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HomeMy WebLinkAbout760729.tiff 2 N � n, 1 _5 . rill 1 " '`',�j�'t�� Recorded at 1 JAN .�._19. -� C?._.._...._...... o doss, _ M.'.'.._�.� R., NJo. _ari&8Ot(7,.. My ^-n F_.:..rstci,,, Recorder i OFFICE OF THE PLANNING COMMISSION 1 1 OFFICIAL I I I I C 0 0 e/4/ I 447 ,7,-., - A I .�t Iore\ ' . \ 741,i,:ir- ret-,H. s...:;is_., 1 O4 ix 1 O R 1 I ZONING RESOLUTION I 76, 07,271 v:-The'` 786 i7O8OZ7 77-2 This document is hereby certified to the Weld County Board of Commissioners in accordance with the requirements of Section 30-28-101 , et seq . , C.R.S. 1973 and in accordance with the recommendations and actions of the Weld County Planning Commission as set forth by Resolution of the Com- mission this 7 day of (7,' (2 A.D. , 19 'A by c �Z C c_.7 v,.c_c_Chalrmari, Weld(;) unty Planning Commission IN WITNESS WHEREOF, I have hereunto set my hand and aff,ixed thr seal of Weld County, at Greeley, Colorado this A.D. , 19 /O . � � S County glerk n i by r. ,tt;.:( �— S ' ' _, t. 'I Deputy County Clerk This document is hereby adopted in accordance with the re- quirements of Section 30-28-101 , et seq. , C.R. S . 1973 by the Weld County Board -of County Commissioners as set forth by Resolution of the Board this '7 day 9f / A.D. , 19 ( ( , by /�i -, j / '1fi �� J-( 1f . hairman, We d ounty Com issione IN WITNESS WHEREOF, I have hereunto set my hand and affixed the sea,A of Weld County, at Greeley, Colorado, this i j day of/ I A.D. , 19 ;1. .7 4 ,J1� wr ` T'9 4:'It : ` County Clerk 54�tn. i; 47e, <iti , '�' , ( , I Deputy County /glerk roc-, II 786 1708027 '7 7- 3 IPURPOSE II II Zoning provides the same type of common sense divisions of business , residential , and industrial areas that we create in our own homes by the use of walls to separate living , sleeping , working , I and storage areas . By the use of well established legal principles , zoning makes possible the safeguarding of residential areas - busi - ness areas are protected for development in logical areas - and in- I dustrial districts may be preserved in locations with good access to main travel routes and utilities . In general , the public health , safety and welfare are IIpromoted through zoning in the following ways : ( 1 ) Property values are protected since uses which would lessen IIvalues are not allowed in areas where conflict would occur . ( 2 ) Growth potentiality is increased by the reservation of adequate land for all uses .II ( 3 ) Established business areas are protected against the indis - criminate development of business buildings wherever vacant IIor cheap land exists . ( 4 ) The public tax base is stabilized and maintained . II ( 5 ) Lending institutions make higher loans in areas protected by zoning . I ( 6 ) Increased safety and consequent lower fire insurance rates re- sult from the prevention of overcrowding and segregation of hazardous uses . $ ( 7 ) Residents are protected against loss of light and air due to the bulk and proximity of' neighboring developments . 1, (8 ) Fire fighting efficiency is aided by the reservation of front , side and rear yards . V (9 ) P4iblic health is protected from diseases resulting from unsani - tary , overcrowded conditions . I ( 10 ) Street and Highway congestion , safety and construction costs are influenced by off-street parking requirements , specifica - thons for adequate sight distance at intersections , and front Iyard and setback requirements . ( 11 ) Utility , school , park and other public requirements may be more efficiently provided where zoning indicates future land Iuse and densities . p tr 78PII 1'708027 TABLE OF CONTENTS 77 - u I IISECTION PAGE $ Introduction 1 Preface 2 IIDistricts and Map I 3 I Application of Regulations II 5 Use and Density Schedules III 6 ISigns IV 28 Parking Requirements V 31 ISupplementary Regulations VI 32 I Non-Conforming Uses and Buildings VII 57 Amendments VIII 58 IBoard of Adjustment , Variances IX 61 Interpretation , Validity , Enforcement X 63 IViolations and Penalties XI 64 I Definitions XII 65 Repeals and Enactment XIII 73 II I I I i I I, v-r" 786 1.'7C8027 INTRODUCTION I 1 The zoning of some unincorporated areas in Weld County , Colo- rado , has been requested by certain residents in order to preserve the value of their properties . These individuals realize that mini - mum standards for new development are essential , if many desirable features of the present County are to be preserved . Also these pro- perty owners wish to insure their own investments by having some knowledge of future development trends . As examples , a new business unit will wish to locate with good access to future highway routes and away from industrial nuisances , just as a new residential develop- ment will desire to locate away from flood hazards and without con- flict from normal business expansion . In order to assist with the zoning of various areas which are in the path of population expansion in Weld County , the Board of County Commissioners have appointed a Planning Commission . Members of this advisory board , who serving without pay , aid in the prepara- tion of plans and standards for future growth . One of their responsi - bilities is to work with property owners in areas where an interest has been expressed for zoning . The terms of this suggested zoning text have been written for the special requirements of Weld County . Complicated , involved zon- ing terms and unnecessary cross -references have been minimized in order for residents to easily determine how the proposed law would operate . Wherever applicable , provisions of the City of Greeley Zoning Ordinance have been used , so that unnecessary confusion of terms may he avoided . Further information may be obtained by contacting members of 1 the Weld County Planning Commission or other property owners who have been appointed on special advisory zoning committees . I t 1 1 I I q) W ' 186 1708027 PREFACE 2 A resolution establishing land use zoning within certain un - incorporated zoning areas in Weld County , Colorado ; adopting maps of said areas and zoning districts therein ; regulating the use of 1 land and the use , setback , lot area , lot width , yards , and height of building ; providing for the adjustment , enforcement and amend- ment thereof ; defining certain terms used herein ; prescribing pen- alties for the violation of its provisions ; and repealing all reso- lutions in conflict herewith . ' Be it resolved by the Board of County Commissioners of the County of Weld : That this resolution shall apply to the unincorporated areas within the County of Weld , State of Colorado , as indicated on the ' officially adopted zoning maps of Colorado . 1 I I I ,- 786 tic 8021 IDISTRICTS AND MAPS 7 '7 3 1 SECTION I I 1 . 1 Establishment of Districts In order to carry out the provisions of this Resolution , there are hereby created and established 1 in Weld County , Colorado , the following classifications for zoning districts : 1 A- I - Agricultural District ( Rev . 12/26/ 73 ) A-D Agricultural District ( Rev . 12/26/73 ) E - Estate District I R - Residential District H - High Density District MH - Mobile Home District T - Transitional District I B - Business District C - Commercial District I - Industrial District I S - Scientific District C-0 Conservation District ( Rev . 11 /12/70 ) A-P - Airport District 1 1 . 1 -A Upon passage of this Resoluiton , all references to the A-Agricultural District or A-1 Agricultural District contained in Sections 1 . 1 , 3 . 14 , 3 . 15 , 4 . 2 , 6 . 1 ( 2 ) ( B ) , I 6 . 1 ( 2 ) ( C ) , 6 . 1 ( 2 ) ( D) , 6 . 1 ( 3 ) and all other Sections of the Weld County Zoning Resolution ( Revised November 12 , 1970) shall be amended to read A-1 Agricultural Zone IDistrict or A-D Agricultural Zone District . ( Rev . 12/26/73 ) 1 . 2 Zoning Map 1 The boundaries and zoning classifications of districts hereby established are as shown on official zoning maps for areas within Weld County as adopted or amended after I public hearings by the Board of County Commissioners of Weld County . Such maps and all notations , references , data and other information shown thereon are by reference I hereby made a part of this Resolution . In the event uncertainty shall be deemed to exist on the official zoning maps , district boundaries shall be on I section lines ; lot lines ; the centerlines of highways , streets , alleys , railroad right-of-ways or such lines extended ; municipal corporate lines ; natural boundary I lines , such as streams or lakes ; or other lines to be determined by the Board of Adjustment where uncertainty may exist . 1 1 I ,c),, 786 17c 8oz'x DISTRICTS AND MAP 77A 4 Where a lot is divided by a zoning district boundary line at the time of enactment of this Resolution or by subsequent amendments , the less restrictive zoning re- quirements may be extended within the lot into the more restrictive zoning district for a distance of not ' more than 50 feet or 10 feet from the lot line in the more restrictive district . 1 1 I I 1 1 *,91786 1708027 gel -G APPLICATION OF REGULATIONS 5 I SECTION II 2 . 1 General Application ' Except as herein after otherwise provided : ' 1 . No building shall be erected and no existing building shall be moved , altered , added to or enlarged , nor shall any land , building , or premises be used , designated or intended ' to be used for any purpose or in any manner other than is included among the uses hereinafter listed as permitted in the district in which such building , land or premises is located . 1 2 . No building shall be erected , reconstructed or structurally altered to exceed in height the limit hereinafter desig- nated for the districts in which such building is located . 3 . No building shall be erected , nor shall any existing build- ing be altered , enlarged or rebuilt , nor shall any open space surrounding any building be encroached upon or re- duced in any manner , except in conformity to the yard , build- ing site area and building location regulations hereinafter designated for the district in which such building or open space is located . 4 . No yard or other open space provided about any building for the purpose of complying with provisions of this resolution shall be considered as providing a yard or other open space for any other building , and no yard or other open space on ' one lot shall be considered as providing a yard or open space for a building on any other lot . 2 . 2 Existing Building The regulations contained herein are not retroactive in their application to existing building . I U I cr,786 1708027 USE AND DENSITY SCHEDULES 6 SECTION III 3 . 1 Reference The following schedules of regulations applying to the use of the land , and the use , lot area , lot width , height , yards , setback and floor area of and about buildings , and all other matters contained herein , as indicated for the various districts established by this Resolution , are here- by adopted and declared to be a part of this Resolution , and may be amended in the same manner as any other part of this Resolution . The regulations listed for each district ' as designated read either from left to right or top to bottom of each schedule . ' 3 . 2 Listing of Uses The listing of any use in said schedule as being per- mitted in any particular district shall be deemed to be an exclusion of such use from a more restricted district , un- less such use is specifically permitted in the more re- stricted district under the language set forth in the ' schedule . 3 . 3 Uses Permitted in the A- I Agricultural Zone District A . Intent - The intent in establishing the A- I Agricultural Zone District is to allow all agricultural and related uses in those areas in which agriculture is and should continue to be the predominant land use . This district is intended to discourage encroachment of incompatible uses upon the agricultural land in the district , to encourage agricultural uses as the highest and best use of the land in the district as compared with other uses in conflict therewith , and to provide for the orderly expansion of urban growth in conformance with the Weld County Comprehensive Plan . B . Uses Permitted by Ricjht 1 . Farming , Ranching and Gardening ; 2 . Farm dwellings or buildings reasonably necessary to ' the advancement of a farm use ; 3 . The following accessory structures and uses shall be permitted when they are appurtenent to the t principal permitted use : a . Living quarters for persons customarily employed at the principal permitted use as listed in this Resolution . b . Office incidental to the operation of permitted use . c . Garage , parking area . taco- 786 1'7C 80 '7 U S E A N D DENSITY SCHEDULES 7 d . Mobile homes subject to the additional requirements of Section 6 . 1 ( 2 ) of this Resolution . e . Roadside stands when the products are grown on the premises . Such stands shall be situ - ated not less than 50 feet from the public right- of-way . 4 . Cultivation , storage and sale of crops , vegetables , plants , flowers and nursery stock raised on the premises ; and temporary storage in transit of ' crops not raised on the premises and not for sale on said premises ; 5 . Cemeteries ; 6 . Grange Halls ; ' 7 . Grazing ; 8 . Oil Drilling Facilities ; 9 . Public parks , playgrounds and other public recre- ation areas owned and operated by a governmental or other non- profit agency ; 10 . Public utility mains , lines and substations . . . . where no public office and no repair or storage ' facilities are maintained ; 11 . Truck farms , sod ( turf ) farms , greenhouses and nurseries including cultivation , storage and sale ' of crops , vegetables , plants , flowers and nursery stock raised on the premises , and temporary storage in transit of crops not raised on the premises and ' not for sale on said premises ; 12 . One- family dwelling on a parcel of land created under the provisions of Section 9 of the Subdivision Regulations of Weld County , August 30 , 1972 . ' C . Temporary Uses 1 . A temporary permit may be obtained from the Planning Department upon the filing of an application re- questing a temporary use and accompanied with a ' $ 10 . 00 application fee . Temporary stands , structures , motor vehicles and trailers shall be removed on the date of termination of the permit unless a specific date is stated herein . Temporary structures shall ' be shown to be so constructed as to not constitute a fire hazard or hazard to the health or safety of the public prior to issuance of the permit . Such 1 temporary stands or structures shall not be con- structed of materials which are substantially de- teriorated , nor shall any of the above tempoary stands , structures , motor vehicles or trailers be I allowed to deteriorate to the point where they shall constitute a fire or other hazard to the health , safety or welfare of the public . ( In those cases 1' I Ill `7 6 1708027 '1`l - la U S E A N D DENSITY SCHEDULES 8 I where a public hearing is required before issuance I of a temporary use permit , the application fee shall be $25 . 00 . ) 2 . The following may be operated as uses by temporary permit and need not be enclosed within a building : I a . Temporary construction yard or building for construction materials and equipment , mobile I home for office use , and concrete batch plants , incidental and necessary for construction in agricultural zone districts . Each permit shall I specify the location of the building , mobile home office , yard or batch plant . No area more than two miles distant shall be served by such temporary building , mobile home office or yard . I Each permit shall be valid for a period of not more than six calendar months and may be re- newed for three successive six-month periods at I the same location . b . Temporary office incidental and necessary for the sale of new construction by the permittee . 1 Each permit shall specify the location of the office and the area within which such sales may be made . No area more than two miles distant from the office shall be served . Each permit I shall be valid for a period of not more than six calendar months and may be renewed for three successive six-month periods at the same I location . c . Mobile homes may he used for temporary living quarters incidental and necessary for the con- 1 struction of a residence on the property , sub- ject to the additional requirements of Section 6 . 1 ( 2 ) of this Resolution . d . Temporary group assemblages subject to the addi - 1 tional requirements of Section 6 . 7 of this Reso- lution . A public hearing will be required be- fore a permit for such assemblages can be issued . ID . Conditonal Uses 1 . The Planning Commission is authorized to recommend to the Board of County Commissioners approval or denial of the following uses and to recommend re- quirements for the operation of said uses . Any ex- I pansion or enlargement of a permitted conditional use shall he treated as a new application under the provisions hereof . 1 2 . The Planning Commission and the Board of County Commissioners shall consider the following in making their determination in approving or denying a conditional use permit : Compatibility with the ilsurrounding area , harmony with the character of the Bor.' 786 1 '7Q80Z7 IT- U S E A N D DENSITY SCHEDULES 9 neighborhood and existing agricultural uses in the area , need for the proposed use , its effect upon the immediate area , its effect on future develop- ment of the area , and the health , safety and wel - fare of the inhabitants of the area and the County . 