HomeMy WebLinkAbout20110920.tiff NOTICE OF
FINAL READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2011-3 was introduced on
first reading on February 28, 2011, and a public hearing and second reading was held on
March 21, 2011. A public hearing and final reading was completed on April 11, 2011, with
changes being made as listed below, and on motion duly made and seconded, was adopted.
Effective date of said Ordinance is listed below.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board
of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third
Floor, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or
may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages
sent to an individual Commissioner may not be included in the case file. To ensure inclusion
of your E-Mail correspondence into the case file, please send a copy to
egesick@co.weld.co.us.
ORDINANCE NO. 2011-3
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 23 ZONING, CHAPTER 24 SUBDIVISION, AND CHAPTER 26
RUA, OF THE WELD COUNTY CODE
EFFECTIVE DATE: April 25, 2011
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: April 15, 2011
PUBLISHED: April 20, 2011, in the Fort Lupton Press
CHANGES MADE TO CODE ORDINANCE#2011-3 ON FINAL READING
Amended Sec. 23-2-285, Minor Amendments, to read as follows:
A and B - No change.
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:
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.
doll-Lao
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:
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 applicants 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).
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.
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.
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),
PROOF OF PUBLICATION
FORT LUPTON PRESS
STATE OF COLORADO
COUNTY OF WELD SS.
I, Allen Messick, do solemnly swear that I am the Publisher
of the Fort Lupton Press that the same is a weekly
newspaper printed and published in the County of Weld,
State of Colorado, and has a general circulation therein;
that said newspaper has been published continuously and
uninterruptedly in said county of Weld for a period of more
than fifty-two consecutive weeks prior to the first
publication of the annexed legal notice or advertisement;
that said newspaper has been admitted to the United
States mails as second-class matter under the provisions
of the act of March 3, 1879, or any amendments thereof,
and that said newspaper is a weekly newspaper duly
qualified for publishing legal notices and advertisements
within the meaning of the laws of the State of Colorado.
That the annexed legal notice or advertisement was
published in the regular and entire issue of every number
of said weekly newspaper for the period of ONE
consecutive insertion(s); and that the first publication of
said notice was in the issue of newspaper, dated 20th day
of APRIL 2011, and the last on the 20th day of APRIL
2011
%-- -\--7 2c'
Publisher, Subscribed and sworn before me, this 20th
day
of, APRIL 2 11_
otary u ic.
y /
.1_ni: W f
My Commission Expires : 2 2v_i
rursuam to me vveiu L.uurn noinc
Rule Charter, Ordinance Number
2011-3 was introduced on first
reading on February 28, 2011
and a public hearing and second
reading was held on March 21, '-
2011. A public hearing and final
reading was completed on April 11.
2011, with changes being made as
listed below, and on motion duly
made and seconded, was adopted.
Effective date of said Ordinance is
listed below. Any backup material,
exhibits or information previously
submitted to the Board of County
Commissioners concerning this
matter may be examined in the
office of the Clerk to the Board of
County Commissioners, located in
the Weld County Centennial Center,
915 10th Street,Third Floor,Greeley,
Colorado.between the hours of 8:00
a.m. and 5:00 p.m., Monday thru
Friday,or may be accessed through
the Weld County Web Page (www.
co.weld.co.us). E-Mail messages
sent to an individual Commissioner
may not be included in the case file.
To ensure inclusion of your E-Mail
correspondence into the case file,
please send a copy to egesick@
co.weld.co.us.
ORDINANCE NO. 2011-3
ORDINANCE TITLE: IN THE
MATTER OF REPEALING
AND REENACTING,WITH
AMENDMENTS,CHAPTER
23 ZONING,CHAPTER 24
STUCIVISION AND CHAPTER - ors ui
26 RUA,OF THE WELD COI INTY .- - _ erne ev
�I1 rite ices
— - - - _ 9.One of document showing how ofte --- - m Complete traffic tiro
CODE County 23 in accordance with copy access and a ,rag plan c
EFFECTIVE DATE April 25.2011 Section 23 2-280.5 of the Weld evidence of adequate sewage g theWho will prgvMe fire protection locations and sizes of featun
County Code. from
the sanitary
sewer permit or . h.Wafer-source site. n. Location, amount, si]
from the sanitary distinct). h.(both domestic
on the ptb
BOARD OF COUNTY It Pm-applicationathe Conferenu. age disc and irrigation).the type of any existing and pit
COMMISSIONERSlandscapm9, fencin walls,
Department of Planning Services certified list of the names, property(existing and prop or other screening.
WELD COUNTY,COLORADO It shall be at the d3aetion of the 10.One copy of affidavit and i.Sewage disposal Ma o Location of any.flood
1 to determine if a pre-application - ad lie tleaae�ndd the correspcetion onding 1'If storage
tor d,what'type of or I ems will geologic hazard,or mineral r
FATED- April 15,20 1 is ry stored.
I PUBLISHED-. April 20.2011,in the withc inf the on pertaining
and discuss parcel
by theowne County • ate -hove the stormwater areas.
li Fort Lupton Press I _ - information pertaining to the.. Assessor of the owners'of property K.Explain p Plat Certificate Signatun
pfor Property Owner(s),
_ __ amendment. The alt be pre- the surface estate)within five I.drainage rpI where storage andlot site. Commission and Board o1
CHANGES'MADE 10 CODE application form shall be used. hundred1considered. This h$all be stockpile of wastes will occur on Commissionean
ORDINANCE READING ON FINAL H.Sign Posting-The Departmem_< compiled from the records of the this site. q Affidavit of Interest
dSurface Estate., ofre g Services will b and• --Co County Assessor,the Weld r.Water supply Information
II Amended Sec,23-2-285,Minor esponsible for providing County Website,wwx.go.weld L.Site Specific Development summary.
Amendments,to read as follows. posting a sign on the property under co.us,or a person qualified.to do Ian and Use et'Spacial Review s.Road Access sheet.
A and B-No change. risible fromconsideration
adjat location ublically ahe dalesk,and shall be current as of no more than thirty(30)days USR)Map Regmrements: t.Any other relevant inform
p about the property as may
C.Review criteria for Minor maintained roadway(s). The sign prior to the date the application 1.Vicinity Map Requirements: reasonably require by the
AmendmentsAApplication
toat a n by'Special will be posted at least ten(for days is submitted vi the Department of nscal echo?Qu2000')orhothernd to meet the intent anb thRe
Review Application end Site ppr��cedmg the hearing date for the Planrnn9 Services. scale approved by the Department the Weld County Code,Ct
' Specific development Plan. To Bald of County Commissioners'
approve a Minor Amendment,the hee�. In the event the property 11.Notice of Inquiry if located within of Planning Services.
Planning Services Director must u nsideration is not adjacent an Intergovernmental Agreement b.Delineation required information within a'one- (Zoning),
'I consider the following review to-a publicly maintained road right- (ICA)boundary. half mile radius of the property
i criteria and find that each criterion - of-way,a second sign at the point at proposed for the Use by Special
has been met or determned to be which the driveway(access drive) 12.Aiplication fee. Reviow
inapplicable: intersects a publicly be poind
road right-of-way will be postd. 13.Investigation fee,if required c.Section,township,and range.
