HomeMy WebLinkAbout20102009.tiff BEFORE THE WELD COUNTY. COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Robert Grand, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: Code Change Amendments
PLANNER: Tom Parko
REQUEST: Additional amendments to Chapter 21 , Chapter 23, Chapter 24, Chapter 26
and Chapter 27 Zoning and Chapter 29 Building of the Weld County Code
be recommended favorably to the Board of County Commissioners for the following reasons:
1 . Section 23-2- 120. 8. 1 — That the existing text is in need of revision as proposed. The proposed changes
are part of a semi-annual review of the County Code to respond to constituent input about the Code's
provisions, to update it in relationship to other regulatory documents, and to maintain its overall
functionality. Several of the items proposed for revision come from recommendations made by the
public and landowners, or as the result of observations made by the County Commissioners, Planning
Commission, or County Staff during the processing of land use cases.
2. Section 23-2- 120. 8. 2 — That the proposed amendment will be consistent with the future goals and
needs of the County as set out in Chapter 22 and any other applicable code provision or ordinance in
effect. Fundamentally, the proposed revisions are consistent with County goals that support agricultural
and mixed land uses, promote flexibility and predictability in land use matters, and ensure fairness and
consistency in processing requirements.
3. Section 23-2- 120. 83 -- That the proposed amendment will be consistent with the overall intent of this
Chapter. The intent of Chapter 23, as defined by Section 23-1 -40, is to provide a unified regulatory
system for land use within the County and to promote the health, safety, convenience, morals, order,
and welfare of present and future inhabitants of the County. The proposed changes to the Code are
designed to clarify ambiguities or omissions in the Code, or to update certain regulations to be more
consistent with modern building and safety standards.
Motion seconded by Roy Spitzer.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Erich Ehrlich
Roy Spitzer
Mark Lawley
Nick Berryman
Jason Maxey
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
2010-2009
Ord &t/D-- f$
Resolution Ordinance 2010-6
Code Changes
Page 2
CERTIFICATION OF COPY
I , Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on July 6, 2010.
Dated the 6th of July, 2010.
Kristine Ranslem
Secretary
CHAPTER 23
ZONING
ARTICLE I
General Provisions
Amend Sec. 23-1 -90. Definitions, as follows :
CLASS II
A HOME OCCUPATION - CLASS TWO shall be conducted by the inhabitants of the DWELLING
UNIT plus up to two (2) external employees and comply with all criteria called out in the HOME
OCCUPATION definition . Two (2) associated COMMERCIAL VEHICLES vehicles with two axles
can be included under this application . There shall only be incidental sales of stocks, supplies or
products conducted on the premises. Signage: May consist of a maximum of one ( 1 ) non-
illuminated sign no more than nine (9) square feet in size which must be attached to the face of the
DWELLING UNIT. Does not produce traffic volumes exceeding that produced by the DWELLING
UNIT by more than 16 average daily trips, provided adequate off-street parking is provided . Please
keep in mind that one vehicle produces two trips - one when arriving and one when leaving .
Therefore, an average of only eight (8) cars can come to the property per day. Trips include those
produced by the residents for any purpose related to conducting the business, the one employee,
clients, deliveries related to the business, etcetera. Ordinarily, a HOME OCCUPATION — CLASS
TWO shall include uses similar to Hair Salon , Day Care (8 or fewer children under the age of 16) ,
welding shop, Tax Preparation; with customers, etcetera provided it meets the criteria set forth .
Amend Sec. 23-1 -90 to ADD the following definitions :
NON-COMMERCIAL TOWER: Any mast or pole taller than 30 feet. weighing more than 150
pounds, and permanently attached to the property. The NON-COMMERCIAL TOWER may include
over the air high definition television (HDTV) reception , short wave radio , citizens band radio,
wireless internet, and cell phone range extension , for example
ARTICLE III
Zone Districts
Division 1
A (Agricultural) Zone District
Amend Sec. 23-3-20. Uses allowed by right.
No BUILDING , STRUCTURE or land shall be USED and no BUILDING or STRUCTURE
shall hereafter be erected , structurally altered , enlarged or maintained in the A (Agricultural) Zone
District except for one ( 1 ) or more of the following USES. Land in the A (Agricultural) Zone District is
subject to the schedule of bulk requirements contained in Section 23-3-50 below. USES within the
A (Agricultural) Zone District shall also be subject to the additional requirements contained in
Articles IV and V of this Chapter.
E . TEMPORARY storage and sorting of, in transit, of crops, vegetables, plants, flowers
and nursery stock not raised on the premises and not for sale on said premises.
U . One ( 1 ) TELECOMMUNICATION ANTENNA TOWER and/or one ( 1 ) AMATEUR
RADIO ANTENNA/TOWER Non-Commercial Tower subject to the provisions of
Article IV, Division 10 of this Chapter.
Amend Sec. 23-3-40. Uses by special review.
The following BUILDINGS , STRUCTURES and USES may be constructed , occupied ,
operated and maintained in the A (Agricultural) Zone District upon approval of a permit in
accordance with the requirements and procedures set forth in Article II , Division 4 of this Chapter.
ADD FF. BREWERY
GG . BREWPUB
HH . DISTILLERY
II . WINERY
JJ . NON-COMMERCIAL TOWER(s) greater than 130 feet in height.
Amend Sec. 23-3-110. R-1 (Low-Density Residential) Zone District.
C . Accessory Uses. The following BUILDINGS , STRUCTURES and USES shall be allowed in
the R- 1 Zone District so long as they are clearly incidental and ACCESSORY to the Uses
Allowed by Right in the R- 1 Zone District. Such BUILDINGS , STRUCTURES and USES
must be designed , constructed and operated in conformance with the bulk requirements
contained in Section 23-3- 160 below. ACCESSORY USES within the R-1 Zone District are
also subject to the additional requirements contained in Articles IV and V of this Chapter.
Note: The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed
after the original effective date of this Chapter (August 25, 1981 ) on LOTS in an approved or
recorded subdivision plat or LOTS part of a map or plan filed prior to adoption of any
regulations controlling subdivisions of less than ten ( 10) acres shall not exceed four percent
(4%) of the total lot area , except when a greater percentage is allowed pursuant to
covenants or homeowners association rules, and except in Regional Urbanization Areas,
which shall adhere to RUA development standards. However, in no case shall such an
accessory building exceed twice the gross floor area of the primary residence on the lot
except by variance. Any accessory structure made nonconforming by application of this
Section may be repaired , replaced or restored in total .
9. NON-COMMERCIAL TOWER
Division 3
Commercial Zone District
Amend Sec. 23-3-210. C-1 (Neighborhood Commercial) Zone District.
B. Uses Allowed by Right. No BUILDING , STRUCTURE or land shall be USED and no
BUILDING or STRUCTURE shall hereafter be erected , structurally altered , enlarged or
maintained in the C- 1 Zone District except for one (1 ) or more of the following USES , which
must be conducted in ENCLOSED BUILDINGS and in compliance with the performance
standards contained in Section 23-3-250 below. No outside storage will be allowed in the
C-1 Zone District. USES within the C-1 Zone District shall also be subject to additional
requirements contained in Articles IV and V of this Chapter.
14. BREWPUB
C. Accessory Uses. The following BUILDINGS , STRUCTURES and USES shall be allowed in
the C- 1 Zone District so long as they are clearly incidental and ACCESSORY to the Uses
Allowed by Right. Such BUILDINGS , STRUCTURES and USES must be designed ,
constructed and operated in conformance with the performance standards contained in
Section 23-3-250 below. ACCESSORY USES within the C- 1 Zone District shall also be
subject to additional requirements contained in Articles IV and V of this Chapter.
7. NON-COMMERCIAL TOWER
Amend Sec. 23-3-220. C-2 (General Commercial) Zone District.
B. Uses Allowed by Right. No BUILDING , STRUCTURE or land shall be USED and no
BUILDING or STRUCTURE shall hereafter be erected , structurally altered , enlarged or
maintained in the C-2 Zone District except for one (1 ) or more of the following USES , which
must be ENCLOSED and conducted in compliance with the performance standards
contained in Section 23-3-250 below. No outside storage will be allowed in the C-2 Zone
District. USES within the C-2 Zone District shall also be subject to additional requirements
contained in Articles IV and V of this Chapter.
5. BREWPUB.
C . Accessory Uses. The following BUILDINGS , STRUCTURES and USES shall be allowed in
the C-2 Zone District so long as they are clearly incidental and ACCESSORY to the Uses
Allowed by Right. Such BUILDINGS , STRUCTURES and USES must be designed ,
constructed and operated in conformance with the performance standards contained in
Section 23-3-250 below. ACCESSORY USES within the C-2 Zone District shall also be
subject to additional requirements contained in Articles IV and V of this Chapter.
7 . NON-COMMERCIAL TOWER
Amend Sec. 23-3-230. C-3 ( Business Commercial) Zone District.
B. Uses Allowed by Right. No BUILDINGS, STRUCTURES or land shall be USED and no
BUILDING or STRUCTURE shall hereafter be erected , structurally altered , enlarged or
maintained in the C-3 Zone District except for one ( 1 ) or more of the following USES which
must be conducted in compliance with performance standards contained in Section 23-3-
250 below. USES within the C-3 Zone District shall also be subject to additional
requirements contained in Articles IV and V of this Chapter.
17. BREWPUB
C . Accessory Uses. The following BUILDINGS , STRUCTURES and USES shall be allowed in
the C-3 Zone District so long as they are clearly incidental and ACCESSORY to the Uses
Allowed by Right. Such BUILDINGS , STRUCTURES and USES must be designed ,
constructed and operated in conformance with the performance standards contained in
Section 23-3-250 below. ACCESSORY USES within the C-3 Zone District shall also be
subject to additional requirements contained in Articles IV and V of this Chapter.
6. NON-COMMERCIAL TOWER
Amend Sec. 23-3-240. C-4 (Highway Commercial) Zone District.
B . Uses by Right. No BUILDINGS , STRUCTURES or land shall be USED and no BUILDING
or STRUCTURE shall hereafter be erected , structurally altered , enlarged or maintained in
the C-4 Zone District except for one ( 1 ) or more of the following USES which must be
conducted in conformance with performance standards contained in Subsection F below.
USES within the C-4 Zone District shall also be subject to additional requirements contained
in Articles IV and V of this Chapter.
10. BREWPUB
Amend Sec. 23-3-310. I-1 (Industrial) Zone District.
C. Accessory Uses. The BUILDINGS , STRUCTURES and USES may be allowed in the I- 1
Zone District so long as they are incidental and ACCESSORY to the Uses Allowed by Right.