3 . Before a permit for a conditional use permit is issued , the Planning Commission and the Board of County Commissioners shall determine through hearings , that the followina plans , methods and studies , which shall accompany the application for a conditional use permit , provide adequate Pro - tection of the health , safety and welfare of the inhabitants of the area and the County . a . A certified boundary survey of the property ' for which application is made may be required . b . Plot plan showing location of all proposed buildings , parking areas , ingress and egress , waste disposal areas , other constructional features and landscaping . c . Description of proposed operation in sufficient ' detail to indicate effects of operation in pro - ducing air and water pollution , odor , noise , glare , fire or other safety hazards and traffic congestion . d . Methods for disposal of sewage or other wastes in a sanitary and healthful manner . e . Methods for supplying water in such a manner as ' to be adequate in quantity , quality and de- pendability for the proposed use . f . Plan to show drainage and drainage facilities . g . Plan showing traffic circulation . ' h . Plans for improving roads and methods of fi - nancing road improvements in those cases where roads to be maintained by the County are below ' County standards . i . Soil Study of the site . j . All plans or plot plans , as required , must be ' submitted to the Weld County Planning Depart- ment for its study and recommendations at least 20 days prior to the Planning Commission hearing date . ' k . Application fee of $25 . 00 . 1 . Any of the above requirements may be waived by the Planning Commission or its authorized agent . 4 . The following uses are permitted upon the granting of a conditional use permit by the County Commision - ers : a . Administrative Offices , Agricultural Organizations ; b . Animal training center , pets ; c . Churches and church schools ; d . Fairgrounds ; I wy) ,' 786 170802'7 rii -Pi USE AND DENSITY SCHEDULES 10 ' e . Firewood production f . Fish Hatchery g . Fur Farm h . Golf Course i . Guest Lodge ' j . Guest Farm k . Institution for aged 1 . Institution for children I m . Pipeline Terminal n . Private air landing strip o . Public and private schools p . Riding stable I q . Reformatory r . Television transmitting , relay station s . Wild game production ' t . Veterinary Hospital u . One-family dwellings other than those permitted under Section 3 . 3 ( B ) of this Resolution , sub- ' ject to the additional requirements of Section 6 . 6 of this Resolution . E . Special Uses II1 . The Planning Commission is authorized to recommend to the Board of County Commissioners approval or I denial of the following uses and to recommend con- ditions and requirements for the operation of said uses . Any expansion or enlargement of a Special II Use shall be treated as a new application under the provisions hereof . 2 . The Planning Commission and the Board of County Commissioners shall consider the following in I making their determination in approving or denying a special use permit : Compatibility with the sur- rounding area , harmony with the character of the neighborhood and existing agricultural uses , need for the proposed use , its effect upon the immediate area , its effect on future development of the area and the health , safety and welfare of the inhabi - tants of the area and the County . 3 . Before a permit for a special use is issued , the Planning Commission and the Board of County 1 Commissioners shall determine through public hearings , that the following plans , methods and studies , which shall accompany the application for 1 a special use permit , provide adequate protection of the health , safety and welfare of the inhabi - tants of the area and the County . 1 a . A certified boundary survey of property for which application is made may be required . b . Plot plan showing location of all proposed 1 buildings , parking area , ingress and egress , I 11 ai)o786 170802"7 USE AND DENSITY SCHEDULES Rrl' 15 11 11 waste disposal areas , other constructional I features and landscaping . c . Description of proposed operation in sufficient detail to indicate effects of operation in pro- ducing air and water pollution , odor , noise , glare , fire or other safety hazards and traffic congestion . d . Methods for disposal of sewage or other wastes 1 in a sanitary and healthful manner . e . Methods for supplying water in such a manner as to be adequate in quantity , quality and dependa - bility for the proposed use . f . Plan to show drainage and drainage facilities . g . Proposed number of shifts to be worked and maxi - mum number of employees . h . All plans or plot plans , as required , must be submitted to the Weld County Planning Depart- ment for its study and recommendations at least 20 days prior to the Planning Commission hearing date . i . Soil study of site . j . Application fee of $25 . 00 . 4 . The following uses are permitted upon the granting of a special use permit by the Board of County 1 Commissioners: a . Airports 1 b . Asphalt plants c . Batch plants ( concrete ) d . Cattle feedlots and the raising of sheep , swine , rabbits and other animals for commercial use 1 subject to the additional requirements of Section 6 . 1 ( 4 ) of this Resolution . e . Dairies f . Dog Kennels subject to the additional require- ments of Section 6 . 1 ( 10 ) of this Resolution . g . Fertilizer ( organic ) storage and sale where the fertilizer is stored for longer than one ( 1 ) year , subject to the additional requirements of Section 6 . 1 ( 5 ) of this Resolution . h . Junk yards i . Outdoor shooting ranges subject to the additional requirements of Section 6 . 1 ( 6 ) of this Reso- lution . j . Poultry production ( chickens , ducks , geese , turkeys ) subject to the additional requirements of Section 6 . 1 ( 7 ) of this Resolution . k . Salvage yards 1 . Sand and gravel pits , quarries and open mining operations subject to the additional requirements of Section 6 . 1 ( 3 ) of this Resolution . 11 i , 5Oc- ' 786 i 748077 U S E A N D DENSITY SCHEDULES X612 ' m . Sanitary land fill ( solid waste disposal sites ) ' subject to the additional requirements of Section 6 . 1 ( 8 ) of this Resolution . n . Sewage systems ( pumping stations , sludge drying sites ) subject to the additional requirements ' of Section 6 . 1 ( 9 ) of this Resolution . o . Slaughter houses and packing houses p . Storage tanks ' F . Listed Uses Permitted by Right , Temporary Uses , Condi - tional Uses and Special Uses - As defined by Section 6 . 1 ( 1 ) of this Resolution , all Uses Permitted by Right , Temporary Uses , Conditional Uses and Special Uses listed in. this Resolution are representative and are not all inclusive . Unlisted uses of a similar nature to those ' listed herein are subject to review to the same extent as those listed . G . Minimum Lot Area - 80 acres - Variance from this mini - mum lot area shall be considered a Conditional Use subject to the provisions of Section 3 . 3 ( D ) of this Resolution ; or a Special Use subject to the provisions of Section 3 . 3 ( E ) of this Resolution . H . Building Permits - No building permit shall be issued for any construction on any parcel of land in this zone which is not a " Legal Lot " as defined in Section 12 . 2 1 of this Resolution; or unless the building permit is to be issued in connection with a legal non -conforming use pursuant to the provisions of Section VII of this Reso- lution ; or in connection with a legal Conditional Use pursuant to the provisions of Section 3 . 3 ( D ) of this Resolution ; or in connection with a legal Special Use pursuant to the provisions of Section 3 . 3 ( F ) of this ' Resolution . I . Vehicular Access to County Roads - Vehicular Access to county roads will be limited to one per lot ; location ' of the access subject to the approval of the Weld County Public Works Director . ( Rev . 12/ 26/ 73 ) 3 . 3 ( I ) Uses Permitted in the A-D Agricultural Zone District A . Intent - The intent in establishing the A-D Agricultur- al Zone District is to allow all agricultural and re- lated uses in those areas in which agriculture is and should continue to be the predominant land use . This district is intended to discourage encroachment of in- 1 compatible uses upon the agricultural land in the district ; to encourage agricultural uses as the highest and best use of land in the district as compared with other uses in conflict therewith ; and to provide for 1 the orderly expansion of urban growth in conformance with the Weld County Comprehensive Plan . 1 786 1908027 U S E A N D DENSITY SCHEDULES rn-I1 13 B . Uses Permitted by Right - All uses listed as Uses Permitted by Right in the A- I Agricultural Zone District . ' C . Temporary Uses - All uses listed as Temporary Uses in the A- I Agricultural District . The requirements for application , and all additional requirements specified ' for particular temporary uses in the A- I Agricultural District shall apply to temporary uses in the A-D Agricultural Zone District . D . Conditional Uses - All uses listed as Conditional Uses in the A- I Agricultural District . The requirements for application , and all additional requirements speci - fied for particular conditional uses in the A- I Agri - ' cultural Zone District shall apply to conditional uses in the A- D Agricultural Zone District . E . Special Uses - All uses listed as Special Uses in the ' A- I Agricultural District . The requirements for ap- plication and all additional requirements specified for particular special uses in the A- I Agricultural ' District shall apply to special uses in the A-D Agri - cultural Zone District . f . Listed Uses Permitted bl Right , Temporary Uses , Condi - tional Uses and Special Uses - As defined by Section ' 6 :1j17 of this Resolution , all Uses Permitted by Right , Temporary Uses , Conditional Uses and Special Uses listed in this Resolution are representative and are ' not all inclusive . Unlisted uses of a similar nature to those listed herein are subject to review to the same extent as those listed . ' G . Minimum Lot Area - 160 acres - Variance from this mini - mum lot area shall be considered a Conditional Use sub- ject to the provisions of Section 3 . 3 ( I ) ( D ) of this Resolution , or a Special Use subject to the provisions ' of Section 3 . 3 ( I ) ( E ) of this Resolution . H . Building Permits - No building permit shall be issued for any construction on any parcel of land in this zone which is not a " Legal Lot " as defined in Section 12 . 2 of this Resolution ; or unless the building permit is to be issued in connection with a legal non-conforming use pursuant to the provisions of Section VII of this Resolution ; or in connection with a legal Conditional Use pursuant to the provisions of Section 3 . 3 ( I ) (D ) of this Resolution ; or in connection with a legal Special ' Use pursuant to the provisions of Section 3 . 3 ( I ) ( E ) of this Resolution . I . Vehicular Access to County Roads - Vehicular access to county roads will be limited to one per lot ; location of the access subject to the approval of the Weld County Public Works Director . 1 I 1708029 USE AND DENSITY SCHEDULES rirl-Pg � 4 3 . 4 Uses Permitted in the "E " , Estate District I . Churches and church schools ; ' 2 . Crop , grazing , orchard and garden uses ; 3 . Farm , ranch , and garden buildings and uses . pro - vided commercial feed yards or kennels are not maintained ; 1 4 . One -family dwellings ; 5 . Public parks , playgrounds , and other public recreation areas owned and operated by a governmental or other non- profit agency ; ' 6 . Public schools ; 7 . Public utility mains , lines and substations . . where no public office and no repair or storage facilities ' are maintained ; 8 . Special accessory uses , which are naturally and normally incidental to , subordinate to and devoted exclusively ' to the main use of the premises and including ( but not confined to ) private garages , incinerators , identifi - cation signs , home occupations , and private swimming pools . ' 3 . 5 Uses Permitted in the "P " , Residential District 1 . Uses permitted in the " E " , Estate District as stated ' therefore . 3 . 6 Uses Permitted in the "H " High Density Residential District 1 . All uses permitted in the "R " , Residential District as stated therefore ; 2 . Boarding and rooming houses : 3 . Colleges and private schools ; 4 . Dormitories , sorority and fraternity houses ; 5 . Hospitals , rest homes , convalescent homes , and nursing ' homes ; 6 . Multi -family dwellings ; 7 . Pre-school age nurseries ; 8 . Two - family dwellings . 1 3 . 6 -A Uses Permitted in the "MH " , Mobile Home District ' 1 . Mobile home subdivisions and independent mobile homes ( outside subdivisions or mobile home parks ) provided the following conditions are met : a . The minimum lot area and minimum setbacks per mobile home shall he the same as required for a dwelling in the " R " Residential District ; b . The subdivisions shall conform to all requirements of the Subdivision Regulations of Weld County ; and c . Each mobile home , whether it is a part of a Subdi - vision or not , shall be required to meet the stand - ards of the Mobile Home and Mobile Home Park Regu- lations of Weld County regarding "water supply , " "sewage disposal , " "refuse disposal , " "electricity , " 1 "fuel , " and "alterations and additions . " 1 796 170802 7 USE AND DENSITY SCHEDULES '7 _14 15 3 . 6-A Uses Permitted in the "MH " , Mobile Home District ( Continued ) ' 2 . Mobile Home Parks , including buildings and uses for service and recreation , provided each mobile home park is constructed according to the mobile home park regulations of Weld County . ' 3 . 7 Uses Permitted in the " T" , Transitional District 1 . All uses permitted in the "H " , High Density Residential District as stated therefore ; 2 . Cultivation , storage and sale of crops , vegetables , plants , flowers and nursery stock produced on the premises ; 3 . Medical and dental clinics ; 4 . Membership clubs ; ' 5 . Motels and hotels ; 6 . Professional offices ; 7 . Tourist homes ; 1 8 . Undertaking establishments . 3 . 8 Uses Permitted in the " B " , Business District 1 1 . All uses permitted in the " T" , Transitional District as stated therefore ; 2 . Automobile parking areas ; 3 . Banks ; 4 . Gasoline service stations ; 5 . Offices ; 1 6 . Personal service shops ; 7 . Places for the conduct of any restricted retail business not of a commercial , industrial or manufacturing nature ; 8 . Places of amusement or recreation ; I 9 . Places serving food or beverages ; 10 . Places of assembly ; 11 . Studios ; 12 . Theaters . 3 . 9 Uses Permitted in the " C " , Commercial District 1 . All uses permitted in the " B" , Business District as stated therefore ; 2 . Automobile repair shops ; 1 3 . Bakeries ; 4 . Bottling works ; 5 . Builders ' supply yards , sale of cement and concrete products , and lumber yards ; 6 . Cabinet making and carpenter shops ; 7 . Cleaning and dyeing establishments ; 1 8 . Dairy processing and distribution plants ; 9 . Frozen food lockers ; 10 . Ice and cold storage plants ; 11 . Laundries ; 11 12 . Machine shops ; 13 . Manufacture of handicraft products ; I 786 170802,7 USE AND DENSITY SCHEDULES ?'7-)o16 3 . 9 Uses Permitted in the " C" , Commercial District ( Continued ) 14 . Places for the conduct of any commercial , or wholesale activity - not of an industrial or manufacturing nature ; 15 . Plumbing shops ; 16 . Printing and publishing establishments ; 17 . Roofing shops ; 18 . Storage warehouses ; storage of oil , gasoline and petro- leum products ; 19 . Tin shops ; 20 . Upholstery Shops ; 21 . Used car lots ; 22 . Veterinary hospitals . 3 . 10 Uses Permitted in the " I " , Industrial District 1 . All uses permitted in the " C " , Commerical District as stated therefore ; except that all uses specifically listed in the " H " , High Density Residential District 1 and in the "T" , Transitional District shall not be per- mitted in the " I " , Industrial District ; 2 . The following operations shall have the approval of the Board of County Commissioners : a . Any industrial or manufacturing operation ; b . Junk yards and salvage yards ; c . Sanitary land fill and dumping operations ; d . Slaughter houses and packing houses . 3 . 11 Uses Permitted in the " S" , Scientific District 1 . All uses permitted in the " E" , Estate District as stated therefore ; 2 . Any kind of scientific , research , manufacturing , com- pounding , assembling , processing or treatment of prod- ucts or experimental material . . provided the follow- ing limitations are placed on all such uses : a . All permitted uses shall be operated entirely within an enclosed structure ; b . Dust , fumes , odors , refuse matter , smoke , vapor , noise , lights , and vibration shall be confined to the premises of the lot upon which such use is located , and c . Travel and parking portions of the lot shall be surfaced with asphalt , concrete or equivalent ' paving . 3 . 12 Uses Permitted in the " C-0 , " Conservation District ( Rev . 8/12/70 ) 1 . Cemeteries ; 2 . Cultivation , storage and sale of crops , vegetables , plants , flowers and nursery stock produced on the pre- mises ; and temporary storage in transit of crops not raised on the premises and not for sale on said premises ; J 1'70802'7 ' ,D6 USE DENSITY SCHEDULES 17 1 3 . 