HomeMy WebLinkAbout20110744.tiff accAynd , tri
WELD 3/02/420//COUNTY
CODE ORDINANCE 2011-3
IN THE MATTER OF REPEALING AND REENACTING,WITH AMENDMENTS,CHAPTER 23 ZONING,
CHAPTER 24 SUBDIVISION, AND CHAPTER 26 RUA, OF THE WELD COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD,
STATE OF COLORADO:
WHEREAS,the Board of County Commissioners of the County of Weld, State of Colorado, pursuant
to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering
the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld County
Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codification
of all previously adopted ordinances of a general and permanent nature enacted on or before said date of
adoption, and
WHEREAS,the Weld County Code is in need of revision and clarification with regard to procedures,
terms, and requirements therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of
Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are,
repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows.
CHAPTER 23
ZONING
RATIONALE FOR MODIFICATION:
Chapter 23, as currently adopted, provides a definition for "Agricultural Exempt Buidling: buildings or
Structures"that conflicts with the same definition in Chapter 29(Building Code). The definition in Chapter
23 is unneeded and confusing as its slightly diffferent than the definition in Chapter 29.
Delete the definition of AGRICULTURAL EXEMPT BUIDING from Sec. 23-1-90. Definitions.
RATIONALE FOR MODIFICATION:
It has been brought to staff's attention that several day care providers have expressed concern with the fee
under Home Occupation Class II permits, which is $300.00. The providers are also concerned that the
Home Occupation Class 11 permit is excessive and ought to be covered under the Class Ipermit because, 1)
the fee is lower, and 2) day cares with fewer than eight(8) children have fewer impacts to neighbors than
Child Care Centers, which have to be permitted through the State and have more children, etc.
Amend the definition of HOME OCCUPATION in Sec. 23-1-90. Definitions, to read as follows:
Section 23-1-90 Home Occupation Definitions.
CLASS I
A HOME OCCUPATION - CLASS ONE shall be conducted solely by the inhabitants of the DWELLING
UNIT and comply with all criteria called out in the HOME OCCUPATION definition. The site shall not be
accessible by the public. Signage: May consist of a maximum of one(1)non-illuminated sign no more than
PAGE 1 2011-0744
ORD2011-3
one (1 ) square foot in size which must be attached to the face of the DWELLING UNIT. Ordinarily, a HOME
OCCUPATION — CLASS ONE shall include similar uses to home office (no customers) , cake decoration ,
and internet sales, etc. A day care home (8 or fewer children under the age of 16) shall be considered a
CLASS I HOME OCCUPATION .
CLASS II
A HOME OCCUPATION - CLASS TWO shall be conducted by the inhabitants of the DWELLING UNIT plus
up to two (2) external employees and comply with all criteria called out in the HOME OCCUPATION
definition . Two (2) associated COMMERCIAL VEHICLES can be included under this application. There
shall only be incidental sales of stocks, supplies or products conducted on the premises. Signage: May
consist of a maximum of one (1 ) non-illuminated sign no more than nine (9) square feet in size which must
be attached to the face of the DWELLING UNIT. Does not produce traffic volumes exceeding that
produced by the DWELLING UNIT by more than 16 average daily trips, provided adequate off-street parking
is provided . Please keep in mind that one vehicle produces two trips - one when arriving and one when
leaving . Therefore, an average of only eight (8) cars can come to the property per day. Trips include those
produced by the residents for any purpose related to conducting the business, the one employee, clients,
deliveries related to the business, etcetera. Ordinarily, a HOME OCCUPATION — CLASS TWO shall
include uses similar to Hair Salon , welding shop, Tax Preparation with customers, etcetera provided it meets
the criteria set forth.
RATIONALE FOR MODIFICATION.
minor modifications and changes to an approved Site Plan Review (SPR) plat. The code as currently
11 • n • 11 • ►►
process, which can be processed adminitratively.
Add Sec. 23 ,2-180. Minor Amendments
A. Minor amencments to any approve° Site P an Review (SPR) may be approvec , approves witi
coneitions, or ceniee aeministrative y by tie P anning Services Director anc may be autiorizec
witiout aceitiona pub is iearings. Suci minor amencments may be autiorizee by tie P anning
Services Director as ong as tie ceve opment app ication, as ameneed, continues to comp y witi
these standards and regulations, at Least to the extent of its original compliance. The Planning
Services Director's approva must be in writing . Tie recision of tie P anning Services Director may
be appealed to the Board of Adjustment pursuant to Chapter 23, Article VI of the WCC (appeals).