Such BUILDINGS , STRUCTURES and USES must be designed, constructed and operated
in conformance with the performance standards set forth in Sections 23-3-340, 23-3-350
and 23-3-360 below.
10. NON-COMMERCIAL TOWER
Amend Sec. 23-3-320. 1-2 (Industrial) Zone District.
C . Accessory Uses. The following BUILDINGS, STRUCTURES and USES may be allowed in
the 1-2 Zone Districts so long as they are clearly incidental and ACCESSORY to the Use
Allowed by Right. Such BUILDINGS, STRUCTURES and USES must be designed ,
constructed and operated in conformance with the performance standards set forth in
Sections 23-3-340, 23-3-350 and 23-3-360 below.
10. NON-COMMERCIAL TOWER
D . Uses by Special Review. The following BUILDINGS , STRUCTURES and USES may be
constructed , occupied or maintained in the 1-2 Zone District upon the approval of a permit in
accordance with the requirements and procedures set forth in Article II , Division 4 of this
Chapter.
17. DISTILLERY.
Amend Sec. 23-3-330. 1-3 (Industrial) Zone District.
C. Accessory Uses. The following BUILDINGS , STRUCTURES and USES may be allowed in
the 1-3 Zone Districts so long as they are clearly incidental and accessory to the Use Allowed
by Right. Such BUILDINGS, STRUCTURES and USES must be designed , constructed and
operated in conformance with the performance standards set forth in Sections 23-3-340, 23-
3-350 and 23-3-360 below.
10. NON-COMMERCIAL TOWER
D. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be
constructed , occupied or maintained in the 1-3 Zone District upon the approval of a permit in
accordance with the requirements and procedures set forth in Article II , Division 4 of this
Chapter.
18. BREWERY
19. DISTILLERY
Sec. 23-4-610. Approval process.
A zoning permit for a second SINGLE-FAMILY DWELLING on a LEGAL LOT in the
A (Agricultural) Zone District may be issued by the Department of Planning Services if the
application meets the criteria stated in Paragraphs A. 1 through A.4 below and Section 23-4-620 of
this Division , and is not located on lots in an approved or recorded subdivision plat or LOTS part of a
map or plan filed prior to adoption of any regulations controlling subdivisions.
Add Sec. 23-4-805. Definitions.
For the purposes of this Chapter, certain terms or words used herein shall be interpreted as
defined in this Section . The following specific words and phrases, when appearing in this Chapter in
uppercase letters, shall have the meanings stated in this Section :
NON-COMMERCIAL TOWER: Any mast or pole taller than 30 feet. weighing more than 150
pounds. and permanently attached to the property. The NON-COMMERCIAL TOWER may include
over the air high definition television (HDTV) reception , short wave radio, citizens band radio,
wireless internet, and cell phone range extension , for example
Section 23-4-895. Requirements for AMATEUR RADIO ANTENNA/TOWERS.
NON-COMMERCIAL TOWERS shall be subject to the following requirements:
A. NON-COMMERCIAL TOWERS shall be permitted in all zone districts. See
Appendix 23-F for requirements in zone districts.
B. NON-COMMERCIAL TOWER components, including any and all antennas ,
appurtenances, cables. guy wires. or structural supports, shall be subject to the
front, side and rear setback requirements for accessory structures for the zone
district in which the tower is located . This provision shall not apply to the tower
itself.
C. NON-COMMERCIAL TOWERS must be setbacks from any existing or planned
overhead lines a distance equal to the height of the tower.
D. No NON-COMMERCIAL TOWER may exceed the height as measured from the
ground at a point directly beneath the apex of the NON-COMMERCIAL TOWER
per the specific zone district, without a Zoning Permit for a NON-COMMERCIAL
TOWERS (ZPNCT) or Special Use Permit approved by the Board of County
Commissioners.
E. No NON-COMMERCIAL TOWERS may exceed the number as a use by right of
the specific Zone District without a Zoning Permit for NON-COMMERCIAL
TOWERS (ZPNCT) or a Special Use Permit approved by the Board of County
Commissioners.
F. Limiting Site Factors. NON-COMMERCIAL TOWERS are permitted in all zone
districts, however, should the proposed NON-COMMERCIAL TOWER be located
in one or all of the following areas, the NON-COMMERCIAL TOWER is subject to
additional review and approval by the appropriate agency:
1 . Two-miles from any military installation .
2. Within the Airport Zoning Overlay District.
3 . Within the Geologic Hazard Development areas as defined by the Weld
County Code.
4. No facilities will be permitted within :
A. Prime soils, as dcfined by the Important Farmlands of Weld
County Map, 1979.
B. Historic sites.
C . 100 year Floodplains and all Floodways as defined by the Weld
County Code.
D. Wetlands.
G. Prior to the issuance of a land use permit for any NON-COMMERCIAL TOWER,
the applicant shall provide the following :
1 . A completed land use application form and a Building Permit application
form .
2. A copy of the approved and valid Federal Communications Commission
license, if applicable.
3. A description of the proposed tower, including its height and method of
construction .
4. A scaled Site Plan drawing of the subject property, showing all property
lines, the location of all existing structures, and the proposed location of
the tower. including the location of cables, guy wires or other structural
supports.
5. The applicant is to provide evidence that additional review and approval
by the appropriate agency is not required in accordance with FAR Part 77 ,
"Objects Affecting Navigable Airspace", and/or, if the structure were
located within an established Airport Zoning Overlay District. Towers
farther than 20,000 feet to the nearest point of the nearest runway for both
public airports, and any established private airport are automatically
exempt from any review. Other exemptions are based on tower distance,
tower height, ground height and buildings between the tower and the
airport and length of airport runway.
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7 -6 - 02010
CASE NUMBER: Code Change Amendments
PLANNER: Tom Parko
REQUEST: Additional amendments to Chapter 21 , Chapter 23, Chapter 24, Chapter 26
and Chapter 27 Zoning and Chapter 29 Building of the Weld County Code
Tom Parko, Planning Services, stated that following the last meeting regarding code changes a few additions
and minor changes have been made and staff wished to bring those before the Planning Commission again.
Mr. Parko commented that they have met with two residents in Weld County that are Ham Radio operators.
The original language reference was to "Amateur Radio Towers"; however staff would like to change that to
" Non-Commercial Towers" .
In addition . there is a proposed change to the Appendix 23-F Chart to change the provision in the Residential
Zone District from 30 feet to 40 feet in height according to a federal regulation. These gentlemen would like to
see the height go up to 40 feet in the residential zone district.
Larry Benko stated that he is not a resident in Weld County at the moment; however he has been looking to
purchase property in Weld County. He said that he is an amateur radio operator and added that Federal
Statute PRB-1 says that nothing should be legislated less than 35 feet. He commented that it would be nice to
see it at 40 feet because the tower sections generally come in 10 foot increments.
Robert Grand moved to amend Appendix 23-F Chart Residential Zoning District to 40 feet rather than 30 feet
as well as a universal change throughout Chapter 23, seconded by Jason Maxey. Motion carried.
(Erich Ehrlich left the meeting at 4:57 pm)
In Section 23-1 -90 under Class II Home Occupations there is an amendment to change the commercial
vehicles to vehicles with two axles. He said that there was discussion with the Board of County
Commissioners because commercial vehicles are loosely defined and they wanted to limit the amount of
impact with bigger trucks.
Robert Grand moved to amend Section 23-1 -90 under Class II Home Occupations from "Commercial
Vehicles" to "vehicles with two axles", seconded by Mark Lawley. Motion carried.
Mr. Parko continued to Section 23-3-20 and commented that staff is proposing to amend E to read
"Temporary storage and sorting of, in transit, of crops, vegetables, plants, flowers and nursery stock not raised
on the premises and not for sale on said premises". The reason is because staff recently ran into a situation
where a property owner has 80 acres and grows his vegetables and crops and stores them. However he also
leases property that are not contiguous with his 80 acre parcel and he brings the similar products onto his
property storing it and then sorting it on the property. He is not engaging in any commercial activity so rather
than having this person go through the USR process it is called out as a use by right.
Nick Berryman moved to amend Section 23-3-20. E and 23-3-20. 0 as proposed, seconded by Roy Spitzer.
Motion carried .
Mr. Parko stated that the breweries, brewpubs, distilleries, and wineries were added to the appropriate zone
districts where before definitions were only provided .
Alexander Zauder moved to amend Chapter 23 to include the breweries, brewpubs, distilleries, wineries and
non-commercial towers in the appropriate zone districts as proposed by staff, seconded by Roy Spitzer.
Under Section 23-4-610, Mr. Parko said that this proposal came out of discussion with the Board of County
Commissioners to prohibit a second single family dwelling in County approved subdivisions or platted
townsites. Most of the county approved subdivisions are about 10 acres or less; therefore it doesn't meet the
intent to start allowing second single family homes in these areas.
Roy Spitzer moved to amend Section 23-4-610 as proposed by staff, seconded by Nick Berryman. Motion
carried.
13
Commissioner Holton expressed concern over 23-4-895. F.4.A and 23-4-895. F.4.C in regard to placing non-
commercial towers in prime soils and floodplains. He felt that it was extreme to not allow a 40 foot tower in the
floodplain.
Mr. Benko commented that if a house is allowed in a floodplain than a tower should be allowed as well. A
tower does not damage soil.
Mr. Holton expressed desire to delete Section 23-4-895. F.4.A and amend F.4.C by deleting " 100 year
Floodplains and" .
Robert Grand moved to delete Section 23-4-895. F.4.A and amend F.4.C by deleting " 100 year Floodplains
and", seconded by Nick Berryman. Motion carried .
(Nick Berryman left the meeting at 5: 17 pm)
Mr. Parko indicated that a discussion with the Board of County Commissioners came up on a clarification with
the second single family home whether or not it should be restricted to stick-built or manufactured housing and
then prohibit mobile homes. The Planning Commission felt that the intent should be that the second single
family homes should be restricted to stick-built and manufactured homes and that the definitions already cover
this in the Weld County Code.
Mr. Parko addressed Section 21 -4-420 and pointed out that arterial roadways are proposed to have multi-
modal features such as bicycle. mass transit and pedestrian modes.
Jason Maxey moved to include Section 21 -4-420. B regarding multi-modal features, seconded by Roy Spitzer.
Motion carried.
Rob Sherwood , 32987 Hwy 14, commented that under 23-4-895.G.2 it lists that a copy of the approved and
valid Federal Communications Commission license is required . He added that since the non-commercial use
includes many things he doesn't understand the need for providing a copy of the amateur radio license.