12 Uses Permitted in the " C-0 , " Conservation District ( Continued ) 3 . Fairgrounds ; 4 . Grange Halls ; 5 . Gravel pits , quarries and open mining operations sub- ject to approval as to location by the Weld County Planning Commission and subject to the special provisions of Section VI , SUPPLEMENTARY REGULATIONS , Paragraph 6 . 1 , Uses Permitted , sub-heading ( 3 ) . 6 . Oil drilling facilities ; 7 . Riding stables ; 8 . Veterinary hospitals ; 9 . Public parks , playgrounds and other public recreation areas owned and operated by a governmental or other non-profit agency ; 10 . Public utility mains , lines and substations . . where t no public office and no repair or storage facilities are maintained ; 11 . One single family dwelling ; 12 . Buildings and structures customarily accessory to the permitted uses , provided that no dwellings are located within such area except as specifically pro- vided herein ; 13 . ( 1 ) Water treatment plants , storage tanks , sewage treatment facilites and sanitary land fill areas subject to the approval as to location by the Board of County Commissioners . ( 2 ) Cattle feeding and the raising of fowl , rabbits , t hogs and other animals for commercial use , pro- vided each of the following conditions are met ; (a ) Commerical feed yards shall be located at 660 feet from any residence on another lot , from any public place of assembly , and from any E , R , H , MH , T , B , or S zoning district boundary line ; ( b ) Commercial feed yards shall be located at least 660 feet from any State or Federal highway right-of-way ; and (c ) All such uses shall be approved as to loca- tion by the Board of County Commissioners . ( Rev . 8/ 12/70 ) . I I I 1 AG;7 86 1708027 177 USE AND DENSITY SCHEDULES 1R I 3 . 13 Uses permitted in the "A-P " , Airport Zone District ( 1 ) Definitions For the purpose of this Section , the words and phrases set forth in this Section shall have the means re- spectively ascribed to them herein : (a ) AIRPORT Weld County Municipal Airport , located in Sections 2 and 3 , T5N , R65W , Weld County , Colorado . ( b ) AIRPORT ELEVATION The established elevation of the highest point on the usable landing area ( 4 , 648 feet above sea level ) . ( c ) AIRPORT HAZARD Any structure , tree or use of land which obstructs the airspace required for , or is otherwise hazardous to , the flight of aircraft in landing or taking off at the air- port . (d ) AIRPORT REFERENCE POINT The point established as the geographic center of the air- port landing area . The reference point at Weld County Municipal Airport is a point 2 , 700 feet west of the east line of Section 2 , T5N , R65W , Weld County , Colorado and 2 , 200 feet north of the south line of said Section 2 . (e ) HEIGHT For the purpose of determining the height limits in all surfaces set forth in this Section and shown on the zoning map , the datum shall be mean sea level elevation unless otherwise specified . ( f ) INSTRUMENT RUNWAY The East-West Runway , No . 9-27 , equipped , or to be equip- ped with a precision electronic navigation aid , landing aid , or other air navigation facilities suitable to per- mit the landing of aircraft by an instrument approach under restricted visibility conditions and described as follows : 1 . Instrument Runway : A tract of land in Sections 2 and 3 , T5N , R65W , situated in Weld County , Colorado , or more particularly described as follows : Beginning at the intersection of State Highway 263 and Darling f R 17(8029 IIUSE AND DENSITY SCHEDULES 7 7- 3 19 Ranch Road , thence North 74° 12 ' west a distance of 8 , 500 feet ; said 8 , 500 feet is the centerline of the Instrument Runway , which extends 50 feet on each side of said centerline . ( g ) NON- INSTRUMENT RUNWAY 1 Runways that are not equipped with electronic naviga - tion equipment . The non - instrument runways are the 1 crosswind runway ( Runway 15 -33 ) and the narallel prac - tice runway ( Runway 9L -27R ) . ( h ) RUNWAY The area of the Airport constructed and used for land- ing , and taking off , of aircraft . ( i ) STRUCTURE An object constructed or installed by man , including but not limited to buildings , towers , smoke stacks , overhead transmission lines , signs , drill rigs and cranes . This definition applies to this zone dis - trict only . ( j ) THRESHOLD ' That imaginary line on the runway perpendicular to the runway centerline which marks the useful limit of the runway . The threshold of all runways is the physical end of that particular runway with the exception being Runway 27 which has its threshold 1 ,050 feet west of the physical end . ( 2 ) AIRPORT SURFACES In order to carry out the provisions of this Section , there are hereby created and established certain AIRPORT SURFACES that include all of the land and airspace lying below air- port imaginary air surfaces . Such imaginary surfaces con - stitute the height limits of ground objects . Any ground object protruding into or through an imaginary surface would be a hazard to air operations . The land areas of the AIRPORT SURFACES are shown on Weld County Municipal Airport Zoning Map consisting of one sheet prepared by Nelson , Haley , Patterson and Quirk , Engineering Consultants , and dated I April 10 , 1972 , which is attached to this Section and made a part thereof . The various surfaces are hereby established and defined as follows : I I '786 1'7c 8027 11-1.1 USE AND DENSITY SCHEDULES 20 ( a ) INSTRUMENT APPROACH SURFACE An Instrument Approach Surface is established at that end of the instrument runway used for precision in- strument landings and takeoffs . The Instrument Ap- proach Surface is trapezoidal in shave and has a width of 1 ,000 feet at a distance of 2.00 feet beyond the end of the runway , widening thereafter uniformly to a width of 16 ,000 feet at a distance of 50 , 200 feet beyond the ' end of the runway , its centerline being the continua- tion of the centerline of the runway . ( b) NON-PRECISION INSTRUMENT APPROACH SURFACE The Non-precision Instrument Approach Surface is estab- lished at that end of an instrument runway not used for precision instrument approaches . The Non-precision In- strument Approach Surface is trapezoidal in shape and has a width of 1 , 000 feet at a distance of 200 feet be- yond the threshold , widening thereafter uniformly to a 1 width of 4 ,000 feet at a distance of 10 , 000 feet beyond the runway threshold , its centerline being the contin- uation of the centerline of the runway . (c ) NON- INSTRUMENT APPROACH SURFACE A Non- instrument Approach Surface is established at each end of all non- instrument runways for non- instrument land- ings and takeoffs . The Yon- instrument Approach Surfaces are trapezoidal in shape and have a width of 250 feet at I a distance of 200 feet beyond each end of the runway , wid- ening thereafter uniformly to a width of 1 , 250 feet at a distance of 5 , 000 feet heyond each end of the runway , its centerline being the continuation of the centerline of the runway . ( 3 ) HEIGHT LIMITATIONS WITHIN DESCRIBED SURFACES AND AIR SPACES Except as otherwise provided in this Section , no structure or tree shall be erected , altered , allowed to grow , or main- tained in the area within any surface created by this Section to a height in excess of the height limit herein established for such surface , or by Paragraph 77 . 23 of the Federal Avia- Lion Regulations . Such height limitations are hereby estab- lished for each of the surfaces as follows : (a ) HORIZONTAL SURFACE No structure or object of natural growth shall penetrate the airspace ahove 4 , 798 feet above mean sea level with- in the Horizontal Surface . a °/ 788 17080,279 rig- -5 IUSE AND DENSITY SCHEDULES 21 ( b ) INSTRUMENT APPROACH SURFACE Height limits on all objects within the Instrument Ap- proach Surface are hereby established according to the Ifollowing schedule : 1 . West Precision Instrument Approach Surface IDistance from Runway Edge Height Range 200 ' to 2 , 700 ' 0 ' - 50 ' I 2 , 700 ' to 10 , 200 ' 50 ' - 200 ' 10 , 200 ' to 50 , 200 ' 200 ' - 1 , 200 ' I2 . East Non- precision Instrument Approach Surface Distance from Threshold Height Range I 200 ' to 1 , 900 ' 0 ' - 50 ' 1 ,900 ' to 10 , 200 ' 50 ' 294 ' I The height limit range for the west anproach is based upon one foot in height for each 50 feet in horizontal distance beginning at a noint 200 feet from the runway I edge and extending 10 , 200 feet from the end of the west approach ; thence one foot in height for each 40 feet in horizontal distance to a point 50 , 200 feet from the end of the west approach . IThe height limit range for the east approach is based upon one foot in height for each 34 feet in horizontal I distance beginning at a point 200 feet from the thres- hold and extending 10 , 200 feet from the threshold of the east approach . I (c ) TRANSITIONAL SURFACES FOR INSTRUMENT RUNWAY Height limits on all objects within the Transitional I Surfaces of the Instrument Runway are hereby establish- ed as follows : I One foot in height for each seven ( 7 ) feet in horizontal distance beginning at any point 500 feet normal to , and at the elevation of , the centerline of the instrument I runway , extending 200 feet beyond each threshold thereof , extending to a height of 150 feet above the estahlished airport elevation ( Article A . 2 . ) . In addition to the foregoing , there are established height limits of one I foot vertical height for each seven feet horizontal dist- ance measured from the edges of all approach surfaces for the entire length of the approach zones and extending up- 1 ward and outward to the points where they intersect the I 13O;c7- 86 3;`786 1 10802 7 911.% ' USE AND DENSITY SCHEDULES 22 horizontal or conical zone , a height limit of one foot for each seven feet of horizontal distance shall be main- tained beginning at the edge of the instrument approach zone and extending a distance of 5 ,000 feet from the edge of the precision instrument approach zone measured normal to the centerline of the runway extended . ( d ) NON- INSTRUMENT APPROACH SURFACE Height limits on all objects within the Non- instrument 1 Approach Surface are hereby established as follows : One foot in height for each 20 feet in horizontal dist- ance beginning at a point 200 feet from , and at the ' centerline elevation of , the end of the non- instrument runway and extending to a point 5 , 200 feet from the end of the runway . (e ) TRANSITIONAL SURFACE FOR NON- INSTRUMENT RUNWAYS Height limits on all objects within the Transitional Surface of the Non- instrument Runways are hereby es - tablished as follows : one foot in height for each seven ( 7 ) feet in horizon- tal distance beginning at any point 125 feet normal to , and at the elevation of , the centerline of non- instru- ment runways , extending 200 feet beyond each end thereof , extending to a height of 150 feet above the established airport elevation which is 4 , 548 feet above mean sea level . In addition to the foregoing , there are estab- il lished height limits of one foot vertical height for each seven foot horizontal distance measured from the edges of all approach zones for the entire length of the approach zones and extending upward and outward to the points where they intersect the horizontal or conical surfaces . 1 ( f ) CONICAL SURFACE Height limits on all objects within the Conical Surface are hereby established as follows : One foot in height for each twenty feet of horizontal distance beginning at the periphery of the Horizontal Surface , extending to a height of 350 feet above the air- port elevation . I 1 :.` 786 1'70807'7 USE AND DENSITY SCHEDULES 23I? 47 (4 ) PERFORMANCE REGULATIONS 1 Notwithstanding any other provisions of this Section , no use may be made of land within any surface established by this Section in such a manner as to create electrical in- terference with radio communication between the Weld County Municipal Airport and aircraft , make it difficult for pilots to distinguish between airport lights and other ' lights , result in glare in the eyes of pilots using the airport , impair visibility in the vicinity of the airport or otherwise endanger the landing , taking off , or maneuver- ing of aircraft at the airport or in the vicinity of the airport . (a ) TRANSITION SURFACE ' Transition Surfaces are established adjacent to each instrument and non- instrument runway and approach surface as indicated on the zoning map . Transition surfaces symmetrically located on either side of run- ways have variable widths as shown on the zoning map . Transition surfaces extend outward from a line 125 feet on either side of the centerline of the non- instru- ment runway , for the length of such runway plus 200 feet on each end ; and 500 feet on either side of the ' centerline of the instrument runway , for the length of such runway plus 200 feet on each end , and are paral - lel and level with such runway centerlines . The Transition Surfaces along such runways slope upward ' and outward one ( 1 ) foot vertically for each seven ( 7 ) feet horizontally to the point where they intersect the horizontal surface . Further , Transition Surfaces ' are established adjacent to both instrument and non- instrument approach surfaces for the entire length of the approach surfaces . These Transition Surfaces have ' variable widths , as shown on the zoning map . Such Transition Surfaces flare symmetrically with either side of the runway approach surfaces from the base of such surfaces and slope upward and outward at the rate ' of one ( 1 ) foot vertically for each seven ( 7 ) feet horizontally to the points where they intersect the surfaces of the horizontal and conical surfaces . Addi - tionally , Transition Surfaces are established adjacent to the instrument approach surfaces where they project through and beyond the limits of the conical surface , extending a distance of 5 , 000 feet measured horizon- tally from the edge of the instrument approach surfaces at right angles to the continuation of the centerline of the runway . I I zoo - '786 170802'7 USE AND DENSITY SCHEDULES 2A 24 1 ( b ) HORIZONTAL SURFACE A horizontal plan 150 feet above the established airport elevation , the perimeter of which is constructed by ' swinging arcs of 10 , 000 feet from the center of each end of the primary surface of the instrument runway and con- necting these arcs with tangent lines . (c ) CONICAL SURFACE A Conical Surface is established as the area that con- , mences at the periphery of the horizontal surface and extends outward therefrom a distance of 4 , 000 feet . The Conical Surface does not include the instrument an- proach surfaces and transition surfaces . ( 5 ) NON-CONFORMING USES i The regulations prescribed in this section shall not he con- strued to require the removal , lowering , or other changes or alteration of any structure cr object of natural growth not ' conforming to this section as of the effective date of this section , or otherwise interfere with the continuance of any nonconforming use . Nothing herein contained shall require ' any change in the construction , alteration , or intended use of any structure , the construction or alteration of which was begun prior to the effective date of this section and is dil - igently prosecuted ; provided , however , the owner of any non- conforming structure or object of natural growth is hereby required to permit the installation , operation and mainten- ance thereon of such markers and lights as shall be deemed ' necessary by the Board of County Commissioners to indicate to the operators of aircraft in the vicinity of the Weld County Municipal Airport , the presence of such non-conforming struc- tures or object of natural growth . Such markers and lights shall be installed , operated and maintained at the expense of Weld County Airport Board . ( 6 ) VARIANCES Any application filed under Section 3 . 13 ( 5 ) for a variance to the provision of this section shall be submitted for comment to the Federal Aviation Agency and the Board of County Com- missioners prior to consideration of such application by the Board of Adjustment . I I I • "`1".-78t; JLL: c P I / ‘, zl °' I 3 i �4 �a P,y n .: .. of tit' '1 t �' • i - 5 /u c c - pi l i F , .lit T 1 ' _ : - trrlY� 1 4� - - - ( ,�' y' f ' i ,y,� 1 Vi _ _I'P 9'-• gyp {' #? 11 + y I t F / ♦. 't,4:, I. :. Y Ord^ J/� Fi�.. S ,,f7. I : * : !ism. + II til I NI ,,lN� . it-- w .x ' u K N A � I t .� r r 1(RI it l N (� x i fffjjj/ I 4 i / I llal * 'motI,'T a, - 4i% s ,fI s- e I "I 5 /�3j IY 'l (I M•l r + rte• } �+ II @ A ' Its _ s „ µpp 1 , ly I ,I// •,r lull pM, l i v g; I + ' I , ' • r '; 5 i .� tti.,,�ri I I Ir E iN 'ib rr r _ I, li ' " '�r yµ i Nllll' /�� H i , _ / , Y / x / � w, 1 ,r/ p S / lS '" InN NIlII�� F .. r 4 blin I S � 7 A- .r� dam - h / r ( '�x "" .,,y / I pY ap, IN 7 786 P708027 IUSE AND DENSITY SCHEDULES 17-30 26 3 . 14 PERMITTED USES IN ALL ZONING DISTRICTS SHALL COMPLY WITH THE FOLLOWING SCHEDULE FOR MINIMUM SETBACK OF BUILDINGS , MINIMUM LOT AREA PER PRINCIPAL USE AND THE MINIMUM LOT WIDTH PER ' PRINCIPAL USE : --- --------------------- -- MINIMUM MINIMUM I MINIMUM LOT WIDTH ( FEET FROM FRONT ) DISTRICT LOT AREA ( 1 ) ( FEET ) LOT LINE A- I ( Rev . 12/ 26/73 ) 80 Acres 180 50 A-D ( Rev . 12/ 26/73 ) 160 Acres 180 50 E 13 ,000 sq . ft . 90 20 R 13 ,000 sq . ft . 60 20 I Alternate S 6 , 500 sq . ft . 60 20 H 13 ,000 sq . ft . 60 20 Alternate S 6 , 500 sq . ft . 60 20 I MH 5 Acres 330 25 ( Mobile Home Park only ) T 13 ,000 sq . ft . 60 25 I Alternate S 6 , 500 sq . ft . 60 25 B * * 25 C * * 25 I * * 25 I S 40 ,000 sq . ft . 