B. Review criteria for Minor Amendments to a Site Plan Review. To approve a Minor Amendment the
P anning Services Director must consicer tie fo owing review criteria anc firm tiat eac i criterion
has been met or determined to be inapplicable:
a. The proposed change(s) will be compatible with existing and allowed uses in the
surrouncing area anc be in iarmony witi tie neigiboriooc .
b. The propose° ciange(s) is consistent wit i tie County Compreiensive P an pursuant to
Chapter 22 of the WCC.
c. Tie propose° ciange(s) wi not resu tin a substantia ac verse impact on otner property in
the vicinity of the subject property.
e . Tie recommencations o= re'erra agencies lave been consicerec , if app icab e.
PAGE 2 2011 -0744
ORD2011 -3
e. Is not deemed a major change.
RATIONALE FOR MODIFICATION:
This paragraph G. is being added to provide clarity that the entire lot/parcel needs to be included within the
boundaries for any Use by Special Review application.
Amend Sec. 23-2-200. Intent and applicability.
A thru F - No Change
G. An application for a Special Review Permit shall include the entire LEGAL LOT upon which the
Special Review Permit will be located .
H . The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the paper copies, the applicant shall
submit a Mylar plat, along with all other documentation required as Conditions of Approval. The
Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department
of Planning Services. The plat shall be prepared in accordance with the requirements of Section 23-
2-260. D of the Weld County Code. The Mylar plat and additional requirements shall be recorded
within sixty (60) days from the date of the Board of County Commissioners Resolution. The applicant
shall be responsible for paying the recording fee.
If a Use by Special Review (USR) plat has not been recorded within sixty (60) days from the date of
the Board of County Commissioners Resolution, or within a date specified by the Board of County
Commissioners, the Board may require the landowner to appear before it and present evidence
substantiating that the Use by Special Review (USR) has not been abandoned and that the
applicant possesses the willingness and ability to record the Use by Special Review (USR) plat. The
Board of County Commissioners may extend the date for recording the plat. If the Board determines
that conditions supporting the original approval of the Use by Special Review (USR) plat cannot be
met, the Board may, after a public hearing , revoke the Use by Special Review (USR) .
RATIONALE FOR MODIFICATION:
The current code does not require Certificate of Conveyances (COC) at the time of application,for the Use
by Special Review (USR) permit. COC 's are necessary to ensure that the property has been subdivided
correctly and provides staff with the necessary title work to substantiate the use.
Add Section 23-2-260.B.18 to read as follows:
18. A Certificate of Conveyances form provided by the Department of Planning Services and
completed by a Title Insurance or Abstract Company.
RATIONALE FOR MODIFICATION:
These modifications are being added to clarify the process to partially vacate an existing USR.
Amend Sec. 23-2-280. Changes to a Special Review Permit.
A - No Change
B. Any decrease in the land mass occupied by a Use by Special Review Permit shall qualify the
landowner to be able to request a partial vacation of the Use by Special Review from the Board of
County Commissioners, permitting the following :
PAGE 3 2011 -0744
ORD2011 -3
1. The subject property under consideration for a partial vacation of the Use by Special Review
has received permission to release the property from the permit from applicable County and
State agencies. An example would be the release of a portion of a gravel mining operation
from the Colorado Division of Mining Reclamation and Safety at the completion of the
reclamation activities on the subject property. Evidence of such release shall be provided to
the Department of Planning Services with the request to vacate such portion of the property.
2. The partial vacation process defined herein does not create separate parcels.
3. To obtain a partial vacation of the Use by Special Review permit, the applicant shall:
a. Submit a letter to the Department of Planning Services requesting the partial
vacation.
b. Submit a revised Use by Special Review plat to the Department of Planning Services
illustrating the vacated portion of the property and the existing permit. The revised
plat shall include a note stating that the partial vacation does not create separate
parcels.
Remainder of Section - No Change
RATIONALE FOR MODIFICATION:
The code as currently adopted does not provide a minor amendment process for landowners who propose
minor modifications and changes to an approved Use by Special Review (USR)plat. The code as currently
adopted speaks to "major"changes and is vague as to what triggers a "major"change. Staff proposes to
keep major changes and the criteria to process a major change as is, but proposes the a minor amedment
process, which can be processed adminitratively.
