HomeMy WebLinkAbout20110919.tiff of
WELD 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hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to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
Delete the definition of AGRICULTURAL EXEMPT BUIDING from Sec. 23-1-90. Definitions.
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 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.
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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.
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).
Add Section 23-2-260.6.18 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.
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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:
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
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:
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1. The proposed change(s) will be compatible with existing and allowed uses in the
surrounding area and be in harmony with the neighborhood.
2. The proposed change(s) is consistent with the County Comprehensive Plan
pursuant to Chapter 22 of the WCC.
3. The proposed change(s) will not result in a substantial adverse impact on other
property in the vicinity of the subject property.
4. The recommendations of referral agencies have been considered.
5. Not deemed to be a major change.
6. Must be consistent with the original development standards.
D. The Planning Services Director may refer a Minor Amendment to the Board of County
Commissioners.
E. Purpose. The purpose of this packet is to provide information to the applicant regarding
Weld County's Site Specific Development Plan and Use by Special Review Permit process.
F. Intent and Applicability. The purpose of this packet is to provide general information to an
applicant about the Minor Amendment application process. It is not intended to be a
substitute for the specific requirements of Weld County Code, Chapter 23,Article II, Division
4. It is the responsibility of the applicant to be knowledgeable of the specific requirements of
the Weld County Code, Chapter 23, Article II, Division 4, for the Minor Amendment
application process. The Department of Planning Services is responsible for reviewing and
processing the application in accordance with Section 23-2-280.5 of the Weld County Code.
G. Pre-application Conference. It shall be at the discretion of the Department of Planning
Services to determine if a pre-application conference is necessary to meet with the applicant
and discuss information pertaining to the amendment. The standard pre-application form
shall be used.
H. Sign Posting. The Department of Planning Services will be responsible for providing and
posting a sign on the property under consideration in a location readily visible from the
adjacent publically maintained roadway(s). The sign will be posted at least ten (10) days
preceding the hearing date for the Board of County Commissioners' hearing. In the event
the property under consideration is not adjacent to a publicly maintained road right-of-way,a
second sign at the point at which the driveway (access drive) intersects a publicly
maintained road right-of-way will be posted. The sign posting will be evidenced with a
photograph.
Investigation Fee. An additional fifty percent (50%) of the permit fee shall be added to the
cost of the Minor Amendment Special Review permit application fee when the use is started
without a Minor Amendment Special Review permit. The payment of the investigation fee
shall not relieve any persons from fully complying with the requirements of the Weld County
Code, Chapter 23, nor from any other penalties.
J. Application Requirements:
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1. One original application form (additional copies may be required, on request of the
Department of Planning Services).
2. One copy of the Special Review plat map (24" X 36") - see attached page for map
requirements.
3. One 8-1/2" x 11" reduced copy of the (24" X 36") Special Review plat.
4. One digital or electronic copy of completed application materials, if required.
5. One original minor amendment questionnaire.
6. One original Weld County Access Permit Application Form, if required. Clearly
indicate all existing and proposed accesses (residential, agricultural, oil and gas,
ditch, etc.).
7. One copy of deed or legal instrument identifying applicant's interest in the property.
8. One copy of document showing evidence of adequate water supply(e.g.,well permit
or letter from water district). If using a well, please complete the attached Water
Supply Information Summary.
9. One copy of document showing evidence of adequate sewage disposal (e.g.,septic
permit or letter from the sanitary sewer district).
10. One copy of affidavit and certified list of the names, addresses and the
corresponding parcel identification number assigned by the Weld County Assessor
of the owners' of property (the surface estate) within five hundred (500) feet of
property being considered. This list shall be compiled from the records of the Weld
County Assessor, the Weld County Website, www.co.weld.co.us, or a person
qualified to do the task, and shall be current as of a date no more than thirty (30)
days prior to the date the application is submitted to the Department of Planning
Services.
11. Notice of Inquiry if located within an Intergovernmental Agreement(IGA) boundary.
12. Application fee.
13. Investigation fee, if required (fifty percent of permit fee).
14. Additional information as may be required by the Department of Planning Services
and other Departments or the Board of County Commissioners in order to determine
that the application meets the requirements of this Chapter and the policies of
Chapter 22 of this Code.
15. Special Review plat recording fee($11.00 first page+$10.00 each additional page).
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K. Questionnaire. The following questions are to be answered and submitted as part of the
Minor Amendment application. If a question does not pertain to your use, please respond
with "not applicable", with an explanation as to why the question is not applicable.