180 25 C-0 20 Acres 600 50 ( Rev .8/ 12/70 ) A- P NA NA NA ( 1 ) Larger lot areas may be required by the Weld County Health Department where soil conditions and percolation tests indi - Icate that leaching fields from a septic tank require addi - tional space . Such percolation tests shall he conducted wherever a lot is not connected to a public sewerage system . I "Alternate S " means that the dwelling is connected to a public sewerage system and to a public water system . I * Due to varying requirements , minimum standards shall he established for each use by the Weld County Health Department . INA Not applicable I I I I I l7aeo2/7 USE AND DENSITY SCHEDULES _ ZJr7 '1 3I 3 . 15 PERMITTED USES IN ALL ZONING DISTRICTS SHALL COMPLY WITH THE I FOLLOWING SCHEDULE FOR MINIMUM SIDE YARDS , MINIMUM REAR YARDS AND MAXIMUM HEIGHT OF BUTLDINGS : MINIMUM MINIMUM MAXIMUM HEIGHT I SIDE YARDS ( 1 ) REAR YARD ( 2 ) OF BUILDINGS ( 3 ) DISTRICT EACH YARD IN FT ) FEET ) ( FEET ) A- I NR NR NR ( Rev . 12/ 26/ 73 ) A- D NRNR NR ( Rev . 12/ 26/ 73 ) E 20 20 40 R 10 20 40 I H 10 20 40 MH 10 20 40 T 5 20 40 I B NR 20 40 C NR20 40 I NR 20 NR ' S 10 20 40 C-0 50 50 40 ( Rev . 8/ 12/70 ) A- P NA NA See Airport Zone Map I NR No requirement I ( 1 ) The minimum side yard along a street on a corner lot shall be the same as the front setback requirement for such zone . ( 2 ) The minimum rear yard may be measured to the centerline of an alley where an alley abuts the rear lot line . I ( 3 ) Airport - Zone District Map must be checked for further height restrictions . ' NA Not applicable I I I I ,�aa 986 I 1708027 SIGNS 11-32 2R ' SECTION IV I Signs shall be permitted in the various zoning districts I according to the following regulations : 4 . 1 Signs in the E , R , H and MH Districts I ( 1 ) One identification sign per principal use subject to the following : A . iF and 2F 2 sq . ft . Q . MF and MH Park 16 sq . ft . C . Public and semi - public uses 32 sq . ft . I ( 1 sign for each street frontage ) ( 2 ) Lighting of signs shall be by indirect illumination only . I ( 3 ) " For Sale " signs for individual homes or subdivisions may be erected for a period not to exceed one year subject to renewal by the Planning Commission upon I request . Such signs shall not exceed 32 sq . ft . in area per face . 4 . 2 Signs in the A- I and A=D Districts ( Rev . 12/26/73 ) ( 1 ) All signs permitted in Section 4 . 1 subject to the regulations specified . I ( 2 ) One identification sign per principal use , provided the sign does not exceed 16 sq . ft . in area per face . ( 3 ) Off- site directional signs subject to the following I definition and conditions : A . Directional signs are signs situated on other premises than those upon which the goods , services I or functions being advertised are located and giving guidance as to where , how distant , and the type of goods , services or functions which may be I obtained . D . Such signs shall relate only to a service or pro - duct primarily available for the highway user I ( such as food , lodging , gas , repairs or enter- tainment ) and available within one mile of a highway exit or in a community through which the highway passes . I C . Maximum area per face 150 sq . ft . D . Maximum height 30 ft . E . Minimum setback from the right-of-way 50 ft . F . Minimum spacing between signs . . . . 50 ft . G . Such signs shall not be located within 2 , 000 ft . of an exit or entrance road on a limited access Ihighway . bOrit I 786 1'708027 SIGNS r1r) -33 29 I H . Such signs shall not be permitted within 300 ft . of an intersecting road , scenic or historic point , public park , playground or rest area . I . Such signs shall not exceed two in any one ap- proach direction for a given use or service . I4 . 3 Signs in the T and S Districts I ( 1 ) All signs permitted in Section 4 . 1 subject to the regulations specified . ( 2 ) One identification sign per principal use for each I street adjacent to the property subject to the following : A . Maximum area per face 60 ft . I B . Maximum heights 30 ft . C . Minimum setback from right-of-way . 25 ft . I ( 3 ) All lighting shall be by indirect illumination . 4 . 4 Sins in the B , C and I Districts 1 ( 1 ) All signs permitted in Section 4 . 1 subject to the regulations specified . ( 2 ) Off- site directional signs and advertising signs and Ibillboards subject to the following : A . Maximum area per face 300 sq . ft . I B . Maximum height . 40 ft . C . Minimum setback from the right -of-way 25 ft . D . Minimum spacing None I ( 3 ) Identification signs shall be permitted as accessory uses according to the following : A . Maximum number per principal area . . 2 B . Maximum area per face 150 sq . ft . C . Maximum height when adjacent to I interstate interchanges 45 ft . D . Minimum setback from the right-of-way 15 ft . E . When attached to a wall but not above the roof line , there is no limitation on a sign used entirely for identification purposes . 4 . 5 General Sign Requirements I ( 1 ) The following signs shall be prohibited in all districts : I A . Mechanical or electrical appurtenances , such as " revolving beacons " which are obviously designed just to compel attention . I ' 0"Lx'78 6 1'708027 SIGNS 30 91-34 4 . 5 General Sign Requirements ( Continued ) B . Flashing red , green or amber signs located within 500 feet of an intersection . C . Any sign located so as to conflict with the clear and obvious appearance of public devices con- trolling public traffic . ( 2 ) All signs erected in a public right of way by a public agency controlling or directing traffic and private signs used exclusively to direct automobile traffic on private property shall be exempt from the provisions of this Ordinance . ( 3 ) An annual permit for all permitted signs shall be ob- tained in the Weld County Planning Office during the ' month of June . 1 1 1 1 ao� 786 1708027 11-35 PARKING REQUIREMENTS 31 SECTION V 5 . 2 Description of Spaces Each off-street parking space shall be not less than 10 feet wide and 20 feet long ; shall be provided with vehicu - lar access to a street or alley ; shall be surfaced with gravel , asphalt , concrete or equivalent : shall he properly drained ; and shall be located within convenient walking distance of the principal building for which the parking space is required . ' 5 . 3 Reduction No part of an off-street parking space required for any building or use for the purpose of complying with the provisions of this resolution shall be included as a part of an off-street parking space similarly required for another building or use . 1 1 ,r /? 1/08021 S U P P L M E N T A R Y R E , U I_ A T I O N S 32_ I SECTION VI 6 . 1 Uses Permitted ( 1 ) General - In any zoning district where a building , structure or use is enumerated , any other building , structure or use which is similar to those enumerated and no more obnoxious or detrimental to the area in which it is located , shall be permitted . ( 2 ) Mobile Homes (A ) Mobile homes shall be permitted in the MH , Mobile Home District as a Use by Right subject to the provisions of the MH , Mobile Home District . ( B ) Mobile homes shall be permitted in the A- I , Agricultur- al District and in the A- D , Agricultural District as an accessory use on a farm provided there is not more than one such mobile home per farm and that the mobile home is occupied by persons employed on the farm and their families . ( Rev . 12/ 26/ 73 ) ( C ) Mobile homes shall he permitted in the A- I , Agricultur- al District and in the A -D , Agricultural District as a principal use provided such mobile homes meet all conditions of the 'weld County Building Code ( except that wall heights may he less than required by the County Building Code ) and further provided that each mobile home is first approved as a use by special re- view of the County Planning Commission . ( Rev . 12/ 26/ 73 ) ( D ) In the A- I , Agricultural District and in the A-D , Agri - cultural District a mobile home may be occupied as a temporary use during the construction of a residence on the same lot subject to the following_ special con- ditions : ( Rev . 12/ 26/ 73 ) 1 . Before a temporary permit is issued for the mobile home , a building permit shall be obtained for con- struction of a permanent dwelling on the same lot . 2 . Construction of the permanent dwelling shall be commenced within 90 days of issuance of the tempo- rary permit for the mobile home and shall be dili - gently pursued . 3 . The temporary permit for occupancy of the mobile home shall he valid for a period of six months subject to renewal . 4 . The temporary permit shall be issued by the Board of County Commissioners or its authorized repre- sentative subject to such fees as may be es - tablished by the Board of County Commissioners . ( E ) Mobile homes shall he permitted as an accessory use limited to one mobile home per lot in any B , Business District , C , Commercial District , or I , Industrial District where a mobile home is needed to house an employee on the property for purposes of protection or control of the principal use of the lot . SUPPLEMENTABY R E S U L P T i p S 33 6 . 1 ( 3 ) Open Mining ( Rev . 6/ 23/ 75 ) 170802 IBefore a special use permit for the location of an open mining -29-39 operation , asphalt plant or batch plant ( concrete ) is issued , the Planning Commission and Board of County Commissioners shall determine through public hearings , that the following plans , I maps , methods and studies , which shall accompany the application for such permit , provide adequate protection of the health , safety and welfare of the inhabitants of the area and the County . ' A . Application - Any operator desiring such a permit shall file an application in such a form as prescribed by the Weld County I Planning Commission . The application shall contain the follow- ing information . 1 . A certified boundary survey of the oronerty for which I application is made , including a complete and accurate legal description of the parcel in question . Such legal description must he anproved by the County I Attorney prior to scheduling of the application for hearing . 2 . The fee owner or owners of the surface of the area to be mined . 3 . The fee owner or owners of the substance to he mined . 4 . The source of the applicants ' legal right to enter and to open mine on the land affected by the permit . I 5 . The address of the general office and the local address or addresses of the applicant . 6 . Whether the applicant or any affiliated person holds or I has held any other permits for open cut mining and an identification of such permits . 7 . A detailed description of the method of operation . Such description shall include : Ia . The types and numbers of operating and processing equipment to be employed . I b . The number of shifts to be worked and the maximum number of employees . c . Whether the operation will involve a wet or dry pit . I d . County roads and bridges to be utilized . e . The size of the area and stages to be worked at any one time . F . A time table giving the periods of time which will he I required for the various stages of the oneration . g . The depth and thickness of the mineral deposit to be mined and the thickness of overburden to be removed . I h . The proposed use of reclaimed lands and an explana - tion of the reclamation process . i . The source of technical advice in that type of recla - mation for open cut mining land . j . Any other information determined to he necessary by the Board of County Commissioners or their authorized representative to insure the protection of the health , safety and welfare of the inhabitants of Weld County . I I w „„i, 1708027 SUPPLEMENTARY REGULATIONS '72 3g 34 E . Fee Schedule - All applications for open -mining operations ' shall be accompanied by a fee in an amount determined by the following schedule . ' Operation Size Fee ' 5 acres or less $25 . 00 per acre or por- tion thereof . Greater than 5 acres Sl ?5 . 00 plus $5 . 00 per acre or portion there- of in excess of 5 acres . ' C . Drawing Requirements - All applications shall be accompan - ied by the following maps which shall be delineated in drawing ink on mvlar or other drafting media approved by the Planner in the following size : twenty-four ( 24 ) inches by thirty-six ( 36 ) inches . The maps shall be pre- pared and certification made as to their accuracy by a registered professional engineer licensed to do such work by the State of Colorado . 1 . Vicinity Map - The vicinity map shall be prepared at a 1 " = 600 ' scale and show the following information within a one-half ( 1 ) mile distance of the proposed operation . a . Perimeter outline of the parcel ( s ) of land to be involved in the operation . b . Adjacent mining operations . c . Fee owners of adjacent surface lands . d . All residences within one- half ( '2 ) mile of the proposed operation . e . The name and location of all roads , bridges , irri - gation ditches , oil and gas wells and lines , utility lines and streams or other bodies of water within the scope of the map . f . The general type , thickness and distribution of soil over the parcel under consideration . Soil types shall he noted in the legend and include ' their suitability for agricultural use , as well as use ( s ) proposed in the reclamation plan . g . Section , Township and Range . h . Accesses to area . i . Title , scale , and north arrow . j . Date - to include revision dates if applicable . 2 . Fxtrartion Plan Map - The Extraction Plan Map ; hall he Prepared at a 1 " ! 00 ' scale and shall include the 1 I 786 1'7C802'7 SUPPLEMENTARY RECULATIDNS rn-3 35 parcel in question , as well as features within 500 feet of the parcel boundaries . The scale of the map may be reduced to 1 " - 200 ' or 1 " = 300 ' upon approval by the Planner . The Extraction Plan Map shall display the following information . a . A certified boundary survey of the property for which application is made . Bearings and distances of all perimeter boundary lines shall be indicated outside the boundary line . b . The topography of the area at five ( 5 ) foot con- tour intervals or at intervals as determined by the Board of County Commissioners or its authorized representative . c . The name and location of all streams , including normally dry streams , ponds or other bodies of water , existing and proposed structures and land - scape features . d . The size and location of proposed pit areas . e . The phases of the operation . The legend will in- clude the times required for each phase of the operation . f . The location of all proposed operating structures , parking areas , ingress and egress , stockpile areas , and circulation routes . Equipment which will be moved as operations proceed , such as portable crushing and screening plants , do not need to be located on the map , but should be noted in the legend . g . The legend shall include a complete and accurate legal description as prescribed by the application form . The description shall include the total acreage of the surveyed parcel . h . Certificates ( 1 ) Surveying Certificate ( 2 ) Certificate of Responsibility ( 3 ) Planning Commission Certificate ( 4 ) Certificate of Approval by the Board of County Commissioners ( 5 ) Recorder ' s Certificate i . Title , scale , and north arrow. j . Date - to show revision dates if applicable . k . Extraction Standards . 1 . Such additional information as may be required by the Board of County Commissioners to satis - factorily explain the general requirements for the type of operation anticipated . • ■ w" 986 1708027 1 �� y SUPPLEMENTARY P P L E M E N T ,A R Y REGULATIONS G U L A T I O N S 36 3 . Reclamation Plan Map - The Reclamation Plan Map shall be prepared at a 1 " = 100 ' scale and shall show the parcel in question , as well as features within 500 feet of the parcel . The scale of the map may he reduced to 1 " = 200 ' or 1 " = 300 ' upon approval by the Planner . The Reclama- tion Plan Map shall display the following information : a . A certified boundary survey of the property for which application is made . Bearings and distances of all perimeter boundary lines shall be indicated on each boundary line . b . The topography of the proposed area at 2 ' contour intervals or at intervals as determined by the Board of County Commissioners or its authorized representa - tive . c . The name and location of all streams , ponds or other bodies of water , structures , circulation routes and landscape features which will remain or are proposed on the site . d . Accesses to area . e . Reclamation Standards f . The legend will note the source of technical advice in developing the reclamation plan . g . The legend shall include a complete and accurate legal description as prescribed by the application form . The description shall include the total acreage of the surveyed parcel . h . Certificates ( 1 ) Surveying Certificates ( 2 ) Certificate of Responsibility ( 3 ) Planning Commission Certificate ' (4 ) Certificate of Approval by the Board of County Commissioners ( 5 ) Recorder ' s Certificate ti . Title , scale and north arrow . j . Date - To show revision date if applicable . k . Such additional information as may be reouired by the Board of County Commissioners to explain satisfactorily all general requirements for the type of reclamation chosen . I I 1 I p�* 86/ 17C8027 '77-41 SUPPLEMENTARY REGULATIONS 37 D . Supporting Documents - The following documents or any other similar documents shall be submitted by appli - cant if deemed necessary by the Board of County Commis- ' sioners or their duly authorized representative for the protection of the health , safety and welfare of the in- habitants of Weld County . 