I 1.The proposed changers)will The sign posting will be evidenced (fifty percent of.permn fee). d.e.Scale
trend d the north
arrow. of the
be allowed s in with surrounding
in with a photograph. 14.Additional information as may parcel proposed for the Use by
a uses the snna ithiny
area ei and be in hamior, with the I.fifty Investigation )Fee.of An e rt be f tanning by the s and other f.Seca Review.
neighborhood. fe percent hall be added to the cost of Departments or the Board of er and hdistribution classifications
soils over
12.The proposed change(s) the Minor Amendment Special County Commissioners in order _the parcel under consideration
I is consistent with the County Review permit application fee when to determine that the application (soil classification names and
i Comprehensive Plan pursuant to the use is started without a Minor meets the requirements of this agricultural capability classifications
I Chapter 22 of the WOO. Amendment Special Review permit. Chapter and the policies pf Chapter must be Locations
noted tin names n the g legend.
all
The payment of the investigation 22 of this Code. O.
bons irrigation ditches,and fa water
3.The proposed change(s)will fee shall not relieve any persons
not result in a substantial adverse from fully complying with the 15.Special Review plat recording features.
impact on other properly in the requirements of the Weld County fee($11.00 first page«$10,00 each h.00 ratio mile all
raesidencesn within
vicinity of the subject property. Code,Charter 23,nor from any additional page). proposed accesses to the property,
other pens ties.
4.The recommendations of referral K.Questionnaire- The following any abutting subdivision outlines
agencies have been considered. J.Application Requirements: questions are
ase to be anwered part of the Minor any
and any adjacent municipality.and the
of
5.Not deemed to be a major 1.One original application form Amendment application. If a
change. (additional copies may be required,. question does not pertain to your 2.Plot Plan Requirements:
on request of the Department of use,please respond with"not a.One inch equals one hundred
6.Must be consistent with the - Planning Services). as ab1e",with ih an expls nation feet
t pprovescale
e(by1 the 100')Department or other scale
original development standards. l - Planning Services.
of
2.One copy of tae)- eiel Review e applicable. - b.Outline of the boundaries of the
D. aymp Services - plat map X qu)-see attached being Director en may e to refer a ror page for map requirements. e in e the proposed parcel
al Review erect for the Use
•
Amendmentr the Board of County amendment to the property. by P
Commissioners. 3.One X 36) p reduced copy of o.Locaftion and identification which of all
the(24'X 36")Special Review plat. 2.Explain n how this proposal is of the a ooihu items foot exist
E.packet
Purpose.to Thee o i this consistent eht with the ,intent pursuant
of thewithin a two hundredradiusfor of
th
packet is provide information c One to or electronic copy of tComprehensivehat22 Plathe pursuout tUse he by perimeter l the property for the
to the applicantSi regarding Weld completed application materials,if Code.
22 of the Weld County d.Public rights-of way for
laCounty'sn Use bSpSpecific ill iew required. telephone,gas,electric,water,and
Plan and Use by Special Review of uses
Permit process. 5.One original n minor amendment 3.site eat lain how the proposed use e.Existing and proposed structures.
nes.
questionnaire. (explain
F.Intent and Applicability. The is consistent and compatible with f. Utility easements or rights-of-way
purpose of this packet is to provide 6.One original Weld County Access surrounding land uses). anrdteewholi. gas, electric, water,
general information to an applicant Permit Application Form,if required. Adjacent and
s.
about the Minor Amendment Clearly indicate all existing and 4.Describe,In detail,the respective pros emelines be
application process It is not proposed accesses(residential, following: on map).
intended to be a substitute for agricultural,oil and gas,ditch,etc.). a.Number of people who will use h. In o vicinity ditches (including
the specific requirements of Weld .
County Code,Chapter 23,Article II,- 7.One copy of deed or legal this site. I.names).
Division 4. It is the responsibility of instrument identifying appl'icant's b.Nuemployed femployees t proposed streams,hydrogrnviers features
inc•luding
the applicant to be knowledgeable interest in the properly. d
of the specific requirements of c.Hours of operation. reservoirs.
the Weld County Code,Chapter 8.One copy of document showing d.Type and number of structures to j. Topography at two foot contour
23,Article II,Division 4,for the evidence of adequate water supply be erected(built)on this site. intervals or at intervals as determined
Minor Amendment application (e.g.,well permit or letter from en Typo and
on umber of animals,if nnecessary by
Planning
of envies. or
process. The Department of water district). If using a well, ysevere son limitations.
Planning Services is responsible please complete the attached Water f.Kind of vehicles(type,size,for reviewing and processing the Supply Information Summary. weight)that will access this site and I.Location and design of storm water -
NOTICE OF
SECOND READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2011-3 was introduced on
first reading on February 28, 2011, and a public hearing and second reading was held on
March 21, 2011, with changes being made as listed below. A public hearing and third reading is
scheduled to be held in the Chambers of the Board, First Floor Hearing Room, 915 10th Street,
Greeley, Colorado 80631, on April 11, 2011. All persons in any manner interested in the next
reading of said Ordinance are requested to attend and may be heard.
Please contact the Clerk to the Board's Office at phone (970) 336-7215, Extension 4225, or fax
(970) 352-0242, prior to the day of the hearing if, as a result of a disability, you require
reasonable accommodations in order to participate in this hearing.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board
of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third
Floor, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or
may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages
sent to an individual Commissioner may not be included in the case file. To ensure inclusion
of your E-Mail correspondence into the case file, please send a copy to
egesick@co.weld.co.us.
ORDINANCE NO. 2011-3
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 23 ZONING, CHAPTER 24 SUBDIVISION, AND CHAPTER 26
RUA, OF THE WELD COUNTY CODE
DATE OF NEXT READING: April 11, 2011, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: March 25, 2011
PUBLISHED: March 30, 2011, in the Fort Lupton Press
Delete Proposed Sec. 23-2-285, Minor Amendments
2011-0920
PROOF OF PUBLICATION
FORT LUPTON PRESS
STATE OF COLORADO
COUNTY OF WELD SS.
I, Allen Messick, do solemnly swear that I am the Publisher NOTICE OF SECOND READING
of the Fort Lupton Press that the same is a weekly OF ORDINANCE
Pursuant to the Weld County Home
newspaper printed and published in the County of Weld, Rule Charter, Ordinance Number
2011.3 was introduced on first
State of Colorado, and has a general circulation therein; reading on February 28,2011, and
that said newspaper has beenpublished continuously and aasbhed on Mach21,second 2011, ith
a pu held a March 11 with
n
uninterruptedly in said count of Weld for aperiod of more changes being made aslistedbelow.
P Y YA public heanng and third reading
than fifty-two consecutive weeks prior to the first is scheduled to be held in the
Chambers of the Board, First Floor
publication of the annexed legal notice or advertisement; Hearing Room, 915 10th Street,
Greeley, Colorado 80631, on April
that said newspaper has been admitted to the United 11,2011. All personsin any manner
States mails as second-class matter under the provisions interested
in e requested to attsaid
ld
of the act of March 3, 1879, or any amendments thereof, and may be heard.
