fit within our proposed changes.
Mr. Barker noted that the effective date for the enforcement action with regard to the violation process should
be December 6, 2011 so that we can get the process started for the targeted January 2012 court hearings.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Robert Grand moved that Ordinance 2012-1, be forwarded to the Board of County Commissioners along with
the Planning Commission's recommendation of approval, seconded by Joyce Smock. Motion carried
unanimously.
The Chair asked the Planning Commission members if there was any new business to discuss. No one had
any further business to discuss.
Meeting adjourned at 5:13 pm.
Respectfully submitted,
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Kristine Ranslem
Secretary
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