Add Sec. 23-2-285. Minor Amendments.
A. Minor amendments to any approved Use by Special Review and Site Specific Development Plan
may be approved, approved with conditions, or denied administratively by the Planning Services
Director and may be authorized without additional public hearings. Such minor amendments may be
authorized by the Planning Services Director as long as the development application, as amended,
continues to comply with these standards and regulations, at least to the extent of its original
compliance. The Planning Services Director's approval must be in writing. The decision of the
Planning Services Director may be appealed to the Board of Adjustment pursuant to Chapter 23,
Article VI of the WCC (appeals).
B. All applications will have finding of fact prepared by staff for a Minor Amendment and may require a
pre-application meeting. Notification to neighbors within 500 feet of the property shall be mailed.
The fee for a minor amendment is listed in the fee schedule, as amended.
C. Review criteria for Minor Amendments to a Use by Special Review Application and Site Specific
development Plan. To approve a Minor Amendment the Planning Services Director must consider
the following review criteria and find that each criterion has been met or determined to be
inapplicable:
a. The proposed change(s) will be compatible with existing and allowed uses in the
surrounding area and be in harmony with the neighborhood.
PAGE 4 2011-0744
ORD2011-3
b. The proposed change(s) is consistent with the County Comprehensive Plan pursuant to
Chapter 22 of the WCC.
c. The proposed change(s)will not result in a substantial adverse impact on other property in
the vicinity of the subject property.
d. The recommendations of referral agencies have been considered.
e. Not deemed to be a major change.
f. Must be consistent with the original development standards.
D. The Planning Services Director may refer a Minor Amendment to the Planning Commission. If so
referred,the decision of the Planning Commission shall constitute a final decision, subject to appeal
to the Board of County Commissioners.
RATIONALE FOR MODIFICATION:
Requiring mailed surrounding property owner notification ofproperty owners for Non-1041 Major Facility
of a Public Utility USR's for pipelines and transmission lines will ensure consistency with existing
notification requirements of the 1041 USR's for pipelines and transmission lines outlined in Chapter 21 of
the WCC. Additionally, requiring mailed notification in addition to advertisement of the pipeline or
transmission route(s) in the newspaper will help ensure that all potentially impacted parties are notified.
Amend Sec. 23-2-330. Duties of Department of Planning Services.
A thru B.5 - No change
6. Give notice of application for a Special Review Permit and the public hearing date to those persons
listed in the application as owners of property located within five hundred (500) feet of the parcel
under consideration. For transmission line or pipeline projects, notice of application shall be given
for surface property owners for five hundred (500) feet on either side of the centerline of the
proposed preferred alignment, and to interest holders (excluding mineral interests) in any real
property proposed to be physically disturbed or crossed by the activity or development which is the
subject of the application. Such notification shall be mailed, first-class, no less than ten (10)days
before the scheduled public hearing. Such notice is not required by state statute and is provided as
a courtesy to surrounding property owners(the surface estate.) Inadvertent errors by the applicant
in supplying such list or the Department of Planning Services in sending such notice shall not create
a jurisdictional defect in the hearing process even if such error results in the failure of a surrounding
property owner to receive such notification. In addition, applicants for an electric TRANSMISSION
LINE or PIPELINE which is more than one(1) mile in length shall advertise the hearing at least once
in the newspaper designated by the Board of County Commissioners for publication of notices a
minimum of ten (10) days prior to the hearing date. The advertisement shall contain a map
displaying the proposed preferred and alternative routes along with a description of the hearing time,
date and location.
7. Applicants for an electric TRANSMISSION LINE or gas PIPELINE which is more than one(1)mile in
length shall advertise the hearing at least once in the newspaper designated by the Board of County
Commissioners for publication of notices a minimum of ten (10)days prior to the hearing date. The
advertisement shall contain a map displaying the proposed alternative routes, along with a
description of the hearing time, date and location.
Remainder of Section - No change
PAGE 5 2011-0744
ORD2011-3
RATIONALE FOR MODIFICATION:
Home Occupations — Class I was added to the R-I (and all subsequent Residential) Zone District(s),
however, the old language was not removed
Delete Sec. 23-3-110.C.5 and renumber subsequent sections.
RATIONALE FOR MODIFICATION:
The current code requires a Use by Special Review for Oil and Gas Production Facilities in the I-I,
Industrial Zone District. Given the nature of the facility, staff has determined that the potential issues
associated with this land use can be fully addressed through the administratively processed Site Plan Review
process.