Please contact the Clerk to the
and that said newspaper is a weekly newspaper duly Board's ,Office at phone (970)
336-7qualified for publishing legal notices and advertisements (970) 15, Extension42, 4225, or fax
9 ofTthe hearing 1, prior
s a to result o as
within the meaning of the laws of the State of Colorado. disability, you require reasonable
That the annexed legal notice or advertisement was accommodations in order to
partidpate in this hearing.
published in the regular and entire issue of every number Any backup material, exhibits or
information previously submitted to
of said weekly newspaper for the period of ONE the Board of CountyCommissioners
consecutive insertion (s); and that the first publication of concerning this matter may be
examined in the office of the
said notice was in the issue of newspaper, dated 30th day clerk to the Board of county
of MARCH 2011, and the last on the 30th day of MARCH Commissioners,
00n ty Centteennal Center,,e 915
10th Street, Third Floor, Greeley,
2011 Colorado,between the hours of 8:00
At
�1a.m. end S:W p.m., Monday thru
ugh(�1 1 I Friday,or may be accessed through
(/„ice/,Icj;� the Weld County Web Page(wgws
sent to an individual
E-ualCommissioner
oail messages
sent to iincl ideal the s ile.
may not be inducted in the case file.
Publisher, Subscribed and sworn before me, this 30th To ensure inclusion of your E-Mail
correspondence into the case file,
day of, MARCH 2011 please send a copy to egesick@
L� MATTE.co.us.
ORDINANCE NO. 2011-3
ORDINANCE TITLE: IN THE
MATTER OF REPEALING
Notary P lic. AND REENACTING, WITH
AMENDMENTS, CHAPTER
I 23 ZONING, CHAPTER 24
SUBDIVISION, AND CHAPTER
Q` -` \ 26 RUA, OF THE WELD COUNTY
CODE
j
qg,, r , DATE OF NEXT READING: April
I 11,2011,at 9:00 a.m.
BOARD OF COUNTY
�� J G° COMMISSIONERS
WELD COUNTY,COLORADO
DATED: March 25,2011
/] PUBLISHED: March 30, 2011, in
�� / the Fort Lupton Press
�VF�.(��' •/ Delete Proposed Sec. 23-2-285,
� A Minor Amendments
My Commission Expires : DI Q_ 3D\4
Not&,. Ist
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.
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.
Add Sec. 23-2-180. Minor Amendments
A. Minor amendments to any approved Site Plan Review (SPR) 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. Review criteria for Minor Amendments to a Site Plan Review. 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.
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, if applicable.
e. Is not deemed a major change.
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.
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:
a. The proposed change(s) will be compatible with existing and allowed uses in the
surrounding area and be in harmony with the neighborhood.
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.
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
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:
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
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 applicants 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 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.
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.
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.
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:
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.
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 8.2 - 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.
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.
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.
NOTICE
PURSUANT to the Weld County Home Rule Charter, Ordinance Number 2011-3 published above,
was introduced and, on motion duly made and seconded, approved upon first reading on
February 28, 2011. A public hearing and second reading is scheduled to be held in the Chambers
of the Board, First Floor Hearing Room, 915 10th Street, Greeley, Colorado 80631, on March 21,
2011. All persons in any manner interested in the reading of said Ordinance are requested to attend
and may be heard.
Please contact the Clerk to the Board's office at phone (970) 336-7215, Extension 4225, or fax
(970) 352-0242, prior to the day of the hearing if, as the result of a disability, you require reasonable
accommodations in order to participate in this hearing.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners, located in the Weld County Centennial Center,Third Floor,915 10th Street,
Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be
accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages sent to an
individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail
correspondence into the case file, please send a copy to egesick@co.weld.co.us.
SECOND READING: March 21, 2011, at 9:00 a.m.
THIRD READING: April 11, 2011, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: March 4, 2011
PUBLISHED: March 9, 2011, in the Fort Lupton Press
PROOF OF PUBLICATION
FORT LUPTON PRESS
STATE OF COLORADO
COUNTY OF WELD SS.
I, Allen Messick, do solemnly swear that I am the Publisher
of the Fort Lupton Press that the same is a weekly
newspaper printed and published in the County of Weld,
State of Colorado, and has a general circulation therein;
that said newspaper has been published continuously and
uninterruptedly in said county of Weld for a period of more
than fifty-two consecutive weeks prior to the first
publication of the annexed legal notice or advertisement;
that said newspaper has been admitted to the United
States mails as second-class matter under the provisions
of the act of March 3, 1879, or any amendments thereof,
and that said newspaper is a weekly newspaper duly
qualified for publishing legal notices and advertisements
within the meaning of the laws of the State of Colorado.
That the annexed legal notice or advertisement was
published in the regular and entire issue of every number
of said weekly newspaper for the period of ONE
consecutive insertion(s); and that the first publication of
said notice was in the issue of newspaper, dated 9th day
of MARCH 2011, and the last on the 9th day of MARCH
2011
,Publisher, SubscribedAkorn before me, this 9'"
day of, MARCH 2011
QJAPlbtary ,ublic`
T .%iS»'sv
FOF C O�p�
My Commission Expires : DO \ �4-1
FORT LUPTON PRESS 15
WEDNESDAY,MARCH 9,2011 - _ _ -----
LEGAL NOTICES _
OCCUPATION in Sec. 23-1-90. located. aprsuaet to the
ChapterBoard.
fAdjuste ml Adjustment o12.
12. OIL I AND GAS PRODUCTION the dgr for�iculfaml)y) Zone and carerict is
givers
vers
Definitions,to read as follows: to dwell on the same LEGAL LOT.
H.The copies applicant shall the plat l three the WCC(appeals). C.Accesso Uses.The BUILDINGS, An application for any zoning permit
Defgon 23.1-90 Home Occupation pr minar r of the forrySINGLE-FAMILY qq
IkflniOons. County nting Department
to the Weld S All prepared by staff l have finding STRUCTURES inand USES may DWELLING for a second n
preliminary
so long as they are incidental and A (Agricultural) Zone District shall
DeUpartment of Planning of fact prepared for a Minor be allowed in the I-1 Zone District ( g on a LEGAL LOT in the
CLASS I • paper copies, the pappl cant of the shall application t meeting.and may reqNotification uire
ACCESSORY to the Uses Allowed include the following:
A HOME OCCUPATION submit a Mylar plat, along with all to neighbors within 500 feet of the by_RIJCTURES and USES must be A Right Such BUILDINGS,
ly byO the h shall fconducted t Conditions
documentation of ,eTheed as property mir all be ntled. The fee for ionfed,cons constructed
and performance CIhA mnirnog Change
for a second
operated
solely I h pot a Approval,offecorde The M0 ice a minor amendment sis dged in the in onformds ante withthrth in e pLoris ce Cagle ning permit itin application
DWELLING andcomplywith f shall el recorded in the office fee schedule,as amended.