Commissioner Spitzer recommended adding the language "if applicable" to the statement. Robert Grand
moved to amend Section 23-4-895.G.2 to read "A copy of the approved and valid Federal Communications
Commission license, if applicable", seconded by Alexander Zauder. Motion carried .
The Chair asked the Planning Commission members if there was any new business to discuss. No one had
any further business to discuss.
Meeting adjourned at 5:30 pm.
Respectfully submitted ,
4'CaliCbb 1Q‘td4
Kristine Ranslem
Secretary
14
BEFORE THE WELD COUNTY. COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Robert Grand , that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: Code Change Amendments
PLANNER: Tom Parko
REQUEST: Additional amendments to Chapter 21 , Chapter 23, Chapter 24, Chapter 26
and Chapter 27 Zoning and Chapter 29 Building of the Weld County Code
be recommended favorably to the Board of County Commissioners for the following reasons:
1 . Section 23-2- 120. 8. 1 — That the existing text is in need of revision as proposed. The proposed changes
are part of a semi-annual review of the County Code to respond to constituent input about the Code's
provisions, to update it in relationship to other regulatory documents, and to maintain its overall
functionality. Several of the items proposed for revision come from recommendations made by the
public and landowners, or as the result of observations made by the County Commissioners, Planning
Commission. or County Staff during the processing of land use cases.
2. Section 23-2-120. 8. 2 — That the proposed amendment will be consistent with the future goals and
needs of the County as set out in Chapter 22 and any other applicable code provision or ordinance in
effect. Fundamentally, the proposed revisions are consistent with County goals that support agricultural
and mixed land uses, promote flexibility and predictability in land use matters, and ensure fairness and
consistency in processing requirements.
3. Section 23-2-120. 83 -- That the proposed amendment will be consistent with the overall intent of this
Chapter. The intent of Chapter 23, as defined by Section 23-1 -40, is to provide a unified regulatory
system for land use within the County and to promote the health. safety. convenience, morals, order,
and welfare of present and future inhabitants of the County. The proposed changes to the Code are
designed to clarify ambiguities or omissions in the Code, or to update certain regulations to be more
consistent with modern building and safety standards.
Motion seconded by Roy Spitzer.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Erich Ehrlich
Roy Spitzer
Mark Lawley
Nick Berryman
Jason Maxey
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
Resolution Ordinance 2010-6
Code Changes
Page 2
CERTIFICATION OF COPY
I , Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on July 6, 2010.
Dated the 6th of July, 2010.
Kristine Ranslem
Secretary
CHAPTER 23
ZONING
ARTICLE I
General Provisions
Amend Sec. 23-1 -90. Definitions, as follows :
CLASS II
A HOME OCCUPATION - CLASS TWO shall be conducted by the inhabitants of the DWELLING
UNIT plus up to two (2) external employees and comply with all criteria called out in the HOME
OCCUPATION definition . Two (2) associated COMMERCIAL VEHICLES vehicles with two axles
can be included under this application . There shall only be incidental sales of stocks, supplies or
products conducted on the premises. Signage: May consist of a maximum of one (1 ) non-
illuminated sign no more than nine (9) square feet in size which must be attached to the face of the
DWELLING UNIT. Does not produce traffic volumes exceeding that produced by the DWELLING
UNIT by more than 16 average daily trips, provided adequate off-street parking is provided . Please
keep in mind that one vehicle produces two trips - one when arriving and one when leaving .
Therefore, an average of only eight (8) cars can come to the property per day. Trips include those
produced by the residents for any purpose related to conducting the business, the one employee,
clients, deliveries related to the business, etcetera. Ordinarily, a HOME OCCUPATION — CLASS
TWO shall include uses similar to Hair Salon , Day Care (8 or fewer children under the age of 16) ,
welding shop, Tax Preparation; with customers, etcetera provided it meets the criteria set forth .
Amend Sec. 23-1 -90 to ADD the following definitions :
NON-COMMERCIAL TOWER: Any mast or pole taller than 30 feet, weighing more than 150
pounds, and permanently attached to the property. The NON-COMMERCIAL TOWER may include
over the air high definition television (HDTV) reception , short wave radio, citizens band radio,
wireless internet, and cell phone range extension , for example
ARTICLE III
Zone Districts
Division 1
A (Agricultural) Zone District
Amend Sec. 23-3-20. Uses allowed by right.
No BUILDING , STRUCTURE or land shall be USED and no BUILDING or STRUCTURE
shall hereafter be erected , structurally altered , enlarged or maintained in the A (Agricultural) Zone
District except for one (1 ) or more of the following USES . Land in the A (Agricultural) Zone District is
subject to the schedule of bulk requirements contained in Section 23-3-50 below. USES within the
A (Agricultural) Zone District shall also be subject to the additional requirements contained in
Articles IV and V of this Chapter.
E. TEMPORARY storage and sorting of, in transit, of crops, vegetables, plants, flowers
and nursery stock not raised on the premises and not for sale on said premises.
U . One (1 ) TELECOMMUNICATION ANTENNA TOWER and/or one ( 1 ) AMATEUR
RADIO ANTENNA/TOWER Non-Commercial Tower subject to the provisions of
Article IV, Division 10 of this Chapter.
Amend Sec. 23-3-40. Uses by special review.
The following BUILDINGS, STRUCTURES and USES may be constructed , occupied ,
operated and maintained in the A (Agricultural) Zone District upon approval of a permit in
accordance with the requirements and procedures set forth in Article II , Division 4 of this Chapter.
ADD FF. BREWERY
GG. BREWPUB
HH . DISTILLERY
II . WINERY
JJ . NON-COMMERCIAL TOWER(s) greater than 130 feet in height.
Amend Sec. 23-3-110. R-1 (Low-Density Residential) Zone District.
C . Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in
the R-1 Zone District so long as they are clearly incidental and ACCESSORY to the Uses
Allowed by Right in the R- 1 Zone District. Such BUILDINGS. STRUCTURES and USES
must be designed , constructed and operated in conformance with the bulk requirements
contained in Section 23-3-160 below. ACCESSORY USES within the R-1 Zone District are
also subject to the additional requirements contained in Articles IV and V of this Chapter.
Note: The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed
after the original effective date of this Chapter (August 25, 1981 ) on LOTS in an approved or
recorded subdivision plat or LOTS part of a map or plan filed prior to adoption of any
regulations controlling subdivisions of less than ten ( 10) acres shall not exceed four percent
(4%) of the total lot area, except when a greater percentage is allowed pursuant to
covenants or homeowners association rules, and except in Regional Urbanization Areas,
which shall adhere to RUA development standards. However, in no case shall such an
accessory building exceed twice the gross floor area of the primary residence on the lot
except by variance. Any accessory structure made nonconforming by application of this
Section may be repaired , replaced or restored in total .
9. NON-COMMERCIAL TOWER
Division 3
Commercial Zone District
Amend Sec. 23-3-210. C-1 (Neighborhood Commercial) Zone District.
B. Uses Allowed by Right. No BUILDING , STRUCTURE or land shall be USED and no
BUILDING or STRUCTURE shall hereafter be erected , structurally altered , enlarged or
maintained in the C-1 Zone District except for one (1 ) or more of the following USES, which
must be conducted in ENCLOSED BUILDINGS and in compliance with the performance
standards contained in Section 23-3-250 below. No outside storage will be allowed in the
C-1 Zone District. USES within the C-1 Zone District shall also be subject to additional
requirements contained in Articles IV and V of this Chapter.
14. BREWPUB
C. Accessory Uses. The following BUILDINGS , STRUCTURES and USES shall be allowed in
the C-1 Zone District so long as they are clearly incidental and ACCESSORY to the Uses
Allowed by Right. Such BUILDINGS , STRUCTURES and USES must be designed ,
constructed and operated in conformance with the performance standards contained in
Section 23-3-250 below. ACCESSORY USES within the C- 1 Zone District shall also be
subject to additional requirements contained in Articles IV and V of this Chapter.
7. NON-COMMERCIAL TOWER
Amend Sec. 23-3-220. C-2 (General Commercial) Zone District.
B. Uses Allowed by Right. No BUILDING , STRUCTURE or land shall be USED and no
BUILDING or STRUCTURE shall hereafter be erected , structurally altered , enlarged or
maintained in the C-2 Zone District except for one (1 ) or more of the following USES , which
must be ENCLOSED and conducted in compliance with the performance standards
contained in Section 23-3-250 below. No outside storage will be allowed in the C-2 Zone
District. USES within the C-2 Zone District shall also be subject to additional requirements
contained in Articles IV and V of this Chapter.
5. BREWPUB.
C. Accessory Uses. The following BUILDINGS , STRUCTURES and USES shall be allowed in
the C-2 Zone District so long as they are clearly incidental and ACCESSORY to the Uses
Allowed by Right. Such BUILDINGS , STRUCTURES and USES must be designed ,
constructed and operated in conformance with the performance standards contained in
Section 23-3-250 below. ACCESSORY USES within the C-2 Zone District shall also be
subject to additional requirements contained in Articles IV and V of this Chapter.
7. NON-COMMERCIAL TOWER
Amend Sec. 23-3-230. C-3 (Business Commercial) Zone District.
B. Uses Allowed by Right. No BUILDINGS, STRUCTURES or land shall be USED and no
BUILDING or STRUCTURE shall hereafter be erected , structurally altered , enlarged or
maintained in the C-3 Zone District except for one ( 1 ) or more of the following USES which
must be conducted in compliance with performance standards contained in Section 23-3-
250 below. USES within the C-3 Zone District shall also be subject to additional
requirements contained in Articles IV and V of this Chapter.
17. BREWPUB
C . Accessory Uses. The following BUILDINGS , STRUCTURES and USES shall be allowed in
the C-3 Zone District so long as they are clearly incidental and ACCESSORY to the Uses
Allowed by Right. Such BUILDINGS, STRUCTURES and USES must be designed ,
constructed and operated in conformance with the performance standards contained in
Section 23-3-250 below. ACCESSORY USES within the C-3 Zone District shall also be
subject to additional requirements contained in Articles IV and V of this Chapter.
6. NON-COMMERCIAL TOWER
Amend Sec. 23-3-240. C-4 (Highway Commercial) Zone District.
B. Uses by Right. No BUILDINGS , STRUCTURES or land shall be USED and no BUILDING
or STRUCTURE shall hereafter be erected , structurally altered , enlarged or maintained in
the C-4 Zone District except for one ( 1 ) or more of the following USES which must be
conducted in conformance with performance standards contained in Subsection F below.