Amend Sec. 23-3-310. I-1 (Industrial) Zone District.
A thru B.11 - No Change
12. OIL AND GAS PRODUCTION FACILITIES
C. Accessory Uses. The BUILDINGS, STRUCTURES and USES may be allowed in the I-1 Zone
District so long as they are incidental and ACCESSORY to the Uses Allowed by Right. Such
BUILDINGS, STRUCTURES and USES must be designed, constructed and operated in
conformance with the performance standards set forth in Sections 23-3-340,23-3-350 and 23-3-360
below.
C.1 thru C.8 - No Change
D. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be
constructed, occupied or maintained in the I-1 Zone District upon the approval of a permit in
accordance with the requirements and procedures set forth in Article II, Division 4 of this
Chapter.
Delete D.1 and renumber subsequent paragraphs.
Remainder of Section - No Change
RATIONALE FOR MODIFICATION:
Home Occupations need to be addressed in the Estate Zone District.
Amend Sec. 23-3-420.D. HOME OCCUPATIONS - CLASS I shall comply with Section 23-1-90 and
CLASS II shall comply with Section 23-1-90 and Article IV, Division 12 of this Chapter.
RATIONALE FOR MODIFICATION:
The current code establishes a minimum lot size between 1 acre and 2.49 acres for a wind generator with a
maximum height of 40 feet and is an accessory use. The Board of Adjustment recently took a case from a
property owner in Camfield, an unincorporated town site in Weld County seeking a variance to place a 30
foot generator on less than 1 acre. The Board of Adjustment made a recommendation to the Planning
Commission to reduce the minimum lot size to less than I acre as long as the height of the wind generator
meets current setbacks.
PAGE 6 2011-0744
ORD2011-3
Amend Sec. 23-4-450. Wind generator standards.
WIND GENERATORS are allowed as accessory uses, subject to Zoning Permit for Wind
Generator requirements, or as a Use-by-Special Review Permit, per the height guidelines and maximum
numbers for LEGAL LOTS, below. The height of a wind tower is measured at the hub of the generator:
Accessory Use Zoning Permit for
Lot Size(Gross Acres) (Building Permit Required only) WIND GENERATOR Use-by-Special Review Permit
*Less than 2.49 Acres Up to 40 feet and rotor diameter 12 41 —60 feet Above 60 feet,or more than 3
feet or less per LEGAL LOT
2.5 Acres—4.99 Acres Up to 60 feet and below and rotor 61-120 feet Above 120 feet,or more than 3
diameter of 14 feet or less per LEGAL LOT
5 Acres and Above Up to 120 feet and below and rotor 121-180 feet Above 180 feet,or more than 3
diameter 25 feet or less per LEGAL LOT
*On lots less than 2.5 acres the owner shall submit evidence to the Planning Department that the wind generator can
meet the setbacks from property lines found in Section 23-4-450.D
All WIND GENERATORS are subject to the following standards:
A. Up to three (3) WIND GENERATORS per LEGAL LOT are allowed. More than three (3) WIND
GENERATORS on a LEGAL LOT shall require the issuance of a Use-by-Special Review Permit,
pursuant to the requirements of Article II, Division 4 of this Chapter, or the issuance of a 1041
Permit, pursuant to the requirements of Article III, Chapter 21 of this Code.
B. WIND GENERATORS requiring the issuance of a Zoning Permit for WIND GENERATOR are
subject to the application requirements of Section 23-4-460 of this Chapter. WIND GENERATORS
requiring the issuance of a Use-by-Special Review Permit are subject to the application
requirements of Section 23-2-260 of this Chapter. WIND GENERATORS requiring the issuance of
a 1041 Permit are subject to the application requirements of Article III, Chapter 21 of this Code.
C. All WIND GENERATORS must be set back from property lines, public rights-of-way and access
easements of a distance at least one(1)times the height of the generator(as measured to the tip of
rotor blades).
D. All WIND GENERATORS must be set back from any existing or planned overhead lines a distance
of at least one (1) times the height of the generator(as measured to the tip of rotor blades)
Remainder of Section - No Change
RATIONALE FOR MODIFICATION:
Adding submittal requirements as these were not added with original code changes as well as adding in a
time limit to begin permit. These changes also were made to be consistent with our permit requirements as
far as the language.
Amend Sec. 23-4-600. Permit requirements.