OCCUPATION CUeria called out in the HOME Recorder the by County rttmk and form provided rg by the All fee miners of
OC shall not oN definition. The nning a the Department of Amendments Review ori U for pecor 340,23-3-350 and 23-3-360 below. Plannig rty ices the a wnerso f
-piue shall ge a con sty tea be pr p Services. The plwt shhll ] wAppli to a Use by Specal or, if tsign signs, a
n
maxpublimc. 8igfane'. )May consist illuminated a be prepared inSection
accordance with the.D dRevelopment
Application and Site Specific approve D Cl thru C.8
8 by No Special Review. letter anf authorized authorizaon agent nm all fee
maximum of one(n)o (1) sar ofqt a Weld County f Code. Mylar Minor Amendment et Plan. the h Planni a owners must ri included n with the
sign no more w than one be ached of plat Weld additional
The Minor tannin
toot in size which WEust LI G UNed and corded w requirementsin ( 01 Services Director must consider The following BUILUSES
may
cation.If a corporation is the fee
to the face of the DWELLING TION shall s be recorded fhih sixty 0)) the following ach eri review criteria and find me Uconstructed,
o trust d, I-dt Districtrd owner,s notarized
id signatory
ence must be
—O CLASSy, a HOME OCCUPATION days from e date of the Board of that each criterion ben app beenmet or I upon the n sin pproei 1 Zone permit or n showing hf t the partnership
si
— es to ONE shall include similar County Commissioners t shall be responsible determined to be inapplicable: accordance with the requirements aperiti has legal ga for the the p t
cake decoration,home of ae(no internet sales, applicant
compatible with existing and allowed and
procedures
uf this Chapter. or
Article II, I partnershipad that
h ttthe cor authority to
or
cake and sales, for paying the recording fee. I a. The proposed change(s) will bepartnership cn
hil aA day care rthome of 1or6 fshar do r in the State.
be t children
taeCLASS I6 HOME plat has all If a Use by
t9been(recorded Review (wi within nsharmony with the neighborhood.e Delete D.1 and renumber
OCCUPATION. sixty(60)days from the date of the subsequent paragraphs. D thru F.6-No Change
Besot iofo County within
Commissioners is one h change(s) Remainder of Section-No Change G. Evidence that a water supply
CLASS II Resolution, the wia d a date Comprehensive ev with the County t G.of sufficinct tqhatit a quantity ter and
specified by , Board af County apter2fthePlan pursuant to
pAmend Sec. 23-3-420.D. HOME dependability will be/is available to
A HOME OCCUPATION — CLASS Commissioners, the Board may Chapter 22 of WCC.
TWO Inhabitants be conducted DWELLING the require theand landowner to appear OCCUPATIONS CLASS I0 and from a the proposed o or municipality
A
UIT upo the before it that presentUse
evidence result The proposed b change(s)adverse
will not comply
with Section ecp with2 Section or serve water district
te examples ty
UNIT plusand to two co (2mply
external substantiating the Use by en on otn aher
substantial it athervei iyaof CLASS0 II shall andArtclmple Division ecbOn o a well forpermit domestic use.
criteof
criteria cs amply with all Special abandoned an (USR)has not Ili ant the subject pp in the vicinity of this Chapter.
OCCUPATION
called O out inni the HOME ss the that the appproperty. H. A statement that the
(2 associated TION definition. Two possesses the willingness byand Amend Sec. 234-450. Wintl H. statementexplaining adequate
(2)- LE COMMERCIALunder Review ie to record the Use by Special of d.enci recommendationsvebeen of referral generator men standards.c. meansdear the will/do have sewage in
VEHICLES can be included (USR) plat n The y Board of agencies have been considered. comnaore disposal the requirements
n
this i incidental
sale. There stocks,to shall only be Co date a Commissioners e p extend y 'Lot Size(Gross Acres)Accessory of underlyingthe
Departmn zone
district aand
incidental sales of supplies the for recording the plat.If the e. Not deemed to be a major Use
premises. lth
products a e: M y on tfa supportingsp determines that pp iaons change. Building Permit Required and Depaomm�t if Public e. An
mimm Signage: Mononsin a Usthe original R approval w of
only) Zoning Permit for WIND existing f septic ticesyst from pemitsanitation
or a
maximum of one(1)non-illuminated the Use by Special Review (USR) f.Must be consistent with the original GENERATOR Use-b copy
sign no more w than t be attached d plat cannot be met,the revoke k may, development standards. sewer district aet indicating ation
feet in ace which WE LIG after a public hearing, the Less than Review Permit mit Up to 40 feet service i indi of sewage
D the face of the DWELLING volumes UNIT. Use by Special Review(USR). D. The
h eferlpa nMiinor Amendment m Director
S ess
Does not produce produced u g 41—rotor Above 60 feet,or more of each proposed for domestic
lot are
exceeding that Tymore by the Add Section w 23-2-260.8.18 to read the
referred,the Planning
of f the Planning and 60feet diameter b 12 or less a to ce D average e UNIT by than as follows: Commission shall constitute a final t 2.aA3ran 3 perLE9gL LOT sUp to 60 feet
16 off-street st trips, king is
adequate
Please keep inamind that form provided c by the Department of Board of County Commissionersal to ` a and below and rotor diameter of 14 I the K-No Change
feet or less 61-120 feet Above 120
oven arriving
produces he e-one Planning Services and etlinstrument identifying the applicant's
when arriving and oneofwhen eight bC a Title Insurance or Abstract DAmend Sec. 23-2-330. Duties epartment of Planning Services. feet, or more than 3 per LEGAL in A copy of deed orpl legal
Th(8)carsre,can an acome
eh of onlye eight Company. 5 Acres and Above Up to 120 interest in the property under
day. Tps omee the thosep produced ody per feet and below and rotor diameter consideration.
bye. Tops includefor toa Amend ial e3ie-280. Changes A ihru B.5-No change 25 feet or less 121-180 feet Above
by the tor conducting
any nurpose to a Special Review Permit. 6. Give notice of application for 180 feet,or more than 3 per LEGAL M. provided c to the Department conveyances
related oneemployee,ployee cli the business,deliveries a Special Review Permit and the LOT
thef
tothe clients, etcetera. A-No Change public hearing date to those persons On lots less than 2.5 acres the Planning Services and completed
related tyy, theHOME C
— CLASS TWO shall include uses occupied b a Use by Special Review property located within five hundred Planning Department that the wind Company.
Ordinarily, a OCCUPATION B.Any decrease in the land mass listed in the application as owners of owner shall submit evidence to the by a isle Insurance or Abstract
y (50 ) feet of the parcel under generator can meet.the setbacksN. •
A detailed description
similar to Hair Salon,with customers,
mers, Permit cha quality the landowner a to consideration. For transmission from property lines found in Section I of request and e purpose and
Tax Pa provid t customers, be f the
Use request by a partial l vacation or pp I o t the r
etcetera provided it meets the the Board ofC County Commissioners, lofaapplicationin shall robe`given ti for 23d-05 .D
s.
criteria set forth. surface property owners for five I WIND GENERATORS are allowed
permitting the following: hundred (500) feet on either side as accessory uses, subject to O. A Weld County Road Access
Adm endments Sec. 23-2-180. Minor 1. The subject property under of the centerline of the proposed Zoning Permit for Wind Generator I Information Sheet.