USES within the C-4 Zone District shall also be subject to additional requirements contained
in Articles IV and V of this Chapter.
10. BREWPUB
Amend Sec. 23-3-310. I-1 (Industrial) Zone District.
C. Accessory Uses. The BUILDINGS . STRUCTURES and USES may be allowed in the I-1
Zone District so long as they are incidental and ACCESSORY to the Uses Allowed by Right.
Such BUILDINGS, STRUCTURES and USES must be designed , constructed and operated
in conformance with the performance standards set forth in Sections 23-3-340, 23-3-350
and 23-3-360 below.
10. NON-COMMERCIAL TOWER
Amend Sec. 23-3-320. 1-2 (Industrial) Zone District.
C. Accessory Uses. The following BUILDINGS , STRUCTURES and USES may be allowed in
the 1-2 Zone Districts so long as they are clearly incidental and ACCESSORY to the Use
Allowed by Right. Such BUILDINGS, STRUCTURES and USES must be designed ,
constructed and operated in conformance with the performance standards set forth in
Sections 23-3-340, 23-3-350 and 23-3-360 below.
10. NON-COMMERCIAL TOWER
D. Uses by Special Review. The following BUILDINGS , STRUCTURES and USES may be
constructed , occupied or maintained in the 1-2 Zone District upon the approval of a permit in
accordance with the requirements and procedures set forth in Article II , Division 4 of this
Chapter.
17. DISTILLERY.
Amend Sec. 23-3-330. 1-3 (Industrial) Zone District.
C. Accessory Uses. The following BUILDINGS , STRUCTURES and USES may be allowed in
the 1-3 Zone Districts so long as they are clearly incidental and accessory to the Use Allowed
by Right. Such BUILDINGS , STRUCTURES and USES must be designed , constructed and
operated in conformance with the performance standards set forth in Sections 23-3-340, 23-
3-350 and 23-3-360 below.
10. NON-COMMERCIAL TOWER
D. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be
constructed , occupied or maintained in the 1-3 Zone District upon the approval of a permit in
accordance with the requirements and procedures set forth in Article II , Division 4 of this
Chapter.
18. BREWERY
19. DISTILLERY
Sec. 23-4-610. Approval process.
A zoning permit for a second SINGLE-FAMILY DWELLING on a LEGAL LOT in the
A (Agricultural) Zone District may be issued by the Department of Planning Services if the
application meets the criteria stated in Paragraphs A. 1 through A.4 below and Section 23-4-620 of
this Division , and is not located on lots in an approved or recorded subdivision plat or LOTS part of a
map or plan filed prior to adoption of any regulations controlling subdivisions.
Add Sec. 23-4-805. Definitions.
For the purposes of this Chapter. certain terms or words used herein shall be interpreted as
defined in this Section . The following specific words and phrases, when appearing in this Chapter in
uppercase letters, shall have the meanings stated in this Section :
NON-COMMERCIAL TOWER: Any mast or pole taller than 30 feet, weighing more than 150
pounds, and permanently attached to the property. The NON-COMMERCIAL TOWER may include
over the air high definition television (HDTV) reception, short wave radio, citizens band radio,
wireless internet, and cell phone range extension , for example
Section 23-4-895. Requirements for AMATEUR RADIO ANTENNA/TOWERS.
NON-COMMERCIAL TOWERS shall be subject to the following requirements:
A. NON-COMMERCIAL TOWERS shall be permitted in all zone districts. See
Appendix 23-F for requirements in zone districts.
B. NON-COMMERCIAL TOWER components, including any and all antennas,
appurtenances, cables, guy wires, or structural supports, shall be subject to the
front, side and rear setback requirements for accessory structures for the zone
district in which the tower is located. This provision shall not apply to the tower
itself.
C . NON-COMMERCIAL TOWERS must be setbacks from any existing or planned
overhead lines a distance equal to the height of the tower.
D. No NON-COMMERCIAL TOWER may exceed the height as measured from the
ground at a point directly beneath the apex of the NON-COMMERCIAL TOWER
per the specific zone district, without a Zoning Permit for a NON-COMMERCIAL
TOWERS (ZPNCT) or Special Use Permit approved by the Board of County
Commissioners.
E. No NON-COMMERCIAL TOWERS may exceed the number as a use by right of
the specific Zone District without a Zoning Permit for NON-COMMERCIAL
TOWERS (ZPNCT) or a Special Use Permit approved by the Board of County
Commissioners.
F. Limiting Site Factors. NON-COMMERCIAL TOWERS are permitted in all zone
districts, however, should the proposed NON-COMMERCIAL TOWER be located
in one or all of the following areas, the NON-COMMERCIAL TOWER is subject to
additional review and approval by the appropriate agency:
1 . Two-miles from any military installation .
2. Within the Airport Zoning Overlay District.
3. Within the Geologic Hazard Development areas as defined by the Weld
County Code.
4. No facilities will be permitted within :
A. Prime soils, as defined by the Important Farmlands of Weld
County Map, 1979.
B. Historic sites.
C. 100 year Floodplains and all Floodways as defined by the Weld
County Code.
D. Wetlands.
G . Prior to the issuance of a land use permit for any NON-COMMERCIAL TOWER ,
the applicant shall provide the following :
1 . A completed land use application form and a Building Permit application
form.
2. A copy of the approved and valid Federal Communications Commission
license if applicable .
3. A description of the proposed tower, including its height and method of
construction .
4. A scaled Site Plan drawing of the subject property, showing all property
lines, the location of all existing structures, and the proposed location of
the tower, including the location of cables, guy wires or other structural
supports.
5. The applicant is to provide evidence that additional review and approval
by the appropriate agency is not required in accordance with FAR Part 77,
"Objects Affecting Navigable Airspace", and/or, if the structure were
located within an established Airport Zoning Overlay District. Towers
farther than 20,000 feet to the nearest point of the nearest runway for both
public airports, and any established private airport are automatically
exempt from any review. Other exemptions are based on tower distance,
tower height, ground height and buildings between the tower and the
airport and length of airport runway.
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BEFORE THE WELD COUNTY. COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Robert Grand, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: Ordinance 2010-6
PLANNER: Kim Ogle
REQUEST: Code Ordinance #2010-6, In the Matter of Repealing and Reenacting, with
Amendments, Chapter 21 , Chapter 23, Chapter 24, Chapter 26, Chapter 27
Zoning and Chapter 29 Building Regulations of the Weld County Code
be recommended favorably to the Board of County Commissioners for the following reasons:
1 . Section 23-2- 120. 8. 1 — That the existing text is in need of revision as proposed. The proposed changes
are part of a semi-annual review of the County Code to respond to constituent input about the Code's
provisions, to update it in relationship to other regulatory documents, and to maintain its overall
functionality. Several of the items proposed for revision come from recommendations made by the
public and landowners, or as the result of observations made by the County Commissioners. Planning
Commission, or County Staff during the processing of land use cases.
2. Section 23-2- 120. 8. 2 — That the proposed amendment will be consistent with the future goals and
needs of the County as set out in Chapter 22 and any other applicable code provision or ordinance in
effect. Fundamentally, the proposed revisions are consistent with County goals that support agricultural
and mixed land uses. promote flexibility and predictability in land use matters, and ensure fairness and
consistency in processing requirements.
3. Section 23-2- 120. B3 -- That the proposed amendment will he consistent with the overall intent of this
Chapter. The intent of Chapter 23, as defined by Section 23-1 -40. is to provide a unified regulatory
system for land use within the County and to promote the health , safety, convenience, morals, order,
and welfare of present and future inhabitants of the County. The proposed changes to the Code are
designed to clarify ambiguities or omissions in the Code, or to update certain regulations to be more
consistent with modern building and safety standards.
Motion seconded by Roy Spitzer.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Erich Ehrlich
Roy Spitzer
Mark Lawley
Nick Berryman
Jason Maxey
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
Resolution 2010-6
Code Changes
Page 2
CERTIFICATION OF COPY
I , Kristine Ranslem , Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on June 1 , 2010.
Dated the 1St of June, 2010.
6WSIC1in&Rartokii
Kristine Ranslem
Secretary
CHAPTER 21
Areas and Activities of State Interest
ARTICLE I
Administrative Regulations
Division 2
Designation of Matter of Stale Interest
Sec. 21 -1-200. Board of County Commissioners to make designations.
Designations and amendments of designations may be initiated in three two (; 2) ways:
C. If t to Co_orado Lanc Use Commission su Dmits a formal request to tie Board of
County Commissioners under Section 21 65. 1 407, C.R.S., with regard to a specific matter
w iic_t tie Co_orado Land Use Commission considers to be of state interest wit tin Wet County,
t le Boarc of County Commissioners slia__ pub .is i notice and conduct a _tearing pursuant to
Section 24 65. 1 107(l)(a), C.R.S. After the Board of County Commissioners has received such a
request, no person sha_ engage in deve opment in t to area or conduct the activity specifica .y
describes in saie request unti tie Board of County Commissioners las net its _tearing anc
issued its order relating thereto.
ARTICLE II
Permit Regulations
Division 2
Permit Application
Sec. 21-2-260. Duties of Department of Planning Services.
B. Upon determination that the application submittal is complete, the Department of
Planning Services shall :
4. A sign shall be posted for the applicant on the property under consideration for
such permit. The sign shall be posted adjacent to and visible from a publicly maintained road
right-of-way. In the event the property under consideration is not adjacent to a publicly
maintained road right-of-way, one ( 1 ) sign shall be posted in the most prominent place on the
property and a second sign posted at the point at which the driveway (access drive) intersects
a publicly maintained road right-of-way. The sign shall be posted at least ten ( 10) days prior
to the hearing, and include the following information:
a. Permit number.
b. Date, place and time of public hearing.
c. Location and phone number of the public office where additional
information may be obtained.
d. Applicant's name and address.
e. Size of parcel of land.
f. Type of request.
However, in lieu of the posting requirement herein, applicants for an electric transmission
line or gas pipeline which is more than one (1 ) mile in length shall advertise the hearing at least
once in the newspaper designated by the Board of County Commissioners for publication of
notices a minimum of ten (10) days prior to the hearing date. The advertisement shall contain a
map displaying the proposed alternative routes along with a description of the hearing time, date
and location. The advertisement for an electric transmission line or gas pipeline which is more
than one (1 ) mile in length shall be the only requirement for notification of property owners,
except as to notices which may be required by Section 24-65.5-103, C.R.S.