No second SINGLE-FAMILY DWELLING on a LEGAL LOT in the A(Agricultural)Zone District shall
be allowed without first receiving an approved zoning permit as required by this Division. The intent of
allowing a second SINGLE-FAMILY DWELLING on a LEGAL LOT in the A(Agricultural)Zone District is to
provide for family and caregivers to dwell on the same LEGAL LOT.An application for any zoning permit for
PAGE 7 2011-0744
ORD2011-3
a second SINGLE-FAMILY DWELLING on a LEGAL LOT in the A(Agricultural)Zone District shall include
the following:
A thru B - No Change
C. A zoning permit for a second single family dwelling application form provided by the Department of
Planning Services. All fee owners of property must sign the application or, if an authorized agent
signs, a letter of authorization from all fee owners must be included with the application. If a
corporation is the fee owner, notarized evidence must be included showing that the signatory has
legal authority of the partnership to sign for the corporation or partnership and that the corporation or
partnership has the authority to do business in the State.
D thru F.6 - No Change
G. Evidence that a water supply of sufficient quality, quantity and dependability will be/is available to
serve the proposed use. A letter from a water district or municipality or a well permit are examples
of evidence for domestic use.
H. A statement explaining that the both dwellings will/do have adequate means for the disposal of
sewage in compliance with the requirements of the underlying zone district and the Department of
Public Health and Environment, if applicable. An existing septic system permit or a copy of a letter
from a sanitation sewer district indicating existing service or availability of sewage disposal to each
proposed lot are examples of evidence for domestic use.
I thru K- No Change
L. A copy of a deed or legal instrument identifying the applicant's interest in the property under
consideration.
M. A certificate of conveyances form provided by the Department of Planning Services and completed
by a Title Insurance or Abstract Company.
N. A detailed description of the request and its purpose and benefits.
O. A Weld County Road Access Information Sheet.
P. A Statement of Taxes from the County Treasurer showing no delinquent taxes for the area referred
to in the application materials.
Q. A signed affidavit stating that a family member/caregiver will be residing in the second home.
Amend Sec. 23-4-620. Delegation of authority.
The Board of County Commissioners delegates the authority to issue a Zoning Permit for a second
SINGLE-FAMILY DWELLING on a LEGAL LOT in the A (Agricultural) Zone District, which otherwise
requires the approval of the Board of County Commissioners through a public hearing process, to the
Department of Planning Services upon a determination by the Department that:
A. The applicant is in compliance with the criteria identified in this Division 8.
B. The Department of Planning Services has sent notice and received signed notification of 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 second SINGLE-FAMILY DWELLING.The petition shall
indicate that the surrounding property owners who have signed the notification have objections to
PAGE 8 2011-0744
ORD2011-3
the issuance of a zoning permit for the second SINGLE-FAMILY DWELLING. Any notice not
received within twenty-eight (28) days shall be deemed a positive response of said request.
C. Construction pursuant to approval of a Second Single Family Dwelling Zoning Permit shall be
commenced within six(6)months from the date of approval, unless otherwise specified by the Board
of County Commissioners when issuing the original Permit, or the Permit shall be vacated. The
Director of Planning Services may grant an extension of time,for good cause shown, upon a written
request by the landowner.
RATIONALE FOR MODIFICATION:
During the last set of Code Changes(Ordinance 2010-6), staff suggested an easier application process for
smaller home occupation style operations. The following recommendations are suggestions to accurately
reflect application requirements and the application process.
Amend Section 23-4-970. HOME OCCUPATION —Class II permit requirements.
A. Intent. A HOME OCCUPATION — Class II Zoning Permit shall be obtained for any HOME
OCCUPATION falling within the definition of a Class II operation.
B. Application requirements. An application for any zoning permit for a HOME OCCUPATION required
by this Division shall include the following:
1. Name, address and telephone number of the applicant.
2. Name, address and telephone number of the owner of the land if different from Subsection 1
above.
3. Evidence of interest in the subject land held by the applicant, such as a deed, lease
agreement or similar evidence.
4. A copy of a deed or legal instrument identifying the applicant's interest in the property under
consideration.