1 . Water augmentation plan . 2 . Cross sections of drainage structures (culverts for access to County roads , interior haul roads crossing water forms , check dams constructed for water control of ponding or stream channeling ) . 3 . Profile and typical cross section of haul roads . 4 . Safety improvements plan . 5 . Environmental impact statements . E . Operations Standards 1 . No excavation or processing of sand and gravel shall 1 be permitted nearer than 10 feet to the boundary of adjacent property , easement or irrigation ditch or right-of-way , nor nearer than 125 feet to any exist- ing residence , unless by written agreement to the owner or owners of such adjacent property consent to a lesser distance and the Planning Commission ap- proves such lesser distance . The Planning Commission may set a greater distance than mentioned above when , in their opinion , it is justified . 2 . All sand and gravel operations shall be conducted during the hours of daylight except in the case of public or private emergency , or to make necessary repairs to equipment . This restriction shall not apply to operation of administrative and executive offices or repair facilities located on the property . 3 . Weeds and any other unsightly or noxious vegetation shall be cut or trimmed as may be necessary to pre- serve a reasonably neat appearance and to prevent seeding on adjoining property . 4 . Existing trees and ground cover along public road frontage and drainageways shall be preserved , main- tained and supplemented if necessary , for the depth of the setback in order to protect against and/or reduce noise , dust and erosion . 5 . In-so-far as practicable , all means of access to the property from any street shall be located and design- ed as to avoid the routing of vehicles to and from the property over streets that primarily serve resi - dential development . I °°°` 786 1708027 01-y SUPPLEMENTARY REGULATIONS 38 6 . All access roads from sand and gravel operations to I public highways , roads , or streets , or to adjoining residential structures , shall be paved or otherwise treated to minimize dust conditions on all parts of such access roads which are located within one- I fourth mile of the public highway , road , street , or adjoining residential structure . 7 . Prior to starting excavation in certain specific in- I stances , as first determined by individual investi - gation by the Board of County Commissioners or their duly authorized representatives , where excavations I are considered hazardous or otherwise harmful to nearby residents or to their property , the Board of County Commissioners may require the excavations to be fenced or that some other action be taken on the I part of an operator in order to minimize the hazard- ous situation . Chain link fencing to keep out young children , three strand barb wire to keep out live- I stock , acceleration/deceleration lanes to facilitate the safe/smooth flow of traffic , and water augmen- tation to compensate for water losses caused by evaporation are examples of actions which may be re- illquired by the County Commissioners . 8 . Where topsoil is removed , sufficient arable soil shall be set aside , for respreading over the excavated I area . 9 . Rock crushers and concrete and asphalt mixing plants may be allowed . However , the Planning Commission or I Board of County Commissioners may set out additional conditions under which these operations may be per- mitted ; and said conditions may vary by location due to abutting land uses . 10 . Insurance - The operator shall furnish evidence he is insured to the extent of not less than $100, 000 . 00 against liability for any negligent act or omission I by the operator from the operation or maintenance of the sand and gravel pit and the extraction and pro- duction of sand and gravel and all activities con- ill netted with or incidental thereto . F . Reclamation Standards I 1 . Upon the completion of operations , the land shall be left in a safe condition . Sufficient drainage shall be provided so as to prevent water pockets or undue U erosion . Grading shall be accomplished in such a manner that storm water leaves the property at the original , natural drainage points . Run-off at any I one such point shall not normally be increased over historic flows . Increases over historic flows shall be allowed only when it is shown that the increased flows will not adversely impact uses or lands affect- ed by such flows . Trees , shrubs , legumes , grasses , or other ground cover shall be replaced in order to w.J-L 786 SUPPLEMENTARY REGULATIONS 39 I avoid erosion in-so-far as is practicable . 1708029 2 . All excavated areas shall finally be graded in ^1 - y 3 I substantial conformity to the use of the land pro- posed in the reclamation plan . Ridges , banks and mounds shall be graded so as to minimize erosion . II In no event shall a slope of more than 2 : 1 be left when operations are complete . In addition , ridges and peaks shall be struck off to a width of not less I than fifteen feet at the top . 3 . Earth dams shall be constructed in final cuts of all operations , where practical , if necessary to impound water , if the formation of such impoundments will not interfere with mining operations or damage ad- I joining property . 4 . Acid forming material in the exposed face of a min- . seam that has not been mined shall be covered with earth or spoil material to a depth which will protect the drainage systems from pollution , unless I covered with water to a depth of not less than four feet . ; . All refuse shall be disposed of in a manner that will control stream pollution , unsightliness , or deletrious I effects from such refuse , and water from the mining operation shall be diverted in a manner designed to control siltation , erosion , or other damage to streams 1 and natural water courses . 6 . Excavations made to a water-producing depth and which will not be refilled must leave a minimum water depth I of at least five feet measured from low water mark . 7 . All graded or backfilled areas shall be covered with topsoil to a minimum depth of six inches , except that I no greater depth of topsoil shall be required than that originally existing on the property prior to commencement of operations . The property shall be graded so that stagnant water will not be permitted II to collect thereon . G . Cancellation of permit - The Board of County Commissioners I shall have the power to cancel permits for violation of any of these regulations or conditions imposed by said Board . The Board of County Commissioners shall cause to be served written notice upon the permittee at the add- I ress contained in the permit setting out a clear and con- cise statement of the violations , and directing the per- mittee to correct such violation within thirty days . If I the violations have not been corrected , then the Board of County Commissioners shall direct the permittee to appear at a time certain before the Board of County Commissioners , not less than ten days nor more than thirty days after the I date of service notice . The Board of County Commissioners shall hold a hearing to determine the nature and extent of the alleged violation and shall have the power , upon good cause being shown , to cancel or revoke the permit hereto- I fore issued to the permittee , to require the County or its agents to enter upon the premises and to take the correct- ive measures required by the Board of County Commissioners ; the cost to be assessed against the permittee and his sureties . 1 „ , 786 1908027 ?1- ,! 4 1 S U P P L4E M E N T A R Y REGULATIONS 40 1 6 . 1 ( 4 ) Cattle Feedlots and the Raising of Rabbits , Sheep , Swine and Other Animals for Commercial Use . I A . Commercial feed yards shall be located at least 2 , 640 feet from any public place of assembly ; and from anv E , R , H , MH , T , B or S zone district or subdivision ; I and at least 660 feet from any existing residence on another lot without the written approval of the fee owner of said residence . I B . Commercial feed yards shall be located at least 50 feet from any State or Federal highway right-of-way , subject to review by the Colorado Department of Highways . C . Manures shall be handled and disposed of in a sanitary I manner , approved by the Weld County Health Department . D . Suitable chemical and scientific controls shall be pro- vided for rodent and insect control . I E . Concrete or other suitable aprons adjacent to the per- manently affixed feed bunks , water tanks and feeding devices shall be provided . F . Adequate mechanical means for scraping , grading and clean- I ing of area shall be provided at all times ; and scraping , grading and cleaning of the area will be accomplished as approved by the Weld County Health Department . I G . Drainage facilities or improvements shall be construct- ed to protect any adjacent rivers , streams or other bodies of water from pollution , as approved by the ' Weld County Health Department . 6 . 1 ( 5 ) Fertilizer (Organic ) Storage and Sale , Where the Fertilizer Iis Stored for Longer than One Year . A . Such use shall be located at least 2 , 640 feet from any I public place of assembly , and from any residential zone district or subdivision , and at least 660 feet from any existing residence on another lot without the written approval of the fee owner of said residence . I B . Storage of fertilizer shall not be permitted closer than 300 feet to any public right-of-way or lot line . C . Rodents and insects shall be controlled in accordance I with standards set by the Weld County Health Department . D . Upon termination of permit , all fertilizer shall be removed . $ 6 . 1 ( 6 ) Outdoor Shooting Ranges , Subject to Conditions Set Forth Below. 1 A . Special permit to operate an outdoor shooting range may be issued for a period up to five years . I I P a„ 1 786 1 '708077 n" 7 �3 I I SUPPLEMENTARY REGULATIONS 41 ' B . Application for a permit to operate an outdoor shooting range shall be accompanied by the following informa - tion : 1 . Topography at two-foot intervals . 2 . Plan of range with supporting data on safety factors . ' C . The following minimum standards shall apply to all outdoor shooting ranges : 1 1 . Minimum land requirements shall be set by the Planning Commission for each application . 2 . Shooting ranges shall , when possible , be located ' to take advantage of natural terrain barriers . The entire range ( including danger area if range is not of the " Safety Range" type ) shall be fenced and warning signs posted every 200 feet . 3 . Line of fire shall be as nearly horizontal as is practicable and never below horizontal . Ranges may be constructed so that the firing point is below the target , provided the gradient between the firing point and target does not exceed 2% . 4 . Perimeter of range shall be landscaped to pro- vide natural noise barriers . The remainder of the range shall be planted and maintained with ' grass or other suitable ground cover . 5 . If the shooting range is used by more than four (4 ) individuals on a regular basis , shoot- ing shall be supervised by a range officer or ' instructor qualified by the National Rifle Association or military service or other similar training . 1 6 . In addition to firing lines or Fields , adequate space for danger areas , parking , equipment , storage building , clubhouse and/or latrines shall be I provided . D , Provisions for pistol , small -bore and high-caliber Rifle Ranges . 1 1 . " Safety Range" requirement . If range is constructed in a built-up area , or when area is developed , or when natural terrain does not offer adequate pro- tection , overhead safety baffles may be required . I r r 786 1708027 `-72-4L 42 SUPPLEMENTARY REGULATIONS 2 . Firing points shall be four to five feet apart for shooting distances up to 200 yards . 3 . Rifle or pistol ranges shall not be permitted with- out bullet stops . Natural or artificial bullet stops shall be provided . a . Natural bullet stops . Only slopes of hills shall be used for natural bullet stops . The crest of the hill used for a bullet stop shall be at least 30 feet above the level of the firing point for a 100-yard range . 4n ' additional ten feet of hill shall be provided for each additional 100 yards of range . The slope of the hill shall not be less than two to one . A vertical cut shall be taken out of the face of the hillside used for a backstop to provide a nearly perpendicular face to catch bullets and prevent richochets . ' b . Artificial bullet stops . For up to a 300- yard range , an earth embankment at least 25 feet in height , well sodded to retain slope of 350 from perpendicular and topped by an earth-filled timber barricade at least 15 feet high , shall be provided . Stones shall be removed from the face of the embankment 1 to a depth of 18 inches . For each additional 100 yards of range , ten feet in overall height of the bullet stop shall be added . 1 Bullet stop shall extend approximately 160 feet beyond the ends of the target line for high-caliber ranges ; 25 feet for small - bore rifle and pistol ranges . E . Provisions for trap and skeet fields . ' 1 . A 100 by 300-yard danger zone shall be provided for trap fields . 2 . A 300 by 600-yard danger zone shall be provided for skeet fields . 3 . Trap and skeet fields may be combined (traps lay- out super- imposed on skeet field ) where 300 by 600- yard zone shall be required . 4 . The trap field layout shall meet the requirements of the American Trap Association . 5 . The skeet field layout shall meet the requirements of the National Skeet Shooting Association . 6 . 1 ( 7 ) Poultry_ Production : Chickens , Ducks , Geese , Turkeys 1 1 I 786 1708021 172-y-1 SUPPLEMENTARY REGULATIONS 43 A . Commercial poultry operations shall be located at least I 2 , 640 feet from any public place of assembly , and any E , R , H , MH , T , B or S zone district or subdivision ; and at least 660 feet from any existing residence on another lot without the written approval of the fee I owner of said residence . B . Commercial poultry operations shall be located at least 50 feet from any State or Federal highway right-of-way I subject to review by the Colorado Department of High- ways . C . Manures shall be handled and disposed of in a sanitary I manner approved by the Weld County Health Department , without creating public health hazard or nuisance . D . Chemical and scientific controls shall be provided for rodent and insect control . I E . Drainage facilities or improvements shall be con- structed to protect any adjacent rivers , streams or other bodies of water from pollution . ( Rev . 12/26/ 73 ) I6 . 1 ( 8 ) Sanitary Land Fill ( Solid Waste Disposal Sites ) - Applicants for Certificates of Designation for solid waste disposal sites shall supply copies of the information supplied to I the State Health Department as required by " Solid Waste Disposal Sites and Facilities " Chapter 35 , Article 23 - C . R . S . 1963 ( Volume II ) amended 1971 by Senate Bill 132 , Ieffective date July 1 , 1971 . ( Rev . 12/ 26/ 73 ) 6 . 1 ( 9 ) Sewage Systems : Pumping Stations , Sludge Drying Beds , I Treatment Plants , Lagoons - Applicants for site approval shall submit copies of the information supplied to the State Health Department . ( Rev . 12/ 26/ 73 ) I 6 . 1 ( 10 ) Dog Kennels A. Dog kennels shall be located at least 2 , 640 feet from I any public place of assembly , and from any E , R , H , MH , T , B or S zone district or subdivision ; and at least 660 feet from any existing residence on another lot without the written approval of the fee owner of said residence . B . Manures shall be handled and disposed of in a sanitary manner approved by the Weld County Health Department . I W . Suitable chemical and scientific controls shall be pro- vided for rodent and insect control . D . Drainage facilities or improvements shall be con- structed to protect any adjacent rivers , streams or other bodies of water . ( Rev . 12/ 26/ 73 ) I I I > 786 1708027 (19-a9. SUPPLEMENTARY REGULATIONS 44 6 . 2 Minimum Lot Area and Minimum Lot Width 1 ( 1 ) Established Lots - Where an individual lot was held in separate ownership from adjoining properties , or was platted and recorded at the time of passage of this Resolution , or at the time of passage of any amendment to the Resolution or required by such amendment , such a lot may be occupied according to the permitted uses provided for the district in which such lot is located . ( 2 ) Reduction - No part of an area or width required for 1 a lot for the purpose of complying with the provisions of this Resolution shall be included as an area or width required for another building . 6 . 3 Minimum Yards ( 1 ) Reduction - No part of a yard required for any building ' for the purpose of complying with the provisions of this Resolution shall be included as a yard for another building , and all yards shall be open and unobstructed except as otherwise provided herein . 1 r t 1 i """'''786 17C 002' S U P P L E M E N T A R Y REGULATIONS q1 iiy 45 2 . Architectural Features : Cornices , canopies , eaves or similar architectural features may extend into a re - quired yard not more than 2 feet . 3 . Porches : Open , unenclosed , uncovered porches at ground level may extend into a required yard not more than 6 feet . 4 . Fire escapes : Fire escapes may extend into a required I yard not more than 6 feet . 