6. Refer the application for their review and comment to those referral agencies
deemed by the Department of Planning Services, in its sole discretion, to be appropriate
to the subject matter of the application. The agencies named shall respond within twenty-
eight (28) days after the electronic mailing of the application. The failure of any agency to
respond within twenty-eight (28) days may be deemed to be a favorable response to the
Planning Commission. The reviews and comments solicited by the referral agencies are
intended to provide the County with information about the proposed activity. The
Planning Commission and Board of County Commissioners may consider all such
reviews and comments and may solicit additional information if such information is
deemed necessary. The reviews and comments submitted by a referral agency are
recommendations to the County. The authority and responsibility for making the decision
to approve or deny the request for a permit pursuant to these Section 1041 Regulations
rest with the officials of the County.
ARTICLE III
Site Selection and Construction of Major Facilities of a Public Utility
Division 1
General and Introductory Provisions
Sec. 21-3-20. Definitions.
In addition to the terms defined in Section 21 - 1 -90 of this Code, the following terms
specific to the designation of site selection and construction of major facilities of a public utility
shall be construed to have the meanings set forth as follows:
Major.facilities of a public utility means the following (This definition includes all electrical
utilities' facilities, regardless of whether they are subject to the jurisdiction of the Colorado Public
Utilities Commission, which primarily generate and/or transmit electrical power to entities off-
site):
1 . Any transmission lines, power plants and substations of electrical utilities.
2. Any pipe_ines and storage areas of utilities providing natural gas or of ler petroleum
cerivatives to power plants and substations o= e .ectrica_ utilities.
2. Any appurtenant facilities of a public utility which in the opinion of the Board
either by itself or in conjunction with other major facilities of a public utility are likely to
cause a major impact upon the health, welfare or safety of the citizens of the County, or
upon the physical, social or economic environment of the County or this region.
natura_ gas or other petro_eum c erivatives of ten ( 10) inc les diameter or arger w lien creates
0
Div. 3.
Permit Program for Site Selection and
Construction of a Major Facility of a Public Utility
Sec. 21-3-330. Application submittal requirements.
B. Submittal requirements for all applications for a development permit for a major
facility of a public utility, where applicable:
5. The following items and information:
b. A sketch or map showing the following:
ii. For transmission lines or pipelines, provide a map showing all
existing transmission lines ( 115 kV or greater) or pipelines (ten-inch
diameter or greater) for a distance of two (2) miles beyond any reasonable
alternative studied.
17. A Decommissioning Plan. Adequate financial assurance to cover the
decommissioning of the facility may be required as a condition of approval of the
Decommissioning Plan.
44 18. Any other information required by the Board or the Planning Department
and communicated to the applicant at the preapplication conference. This limitation shall
not preclude the Board from requesting the applicant to provide additional information
during the public hearing on the application, in order to provide which the applicant shall
be granted reasonable continuances it the applicant so requests.
C. Specific submittal requirements. These additional requirements shall be imposed on
the applicant by the Planning Department, in such Department's sole discretion, if the Planning
Department determines that the need for the additional information is warranted by the size and
scope of the proposed project in order for the Board of County Commissioners to make an
informed decision on the application. It is the intention of these Regulations that the following
information shall be required only if the proposed project is of such size and scope that it is
reasonably likely to have significant environmental or social impacts on the County residents or
lands.
2. Environmental impact analysis.
c. Water resources:
iii Describe proposed sewage treatment facilities r�_t1c�- non point
source controls, if applicable.
iv. Describe po lutant oacs (point anc non point sources) expecte(
directly from the development Specie' seasonal variations if applicable
i Describe �os rater system, i f applicable, including:
a) Source of supply, volume and rate of flow at full
development.
b) Water rights owned or utilized.
�� � crersr�n and _n�2rnes �� r.�irts ��
diversion.
diversion.
el Tlerer+�nl�ilitr n.� s>>rnlir lrl�irsinal a_n�lerTnl �
f) Effects on downstream users.
a /Ait quality (r+o li ear facilities
1. Detail low many average dai_y trips wi__ be generated by the
proposal.
ii Describe atmospheric and metnor� ogica conditions in the impact
area, and the background ambient air quality:
1TI�no cribs any reg to not outputs nnticipnted from t e
C T,CiI�VGI TlT.7-CHILI' 'LrCG'R�TQ''ITI- -T_7'C-.
cevelopment and mitigation strategies, including any requirec control
devices:
ed. Significant environmentally sensitive factors:
fe. Visual aesthetics and nuisance factors:
gf. Transportation impacts:
lig. Less damaging alternatives:
3 . Comm>>nity impact analysis.
a. Public support facilities and impacts:-
�.} � J,nr com��m} unity or public c. pport �n , iti Alto G or t_e
„prroject, i11 �CTiot limited to police and fire protection
7
maintenance and educationa_ and lea t i services, and identify needs for
•mproyeme t or constr>>ctiop of new facilities ter progr_nms required fi r the
success of the project.
ii. Describe :low these neecs are proposes to be accomp_is Zed or
financed;
b. Impact on public finances:
i sc-riibeapital inv tment- in-the-fa� . e .
ii. Estimate anticipated revenues to local, state and federal
governments, and special districts:
in of ley rologic con s surface (impact areal
i. Provide men of�a,lll cT-Turrfac ` tter
" crGribe ex'peect urea ows fi 7Tcca y`ar wept ye'a,
�7T�'clude-seven .-lair ton year leer flouts where s fficient data existsl
iii.Describe�physical sere eat es (g `ie t, ye oc tCI y,dept ,,-etc •
iv. Provide data on c zemica_ anc bio_ogica_ qua_ity, inc using BOD,
dissolved Oa, free CO2, pH, TOS, pH tH alkalinity, MO alkalinity, NH3'
Leavy meta_s ane of ier toxic or de_eterious substances, if appropriate.
b. Description of hydrologic conditions subsurface (impact area), if
appropriate.
i. Map a ._ aquifers flat may be affected by tie project.
Provice tab_es, grains, map showing permeabi'ity, transmissibi_ity,
tt icknesss, col me, depth o f aquifero
rates, travel time to ground water surface.
iv. Map of a _ we_s using aquifers inc_uding diameter, f_ow rates.
v. Applicants seeking a permit for the site selection and
construction of a power plant s 1a__ submit, in ac dition to t nose
requirements set fort 3 above, a map locating and describing resource areas
to be utilized as sources of energy.
54; Applicants seeking a permit for the site selection and construction of
transmission lines or substations shall submit the following additional documents and
information:
ARTICLE IV
Site Selection and Construction of Arterial Highways, Interchanges, Collector Highways
(Including Private Toll Roads and Toll Highways), Mass Transit and Rapid Transit
Terminals, Stations and Fixed Guideways, and Areas Around Arterial Highways,
Interchanges, Collector Highways (Including Private Toll Roads and Toll Highways) and
Mass Transit and Rapid Transit Terminals, Stations and Fixed Guideways
Division 4
Permit Approval Criteria
Sec. 21 -4-420. Additional standards of approval for site selection of arterial highways,
interchanges, and collector highways (including private toll roads and toll highways).
In addition to the general permit approval criteria and the standards for approval of all
permit applications, proposed projects for site selection of arterial highways, interchanges and
collector highways (including private toll roads and toll highways), the applicant shall satisfy
these additional standards:
B. Multi-Model Modal Features. Other reasonable modes of transportation shall be
incorporated into the highway proposal, including bicycle, mass transit and pedestrian modes.
CHAPTER 23
Zoning
ARTICLE I
General Provisions
Sec. 23-1-90. Definitions.
For the purposes of this Chapter, certain terms or words used herein shall be interpreted as
defined in this Section. The following specific words and phrases, when appearing in this
Chapter in uppercase letters, shall have the meanings stated in this Section:
HOME BUSINESS: An incidental USE to the principal permitted USE for gainful
employment of the FAMILY residing on the property, where:
a. Such USE is conducted primarily within a DWELLING UNIT or ACCESSORY
STRUCTURE and principally carried on by the FAMILY resident therein.
b. Such USE is clearly incidental and secondary to the principal permitted USE and
shall not change the character thereof
A HOME BUSINESS shall not be interpreted to include the following: clinic,
HOSPITAL, nursing home, animal hospital, HOTEL/MOTEL, RESTAURANT, MEDICAL
MARIJUANA DISPENSARY, mortuary or organized classes where more than six (6)
persons meet together for instruction on a regular basis (does not include classes sponsored
by a PUBLIC SCHOOL).
HOME OCCUPATION: An incidental use of a DWELLING UNIT for gainful employment
of the resident therein, where:
a. Such USE is conducted entirely within a PRINCIPAL DWELLING UNIT and carried
on by the residents thereof and no others.
b. Such USE is clearly incidental and secondary to the USE of the dwelling for dwelling
purposes and shall not change the character thereof
c. The total area USED inside the DWELLING UNIT for such purposes does not exceed
three hundred (300) square feet.
d. There is no advertising or other indication of the HOME OCCUPATION on the LOT
or any STRUCTURE located on or ADJACENT to the LOT, with the exception that one (1)
nameplate shall be allowed which may display the name of the occupant and/or the name of
the HOME OCCUPATION where such nameplate does not exceed one (1) square foot in
area, shall be nonilluminated and attached flat to the main STRUCTURE or visible through a
window.
e. There is no exterior storage, display or sales of materials, goods, supplies or equipment
related to the operation of such HOME OCCUPATION nor of any highly explosive or
combustible materials.
f. There is no offensive noise, vibration, smoke, dust, odors, heat, glare or electrical
interference or other hazard or nuisance noticeable off the LOT.
g. If a commercial vehicle is associated with the home occupation, refer to Section
23-3-30.M of this Chapter.
A HOME OCCUPATION shall not be interpreted to include the following: clinic,
HOSPITAL, nursing home, animal hospital, HOTEL/MOTEL, RESTAURANT, MEDICAL
MARIJUANA DISPENSARY, mortuary, vehicle or boat repair (including painting) or
organized classes where more than six (6) persons meet together for instruction on a regular
basis (does not include classes sponsored by a PUBLIC SCHOOL).
MEDICAL MARIJUANA DISPENSARY: Means and inc udes t le USE of any property or
in accorcance wit Section II , Artie e XVT , of : 1e Co oraco ConsLi us:ion.
ARTICLE III
Zone Districts
Division 3
Commercial Zone Districts
Sec. 23-3-230. C-3 (Business Commercial) Zone District.
D. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be
constructed, occupied, operated and maintained in the C-3 Zone District upon approval of a
permit in accordance with the requirements of Article II, Division 4 of this Chapter.