5. Number of acres of the property.
6. A sketch plan of the site at the scale of one (1) inch represents twenty (20) feet or other
suitable scale to show:
a. The proposed location of the commercial vehicle(if applicable), including distances
from the property LOT lines and other STRUCTURES on the property.
b. Access to be utilized by the commercial vehicle(if applicable)indicating whether the
access is existing or proposed.
c. Location and measurements of any easements or rights-of-way.
d. Road Access Sheet.
e. Identification of any county, state or federal roads or highways.
f. Existing STRUCTURES on the property.
g. The STRUCTURE(s) in which the HOME OCCUPATION shall be operated within
shall be appropriately labeled. The total area of use shall also be delineated.
PAGE 9 2011-0744
ORD2011-3
7. An application fee.
8. The requirements of this Division require the applicant to provide 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 property lines of the parcel. 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.
9. Whether the property is situated within a subdivision regulated by a Home Owners
Association (HOA). If applicable, contact information shall be provided.
10. Acknowledgement that this zoning permit shall not be transferable by the applicant and/or
owner to any successor;the zoning permit shall terminate automatically upon conveyance or
lease of the property.
11. Evidence that a water supply of sufficient quality, quantity and dependability will be/is
available to serve the proposed lot and use, if applicable. A letter from a water district or
municipality or a well permit are examples of evidence for domestic use.
12. A statement explaining that the proposed lots will/do have adequate means for the disposal
of sewage in compliance with the requirements of the underlying zone district and the
Department of Public Health and Environment, if applicable.An existing septic system permit
or a copy of a letter from a sanitation sewer district indicating existing service or availability
of sewage disposal to each proposed lot are examples of evidence for domestic use.
13. A Weld County Road Access Information Sheet.
14. A Statement of Taxes from the County Treasurer showing no delinquent taxes for the area
referred to in the application materials.
15. Questionnaire.
C. Duties of Department of Planning Services and Board of County Commissioners.
1. The Board of County Commissioners delegates the authority and responsibility for
processing and approving the zoning permit to the Department of Planning Services. The
Department of Planning Services shall also have the responsibility of ensuring that all
application submittal requirements are met prior to initiating any official action. Once a
complete application is submitted, the Department of Planning Services shall send the
application to referral agencies for review and comment, if applicable. The agencies shall
respond within twenty-eight (28) days after the application is mailed. The failure of any
agency to respond within twenty-eight(28) days may be deemed a favorable response. All
referral agency review comments are considered recommendations to the County. The
authority and responsibility for approval and denial of a zoning permit rests with the County.
2. The Department of Planning Services shall refer the application to any agencies or
individuals whose review the Department of Planning Services or the Board of County
Commissioners deems necessary.
PAGE 10 2011-0744
ORD2011-3
3. 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 commercial
vehicle. If opposed, the petition shall indicate that the surrounding property owners who
have signed the notification have objections to the issuance of a zoning permit for the Home
Occupation.
4. The County Planner shall prepare a permit/agreement within sixty(60) days of receipt of a
complete application. The permit/agreement shall address all aspects of the application,
including, but not limited to, comments received from agencies to which the proposal was
referred and the standards contained in this Article.
5. When, in the opinion of the Department of Planning Services, an applicant has not met one
(1) or more of the standards of Section 23-4-970.D.1 through 8 and/or negative responses
are received from at least thirty percent(30%)of the surrounding property owners within 500
feet of the subject property, a hearing shall be scheduled before the Board of County
Commissioners.
6. The Board of County Commissioners shall hold a public hearing to consider the permit
application and to take final action thereon, if the Planning Staff has determined that the
application has not met the standards of Section 23-4-970.D.1 through 8. The Board of
County Commissioners'decision shall consider the recommendation of the Planning Staff,
referral agency responses, the application case file, and facts presented at the public
hearing. The Board of County Commissioners shall approve the permit unless it finds that
the applicant has not met one (1) or more of the standards as listed in Section 23-4-970.
7. A permit/agreement shall be prepared after an application is approved and all conditions of
approval have been met. The permit/agreement shall be submitted to the Department of
Planning Services for recording in the office of the County Clerk and Recorder.
D. Duties of the Board of County Commissioners.
The Board of County Commissioners shall hear the application at a regularly scheduled meeting of
the Board, if the application does not meet the criteria stated in Paragraphs A through C above and Section
23-1-90 of this Chapter.
The Board of County Commissioners shall give notice of the application for a zoning permit and the
meeting date to those persons listed in the application as owners of property located within five hundred
(500)feet of the parcel under consideration. Such notification shall be mailed,first class, not less than ten
(10) days before the scheduled meeting. Such notice is not required by state statute and is provided as a
courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in
supplying such list or the Department of Planning Services in sending such notice shall not create a
jurisdictional defect in the permit process, even if such error results in the failure of a surrounding property
owner to receive such notification.