Am consideration for a partial vacation pppphreferred alt nment,and to interest requirements,or as a Use-by-Special
COUNTY A. ovedr Plan Rnevie to w SPR) of received sa permission
Review vie release l inoany real property proposed to bmineral e guidelne Review sa dtmaxiimum er enumbers County Treasurer
Taxes from
the
WELD approved Site ( p physically disturbed or crossed by I for LEGAL LOTS,below. The height delinquent taxes for the area referred
ORDINANCEATTOF REP may be approved, approved with the progeny from the permit from t Y Yg
erials
IN THE MATTER TI REPEALING bynd a Planning
or in Services i Director
administratively applicable ncies n County and State the ace tivity or the
application.ppma Su is of b wind tower is measured at the to in the
signed affidavit statingion stating that
AND REENACTING, WITH by the Planning without the release elea. An n ofwouldgravel
ele notificai on ofoshall mailed, first- hub of the generator:
CHAPTER 4 and may be authorized c a without mining ca of a portion a ggravel no less than ten
AMENDMENTS, additional amendments iarinmsay Such be Division operation
6 Mining tReclamal on before the scheduled public hear ngs ol the tfollowing stD taandards:TORS subject resida ing in the member/caregiver will be
23 ZONING, CHAPTER 24 �'A. U to three (3) WIND
SUBDIVISION, AND CHAPTER authorized the Planning v Services and Safety at the completion onth of the statute
t to nand is
is not required
as a courtesy tasy GENERATORS per LEGAL
26 LOT are Amend RUA,OF SHE WELD COUNTY application,Dar as long as the amended,comment prop rty E idenicie of such elease to surrounding property ow a s(th al owed. More than three 3 WIND of authority, 23d-620. Delegation
BODE tooplyith standards and sroperty. p
R ORDAINED MMISSBOARS to comply with these thext and shall Planning a ngidetl r the Department surthe face estate.) in Inadvertentsusupplying
such
GENERATORS on a LEGAL LOT
BECCOMMISSIONERS regulations,ns,at least the extent f requestof to Services portion with the list o thepDepartmentpofyiPlanning by SpeciailrRev ewsPerm t pursuant delegates the f County
authority to f issue a
ssioners
OF COUNTY its original compliance.The Planning vacate such of theto
OF THE COUNTY OF WELD, shall
in sending te such notice the requirements C of Article, r1e FAMILY ermit fora DWELLING
second LEGAL
Services Director's approval nits property. shall not create a jurisdictional Division 4 of this Chapter, or the FAMILY DWELLING on a LEGAL
SINGLE-
be in writing. Th decision of the
WHEREAS, the of the
of Countyif such error results in the failure to the requirements of Article III, Diisstrict, which
ofh totheard of requires
Planning Services Director may be 2. The partial vacation process defect in the hearing process even issuance of a 1041 Permit,pursuant LOT in the A (Agricultural) Zone BCommissioners of the County of appealed rsuat to the Board of Adjustment le defined ra herein does not create of a surrounding property owner Chapter. 21 of this Code.
toW Colorado, o Coexand, urseld ppursuant to Chapter 23.Article VI of separate parcels. to receive such notification. In B. WIND GENERATORS requiring Commissioners through a public
p he WCC(apPeals). 3.To obtain a partial vacation of the addition, applicants for an electric the issuance of a Zoning Permit for hearing process,to the Department
w hth ty and the Weld SS
County Home Rule Charter,isvested lorad which is more than one (1)mile in to the application requirements of determination by the Department
with the authorry of administering B. Review criteria for Minor Use by Special Review permit, the TRANSMISSION LINE or PIPELINE WIND GpEpNERATOReq are subject of Planning Services upon
the affairs of Weld County,Colorado, Amendments to a Site Plan Review. applicant shall: lenth shall advertise the hearing Section 234-460 of this Chapter. that:
To approve a Minor Amendment
and the Planning Services Director a Submit a letter to the Department at least once in the newspaper WIND GENERATORS ofaUse-by-Special
seby- pecialring the
WHEREAS, the Board of CoriCommissioners for publication Permit are subject to the a lication with the criteria identified in this
County must consider the following review of Planning Services requesting the designated by the Board of County issuance ofa Use-b -S ecipalpReview A. The applicant is in compliance
2000,Commissioners,pt on nty tie criteria a and find that each criterion o partial vacation. of notices a minimum of ten (10) requirements of Section 23-2-260 of Division 8.
has been met or determined to beT
comp adopted Weld County Code Ina placable: b.Review Submit a revised Use by Special days user a the hearing contain n date. The this Chapter. WIND GENERATORS
1
Ordinance 2000-1. enacting a p plat to the Department of advertisement shall a map requiring the issuance of a 1041 B. The Department gg of Planning
o rehenludiCodefco the County. • a. The proposed change(s will be Planning Services illustrating-the displaying the proposed pr with a eferred Permit are subject to the application Strleast than sent notice
%)aO
of Weld,including adg the dordlcodification of compatible with existing and allowed vacated portion of the property and dand escription e routeshearing al ntiine,date requirements
quire this of Article III, Chapter received signed notification of
all f previously adapted anent
uses in the surrounding area and be the existing permit. T 2C.1 All is Co GENERATORS must at least thing property percent
ow (30 within
of a ell on and permanent date in harmony with the neighborhood. the Partial include a
does
create that and location. be set back from property lines, five hundred (500) feet of the
enacted on or before said of 7. Applicants for an electric public rights-of-way and access subject property in opposition to bWHERE and is The propoth changes) separate parcels. TRANSMISSION LINE or gas easements of a distance at least one thelocationoftheseondSINGLE-
is consistent with the County PIPELINE which is more than one (1)times the height of the generator FAMILY DWELLING. The petition
WHEREAS the Weld d cIa Code Comprehensive Plan pursuant to Remainder of Section-No Change• (1) mile in length shall advertise (as measured to the tip of rotor shaallll indicateerty that who have signed
is in requirements
fro Andres, icaUon Chapter 22 of the WCC. • D
newspaper designated by the D. All WIND GENERATORS must the notification have objections to with and.regard to procedure, terms, Add Sec. 23-2-285. Minor the pape at least once in the blades).
NOW, ui s therein. r The proposed change(s)adverse
er)will act Amendments. Board of County Commissioners be set back from any existing or the issuance of a zoning permit
ORDAINED NOW, THEREFORE,the BE IT resultina property i l ath evil impact of for publication of notices a minimum planned overhead lines a distance for the second SINGLE-FAMILY
om by the Board of County the ubj property in the vicinity of A. ovedr amendments by to any
subject property. approved Use b Special Review I of ten(10)days prior to the heating of at least one (1)times the height DWELLING Any notice not received
Weld, of
of the tha cty f Yshallbe deemed a positive response ll
and Site Specific Development Plan date. The advertisement of the generator(as measured to the within twenty-eight (28) days shall
existing h ptColorado,that county approved said request.
Code be,
a hereby Weld County ad.The gencies have beentioonideredf if conditions,approved,
administratively proposed a alternative i routes,galong tip of rotor blades)
ande e, hereby are,repealed applicable. by the Planning Services Director with a description of the hearing Remainder of Section-No Change C.Construction pursuant to approval
and us with amendments, and may be authorized without time,date and location. Amend Sec. 234-600. Permit of
Construction
p e a Family
mmproval
and the various Chapters are revised e.Is not deemedamajor change. minor nional public hearings- SuchZoning
six it e mom the
to read as follows. amendments may be Remainder of Section-No change requirements. 0 nced
Amend Sec. 23-2-200. Intent and Director as by lothes Planning Services
CHAPTER 23 - • applicability. Director long m and d, tinent Delete
-number subsequent sections.d I DWELLING on a LEGAL LONo second in the spILY pte of ecified approval,
Board s of therwise
County
the ZONING oply as amended, continues I A (Agricultural) Zone District shall Commissioners when issuing the
A thru F-No Change to comply with these standards and ■ see LEGAL$
Delete definition f regulations,at least to the extent of Amend Sec. 23-3-310. I-1 be allowed without first receiving an
AGRICULTURAL EXEMPT by this ning The intent of page 1 S
BUIDING from Sec. 23-1-90.. R.Review
application s lac a Spatial its Services
compliance.a pro al must (Industrial)Zone District. is zoning permit as required ten
e ew Permit LOT Tll include which h be in writing.Director's approval must I A thru B.11-No Change allowing a second SINGLE-FAMILY
Definitions. the entire LEGAL upon l be in The decision may the DWELLING on a LEGAL LOT in
Amend the definition of HOME the Special Review Permit will be � Planning Services Director be i
16 FORT LUPTON PRESS WEDNESDAY,MARCH 9,2011
LEGAL NOTICES
LEGALS and Environment, if applicable. An Paragraphs A through C above and for a period of more than six (6) than 130 feet in height.
existing septic system permit or a Section 23-1-90 of this Chapter. months, and the property and
copy of a letter from a sanitation . associated STRUCTURE(S) are 2.The following land use applications
froma e Jr sewer district indicating existing The Board of County Commissioners not adequately maintained, the are exempt from utilizing the PUD
P g service or availability of sewage shall give notice of the application nonconforming use shall cease. process in the A(Agricultural)Zone
disposal to each proposed lot are for a zoning permit and the meeting Any subsequent USE of such District within the RUAs:
examples of evidence for domestic date to those persons listed in the LOT or parcel shall conform to the
original Permit, or the Permit shall use. application as owners of property regulations specified by this Chapter a. Recorded exemption in the A
be vacated.The Director of Planning located within five hundred(500)feet for the zoning district in which such (Agricultural)Zone District.