6 . Accessory building : Permitted accessory buildings may be located in the rear yard for a principal building . I 6 . Reversed corner lots : The side yard along the street side of a reversed corner lot shall be not less than the required front yard for principal buildings along such a side street .I 6 . 4 Maximum Height of Buildings 1 . Special exceptions : The height limitations of this Resolution shall not apply to church spires , belfries , cupolas , penthouses , or 'domes not used for human oc - cupancy , nor to chimneys , ventilators , skylights , water tanks , silos , parapet walls , cornices without windows , antennas , or necessary mechanical appurten - ances usually carried above the roof level . ' 6 . 5 Special Areas Subject to Flooding i For the purpose of the Resolution , there are hereby es - tablished "Flood Plain Areas " as shown on the Zoning Dis - trict maps of Weld County within which the following res - 1 trictions shall apply : 1 . No dwelling , mobile home , school , church or other place of assembly shall be permitted ; I 2 . No storage of materials which could be moved by flood waters shall be permitted unless the materials are secured adequately to prevent their being moved down- ' stream during periods of flooding ; 3 . No dumping of debris which might be moved downstream during periods of flooding shall be permitted ; and ' 4 . Accessory buildings or other structures located in areas subject to flooding shall be constructed only after hav- ing been approved by the Weld County Planning Commission , which shall first be assured that such buildings or other I structures will not impede the flow of water during periods of intense flooding . I 6 . 6 Unit Developments Urit developments may be permitted in all zone districts sub- ject in each instance to being shown on a plan as defined , Iprocessed and approved as follows : ( Rev . 10/7/70 ) 1i A unit development shall be defined as a project which Iis controlled by one owner , corporation or agency , or "' 186 V7C8®+'7 SUPPLEMENTARY REGULATIONS R-1- 046 1 the subject of an application filed jointly by the owners of the property to be included , which is located on at least 5 acres of land , including useable open I spaces for the mutual benefit of the entire tract , and which is planned to provide variety and diversity so that maximum long-range benefits of unique site design can be achieved while still protecting the surround - ing areas . ( Rev . 10/ 7/ 70 ) 2 . Normal Zoning standards for "minimum setback , " "mini - , mum lot area , " "minimum lot width , " "minimum side yards , " "minimum rear yards , " "maximum height of buildings , " may vary as specified on the unit development plan . 3 . An application for a Unit Development shall contain the following information : 1 Proposed name of the area ; Total acreage ; A site plan showing the proposed location and dimensions of all structures ; Land to be retained as functional open space , the purpose for which it is to be used , and an explana - ' tion of how such open space will be preserved and maintained ; A. circulation plan for vehicles and pedestrians ; Uses to be developed in the area , and the proposed density of development ; A legal description of the property ; The proposed construction schedule ; Landscaping proposals ; and Such additional information as may be requested by the County Planning Commission and by the Board of ' County Commissioners in order to justify granting the Unit Development . 4 . Unit Developments shall have : A maximum density not to exceed 12 dwelling units per acre ; and A minimum amount of useable open space ( exclusive of parking and streets ) of not less than 25 percent of the total acreage shall be required in the E , R , and H zone districts . ( Rev . 10/ 7/ 70 ) 5 . Review procedure . . . . before a building permit is granted for a structure which is part of a unit de - velopment plan , a general plan for the entire unit development shall be approved by the County Planning Commission and the Board of County Commissioners who shall be guided in their review by the intent of this Zoning Resolution , by the unique conditions of the land involved , and by the County wide need for such develop- ments . Following such official approval , the official 1 1708027 SUPPLEMENTARY REGULATIONS 47 ""5‘ ' unit development plan shall he recorded in the files of the Board of County Commissioners , and the County Clerk and Recorder ' s office . Proposed amendments to the official Unit Development Plan shall be processed in a similar manner . ( Rev . 10/ 7/70 ) 1 1 1 I I 1 1 1 786 17€8027 TR 59- SUPPLEMENTARY REGULATIONS 48 6 . 7 Temporary Assemblages ' ( 1 ) Intent I (a ) It is the purpose of this section of the Weld County Zoning Resolution to regulate the assemblage of large numbers of people , so as to provide a mini - mum level of health , sanitary , fire , police , trans - portation and utility services , to protect the health , safety and welfare of all persons in the county . ( b ) It is the intent of this resolution that all sections and provisions of this resolution have an independent existence , and , should any section or provision be declared invalid or unconstitutional by a court of competent jurisdiction , it is the in - tent of this Weld County body that any section or provision so declared shall be severable from and shall not effect the validity of the remainder of the resolution . 1 ( 2 ) Permit required ( a ) No person shall , on land that person owns , either ' directly or indirectly , or otherwise controls , by lease or otherwise , for any period of time , permit , maintain , promote , conduct , advertise , act as en- trepreneur , organize , manage or sell or give tickets to an actual , or reasonably anticipated assembly of five hundred ( 500 ) or more people which continues ' or can reasonably be expected to continue for five ( 5 ) or more consecutive hours , whether on public or private property , unless a permit to hold such an assembly has first been issued by the Board of ' County Commissioners of Weld County . A permit ap- proved by said Board of County Commissioners to hold an assembly , shall allow the applicant and its ' agents , employees and assigns to engage in any law- ful activity in connection with the holding of the permitted assembly . Application for a permit to hold an assembly of 500 or more persons as hereto- fore described , must be made at least thirty ( 30 ) days in advance of the assembly . ( b ) As used in this resolution : ( 1 ) Person means any individual , partnership , corporation , firm , company , association , society or group . 78 6 1'7(802'7 SUPPLEMENTARY REGULATIONS 49 fr1 53 ' ( 2 ) Assembly means a company of persons gathered together at any location at any single time for any purpose . ( 3 ) Permits and regulations regarding the permits and permit fees are subject to the approval ' and discretion of the Commissioners . ( c ) A separate permit shall be required per day for each location at which 500 or more people assemble ' or can reasonably be anticipated to assemble ; the fee per day for each location shall be One Hundred Dollars ( $ 100 . 00 ) , payable to the County Clerk and ' Recorder upon issuance of the permit . ( d ) A permit shall allow the assembly of only the maxi - mum number of people stated in the permit . The ' person obtaining such a permit shall not sell tickets to nor permit to assemble at the permitted location more than the maximum permissible number ' of people . ( e ) The applicant ( permittee ) shall not allow the ' sound of the assembly to carry unreasonably beyond the boundaries of the location of said assembly . For the purposes of this resolution , sound created by the assembly which measures more than ninety ' ( 90 ) decibels beyond the boundaries of the place of assembly shall be presumed to be unreasonable . ' ( f ) This resolution shall not apply to any regularly established , permanent place of worship , stadium , athletic field , arena , auditorium , fairgrounds , ' coliseum , picnic or camping area , or other similar permanently established place of assembly , provided said places are being used for the established and normal use , which do not exceed by more than two ' hundred fifty ( 250 ) people the maximum seating capa - city of the structure where the assembly is held . ' ( g ) This resolution shall not apply to government sponsored affairs held on regularly established fairgrounds nor to assemblies required to be li - censed by other laws and regulations of Weld County . ' ( 3 Minimum conditions for issuance of a permit to hold an assembly of 500 or more people . Before a person may be ' issued a permit , the applicant shall first : ( a ) State the maximum number of people which will be assembled or admitted to the location of the as- sembly . In no case shall the number of people to be assembled or admitted to the location of the 986 1..71802' ' r (1 - 5-1 SUPPLEMENTARY REGULATIONS 50 assembly exceed the maximum number which can reasonably assemble within the boundaries of the location of the assembly . In determining the number of people to be allowed to assemble at the permit location , the nature of the assembly , size of the assembly , the size of the boundaries covered ' by the permit applied for , the health , water and sewerage facilities to be provided , traffic con - gestion which may occur at the permit location , the ' proximity of residences or other structures or land uses which may be adversely affected by such an as - sembly , as well as any other adverse affects on the health , safety and welfare of persons in Weld ' County , may be considered by the Weld County Plan - ning Commission , and the Board of County Commission - ers of Weld County . Where the assembly is to con - , tinue overnight , the maximum number of people to be permitted to assemble shall not exceed the number which can sleep within the boundaries of the location of the assembly in accordance with state and local health standards , and the Weld County Zoning Resolution . ' ( b ) Provide proof that the applicant has furnished or will furnish or cause to be furnished at the appli - cant ' s own expense before the assembly commences : ( 1 ) An adequate , safe , supply of potable water meeting requirements of Colorado Department of Health . Where water is not available under pressure , and non-water carriage toilets are used , potable water , meeting all federal and state requirements for purity , should be pro- , vided for bathing and drinking at the rate of at least three ( 3 ) gallons per person per day . Where water is distributed under pressure and ' flush toilets are used , the water supply sys - tem shall deliver water at normal operating pressures ( 20 pounds per square inch minimum ) to all fixtures at the rate of at least thirty 1 ( 30 ) gallons per person per day . ( 2 ) For males and females separate enclosed toilets , meeting all state and local specifications , conveniently located throughout the grounds , sufficient to provide healthful facilities for ' the maximum number of people to be assembled . There shall be a minimum of one ( 1 ) toilet for every one hundred ( 100 ) males and one ( 1 ) toi - let for every one hundred ( 100 ) females , to- ll with an efficient , sanitary means of disposing of waste matter deposited , which is iSJJ I 786 1"1G 80x'7 9i - 51) SUPPLEMENTARY REGULATIONS 51 Iin compliance with all state and local laws and regulations . There shall also be provided I a lavatory with running water under at least twenty ( 20 ) pounds pressure located at each medical facility . I ( 3 ) A sanitary method of disposing of solid waste , in compliance with state and local laws and regulations , sufficient to dispose of the solid I waste production of the maximum number of people to be assembled at the rate of at least 2 . 5 lbs . of solid waste per person per day , together with a plan for holding and a plan for collecting all I such waste at least once each day of the as - sembly and sufficient trash cans , the contents of which will be collected and properly dis- I posed of at least three ( 3 ) times each day , and personnel to perform these tasks and for cleaning the premises and immediate surrounding I properties within forty-eight ( 48 ) hours after an event . ( 4 ) A nurse licensed to practice in Colorado for I every one thousand ( 1 ,000 ) people , and two ( 2 ) persons trained in emergency medical tech- nology for the first five hundred ( 500 ) persons I and one for every 500 after that ; and at least one emergency ambulance available for use at all times . An enclosed structure where treat- ' ment may be rendered should be provided . ( 5 ) If the assembly is to continue during hours of darkness , illumination sufficient to light the I area of attention ( stage , actors , band , etc . ) shall be provided at the rate of at least five ( 5 ) foot-candles . Such illumination shall not I be allowed to shine or reflect unreasonably beyond the boundaries of the location of the assembly . I ( 6 ) A parking area sufficient to provide parking space for the maximum number of people to be assembled at the rate of at least one ( 1 ) I parking space for every four ( 4 ) persons with parking area provided at a rate of no more than one hundred forty-five ( 145 ) passenger ' cars or seventy-five ( 75 ) buses per acre . No flow of traffic on County roads is to be blocked or hindred so no cars or buses or bikes will be allowed to park along the side of or Iin the County roads . I '796 17C80L'7 ' 52 91-5 L SUPPLEMENTARY REGULATIONS I ( 7 ) Communication with hospital , police and fire services shall be provided and should be based I in the medical station . (8 ) If the assembly is to continue overnight , camping facilities in compliance with all I state and local requirements shall be provided for the maximum number of persons to attend the assembly . I ( 9 ) That there will be adequate security to stop any disturbances which might occur . As a I minimum requirement , the applicant shall pro- vide security guards at the rate of two ( 2 ) for every five hundred ( 500 ) persons attending the assembly to patrol the perimeter of the I assembly . For security within and among the assembled people at least five ( 5 ) security guards shall be provided , or in the alternative , I an adequate plan of peer group control may be used . All security guards shall be off duty peace officers or private guards licensed in Colorado . I ( 10 ) Fire protection services should be available if needed for the area . I ( 11 ) If electrical system ( s ) are not self-supporting , electrical system ( s ) installation and mainten- I ance shall comply with minimum County electri - cal standards . ( 12 ) A bond shall be filed with the Clerk of this I County , either in cash or underwritten by a surety company ( licensed to do business in Colorado ) determined by the Board of County I Commissioners to be reasonable in relation to the risks and hazards relating to the event : It shall indemnify and hold harmless this ' I county or any of its agents , officers , servants and employees from any liability or causes of action which might arise by reason of granting this permit , and from any cost incurred in I cleaning up any waste material produced or left by the assembly or any public liability and property damage caused due to the assembly . I The minimum bond required to be posted by the applicant before the permit can be approved shall be : I a $1 , 000 . 00 bond for 1 to 1 , 500 persons a $5 , 000 . 00 bond for 1 , 500 to 5 , 000 persons II 786 1708027 SUPPLEMENTARY REGULATIONS a $ 10 , 000 . 00 bond for 5 , 000 to 10 , 000 persons a $ 100 , 000 . 00 bond for more than 10 , 000 persons ( c ) Determine those factors necessary in the design and location of permanent or temporary facilities on the site , and in maintenance of the site , that will insure : ( 1 ) That trees , underbrush , large rocks and other natural features shall be left intact and un- disturbed whenever possible . ' ( 2 ) That natural vegetative cover shall be retained , protected and maintained so as to facilitate drainage , prevent erosion and to preserve scenic attributes . ' ( 3 ) That the site shall be maintained free from dust wherever possible . ( 4 ) Application ( a ) Application for a permit to hold an actual or anti - cipated assembly of five hundred ( 500 ) or more per- sons shall be made in writing to the Board of Weld County Commissioners at least thirty ( 30 ) days in ' advance of such assembly . ( b ) The application shall contain a statement made ' upon oath or affirmation that the statements con- tained therein are true and correct to the best of knowledge of the applicant and shall be signed and sworn to or affirmed by the individual making appli - cation in the case of an individual , by all officers in the case of a corporation , by all partners in the case of a partnership or by all officers of an unin- corporated association , society or group or , if there be no officer , by all members of such associ - ation , society or group . ' ( c ) The application shall contain and disclose : ( 1 ) The name , age , residence and mailing address ' of all persons required to sign the application by (4 ) ( b ) and , in the case of a corporation , a certified copy of the articles of incorporation ' and provide such further assurances as may be required by the Board of County Commissioners . ( 2 ) The address and legal description of all pro- perty upon which the assembly is to be held 1 786 i 'C8027 SUPPLEMENTARY REGULATIONS n1- 5CS 54 together with the name , residence and mailing address of the record owner ( s ) of all such ' property . ( 3 ) A notarized statement by the record owner ( s ) of all such property permitting an assembly of ' 500 or more persons . ( 4 ) The nature or purpose of the assembly . ( 5 ) The total dates of days and/or hours during which the assembly is to last . ' ( 6 ) The maximum number of persons which the appli - cant shall permit to assemble at any time , not to exceed the maximum number which can reasonably assemble at the location of the assembly , or the maximum number of persons allowed to sleep within the boundaries of ' the location of the assembly by the health standards of the County . ( 7 ) The maximum number of tickets to be sold , if ' any . (8 ) The plans of the applicant to limit the ' maximum number of people permitted to assemble . ( 9 ) The plans for supplying potable water including ' the source and amount available . ( 10 ) The plans for providing toilet and lavatory facilities including the source , number and ' location , type , and the means of disposing of waste deposited . ' ( 11 ) The plans for holding , collecting and dis - posing of solid waste material . ( 12 ) The plans to provide for medical facilities including the location and construction of a structure , the names and address and hours of availability of medical technologists and ' nurse ( s ) and provisions for emergency ambu- lance service . ' ( 13 ) The plans , if any , to illuminate the location of the assembly including the source and a- mount of power and the location of lamps . 