10. MEDICAL MARIJUANA DISPENSARY, except that no such use shall be
allowed in the A (Agricultural) Zone District.
ARTICLE IV
Supplementary District Regulations and Zoning Permits
Division 10
Cultivation, Manufacture, Distribution or Sale of Medical Marijuana or Medical Marijuana-
Infused Products
Sec. 23-4-1000. Prohibition of cultivation, manufacture, distribution, or sale of medical
marijuana or medical marijuana-infused products in any zone district.
No STRUCTURE or tract of land in any of zone district in Weld County may be used for the
purpose of cultivation, manufacture, distribution, or sale of MEDICAL MARIJUANA or
MEDICAL MARIJUANA-INFUSED PRODUCTS, except when the person(s) performing such
use(s) are doing so incompliance with the terms, conditions, limitations, and restrictions in
Section 14 of Article XVIII of the Colorado Constitution, or when acting as a primary caregiver
in compliance with the terms, conditions, limitations, and restrictions of Section 25- 1 .5- 106
C.R.S.
Sec. 23-4-1010. Prohibition of the operation of medical marijuana centers, optional
premises cultivation operations, and medical marijuana-infused products manufacturers'
licenses in any zone district.
No STRUCTURE or tract of land in any of zone district in Weld County may be used for the
purpose of the operation of MEDICAL MARIJUANA CENTERS, OPTIONAL PREMISES
CULTIVATION OPERATIONS, and MEDICAL MARIJUANA-INFUSED PRODUCTS
MANUFACTURERS' LICENSES.
Sec. 23-4-1020. Definitions.
As used in this Division, the words and phrases set forth below have the following definitions:
MEDICAL MARIJUANA: Marijuana that is grown and sold pursuant to the provisions of
Article 43 .3, Title 12 of the Colorado Revised Statutes (C.R.S.) and for a purpose authorized
by Section 14 of Article XVIII of the Colorado Constitution.
MEDICAL MARIJUANA CENTER: A person licensed pursuant to Article 43.3, Title 12
of the Colorado Revised Statutes (C.R.S.) to operate a business as described in Section 12-
43 .3-402 C.R.S. that sells MEDICAL MARIJUANA to registered patients or primary
caregivers as defined in Section 14 of Article XVIII of the Colorado Constitution, but is not a
primary caregiver.
MEDICAL MARIJUANA-INFUSED PRODUCT: A product infused with MEDICAL
MARIJUANA that is intended for use or consumption other than by smoking, including, but
not limited to, edible products, ointments, and tinctures.
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURER: A person licensed
pursuant to Article 43 .3, Title 12 of the Colorado Revised Statutes (C.R.S.) to operate a
business as described in Section 12-43 .3-404, C.R.S.
OPTIONAL PREMISES CULTIVATION OPERATION: A person licensed pursuant to
Article 43 .3, Title 12 of the Colorado Revised Statutes (C.R.S.) to operate a business as
described in Section 12-43 .3-403, C.R.S.
CHAPTER 23
Zoning
ARTICLE I
General Provisions
Sec. 23-1-80. Implementation procedures.
A. Repeal of Previous Zoning Resolution: Applicable only to 1981 Redistricting. The
Official Weld County Zoning Resolution adopted May 29, 1961 , was repealed on August 18,
1981 . The Official Weld County Zoning map in hard copy is replaced with the digitized version
of this map that is maintained in joint cooperation with the Weld County Assessor's Office and
the Weld County GIS office. The digitized map is available electronically through the Weld
County webpage and is recorded in hardcopy once each year. The maps accompanying the
repealed Official Weld County Zoning Resolution shall be amended according to the redistricting
procedures in Subsection B of this Section. The Weld County Flood Hazard Overlay District
Zoning Maps, recorded April 22, 1980, in Book 901 , Reception Numbers 1822844 through
1822908, inclusive; and the Geologic Hazard Area Map of Potential Ground Subsidence Areas in
the County recorded May 22, 1978, in Book 832, Reception Number 1754240, are not repealed
or amended by this Section. The repeal of the Official Weld County Zoning Resolution shall not
prevent the prosecution and punishment of any person for any violation committed prior to its
repeal and map amendment. The repeal of the Zoning Resolution shall not affect or repeal any
conditions or standards imposed as a condition for approval of any land use decision by the
Board of County Commissioners prior to the effective date of the Zoning Ordinance codified
herein and any amendment thereto.
Sec. 23-1-90. Definitions.
For the purposes of this Chapter, certain terms or words used herein shall be interpreted
as defined in this Section. The following specific words and phrases, when appearing in this
Chapter in uppercase letters, shall have the meanings stated in this Section:
ANTENNA (This definition app ies on:y when used in reference to Section 23 / 800.): An
Commercial TELECOMMUNICATION ANTENNA TOWER signals. Antenna as used in this
Section does not include radio or television TELECOMMUNICATION ANTENNA TOWERS
or transmitters.
ANTENNA, ATTACHED (This definition applies only when used in reference to Section 23
X1800.): An antenna mounted on an existing building, silo, smokestack, water
TELECOMMUNICATION ANTENNA TOWER, utility or power pole or a support structure
oe iler t 'Ian an antenna 7 ✓CON M_UN=CAN=ON AN?ENNA ?OW72,R.
ANTENNA, CONCEALED (This definition applies only when used in reference to Section
antennas and/or TELECOMMUNICATION ANTENNA TOWERS from public view in a
antennas inc uce man mace trees, c_oc{ 7ELECOMM_UNICAN=ON AN7ENNA 7OWERS,
f7nnr �lnn � 4>>rnc cfonr►�nc nt � r�rn���r ��tcnta
flagp li truc , .
ANTENNA SETBACK (This definition applies only w ien used in reference to Section 23
antennas, reflectors, dishes and other appurtenances.
ANTENNA TELECOMMUNICATION ANTENNA TOWER: A freestanding structure,
including monopole, guyed and lattice TELECOMMUNICATION ANTENNA TOWERS,
equipment.
ANTENNA TELECOMMUNICATION ANTENNA TOWER HEIGHT (This definition
point of the TELECOMMUNICATION ANTENNA TOWER. Overall antenna
TELECOMMUNICATION ANTENNA TOWER height includes the base pad, mounting
BREWERY: Any establishment licensed pursuant to the provisions of Article 47, Title 12
of the Colorado Revised Statutes, where malt liquors are manufactured, except brew pubs.
Malt liquors include beer and shall be construed to mean any beverage obtained by the
alcoholic fermentation of any infusion or decoction of barley, malt, hops, or any other similar
product, or any combination thereof; in water containing more than three and two-tenths
percent of alcohol by weight or four percent alcohol by volume.
BREW PUB: A retail establishment licensed pursuant to the provisions of Article 47,
Title 12 of the Colorado Revised Statutes, that manufactures not more than one million eight
hundred sixty thousand gallons of malt liquor on its licensed premises or licensed alternating
proprietor licensed premises, combined, each calendar year. Malt liquors include beer and
shall be construed to mean any beverage obtained by the alcoholic fermentation of any
infusion or decoction of barley, malt, hops, or any other similar product, or any combination
thereof, in water containing more than three and two-tenths percent of alcohol by weight or
four percent alcohol by volume.
CO LOCATION (T its c efinition applies on y when usec in reference to Section 23 1
TELECOMMUNICATION ANTENNA TOWER provider on a single structure.
COMMERCIAL TELECOMMUNICATION ANTENNA TOWER: Telecommunications
and wireless Internet access.
COMMERCIAL TELECOMMUNICATION ANTENNA TOWER FACILITY (This
TELECOMMUNICATION ANTENNA TOWER services. This includes but is not limited to
cables and wires, conduits, pedestals, antennas, TELECOMMUNICATION ANTENNA
TOWERS, concealed structures, electronic devi equip e t bu lrling and c.,binets
rands , enci„n screens g and parking areas.
DISTILLERY: Any establishment licensed pursuant to the provisions of Article 47, Title
12 of the Colorado Revised Statutes, where spirituous liquors are manufactured. Spirituous
liquors include any alcohol beverage obtained by distillation, mixed with water and other
substances in solution, and includes among other things brandy, rum. whiskey, gin, and every
liquid or solid, patented or not, containing at least one-half of one percent alcohol by volume
and which is fit for use for beverage purposes. Any liquid or solid containing beer or wine in
combination with any other liquor, except as provided in Section 12-47- 103 ( 19) and (39),
C.R.S., shall not be construed to be fermented malt or malt or vinous liquor but shall be
construed to be spirituous liquor.
HOME OCCUPATION: An incidental use of a DWELLING UNIT for gainful
employment of the resident therein, where:
a. Such USE is conducted entirely within a PRINCIPAL DWELLING UNIT and
^,,rrie,� ^„ by the reside ►ts thereo f nr,rl „o others. Whether a Class I or Class II, a HOME
OCCUPATION may utilize up to 50% of a DWELLING UNIT and/or in a detached
ACCESSORY BUILDINGS with appropriate building permits provided the total area
utilized does not exceed 1000 square feet.
b. Such USE is clearly incidental and secondary to the USE of the dwelling for
dwelling purposes and shall not change the character thereof.
c. The total area USED inside the DWELLING UNIT for such purposes does not
exceed three hundred (300) square feet. Hours of operation for public access shall be
limited between 7 a.m. and 7 p.m.
d. There is no acvertising or other indication of the HOME OCCUPATION on the
tie name of tie HOME OCCUPATION wiere sue 1 namep_ate does not exceed one ( 1 )
or visible through a window. There is no exterior storage, display or sales of materials,
goods, supplies or equipment related to the operation of such HOME OCCUPATION nor
of any highly explosive or combustible materials.
e.
E quipme t re ted•-to the operation-vfsuc �r�i (1!''C P A TION nor of any 1, ighly
explosive „r ^^., bustible materials. Does not create any negative impacts to the public
health, safety and general welfare of the adjacent property owners such as little or no
offensive noise, vibration, smoke, dust, odors, lighting, traffic congestion, trash
accumulation, heat, glare or electrical interference or other hazard or nuisance noticeable
off the LOT.
f: There s no-offensive noise, vibration, smoke, cust, odors, seat, g_are or electrica
interference or of aer liazarc or nuisance noticeable off tie LOT. HOME OCCUPATIONS
shall maintain compliance with Health, Building and all other applicable local, state and
federal regulations.
g. If a commercial vehicle is associated with the home occupation. refer to Section
23 3 30.M of this Chapter.