Services may grant an extension of 13. A Weld County Road Access of the parcel under consideration. LOT or parcel is located.
time,for good cause shown,upon a Information Sheet. Such notification shall be mailed, b.Subdivision exemptions.
written request by the landowner. first class, not less than ten (10) CHAPTER 24
14. A Statement of Taxes from days before the scheduled meeting. SUBDIVISIONS c. Amendments to recorded
Amend Section 23-4-970. HOME the County Treasurer showing no Such notice is not required by state exemptions and subdivision
OCCUPATION — Class II permit delinquent taxes for the area referred statute and is provided as a courtesy Amend Sec.244-30. Subdivision exemptions.
requirements. to in the application materials. to surrounding property owners(the exemption.
surface estate). Inadvertent errors d.Zoning permits for mobile homes.
A.Intent. A HOME OCCUPATION 15.Questionnaire. by the applicant in supplying such A. The subdivision exemption is
— Class II Zoning Permit shall list or the Department of Planning intended for the following six (6) e. Zoning permits for Second
be obtained for any HOME C.Duties of Department of Planning Services in sending such notice purposes: Dwelling.
OCCUPATION falling within the Services and Board of County shall not create a jurisdictional
definition of a Class II operation. Commissioners. defect in the permit process, even 1. Division of a parcel of interest f.Auxiliary Quarters.
if such error results in the failure in a parcel which does not
B. Application requirements. An 1. The Board of County of a surrounding property owner to result in the creation of a new g.Certificate of compliance.
application for any zoning permit for Commissioners delegates the receive such notification. residential or permanent building
a HOME OCCUPATION required authority and responsibility for site. When otherwise allowed by h.Flood hazard and geologic hazard
by this Division shall include the processing and approving the The Department of Planning Services recorded exemption regulations, development permits.
following: zoning permit to the Department of shall post a sign for the applicant on the subdivision exemption can
Planning Services.The Department the property in question indicating be utilized in conjunction with a i. Zoning Permits for
1. Name, address and telephone of Planning Services shall also have that a HOME OCCUPATION — recorded exemption to separate Telecommunication Antenna
number of the applicant. the responsibility of ensuring that all Class II has been requested for one(1)additional existing habitable Towers.
application submittal requirements the property, the meeting date and residencewithaccessoryoutbuildings
2. Name, address and telephone are met prior to initiating any official telephone number where further from any of the recorded exemption j. Zoning Permits for Non-
number of the owner of the land if action.Once a complete application information may be obtained. The parcels. A subdivision exemption Commercial Towers.
different from Subsection 1 above. is submitted, the Department of sign shall be posted at least ten(10) lot in conjunction with a recorded
Planning Services shall send the days prior to the meeting date and exemption created prior to March k. Zoning Permits for a Home
3.Evidence of interest in the subject application to referral agencies for evidenced with a photograph. 1, 2004, is eligible for a one-time- Occupation(Class I).
land held by the applicant, such as review and comment, if applicable. only land exemption. A subdivision
a deed. lease agreement or similar The agencies shall respond within The Board ofCounty Commissioners exemption lot in conjunction with I. Zoning Permits for a Home
evidence. twenty-eight (28) days after the shall consider any testimony of a recorded exemption created Occupation(Class II).
application is mailed. The failure surrounding property owners after March 1, 2004, is not eligible
4.Acopy of a deed or legal instrument of any agency to respond within concerning the effects of the HOME j for a future land exemption. The m. Zoning Permits for Wind
identifying the applicant's interest in twenty-eight (28) days may be OCCUPATION on surrounding subdivision exemption must meet Generators.
the property under consideration. deemed a favorable response. All properties. The Board of County the following criteria:
referral agency review comments Commissioners shall also consider
n.Temporary Seasonal Permits.
5.Number of acres of the property. to the County. The authority and appl re considered
recommendations cafi n e following
s for a permit for a HOME factors in rev
a thru g-No Change BE IT FURTHER ORDAINED by the
6. A sketch plan of the site at the responsibility for approval and OCCUPATION—Class II: 2. For adjustment of property lines Board that the Clerk to the Board be,
scale of one (1) inch represents denial of a zoning permit rests with between two(2)contiguous parcels. and hereby is, directed to arrange
twenty (20) feet or other suitable the County. 1. Compatibility with surrounding for Colorado Code Publishing to
scale to show: area, harmony with the character 3. For the creation of lots for the supplement the Weld County Code
2. The Department of Planning of the NEIGHBORHOOD and its purpose of financing. with the amendments contained
a. The proposed location of the Services shall refer the application effects upon the immediate area. herein, to coincide with chapters,
commercial vehicle (if applicable), to any agencies or individuals whose a. Lots created for the purpose of articles, divisions, sections, and I
including distances from the property review the Department of Planning 2. The proposal is consistent with mortgaging a dwelling unit shall not ' sub sections as they currently exist
LOT lines and other STRUCTURES Services or the Board of County the policies and goals of Chapter 22 result in the creation of a lot to be within said Code; and to resolve
on the property. Commissioners deems necessary. of this Code. sold separately. Upon termination any inconsistencies regarding
of the mortgage arrangement, the capitalization, grammar, and
b. Access to be utilized by the 3. The Department of Planning 3.Availability of adequate water and lot shall cease to exist. numbering or placement of chapters,
commercial vehicle (if applicable) Services has sent notice and has sewage disposal facilities. articles,divisions,sections,and sub-
indicating whether the access is not received signed notification b.Foreclosure of the parcel created sections in said Code.