1 1 ' 786 1'7a 8027 SUPPLEMENTARY REGULATIONS 97-561 , 59 55 ' ( 14 ) The plans for parking vehicles including size and location of lots , points of highway access and interior roads including routes between highway access and parking lots . ( 15 ) The plans for communication including the ' source , amount and location of communication equipment . ( 16 ) The plans for camping facilities , if any , in- cluding facilities available and their lo- cation . ( 17 ) The plans for fire protection . ( 18 ) The plans for security including the number of guards , their deployment , and their names , addresses , credentials and hours of avail - ability ; description of peer group control , if any . ' ( 19 ) The plans for sound control and sound ampli - fication , if any , including number , location and power of amplifiers and speakers . ( 20 ) If applicable : Meeting County health standards for plans for food concessions and concession- ers who will be allowed to operate on the grounds including the names and addresses of all concessioners and their license or permit numbers . ( 21 ) The plans , if any , for electrical systems . ' ( 22 ) The plans to insure that trees , underbrush , large rocks and other natural features shall be left intact and undisturbed whenever possi - ble ; that natural vegetative cover shall be retained , protected and maintained so as to facilitate drainage , prevent erosion and to preserve the scenic attributes ; and that the location of the site shall be maintained free from dust whenever possible . 1 ( 5 ) The application shall include the bond required in ( 3 ) ( b ) ( 12 ) , and the permit fee . ( 6 ) Review Procedures ( a ) Review by County Planning Commission ( 1 ) When an application has been received it shall be reviewed and acted upon by the Weld County 1 II o0 786 1768027 SUPPLEMENTARY REGULATIONS 5r, �7 bO IPlanning Commission at a regularly scheduled public meeting , within fifteen ( 15 ) days or I another mutually agreed upon period of time . The Planning Commission may require or recom- mend changes or modifications to the appli - I cation in the public interest . If the appli - I cation and all supplementary data comply with the applicable requirements of these regu- lations , the Planning Commission shall endorse Ion the application in the space provided . ( 2 ) Within three ( 3 ) days after review of the application , the Planning Commission shall I send written notification of its review to the Board of County Commissioners . Required and recommended modifications to the appli - I cation , if any , shall be noted on three ( 3 ) copies of the application ; one copy to be transmitted to the Board , one copy to be re- 1 tained in the Planning Commission files , and one copy to be transmitted to the applicant . ( b ) Public hearing before the Board of County Commission- I ers : The Board shall hold a hearing on the appli - cation within seven ( 7 ) days of receipt of trans- mittal from the Planning Commission at a regularly I scheduled public board meeting . The Board of County Commissioners may , by resolution , approve the application as presented , deny the application , 1 or approve the application subject to the applicant fulfilling reasonable conditions it may impose . In acting on the application the Board of County Com- missioners may consider all evidence including the I recommendation of the Planning Commission . If the Board determines that the application is to be ap- proved , or disapproved subject to the applicant ll fulfilling conditions placed on said approval , the Board shall so indicate including the noting of any conditions to be met and then endorsing the same . I ( 7 ) Issuance - The application for a permit shall be pro- cessed within twenty-five ( 25 ) days from the time of its receipt from the applicant and shall be issued if all Iconditions and requirements are met . (8) Revocation - The permit may be revoked by the Board of I County Commissioners of this County at any time if any of the conditions necessary for the issuing of or con- , tained in the license are not complied with , or if any condition previously met ceases to be met ; the bond may also be forfeited . I r 4O—i— 786 17c 8029 NON - CONFORMING USES AND BUILDINGS 57 SECTION VII Except as provided in this Section , the lawful use and location of any building or land existing at the time of enactment of this Resolution , or of any amendments to this Resolution , may be con - tinued even though such use or location does not conform to the requirements of this resolution . 7 . 1 Repairs and Maintenance 11 1 . Ordinary repairs and maintenance of a non-conforming building shall be permitted . 7 . 2 Restoration 1 . A non-conforming building which has been damaged by ' fire or other causes may be restored to its orioinal conditions , provided such work is commenced within one year of such calamity . 7 . 3 Abandonment 1 . Whenever a non -conforming use has been discontinued for a period of one year , such use shall not thereafter be reestablished , and any further use shall be in conformance with the provisions of this Resolution . 7 . 4 Change in Use 1 . A non -conforming use shall not be changed to a use 1 of lower , or less restrictive classification ; such non-conforming use may , however , be changed to another use of the same or higher classification . 7 . 5 Extension 1 . A non -conforming use shall not be extended . I I I I ?tits�; 786 1'a/0802'7 AMENDMENTS rn b25R SECTION VIII 8 . 1 General Procedure ' Amendments to this Resolution shall he in accordance with the laws of the State of Colorado which require the follow- ing action before adoption of any such amendments : 1 . Study and recommendation of the proposed amendment by ' the Weld County Planning Commission . 2 . Completion of a public hearing before the Board of County Commissioners after at least 30 days ' notice of the time and place of such hearing shall have been given by at least one publication in a newspaper of general circulation within the County . 8 . 2 Special Procedure Before submitting a report and recommendation of any pro- posed amendment to this Resolution , as required in No . 1 above , the County Planning Commission may hold a public hearing on the proposed amendment in which event the fol - lowing special conditions shall be required : 1 . A notice of said hearing shall be published once in a newspaper serving the general area of the amendment at least 7 days prior to the hearing date . 2 . For proposed amendments to the "Zoning Area Map " , the applicant shall submit a list of names and addresses of all owners within the area requesting rezoning and all property owners having property within 500 feet of the area requesting rezoning . The County Planning Commission shall send a written notice of said hearing at least seven ( 7 ) days prior to the hearing date to the property owners of most recent record within the area requesting rezoning and within 500 feet of the area proposed for rezoning . Failure to mail such notice to every property owner due to clerical omis - sion shall not affect the validity of any hearing or determination of the County Planning Commission . 3 . For proposed amendments to the "Zoning Area Map " , a fee shall be charged to cover the costs of advertis - ing and processing . For all other proposed amendments , a fee of $ 10 . 00 shall be charged to cover such costs . 4 . For proposed amendments to the "Zoning Area Map , " the County Planning Commission shall require the applicant 1 to post public notices on the property requesting re - zoning . In such cases , notices shall be posted at least 10 days prior to the hearing date . Such notices shall be readable from public roads adjacent to the area and shall contain the following information : 1 0OO' 19(8029 786 AMENDMENTS 97-O 59 II a . Rezoning request number • b . From zoning district to zoning district ; c . Date and place of public hearing ; d . Location and phone number of the public office where additional information can be obtained . 8 . 3 Reasons for Rezoning IIRequests for rezoning of tracts within Weld County should be supported by detailed and substantial evidence that such re - 1 zoning is necessary . Recent findings and oral statements by the petitioners should show very clearly that either the origi - nal zoning was faulty or that changing conditions in the area I now justify a new classification . Without the presentation of such supporting documentation , the County Planning Commis - sion should not recommend a change in zoning . ' The following arguments which are frequently presented are not sufficient grounds for rezoning : I 1 . "The area has no other practical use ; " 2 . "The proposed rezoning would allow the "highest and best use of the land " ; " 3 . "A non-conforming use is located on the property ; " 1 4 . "The area adjoins land already zoned in this manner ; " 5 . "No one in the neighborhood objects ; " 6 . " If the zoning is granted , we will agree to use it only li for certain purposes ; " 7 . "You haven ' t given us any reasons for not making the change . " IAlthough each of the preceding arguments has some validity , no one argument alone is sufficient grounds for rezoning . There must be definite proof that the area requested for 1 change has unique characteristics which distinguish it from surrounding lands and thus make its rezoning essential . Whenever a change is recommended , the Planning Commission 1 must assume that the most detrimental uses permitted in such zone might occur . Furthermore , once a change is made , the Planning Commission must recognize the precedent which is 1 established , both in the immediate area and in other parts of the County , for like rezoning of other lands "similarly situated . " Actions to rezone property simply because "it doesn ' t seem to make any difference " or "we think it will help I the County Tax base "may lead to serious problems . Zoning is a complicated legal process which must be administered impartially , in the best interests of the entire County , on I the basis of facts , not wishful thinking . 8 .4 Conditional Review 1 Rezoning request for an MH , T , B , C , I or S District shall be accompanied by a tentative site plan and a tentative time schedule for construction of the development . Within six I 1 -,OS(786 170802'7 T(,4 AMENDMENTS 50 ' months after rezoning to one of the above districts , the ' owner or his representative shall present a final site plan and final construction schedule to the County Planning Com- mission for their review and recommendations . Construction of the proposed buildings shall commence within twelve months • after the area has been rezoned . If construction does not proceed according to schedule , or within a six months exten - sion period which may , upon request , be granted by the County Commissioners , the County Planning Commission shall instigate action to rezone the district . I I 1 r I I I I I I 1 I ot- ' ej786 1'76=8027 '17-Lb B OARD OF ADJUSTMENT , VARIANCES 1 ISECTION IX IThe Board of Adjustment of the County of Weld shall have the fol - lowing functions and powers in respect to this Resolution . 9 . 1 Appeals to the Board of Adjustment 1 . Appeals to the Board of Adjustment may be taken by any person aggrieved by his inability to obtain a building per- mit , or by the decision of any administrative officer or agency based upon or made in the course of the admin- I istration or enforcement of the provisions of this re- solution . Appeals may be taken by any officer , depart- ment , Board or Bureau of the County affected by the I granting or refusal of a building permit or other deci - sion of any administrative office or agency based on or made in the course of the administration or enforcement of the provisions of this resolution . I2 . Appeals to the Board of Adjustment must be made in writ- ing and filed with the Board of Adjustment within 60 days Iof the act or failure to act or decision appealed from . 3 . Upon appeals the Board of Adjustment shall have the fol - I lowing powers : a . To hear and decide appeals where it is alleged by the appellant that there is error in any order , re- I quirement , decision or refusal made by an administra - tive official or agency based on or made in the en- forcement of this resolution . b . To hear and decide , in accordance with the provisions of this resolution as hereafter provided , requests for special exceptions or for interpretation of the zon- I ing map or for conditional use permits as provided in this resolution . c . Where by reason of exceptional narrowness , shallow- ness or shape of a specific piece of property at the I time of enactment of this resolution , or by reason of exceptional topographic conditions of such piece of property , the strict application of any regula - I tion enacted under this Resolution would result in peculiar and exceptional practical difficulties to , or exceptional and undue hardship upon , the owner of such property , a variance from such strict appli - I cation may be granted so as to relieve such diffi - culties or hardships ; provided , however , that such relief may be granted without substantial detriment I to the public good and without substantially impair- ing the intent and purpose of this zoning resolution ; and that there are exceptional circumstances apply- ing to the specific piece of property which do not II 986 $7€808 BOARD OF ADJUSTMENT , VARIANCES �� x('52 ' apply generally to the remaining property in the same zoning area or neighborhood . d . To permit the extension of a non -conforming use through - out a lot or any building thereon upon such terms and conditions as the Board of Adjustment shall deem just ' and proper ; provided , that such extension may be granted without substantial detriment to the public good and without substantially impairing the intent and pur- pose of this zoning resolution . 1 9 . 2 Procedure ' 1 . All meetings and hearings of the Board of Adjustment shall be open to the public . 2 . A notice of a hearing to be held by the Board of Adjust- 1 ment on all appeals presented to such Board shall be pub- lished once in a newspaper serving the general area of the request at least 7 days prior to the hearing date . 1 3 . Upon application for variances relating to the use re - quirements of this resolution , the Board of Adjustment , if it deems the same adviseable and practical , may send a written notice of said hearing by first class mail at least 7 days prior to the hearing date to owners of property within 500 feet of the property in question . 1 Mailing such notice shall be discretionary with the Board of Adjustment and failure to mail such notice shall not affect the validity of any hearing or deter- mination of the Board of Adjustment . 4 . Upon application for variances which do not relate to the use requirements of this resolution , the Board of Adjustment , if it deems the same advisable and practi - cal , may send a written notice of said hearing by first class mail at least 7 days prior to the hearing date to 1 owners of property adjacent to the property in question . Mailing such notice shall be discretionary with the Board of Adjustment and failure to mail such notice shall not affect the validity of any hearing or determination of the Board of Adjustment . ' 5''. For variances relating to the use requirement of this resolution , a fee of $25 . 00 shall be charged to cover the cost of advertising and processing . For all other vari - ance requests , a fee of 515 . 00 shall be charged to cover ' such costs . ( Rev . 8/ 12/70 ) . I I II '4386 1708029 cri-VI 63 INTERPRETATIO N , VALIDITY , ENFORCEMENT ISECTION X 1 10 . 1 Interpretation 1 1 . In their interpretation and application , the provisions of this resolution shall be held to be minimum require - ments adopted for the promotion of the public health , safety and welfare . Whenever the requirements of this I resolution are at variance with the requirements of any other lawfully adopted rules , regulations or resolutions , the more restrictive , or that imposing the higher stand- Iards shall govern . 