Ordinarily, a HOME OCCUPATION shall not be interpreted to include the following:
clinic, HOSPITAL, nursing home, animal hospital, HOTEL/MOTEL, RESTAURANT,
mortuary, vehicle or boat repair (including painting), and organized classes where more
than six (6) persons meet together for instruction on a regular basis (does not include
classes sponsored by a PUBLIC SCHOOL).
CLASS I
A HOME OCCUPATION - CLASS ONE shall be conducted solely by the inhabitants of
the DWELLING UNIT and comply with all criteria called out in the HOME
OCCUPATION definition. The site shall not be accessible by the public. Signage: May
consist of a maximum of one (1 ) non-illuminated sign no more than 1 (one) square feet in
size which must be attached to the face of the DWELLING UNIT. Ordinarily, a HOME
OCCUPATION - CLASS ONE shall include similar uses to home office (no customers),
cake decoration, and internet sales, etc.
CLASS II
A HOME OCCUPATION - CLASS TWO shall be conducted by the inhabitants of the
DWELLING UNIT plus up to 2 (two) external employees and comply with all criteria
called out in the HOME OCCUPATION definition. 4- (one) 2 (two) associated
COMMERCIAL VEHICLES can be included under this application. There shall only be
incidental sales of stocks, supplies or products conducted on the premises. Signage: May
consist of a maximum of one (1 ) non-illuminated sign no more than 9 (nine) square feet
in size which must be attached to the face of the DWELLING UNIT. Does not produce
traffic volumes exceeding that produced by the DWELLING UNIT by more than 16
average daily trips provided adequate off-street parking is provided. Please keep in mind
that one vehicle produces two trips-one when arriving and one when leaving. Therefore,
an average of only eight cars can come to the property per day. Trips include those
produced by the residents for any purpose related to conducting the business, the one
employee, clients, deliveries related to the business, et cetera. Ordinarily, a HOME
OCCUPATION - CLASS TWO shall include uses similar to Hair Salon, Day Care (8 or
fewer children under the age of 16), welding shop, Tax Preparation with customers, et
cetera provided it meets the criteria set forth.
MAJOR FACILITIES OFA PUBLIC UTILITY OR PUBLIC AGENCIES: Public Utilities
or Public Agencies operating or constructing a mine, ELECTRIC TRANSMISSION LINES,
commercia racio transmission TELECOMMUNICATION ANTENNA TOWERS, ce_u. ar
anc other wireless communication :ELECOMMUN=CA:ION ANTENNA TOWERS,
domestic water storage facilities, POWER PLANTS, SUBSTATIONS of electrical utilities,
wastewater treatment facilities, water treatment facilities, including extensions, expansions or
enlargements thereof; STORAGE AREAS of utilities providing electricity, water, wastewater
and natural gas or other petroleum derivatives, including extension, expansions or
enlargements thereof; PIPELINES of utilities providing natural gas or other petroleum
derivatives, including extensions, expansions or enlargements thereof; road, park or other
public way, ground or space, public building or structure or public utility, whether publicly or
privately owned.
WINERY: Any establishment licensed pursuant to the provisions of Article 47, Title 12
of the Colorado Revised Statutes, where vinous liquors are manufactured; except a vintner's
restaurant licensed pursuant to Section 12-47-420, C.R.S. Vinous liquors include wine and
fortified wines that contain not less than one-half of one percent and not more than twenty-
one percent alcohol by volume and shall be construed to mean an alcohol beverage obtained
by the fermentation of the natural sugar contents of fruits or other agricultural products
containing sugar.
ARTICLE II
Procedures and Permits
Division 5
Special Review Permits for Major Facilities
of Public Utility or Public Agency
Sec. 23-2-370. Application requirements.
An adequate number of copies of the application for a Special Review Permit shall be
submitted by the applicant to the Department of Planning Services. An application for a Special
Review Permit shall contain the following information in such form as prescribed by the
Department of Planning Services:
D. A detailed report shall be submitted which includes information on the following
items:
13. A Decommissioning Plan. Adequate financial assurance to cover the
decommissioning of the facility may be required as a condition of approval of the
Decommissioning Plan.
ARTICLE III
Zone Districts
Division 1
A (Agricultural) Zone District
Sec. 23-3-20. Uses allowed by right.
No BUILDING, STRUCTURE or land shall be USED and no BUILDING or
STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the A
(Agricultural) Zone District except for one (1) or more of the following USES. Land in the A
(Agricultural) Zone District is subject to the schedule of bulk requirements contained in Section
23-3-50 below. USES within the A (Agricultural) Zone District shall also be subject to the
additional requirements contained in Articles IV and V of this Chapter.
U. Commercial towers One ( 1 ) TELECOMMUNICATION ANTENNA TOWER
and/or one ( 1 ) AMATEUR RADIO ANTENNA/TOWER subject to the provisions of Article IV,
Division 9 of this Chapter. However, one ( " ) amateur (HAM) racio operator's cramc up antenna
.,ot exceed seventy (70) feet in height
AA. County Grader Shed, except in or adjacent to a platted subdivision or townsite.
Sec. 23-3-30. Accessory uses.
The following BUILDINGS, STRUCTURES and USES shall be allowed in the A
(Agricultural) Zone District so long as they are clearly incidental and ACCESSORY to the Uses
Allowed By Right in the A (Agricultural) Zone District. Such BUILDINGS, STRUCTURES and
USES must be designed, constructed and operated in conformance with the bulk requirements
contained in Section 23-3-50 below. ACCESSORY USES within the A (Agricultural) Zone
District shall also be subject to the additional requirements contained in Articles IV and V of this
Chapter. Note: The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS
constructed after the original effective date of this Chapter (August 25, 1981 ) on LOTS in an
approved or recorded subdivision plat or LOTS part of a map or plan filed prior to adoption of
any regulations controlling subdivisions of less than ten ( 10) acres shall not exceed four percent
(4%) of the total lot area, except when a greater percentage is allowed pursuant to covenants or
home owners association rules, and except in Regional Urbanization Areas, which shall adhere to
RUA development standards. However, in no case s_ia__ such an accessory bui ding exceec twice
or restored in total.
D. HOME OCCUPATIONS - CLASS I shall comply with Section 23- 1 -90 and
CLASS II shall comply with Section 23- 1 -90 and Article IV, Division 12 of this Chapter.
O. TELECOMMUNICATION ANTENNA TOWER(S), which require the issuance
of a Zoning Permit for a TELECOMMUNICATION ANTENNA TOWER, subject to the
provisions of Article IV, Division 10 of this Chapter.
P. SECOND SINGLE-FAMILY DWELLING, subject to the additional requirements
of Article IV, Division 8 of this Chapter.
Sec. 23-3-40. Uses by special review.
The following BUILDINGS, STRUCTURES and USES may be constructed, occupied,
operated and maintained in the A (Agricultural) Zone District upon approval of a permit in
accordance with the requirements and procedures set forth in Article II, Division 4 of this
Chapter.
E. PUBLIC and quasi PUBLIC BUILDINGS including:
4. County Grader shed in or adjacent to a platted subdivision or townsite.
L. TELECOMMUNICATION ANTENNA TOWERS which require a Use by
Special Review Permit, subject to the provisions of Article IV, Division 10 of this Chapter.
Division 3
Commercial Zone Districts
Sec. 23-3-210. C-1 (Neighborhood Commercial) Zone District.
B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED
and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or
maintained in the C- 1 Zone District except for one ( 1 ) or more of the following USES, which
must be conducted in ENCLOSED BUILDINGS and in compliance with the performance
standards contained in Section 23-3-250 below. No outside storage will be allowed in the C- 1
Zone District. USES within the C- 1 Zone District shall also be subject to additional requirements
contained in Articles IV and V of this Chapter.
13 . One ( 1 ) TELECOMMUNICATION ANTENNA TOWER subject to the
provisions of Article IV, Division 10 of this Chapter.
C. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be
allowed in the C- 1 Zone District so long as they are clearly incidental and ACCESSORY to the
Uses Allowed by Right. Such BUILDINGS, STRUCTURES and USES must be designed,
constructed and operated in conformance with the performance standards contained in Section
23-3-250 below. ACCESSORY USES within the C- 1 Zone District shall also be subject to
additional requirements contained in Articles IV and V of this Chapter.
6. TELECOMMUNICATION ANTENNA TOWER(S), which require the
issuance of a Zoning Permit for a TELECOMMUNICATION ANTENNA TOWER,
subject to the provisions of Article IV, Division 10 of this Chapter.
D. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES
may be constructed, occupied, operated and maintained in the C- 1 Zone District upon approval of
a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of
this Chapter.
11 . TELECOMMUNICATION ANTENNA TOWER(S), which require a Use
by Special Review Permit, subject to the provisions of Article IV, Division 10 of this
Chapter.
Sec. 23-3-220. C-2 (General Commercial) Zone District.
B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED
and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or
maintained in the C-2 Zone District except for one ( 1 ) or more of the following USES, which
must be ENCLOSED and conducted in compliance with the performance standards contained in
Section 23-3-250 below. No outside storage will be allowed in the C-2 Zone District. USES
within the C-2 Zone District shall also be subject to additional requirements contained in Articles
IV and V of this Chapter.
One ( 1 ) TELECOMMUNICATION ANTENNA TOWER subject to the
provisions of Article IV, Division 10 of this Chapter.
C. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be
allowed in the C-2 Zone District so long as they are clearly incidental and ACCESSORY to the
Uses Allowed by Right. Such BUILDINGS, STRUCTURES and USES must be designed,
constructed and operated in conformance with the performance standards contained in Section
23-3-250 below. ACCESSORY USES within the C-2 Zone District shall also be subject to
additional requirements contained in Articles IV and V of this Chapter.
6. TELECOMMUNICATION ANTENNA TOWER(S), which require the
issuance of a Zoning Permit for a TELECOMMUNICATION ANTENNA TOWER,
subject to the provisions of Article IV, Division 10 of this Chapter.
D. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES
may be constructed, occupied, operated and maintained in the C-2 Zone District upon approval of
a permit in accordance with the requirements of Article II, Division 4 of this Chapter.
r -HI. TELECOMMUNICATION ANTENNA TOWER(S), which require a Use
by Special Review Permit, subject to the provisions of Article IV, Division 10 of this
Chapter.
Sec. 23-3-230. C-3 (Business Commercial) Zone District.
B. Uses Allowed by Right. No BUILDINGS, STRUCTURES or land shall be USED
and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or
maintained in the C-3 Zone District except for one ( 1 ) or more of the following USES which
must be conducted in compliance with performance standards contained in Section 23-3-250
below. USES within the C-3 Zone District shall also be subject to additional requirements
contained in Articles IV and V of this Chapter.