1. Explain, in detail, the proposed amendment to the property.
2. Explain how this proposal is consistent with the intent of the Comprehensive Plan,
pursuant to Chapter 22 of the Weld County Code.
3. What type of uses surround the site(explain how the proposed use is consistent and
compatible with surrounding land uses).
4. Describe, in detail, the following:
a. Number of people who will use this site.
b. Number of employees proposed to be employed at this site.
c. Hours of operation.
d. Type and number of structures to be erected (built) on this site.
e. Type and number of animals, if any, to be on this site.
f Kind of vehicles (type, size, weight)that will access this site and how often.
g. Who will provide fire protection to the site.
h. Water source on the property (both domestic and irrigation).
Sewage disposal system on the property (existing and proposed).
j. If storage or warehousing is proposed, what type of items will be stored.
k. Explain how the stormwater drainage will be handled on the site.
I. Explain where storage and/or stockpile of wastes will occur on this site.
L. Site Specific Development Plan and Use By Special Review (USR) Map Requirements:
1. Vicinity Map Requirements:
a. One inch equals two thousand feet scale (1" = 2000') or other scale
approved by the Department of Planning Services.
b. Delineation of the following required information within a one-half mile radius
of the property proposed for the Use by Special Review.
c. Section, township, and range.
d. Scale and north arrow.
e. Outline of the perimeter of the parcel proposed for the Use by Special
Review.
f. The general classifications and distribution of soils over the parcel under
consideration (soil classification names and agricultural capability
classifications must be noted in the legend.
g. Locations and names of all roads, irrigation ditches, and water features.
h. Location of all residences within a one-half mile radius, existing and
proposed accesses to the property, any abutting subdivision outlines and
names, and the boundaries of any adjacent municipality.
2. Plot Plan Requirements:
a. One inch equals one hundred feet scale(1" = 100') or other scale approved
by the Department of Planning Services.
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b. Outline of the boundaries of the parcel being considered for the Use by
Special Review.
c. Location and identification of all of the following items which exist within a
two hundred foot radius of the perimeter of the property for the Use by
Special Review.
d. Public rights-of-way for telephone, gas, electric, water, and sewer lines.
e. Existing and proposed structures.
f. Utility easements or rights-of-way for telephone, gas, electric, water, and
sewer lines.
g. Adjacent property lines and respective owner's names (may be shown on
vicinity map).
h. Irrigation ditches (including names).
All hydrographic features including streams, rivers, ponds, and reservoirs.
j. Topography at two foot contour intervals or at intervals as determined
necessary by Planning Services.
k. Location of areas of moderate or severe soil limitations.
Location and design of storm water management devices or structures.
m. Complete traffic circulation, access and parking plan showing locations and
sizes of features.
n. Location, amount, size and type of any existing and proposed landscaping,
fencing, walls, berms, or other screening.
o. Location of any flood hazard, geologic hazard, or mineral resource areas.
p. Plat Certificate Signature Blocks for Property Owner(s), Planning
Commission and Board of County Commissioners.
q. Affidavit of Interest Owners Surface Estate.
r. Water supply Information summary.
s. Road Access sheet.
t. Any other relevant information about the property as may be reasonably
required by the County to meet the intent and purpose of the Weld County
Code, Chapter 23 (Zoning).
Amend Sec. 23-2-330. Duties of Department of Planning Services.
A thru 6.5 - 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
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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
Delete Sec. 23-3-110.C.5 and renumber subsequent sections.
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
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.
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:
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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
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 a second SINGLE-FAMILY DWELLING on a LEGAL LOT in
the A (Agricultural) Zone District shall include the following:
A thru B - No Change
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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 both the 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
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DWELLING. 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 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
commence 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.
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.
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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.
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.
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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.
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
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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:
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.
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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 B.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.
CHAPTER 24
SUBDIVISIONS
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.
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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.
CHAPTER 26
REGIONAL URBANIZATION AREAS (RUA)
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.
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c. Amendments to recorded exemptions and subdivision exemptions.
d. Zoning permits for mobile homes.
e. Zoning permits for Second Dwelling.
f. Auxiliary Quarters.
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.
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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
WE D COUNTY, COLO DO
ATTEST: . . %'I!�1 EL
J �
arbara Kirkmeyer, hair
Weld County Clerk to thekRR •t ,.l `q �' ��
�lui.•
���\���. •Sean P. � y, Pro-Tern
BY:
Deputy Clerk to the Boar:1
Willia F. Gar '(
AP ED AS T •
David . Long
^
ounty A ney
ouglas ademacher
Publication: January 12, 2011
First Reading: February 28, 2011
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
Effective: April 25, 2011
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