The Department of Planning Services shall post a sign for the applicant on the property in question
indicating that a HOME OCCUPATION—Class II has been requested for the property,the meeting date and
telephone number where further information may be obtained. The sign shall be posted at least ten (10)
days prior to the meeting date and evidenced with a photograph.
The Board of County Commissioners shall consider any testimony of surrounding property owners
concerning the effects of the HOME OCCUPATION on surrounding properties. The Board of County
Commissioners shall also consider the following factors in reviewing applications for a permit for a HOME
OCCUPATION —Class II:
PAGE 11 2011-0744
ORD2011-3
1. Compatibility with surrounding area, harmony with the character of the NEIGHBORHOOD
and its effects upon the immediate area.
2. The proposal is consistent with the policies and goals of Chapter 22 of this Code.
3. Availability of adequate water and sewage disposal facilities.
4. The general health, safety and welfare of the inhabitants of the area and the COUNTY.
5. The proposal is consistent with the definition as expressed in Section 23-1-90 of this
Chapter.
a) The approval of the zoning permit may be conditioned or restricted to carry out the
intent of Section 23-1-90 of this Chapter or to mitigate impacts or address concerns
of referral agencies. Conditions of approval shall be met prior to recording the
permit/agreement, and restrictions may be enforced by means of conditions in the
permit/agreement.
6. The application complies with any Home Owners Association (HOA)standards, if applicable.
7. The proposed zoning permit complies with Chapter 23, Article IV, Division 13 of this Code.
8. An access is, or can be made, available that provides for safe ingress and egress to a public
road. All accesses shall be in accordance with Chapter 8, Article II of this Code, and shall
endeavor to achieve the goal of no"net increase" in the number of accesses onto adjacent
County roads when accesses already exist.
a) Where the access is adjacent to a state highway, the Colorado Department of
Transportation has jurisdiction over existing or proposed accesses. The applicant
shall be responsible for obtaining a new access permit from the Colorado
Department of Transportation.
RATIONALE FOR MODIFICATION:
The current code requires that a Nonconforming Use be abandoned after 6 months of inactivity.
Amend Sec. 23-7-30. Nonconforming uses of land.
Where at the time of passage of this Chapter, or of passage of future amendments of this Chapter, a
lawful use of land exists which would not be permitted by the regulations imposed by this Chapter or future
amendment, the use may be continued so long as it remains otherwise lawful provided that the following
conditions are met:
A.1 thru 6.2 - No Change
C. Abandonment. No nonconforming USE of land shall cease so long as the property and
associated STRUCTURE(S)associated with the nonconforming USE are being maintained
in accordance with this Code. If any such nonconforming USE of land ceases for any
reason for a period of more than six (6) months, and the property and associated
STRUCTURE(S) are not adequately maintained, the nonconforming use shall cease. Any
subsequent USE of such LOT or parcel shall conform to the regulations specified by this
Chapter for the zoning district in which such LOT or parcel is located.
PAGE 12 2011-0744
ORD2011-3
CHAPTER 24
SUBDIVISIONS
RATIONALE FOR MODIFICATION:
Telecommunication Antenna Towers are no longer defined as public utility facilities. This code amendment
will ensure that Telecommunication Antenna Towers are still eligible for the Subdivision Exemption process.
The Subdivision Exemption process has historically been used for Telecommunication Antenna Towers and
is an appropriate process given that most Telecommunication Antenna Towers encumber only a portion of
existing properties through lease and/or easement arrangements with property owners.
Amend Sec. 24-8-30. Subdivision exemption.
A. The subdivision exemption is intended for the following six (6) purposes:
1. Division of a parcel of interest in a parcel which does not result in the creation of a new
residential or permanent building site. When otherwise allowed by recorded exemption
regulations, the subdivision exemption can be utilized in conjunction with a recorded
exemption to separate one (1) additional existing habitable residence with accessory
outbuildings from any of the recorded exemption parcels. A subdivision exemption lot in
conjunction with a recorded exemption created prior to March 1, 2004, is eligible for a one-
time-only land exemption. A subdivision exemption lot in conjunction with a recorded
exemption created after March 1, 2004, is not eligible for a future land exemption. The
subdivision exemption must meet the following criteria:
a thru g - No Change
2. For adjustment of property lines between two (2) contiguous parcels.
3. For the creation of lots for the purpose of financing.
a. Lots created for the purpose of mortgaging a dwelling unit shall not result in the
creation of a lot to be sold separately. Upon termination of the mortgage
arrangement, the lot shall cease to exist.
b. Foreclosure of the parcel created for financing purposes shall not create a separate
legal parcel unless the process described in Section 24-1-40, Subdivision or
Subdivided land, b. has been followed.