10 . 2 Validity 1 1 . Should any section , clause or provisions of this resolu- tion be declared by a court of competent jurisdiction to be invalid , such decision shall not affect the validity I of this resolution as a whole or any part thereof , other than the part so declared to be invalid . 1 10 . 3 Enforcement 1 . It shall be unlawful to erect , construct , reconstruct , I alter or change the use of any building or other struc - ture within the zoned area in Weld County without obtain- ing a building permit from the Board of County Commis - sioners or its authorized representative , and the Board of County Commissioners or its authorized representative shall not issue any permit unless the plans of and for the proposed erection , construction , reconstruction , I alteration , or use fully conform to the zoning regula - tions then in effect . For all building permits required , a fee to be set by the Board of County Commissioners I shall be charged by Weld County , except that all con - struction with a total cost of less than $ 100 . 00 shall be exempt from paying a building permit fee . I I 1 11 i -,'"''786 17C 8027 Nl-b�S VIOLATIONS AND PENALTIES 54 SECTION XI 11 . 1 General It shall be unlawful to erect , construct , reconstruct , alter , maintain or use any building or structure or to use any land in violation of any provision of this zoning resolution , or any amendment thereof . Any person , firm or corporation , either as owner , lessee , occupant or otherwise , who violates any of the provisions of this Resolution , or any amendment thereof , of who interferes in any manner with any person in ' the performance of a right or duty granted or imposed upon him by the provisions of this resolution , shall be guilty of misdemeanor , and , upon conviction thereof , shall be fined not more than One Hundred Dollars ( $ 100 . 00 ) or imprisoned not more than ten ( 10 ) days , or both . Each day during which such violation shall continue shall be deemed to be a sepa- rate offense . 11 . 2 Legal Action In case any building or structure is , or is proposed to be erected , constructed , reconstructed , altered , maintained or used , or any land is proposed to be used , in violation of any provision of this Resolution , or any amendment thereof , the Board of County Commissioners of the County of Weld , the District Attorney in and for the County of Weld , or any owner of real estate within the zoned area , in addition to other ' remedies provided by law , may institute injuntion , mandamus , abatement or any other appropriate action or proceeding to prevent , enjoin , abate or remove such unlawful erection , construction , reconstruction , alteration , maintenance , or use . t 1 1 'x'786 1708027 DEFINITIONS 65 9 0 ' SECTION XII 12 . 1 General When not inconsistent with the content , words used in the present tense include the future ; words in the singular num- ber include the plural number ; words in the plural number ; and the masculine includes the feminine . 12 . 2 Terms and Words For the purpose of this resolution certain terms and words are hereby defined as follows : ' 1 . "Accessory Building " ' A detached subordinate building , the use of which is custo - marily incidental to that of the main building or to the main use of the land and which is located on the same lot with the main building or use , and not including those buildings defined herein as farm and garden buildings . 2 . "Accessory Use " A use naturally and normally incidental to , subordinate to , and devoted exclusively to the main use of the premises . 3 . "Alley " A public thoroughfare , not exceeding 35 feet in width ' which affords only a secondary means of access to abut- ting property . ' 4 . "Area , Minimum Lot " The total area within the property lines of the lot , ex- cluding adjacent streets except as otherwise provided . 5 . "Boarding and Rooming House " ' A building or portion thereof which is used to accomo- date , for compensation , three or more boarders or roomers , not including members of the occupant ' s immediate family ' who might be occupying such building . The word "compensa - tion " shall include payment in money , services or other things of value . ' 6 . "Building " Any permanent structure built for the shelter or enclosure of persons , animals , chattels or property of any kind and not including advertising sign boards or fences . I IL 786 3` c son DEFINITIONS 65 ' 12 . 2 Terms and Words ( Contined ) ' ( 7 ) " Building Height " The vertical distance from the "grade " to the highest tpoint of the roof surface . ( 8 ) " Building Principal " ' A building in which is conducted the main or principal use of the lot on which said building is situated . 1 ( 9 ) "Commercial Feedlots or Yards " A place of confinement for cattle , sheep and swine , corralled , penned or otherwise caused to remain in pens or corrals where feeding is other than grazing , where the capacity at any one time is greater than 200 or more cattle , 1 , 000 sheep or 100 swine . Commercial production of rabbits shall include the operation and facilties for raising or housing , at any one time , more than 100 head of rabbits . ( Rev . 12/ 26/ 73 ) ( 10 ) " Dwelling " ' Any building or portion thereof which is used as the private residence or sleeping place of one or more human beings , but not including hotels , motels , tourist ' courts , resort cabins , clubs , hospitals or similar uses . All dwellings shall contain at least 600 square feet of floor area as measured along the outside walls of the building . ( 11 ) "Dwelling , One- Family" A detached building designed exclusively for , and occupied by one family . ( 12 ) "Dwelling , Multiple Family" A building occupied by two or more families living in- dependently of each other , but not including motels or hotels . ( 13 ) "Dwelling_ Unit " IOne or more rooms in d dwelling designed for or occupied by one family living quid cooking on the premises . I ' -600c78 27C-807'7 D E F ' N I T I O N S 67 ' ' il 12 . 2 Terms and Words ( Continued ) ' ( 14 ) " Family" A family is any numuer of persons living and cooking ' together on the premises as a single dwelling unit , but it shall not include a group of more than three individuals not related by blood or marriage . ' ( l'5 ) " Farm , Ranch and Garden Buildings and Uses " 1 Those buildings and structures used to shelter or en- close livestock , poultry , feed , flowers , field equip- ment , dairy operations or similar uses ; and those uses of land devoted to raising of crops , poultry or live- stock - provided more than 50 percent of the roughage type feed such as hay and ensilage for such poultry or livestock is produced by the owner on his immediate farm owned or leased property . ( 16 ) "Grade " Grade ( ground level ) is the average of the finished ground level at the center of all walls of a building . In case walls are within 25 feet of a sidewalk , said ground level shall be measured at the sidewalk . ( 17 ) " Home Occupation " Any use conducted principally I. ithin a dwelling and carried on by the inhabitants thereto , which use is clearly incidental and secondary to the use of the dwelling purposes and does not change the character thereof , providing that no article is sold or offered for sale except such as may be produced by members of ' the immediate family residing on the premises . ( 18 ) " Hospital " Any building or portion therof used for the accom- modation and medical care of sick , injured or infirm persons and including sanitariums , but not including clinics , rest homes and convalescent homes . ( 19 ) " Hotels and Motels " Any building or portion thereof containing six or more guest rooms used , designed to be used , let or hired ' out for occupancy by persons on more or less a temporary basis . 1 aJ( 786 19C8077 I DEFINITIONS 68917- `) - 12 . 2 Terms and Words ( Continued ) I ( 20 ) "Junk Yard " A yard or enclosure with or without buildings devoted or used in any manner for the sale , storage or display of worn and/or discarded materials of any kind which may be turned into some use or converted to another ' either of the same or of a different kind , including but not limited to old rope , chain , iron , copper and other metals and base metals , machinery or parts of machinery , glass and glass products including bottles , paper and paper products of all kinds , motor vehicles and/or parts thereof , and aircraft and parts thereof , and all other materials stored or harbored in such ' manner as could commonly be recognized as a junk yard . ( Rev . 12/26/ 73 ) ( 21 ) " Kennel " Any lot or premises on which four or more animals at least four months of age are harbored . ( 22 ) " Lot" A parcel of land occupied or to be occupied by a ' building or group of buildings and any accessory buildings identified with each , together with such open areas as are required under this Resolution , and having its principal frontage on a public right of way . ( 23 ) " lot , Reversed Corner" ' A corner lot having its side street line substantially a continuation on the front lot line of the first lot to its rear . ( 24 ) " Lot Line , Front " ' The property line dividing a lot from a street . On a corner lot , only one street line shall be considered as a front line and the shorter street frontage shall be considered the front line . ' ( 25 ) " Lot Line , Rear " The line opposite the front lot line . ( 26 ) " Lot Line , Side " ' Any lot lines other than front lot lines or rear lot lines . 1 ' 786 1'708027 DEFINITIONS 69 99 -95 12 . 2 Terms and Words ( Continued ) ' ( 27 ) "Membership Club " An association of persons , whether incorporated or unincorporated for some common purpose but not in- cluding groups organized primarily to render a service carried on as a business . ' ( 28 ) " Non-Conforming Buildings " ' A building or structure or portion thereof built prior to the effective date of this Resolution , or any amendment thereto and conflicting with the provisions of this Resolution applicable to the zone in which it ' is situated . ( 29 ) " Non -Conforming Use " ' The use of a structure or premises conflicting with the provisions of this Resolution . (30 ) "Occupied" The word " occupied " includes arranged , designed , built , altered , converted , rented or leased , or intended to be occupied . 1 ( 31 ) "Outdoor Advertising Signs " Any card , cloth , paper , metal , painted , wooden , glass , plaster , stone or other sign of any kind placed for ' outdoor advertising purposes on the ground , or on any tree , wall , bush , rock , post , fence , building , structure or thing whatsoever . ' ( 32 ) " Person " ' The word " person" shall also include association , firm , co- partnership or corporation . ( 33 ) " Professional Office " An office for professions such as physicians , dentists , lawyers , architects , engineers , artists , musicians , de- ' signers , teachers , realtors , accountants and others , who through training are qualified to perform services of a professional nature , and where no storage or sale of merchandise exists . 1 ' x786 17C80277 *7 DEFINITIONS 70 `77'91 12 . 2 Terms and Words ( Continued ) ( 34 ) " Public Water and Public Sewer Facilities " Those facilities of a municipality or sanitation ' district approved by the Weld County Health Department and by the State Department of Health for general pub- lic use . ' ( 35 ) " Setback " The distance extending across the full width of the lot between the front lot line and the nearest line or point of the building . ( 36 ) " Signs for Identification " Such signs shall refer only to the principal use of ' the lot upon which such signs are located . ( 37 ) " Street " Any public or private thoroughfare which affords the principal means of access to abutting property , and including such terms as " Public Right of Way" , " High- ' way" , " Road " and "Avenue " . ( 38 ) " Structure" Anything constructed or erected , which requires lo- cation on the ground or attached to something having a location on the ground , but not including fences or ' walls used as fences less than six feet in height , poles , lines , cables or other transmitting or distri - bution facilities of public utilities . 1 ( 39 ) "Use" The purpose for which land or building is designed , ' arranged or intended , or for which either is or may be occupied or maintained . ' (40 ) "Used Car Lots " A retail sales area for the sale of automobiles which ' are in such condition as to meet all requirements of the State and County for license and operation . ( 41 ) " Width of Lot " ' The distance parallel to the front lot line measured between side lot lines through that part of the building or structure where the lot is narrowest . I 786 1 7C 802.'7 DEFINITIONS 71 7'7-75 12 . 2 Terms and Words ( Continued ) I ( 42 ) " Yard" An open space other than a court , on a lot , unoccupied I and unobstructed from the ground upward , except as otherwise provided in this Resolution . ( 43 ) " Yard , Front " ' A yard extending across the full width of the lot be- tween the front lot line and the nearest line or point Iof the building . ( 44 ) " Yard , Rear" I A yard extending across the full width of the lot be- tween the rear lot line and nearest line or point of the building . I ( 45 ) " Yard , Side " A yard extending from the front yard to the rear yard between the side lot line and the nearest line or point of the building or accessory building attached thereto . I ( 46 ) " Poultry Production : Chickens , Ducks , Geese , Turkeys " I Commercial production of poultry or eggs shall include the operation and facilities for raising or housing , at any one time , 2 , 000 head of poultry . ( Rev . 12/ 26/ 73 ) I ( 47 ) " Dairy" An establishment for the production and subsequent I sale or distribution of milk or milk products . ( Rev . 12/26/73 ) ( 48 ) "Temporary Uses " ITemporary uses include those uses that may be contra- dictory to the intent of a zone , but will not have I lasting or permanent adverse affect upon or within a zoning district . They would be allowed only for a short , set period of time , such time period being de- fined by the applicable Sections of this Resolution . I ( Rev . 12/26/73 ) ( 9 ) "Conditional Uses " I Conditional uses include those uses which may he in keeping with the intent of a zone , but which may re- quire singular and/or additional regulation to ensure ' desirable operation within a zone . ( Rev . 12/ 26/ 73 ) epoic 786 1708027 DEFINITIONS 72 1n--1b 12 . 2 Terms and Words ( Continued ) 1 ( 50 ) " Special Uses " Special uses include those uses which may have ' significant impact on surrounding uses or may be some- what contrary to the intent of a zone . Before such special use permits are issued , a public hearing is ' required . ( Rev . 12/ 26/ 73 ) ( 51 ) " Uses Permitted by Right " ' Uses permitted by right include those uses listed as such in each zone district . ( Rev . 12/26/ 73 ) ' ( 52 ) " Legal Lot " As used in this Resolution , the term " Legal Lot" shall refer to any parcel in existence at the time of adoption of this Resolution , as indicated on official records maintained in the office of the Weld County Clerk and Recorder , or any parcel created subsequent to the adoption of this Resolution which was duly created in accordance with the requirements of the Weld County Subdivision Regulations and which meets the minimum area and similar requirements specified by this Resolution ; or any parcel created subsequent to the adoption of this Resolution which was duly created in accordance with the Conditional Use require- ments of Section 3 . 3 ( D ) or 3 . 3 ( I ) ( D ) of this Reso- lution , or which was duly created in accordance with the Special Use requirements of Section 3 . 3 ( E ) or 3 . 3 ( I ) ( E ) of this Resolution , and which has been placed on record in the office of the Weld County Clerk and Recorder . ( Rev . 12/ 26/ 73 ) ' ( 53 ) "Airport " Any locality either water or land which is adapted for ' the landing and taking off of aircraft and which pro - vides facilities for shelter , supply and repair of aircraft , or a place used regularly for receiving or ' discharging passengers or cargo by air . Includes all land , buildings , structures or other improvements , necessary or convenient in the establishment and operation of an airport . ( Rev . 12/ 26/ 73 ) tio°7g 1708027 ' REPEALS AND ENACTMENT 737 77 ' SECTION XIII 13 . 1 Repeals ' ( 1 ) All Resolutions of the County of Weld , inconsistent herewith to the extent of such inconsistency , and no further , are hereby repealed . ( 2 ) The repeal of any of the above-mentioned Resolutions does not revive any other Resolution or portion there- of repealed by said Resolution . ' ( 3 ) Such repeals shall not affect or prevent the prosecution or punishment of any person for the violation of any ' Resolution repealed hereby , for an offense committed prior to the repeal . 13 . 2 Enactment ( 1 ) Upon approval and adoption of this Resolution , a certi - fied copy thereof , including all maps herein referred to , shall be filed as provided by law in the office of the County Clerk and Recorder of Weld County . ' ( 2 ) This Resolution shall be in full force and effect after its approval and adoption as provided by law . ( 3 ) Approved and adopted this 29th day of May , A . D . 1961 . ' THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD By : ( signed ) Elmer L . Shultz ' ATTEST : ( signed Edith N . Flateland ' Deputy ounty Clerk Hello