existing or proposed. from at least thirty percent (30%) 4. The general health, safety and for financing purposes shall not
of surrounding property owners welfare of the inhabitants of the area create a separate legal parcel unless BE IT FURTHER ORDAINED by
c. Location and measurements of within five hundred (500) feet of and the COUNTY. the process described in Section the Board if any section,subsection,
any easements or rights-of-way. the subject property in opposition 24-1-40, Subdivision or Subdivided paragraph, sentence, clause, or
to the location of the commercial 5.The proposal is consistent with the land,b.has been followed. phrase of this Ordinance is for
d. Road Access Sheet. vehicle. If opposed, the petition- definition as expressed in Section any reason held or decided to be
shall indicate that the surrounding 23-1-90 of this Chapter. 4.For the temporary use of a parcel unconstitutional,such decision shall
e. Identification of any county,state property owners who have signed for public utility facilities. not affect the validity of the remaining
or federal roads or highways. the notification have objections to a)The approval of the zoning permit portions hereof. The Board of
the issuance of a zoning permit for may be conditioned or resented to 5.For the temporary use of a parcel County Commissioners hereby
f. Existing STRUCTURES on the the Home Occupation. carry out the intent of Section 23- for oil and gas production facilities; declares that it would have enacted
property. 1-90 of this Chapter or to mitigate oil and gas storage facility or oil and this Ordinance in each and every
4. The County Planner shall impacts or address concerns of gas support and service facilities. section, subsection, paragraph, LEGAL DESCRIPTION: Lot A
g. The STRUCTURE(s) in which prepare a permit/agreement within referral agencies. Conditions of Upon termination of the leasehold sentence,clause,and phrase thereof of Recorded Exemption #3779;
the HOME OCCUPATION shall be sixty (60) days of receipt of a approval shall be met prior to arrangement, the lot and access irrespective of the fact that any one being located in part of the SE1/4
operated within shall be appropriately complete application. The permit/ recording the permit/agreement, shall cease to exist. or more sections, subsections, of Section 16, Township 6 North,
labeled. The total area of use shall agreement shall address all aspects and restrictions may be enforced by paragraphs, sentences, clauses, Range 65 West of the 6th P.M.,Weld
also be delineated. of the application,including,but not means of conditions in the permit/ 6.For the temporary use of a parcel or phrases might be declared to be County,Colorado
limited to, comments received from agreement. for Telecommunication Antenna unconstitutional or invalid. TYPE AND INTENSITY OF
7.An application fee. agencies to which the proposal was Tower facilities. APPROVED USE: An Oil and Gas
referred and the standards contained 6.The application complies with any . NOTICE Support and Service, including
8.The requirements of this Division in this Article. Home Owners Association (HOA) CHAPTER 26 parking and maintenance for a
require the applicant to provide a standards,if applicable. REGIONAL URBANIZATION PURSUANT to the Weld County tank service company, in the A
certified list of the names,addresses 5. When, in the opinion of the AREAS(RUA) Home Rule Charter, Ordinance (Agricultural)Zone District
and the corresponding Parcel Department of Planning Services, 7. The proposed zoning permit Number 2011-3 published above, SIZE OF PARCEL: 5.0 acres,more
Identification Number assigned by an applicant has not met one(1)or complies with Chapter 23,Article IV, Amend Sec. 26-1-50. PUD was introduced and,on motion duly or less
the County Assessor of the owners more of the standards of Section 23- Division 13 of this Code. Districts in RUAs. made and seconded, approved Failure to abide by the terms and
of property (the surface estate) 4-970.D.1 through 8 and/or negative upon first reading on February 28, conditions of approval will result in
within five hundred (500) feet of responses are received from at 8. An access is, or can be made, A. Intent, The PUD provisions 2011. A public hearing and second a forfeiture of the vested property
the property lines of the parcel. least thirty percent (30%) of the available that provides for safe shall be applied to all proposals reading is scheduled to be held in right.
The source of such list shall be the surrounding property owners within ingress and egress to a public road. for commercial, industrial and the Chambers of.the Board„First
records of the County Assessor, or 500 feet of the subject property, a All accesses shall be in accordance residential developments within the Floor Hearing Room, 915 10th BOARD OF COUNTY
an ownership update from a title hearing shall be scheduled beforethe with Chapter 8, Article II of this RUAs, with the exception of those Street,Greeley,Colorado 80631,on COMMISSIONERS
or abstract company or attorney, Board of County Commissioners. Code,and shall endeavor to achieve developments specifically called out March 21,2011. All persons in any WELD COUNTY,COLORADO
derived from such records or from the goal of no"net increase"in the and excluded in this Code. All PUD manner interested in the reading
the records of the County Clerk and 6. The Board of County number'of accesses onto adjacent Districts in the RUAs shall adhere to of said Ordinance are requested to DATED: March 4,2011
Recorder. If the list was assembled Commissioners shall hold a public County roads when accesses the procedures and requirements attend and may be heard. PUBLISHED' March 9,2011,in the
from the records of the County hearing to consider the permit already exist. outlined in Chapter 27 of this Code. Fort Lupton Press
Assessor,the applicant shall certify application and to take final action Please contact the Clerk to the
that such list was assembled within thereon, if the Planning Staff has a) Where the access is adjacent B.Exemptions from the PUD District Board's office at phone (970)
thirty (30) days of the application determined that the application has to a state highway, the Colorado Provisions. . 336-7215, Extension 4225, or fax NOTICE
submission date. not met the standards of Section Department of Transportation has .(970) 352-0242, prior to the day
23-4-970.D.1 through 8. The Board jurisdiction over existing or proposed 1. The following uses are exempt of the hearing if, as the result of a DOCKET#2011-19
9. Whether the property is situated of County Commissioners'decision accesses. The applicant shall be from utilizing the PUD process within disability, you require reasonable
within a subdivision regulated by a shall consider the recommendation responsible for obtaining a new the RUAs and will require a Use by accommodations in order to Pursuant to the liquor laws of the
Home Owners Association(HOA). If of the Planning Staff,referral agency access permit from the Colorado Special Review(USR)application: participate in this hearing. State of Colorado, Colorado Cattle
applicable,contact information shall responses,the application case file, Department of Transportation. Company,LLC,dba Colorado Cattle
be provided. and facts presented at the public a. Sand and gravel mining Any backup material, exhibits or Company,70008 County Road 132,
hearing. The Board of County Amend Sec. 23-7-30. operations. information deviously submitted to New Raymer, Colorado 80742 has
10. Acknowledgement that Commissioners shall approve Nonconforming uses of land. the Board of County Commissioners requested the licensing officials of
this zoning permit shall not be the permit unless it finds that the b. Home businesses as defined in concerning this matter may be Weld County, Colorado, to grant a
transferable by the applicant and/or applicant has not met one (1) or Where at the time of passage of Chapter 23 of this Code. examined in the office of the Hotel and Restaurant Liquor License
owner to any successor;the zoning more of the standards as listed in this Chapter, or of passage of Clerk to the Board of County for consumption by the drink on the
permit shall terminate automatically Section 23-4-970. future amendments of this Chapter, c.Agricultural service establishments Commissioners,located in the Weld premises only.
upon conveyance or lease of the a lawful use of land exists which primarily engaged in performing County Centennial Center, Third
property. 7. A permit/agreement shall be would not be permitted by the agricultural, animal husbandry or Floor, 915 10th Street, Greeley, DAZE OF APPLICATION: February
prepared after an application is regulations imposed by this Chapter horticultural services on a fee or Colorado,between the hours of 8:00
11. Evidence that a water supply approved and all conditions of or future amendment, the use may contract basis, including such uses a.m. and 5:00 p.m., Monday thru
of sufficient quality, quantity and approval have been met.The permit/ be continued so long as it remains as outlined in Section 23-3-40.9 of Friday,or may be accessed through The Board of County Commissioners
dependability will be/is available agreement shall be submitted to the otherwise lawful provided that the this Code. the Weld.County Web Page (www. of Weld County, Colorado, has
to serve the proposed lot and use, Department of Planning Services for following conditions are met: co.weld.co.us). E-Mail messages declared that the neighborhood to
if applicable. A letter from a water recording in the office of the County d. Those uses which were legally sent to an individual Commissioner be served will be as follows:
district or municipality or a well Clerk and Recorder. A.1 thru B.2-No Change' created prior to the PUD requirement may not be included in the case file.