4. For the temporary use of a parcel for public utility facilities.
5. For the temporary use of a parcel for oil and gas production facilities; oil and gas storage
facility or oil and gas support and service facilities. Upon termination of the leasehold
arrangement, the lot and access shall cease to exist.
6. For the temporary use of a parcel for Telecommunication Antenna Tower facilities.
PAGE 13 2011-0744
ORD2011-3
CHAPTER 26
REGIONAL URBANIZATION AREAS (RUA)
RATIONALE FOR MODIFICATION:
Staff is requesting that additional zoning and administrative permits be exempted from the PUD
requirements in Regional Urbanization Areas. Zoning Permits for a Second Dwelling, Certificate of
Compliance for Auxiliary Quarters, Zoning Permits for Telecommunication Antenna Towers, Zoning
Permits for a Home Occupation (Class II), Zoning Permits for Wind Generators and Temporary Seasonal
Permits already have an application and review process. It is unnecessary and inefficient to require an
additional application and review through the PUD process for these land uses.
Amend Sec. 26-1-50. PUD Districts in RUAs.
A. Intent. The PUD provisions shall be applied to all proposals for commercial, industrial and
residential developments within the RUAs, with the exception of those developments specifically
called out and excluded in this Code. All PUD Districts in the RUAs shall adhere to the procedures
and requirements outlined in Chapter 27 of this Code.
B. Exemptions from the PUD District Provisions.
1. The following uses are exempt from utilizing the PUD process within the RUAs and will
require a Use by Special Review (USR) application:
a. Sand and gravel mining operations.
b. Home businesses as defined in Chapter 23 of this Code.
c. Agricultural service establishments primarily engaged in performing agricultural,
animal husbandry or horticultural services on a fee or contract basis, including such
uses as outlined in Section 23-3-40.6 of this Code.
d. Those uses which were legally created prior to the PUD requirement and located on
a single legally created lot.
e. Telecommunication Tower(s) greater than 70-feet in height and not located in
Estate, Residential, or PUD zones with residential uses.
f. Non-commercial towers greater than 130 feet in height.
2. The following land use applications are exempt from utilizing the PUD process in the A
(Agricultural) Zone District within the RUAs:
a. Recorded exemption in the A (Agricultural) Zone District.
b. Subdivision exemptions.
c. Amendments to recorded exemptions and subdivision exemptions.
d. Zoning permits for mobile homes.
e. Zoning permits for Second Dwelling.
f. Auxiliary Quarters.
PAGE 14 2011-0744
ORD2011-3
g. Certificate of compliance.
h. Flood hazard and geologic hazard development permits.
Zoning Permits for Telecommunication Antenna Towers.
j. Zoning Permits for Non-Commercial Towers.
k. Zoning Permits for a Home Occupation (Class l).
Zoning Permits for a Home Occupation (Class II).
m. Zoning Permits for Wind Generators.
n. Temporary Seasonal Permits.
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is,directed to
arrange for Colorado Code Publishing to supplement the Weld County Code with the amendments
contained herein,to coincide with chapters, articles, divisions, sections, and sub sections 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 sub-sections 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.
The above and foregoing Ordinance Number 2011-3 was, on motion duly made and seconded,
adopted by the following vote on the 11th day of April, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
Sean P. Conway, Pro-Tem
BY:
Deputy Clerk to the Board
William F. Garcia
APPROVED AS TO FORM:
David E. Long
County Attorney
Douglas Rademacher
Publication: January 12, 2011
First Reading: February 28, 2011
PAGE 15 2011-0744
ORD2011-3
Publication: March 9, 2011, in the Fort Lupton Press
Second Reading: March 21, 2011
Publication: March 30, 2011, in the Fort Lupton Press
Final Reading: April 11, 2011
Publication: April 20, 2011, in the Fort Lupton Press
I Effective: April 25, 2011
PAGE 16 2011-0744
ORD2011-3
Hello