permit are examples of evidence for . and located on a single legally To ensure inclusion of your E-Mail LEGAL DESCRIPTION:
domestic use. D. Duties of the Board of County C.Abandonment No nonconforming created lot. correspondence into the case file,
Commissioners. USE of land shall cease so long please send a copy to egesick@ All of Sections 6,7,and 31,Township
12.A statement explaining that the as the property and associated e. Telecommunication Tower(s) co.weld.co.us. 11 North, Range 56 West; and all
proposed lots will/do have adequate The Board of County Commissioners STRUCTURE(S) associated with greater than 70-feet in height and
means for the disposal of sewage in shall hear the application at a the nonconforming USE are being not located in Estate,Residential,or SECOND READING: March 21,
compliance with the requirements regularly scheduled meeting of maintained in accordance with this PUD zones with'residential uses. 2011,at 9:00 a.m. • see LEGALS
of the underlying Zone district and the Board, if the application does Code. If any such nonconforming THIRD READING: April 11,2011, '
the Department of Public Health not meet the criteria stated in USE of land ceases for any reason f. Non-commercial towers greater at 9:00 a.m. Page 17
NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing
will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld
County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado 80631, at the date and time
specified below, and a Second and Third reading of said Ordinance will be considered on March 21, 2011
and April 11, 2011.
The complete case file may be examined by calling the Department of Planning Services at (970)
353-6100 to make arrangements with the case planner, or at the office of the Clerk to the Board of
County Commissioners, Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado
80631. E-Mail messages sent to an individual Commissioner may not be included in the case file. To
ensure inclusion of your E-Mail correspondence into the case file prior to the Planning Commission
hearing, please call the Department of Planning Services to obtain the appropriate contact
information. For inclusion of any correspondence prior to the Board of Commissioners hearing E-
mail egesick@co.weld.co.us.
If a court reporter is desired for this hearing, please advise the Clerk to the Board's Office, in
writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the
requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are
required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at
(970) 336-7215, Ext. 4226, prior to the day of the hearing. All cases scheduled before the Board of
County Commissioners are subject to continuance, due to lack of quorum or otherwise. Contact the
Department of Planning Services or the Clerk to the Board's Office at the numbers above, for hearing
continuance information.
DOCKET#: 2011-13
BOARD OF COMMISSIONERS DATE: February 28, 2011
TIME: 9:00 a.m.
PLANNER: Tom Parko and Elizabeth Relford
REQUEST: Code Ordinance#2011-2, 2011-3, 2011-4, In the Matter of Repealing and Reenacting, with
Amendments, A portion of Chapter 5, Article VIII Capital Expansion Fee and Stormwater Drainage
Infrastructure Fee, Chapter 20 Road Impact Fees, Chapter 23 Zoning, Chapter 24 Subdivision, Chapter
26 RUA, and Chapter 29 Building Regulations of the Weld County Code
PLANNING COMMISSION
WELD COUNTY, COLORADO
DATED: February 4, 2011
PUBLISHED: February 9, 2011, in the Ft. Lupton Press
+ • •arr
���11 0QU/doh i
PROOF OF PUBLICATION
FORT LUPTON PRESS -
STATE OF COLORADO NOTICE
Pursuant to the zoning laws of the
COUNTY OF WELD SS. State of Colorado and the Weld
County Code, a public hearing will
be held before the Weld County
I, Allen Messick, do solemnly swear that I am the Publisher Planning Commission in the Weld
County Planning Department
of the Fort Lupton Press that the same is a weekly Hearing Room, 918 10th Street,
newspaper printed and published in the County of Weld, of considering Colorado,
meenr dmets purpose
certain sections of the Weld County
State of Colorado, and has a general circulation therein; Code, as currently amended. A
subsequent First Reading will be
that said newspaper has been published continuously and held in the Chambers of the Board
uninterruptedly in said county of Weld for a period of more o CountycCom Commissioners
weld f WCoueld
than fifty-two consecutive weeks prior to the first Centennial Center,91510th Street,
First Floor,Greeley,Colorado 80631,
publication of the annexed legal notice or advertisement; at the date and time specified below,
and a Second and Third reading of
that said newspaper has been admitted to the United said Ordinance will be considered
States mails as second-class matter under the provisions oon01 March 21, 2011 and April 11,
1.
of the act of March 3, 1879, or any amendments thereof, The complete case file may be
examined by calling the Department
and that said newspaper is a weekly newspaper duly of Planning Services at(97 0)353-
6100 to make arrangements with
qualified for publishing legal notices and advertisements the case planner,or at the office of
within the meaning of the laws of the State of Colorado. the Clerk to the Board cf CCo n{y
Commissioners, Weld County
That the annexed legal notice or advertisement was Centennial Center,915 10th Stree,
g Third Floor, Greeley, Colorado
published in the regular and entire issue of every number 80631. E-Mail messages sent to
an individual Commissioner may
of said weekly newspaper for the period of ONE not be included in the case file.
To ensure inclusion of your E-Mail
consecutive insertion(s); and that the first publication of correspondence into the case file
said notice was in the issue of dated 12th newspaper, nor to the Planning Commission
day hearing,please call the Department
of JANUARY 2011, and the last on the 12th day of of Planning Services to obtain the
appropriate contact information. For
JANUARY 2011
inclusion of any correspondence
_ prior to the Board of Commissioners
/ hearing E-mail egesco.weld.
If co.us.
a court reporter is desired for
ei
ther either hearing, please advise the
Department Services of Planning Services
Publisher, Subscribed and sworn before me, this 12th or the Clerk to the Board=s Office,
in writing,at least five days prior to
day of, JANUARY, 2011. the heanng. The cost a engaging
a court reporter shall be borne by
;�r� the requesting,party. In accordance
0 L IV y with the Americans with ationDisabilities
a
Act, if I accommodations ans are
Ti, star Public. required in order for you to participate
Y in this hearing, please contact the
Department(�9g of Planning Services
' _ at
k7to 353 Boats Ext.
Office at(970)
336-7215,Ext.4226,prior to the day
\ of the hearing. All cases scheduled
before the Planning Commission or
Board of County Commissioners are
subject to continuance,due to lack
^ of quorum or otherwise. Contact the
Department of Planning Services
I --\7<\) " 1 O or fire Clerk to the Board=s Ofce
CO,
r,. sc
r at the numbers above, for hearing
Q contihuance information.
( DOCKET#:2011-13
PLANNING COMMISSION DATE:
°F CO", February 1 2011
,__� TIME: 1:30 p m.
BOARD OF COMMISSIONERS
DATE:February 28,2011
TIME: 9:00 a.m.
/� "� _ • PLANNER:Tom Perko and Elizabeth
\' \) " O'L)yl\r\I\ � ( Z\2_V-04 RRaifordST.CodeOrdinance#2011-
d f 2, 2011-3, 2011-4, In the Matter of
Repealing and Reenacting, with
Amendments,A portion of Chapter
5, Article VIII Capital Expansion
Fee and Stormwater Drainage
Infrastructure Fee,Chapter 20 Road
Impact Fees, Chapter 23 Zoning,
and Chapter 29 Building Regulations
of the Weld Count(Code
PLANNING CflkIMISSION
WELD COUNTY,COLORADO
DATED:January 7,2011
PUBLISHED: January 12, 2011, in
the Ft.Lupton Press
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