1 (915.. One (1 ) TELECOMMUNICATION ANTENNA TOWER subject to the
provisions of Article IV, Division 10 of this Chapter.
C. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be
allowed in the C-3 Zone District so long as they are clearly incidental and ACCESSORY to the
Uses Allowed by Right. Such BUILDINGS, STRUCTURES and USES must be designed,
constructed and operated in conformance with the performance standards contained in Section
23-3-250 below. ACCESSORYUSES within the C-3 Zone District shall also be subject to
additional requirements contained in Articles IV and V of this Chapter.
5. TELECOMMUNICATION ANTENNA TOWER(S), which require the
issuance of a Zoning Permit for a TELECOMMUNICATION ANTENNA TOWER
subject, to the provisions of Article IV, Division 10 of this Chapter.
D. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES
may be constructed, occupied, operated and maintained in the C-3 Zone District upon approval of
a permit in accordance with the requirements of Article II, Division 4 of this Chapter.
1r'r'& TELECOMMUNICATION ANTENNA TOWER(S), which require a Use
by Special Review Permit, subject to the provisions of Article IV, Division 10 of this
Chapter.
Sec. 23-3-240. C-4 (Highway Commercial) Zone District.
B. Uses by Right. No BUILDINGS, STRUCTURES or land shall be USED and no
BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or
maintained in the C-4 Zone District except for one (1 ) or more of the following USES which
must be conducted in conformance with performance standards contained in Subsection F below.
USES within the C-4 Zone District shall also be subject to additional requirements contained in
Articles IV and V of this Chapter.
9. One (1) TELECOMMUNICATION ANTENNA TOWER subject to the
provisions of Article IV, Division 10 of this Chapter.
C. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be
allowed in the C-4 Zone District so long as they are clearly incidental and ACCESSORY to the
Uses Allowed by Right. Such BUILDINGS, STRUCTURES and USES must be designed,
constructed and operated in conformance with the performance standards contained in Section
23-3-250 below. ACCESSORY USES within the C-4 Zone District shall also be subject to
additional requirements contained in Articles IV and V of this Chapter.
9. TELECOMMUNICATION ANTENNA TOWER(S), which require the
issuance of a Zoning Permit for a TELECOMMUNICATION ANTENNA TOWER,
subject to the provisions of Article IV, Division 10 of this Chapter.
D. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES
may be constructed, occupied, operated and maintained in the C-4 Zone District upon approval of
a permit in accordance with the requirements of Article II, Division 4 of this Chapter:
C 1 ., TELECOMMUNICATION ANTENNA TOWER(S), which require a Use
by Special Review Permit, subject to the provisions of Article IV, Division 10 of this
Chapter.
Division 4
Industrial Zone Districts
Sec. 23-3-310. 1-1 (Industrial) Zone District.
B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be used in
the I-1 Zone District, and no BUILDING or STRUCTURE shall hereafter be erected, structurally
altered, enlarged or maintained, except for one (1 ) or more of the following USES. The USES
must be conducted in compliance with the Performance Standards contained in Sections 23-3-
340, 23-3-350 and 23-3-360 below.
1� 'N. One (1 ) TELECOMMUNICATION ANTENNA TOWER subject to the
provisions of Article IV, Division 10 of this Chapter.
C. Accessory Uses. The BUILDINGS, STRUCTURES and USES may be allowed in
the I- 1 Zone District so long as they are incidental and ACCESSORY to the Uses Allowed by
Right. Such BUILDINGS, STRUCTURES and USES must be designed, constructed and
operated in conformance with the performance standards set forth in Sections 23-3-340, 23-3-350
and 23-3-360 below.
9. TELECOMMUNICATION ANTENNA TOWER(S), which require the
issuance of a Zoning Permit for a TELECOMMUNICATION ANTENNA TOWER,
subject to the provisions of Article IV, Division 10 of this Chapter.
D. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES
may be constructed, occupied or maintained in the I- 1 Zone District upon the approval of a
permit in accordance with the requirements and procedures set forth in Article II, Division 4 of
this Chapter.
10. TELECOMMUNICATION ANTENNA TOWER(S), which require a Use
by Special Review Permit, subject to the provisions of Article IV, Division 10 of this
Chapter.
Sec. 23-3-320. I-2 (Industrial) Zone District.
B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED
and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or
maintained, except for one ( 1 ) or more of the following USES which must be conducted in
compliance with the performance standards contained in Sections 23-3-340, 23-3-350 and 23-3-
360 below.
11 . One ( 1 ) TELECOMMUNICATION ANTENNA TOWER subject to the
provisions of Article IV, Division 10 of this Chapter.
C. Accessory Uses. The following BUILDINGS, STRUCTURES and USES may be
allowed in the I-2 Zone Districts so long as they are clearly incidental and ACCESSORY to the
Use Allowed by Right. Such BUILDINGS, STRUCTURES and USES must be designed,
constructed and operated in conformance with the performance standards set forth in Sections
23-3-340, 23-3-350 and 23-3-360 below.
9. TELECOMMUNICATION ANTENNA TOWER(S), which require the
issuance of a Zoning Permit for a TELECOMMUNICATION ANTENNA TOWER,
subject to the provisions of Article IV, Division 10 of this Chapter.
D. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES
may be constructed, occupied or maintained in the I-2 Zone District upon the approval of a
permit in accordance with the requirements and procedures set forth in Article II, Division 4 of
this Chapter.
8. TELECOMMUNICATION ANTENNA TOWER(S), which require a Use
by Special Review Permit, subject to the provisions of Article IV, Division 10 of this
Chapter.
Sec. 23-3-330. I-3 (Industrial) Zone District.
B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED
and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or
maintained, except for one ( 1 ) or more of the following USES which must be conducted in
compliance with the performance standards contained in Sections 23-3-340, 23-3-350 and 23-3-
360 below.
12. One ( 1 ) TELECOMMUNICATION ANTENNA TOWER subject to the
provisions of Article IV, Division 10 of this Chapter.
C. Accessory Uses. The following BUILDINGS, STRUCTURES and USES may be
allowed in the I-3 Zone Districts so long as they are clearly incidental and accessory to the Use
Allowed by Right. Such BUILDINGS, STRUCTURES and USES must be designed, constructed
and operated in conformance with the performance standards set forth in Sections 23-3-340, 23-
3-350 and 23-3-360 below.
9. TELECOMMUNICATION ANTENNA TOWER(S), which require the
issuance of a Zoning Permit for a TELECOMMUNICATION ANTENNA TOWER,
subject to the provisions of Article IV, Division 10 of this Chapter.
D. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES
may be constructed, occupied or maintained in the I-3 Zone District upon the approval of a
permit in accordance with the requirements and procedures set forth in Article II, Division 4 of
this Chapter.
9. TELECOMMUNICATION ANTENNA TOWER(S), which require a Use
by Special Review Permit, subject to the provisions of Article IV, Division 10 of this
Chapter.
Division 2
Residential Zone Districts
Sec. 23-3-110. R-1 (Low-Density Residential) Zone District.
C. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be
allowed in the R- 1 Zone District so long as they are clearly incidental and ACCESSORY to the
Uses Allowed by Right in the R- 1 Zone District. Such BUILDINGS, STRUCTURES and USES
must be designed, constructed and operated in conformance with the bulk requirements contained
in Section 23-3- 160 below. ACCESSORY USES within the R- 1 Zone District are also subject to
the additional requirements contained in Articles IV and V of this Chapter. Note: The combined
GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed after the original
effective date of this Chapter (August 25, 1981 ) on LOTS in an approved or recorded subdivision
plat or LOTS part of a map or plan filed prior to adoption of any regulations controlling
subdivisions of less than ten ( 10) acres shall not exceed four percent (4%) of the total lot area,
except when a greater percentage is allowed pursuant to covenants or home owners association
rules, and except in Regional Urbanization Areas, which shall adhere to RUA development
standards. However, in no case shall such an accessory building exceed twice the gross floor area
of the primary residence on the lot except by variance. Any accessory structure made
nonconforming by application of this Section may be repaired, replaced or restored in total.
4. HOME OCCUPATIONS - CLASS 1 shall be the only permissible form of
HOME OCCUPATIONS allowed in all Residential Zone Districts and shall comply with
Section 23- 1 -90.
S. Parking and operation of one ( 1 ) commercial vehicle from the property,
providec t Zat suc 1 parking anc operation are permitted t irougn Section 23 / 950 of t Zis
Code.
ARTICLE IV
Supplementary District Regulations and Zoning Permits
Division 8
Second Single-Family Dwelling in the (A) Agricultural Zone District
Sec. 23-4-600. Permit requirements.
No second SINGLE-FAMILY DWELLING on a LEGAL LOT in (A) Agricultural Zone
District shall be allowed without first receiving an approved zoning permit as required by this
Division. The intent of allowing is to allow a second SINGLE-FAMILY DWELLING on a LEGAL
LOT in (A) Agricultural Zone District is to provice for fami_y anc caregivers to dwe _ on fie same
LEGAL LOT. An application for any zoning permit for a second SINGLE-FAMILY DWELLING on
a LEGAL LOT in (A) Agricultural Zone District shall include the following:
A. Name, address and telephone number of the applicant.
B. Name, address and telephone number of the owner of the land if different from
Subsection A above.
C. Evidence of interest in the subject land held by the applicant if the applicant is not the
owner of the land.
D. A legal description of the property for which the application is made.
E. Number of acres of the property.
F. A sketch plan of the site at the scale of one ( 1 ) inch represents fifty (50) feet or other
suitable scale to show:
1 . The proposed location of the second SINGLE-FAMILY DWELLING,
including distances from the property LOT lines and other STRUCTURES on the property.
2. Access to the second SINGLE-FAMILY DWELLING indicating whether the
access is existing or proposed. (Access shall be shown on the sketch plan and shall be shared
to the extent possible. Existing accesses shall be preferred.)
3. Location and measurements of any easements or rights-of-way.
4. Amount of road frontages.
5. Identification of any county, state or federal roads or highways.
6. Existing STRUCTURES on the property.
G. Methods of disposal of sewage or other wastes in compliance with the requirements
of the Colorado Department of Public Health and Environment and the County Department of Public
Health and Environment.
H. Methods of supplying water in such a manner as to be adequate in quality, quantity
and dependability for the proposed use.
I. An application fee.
,T. The requirements of this Division 8 require the applicant to provide a certified list of
the names, addresses and the corresponding Parcel Identification Number assigned by the County
Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property
lines of the parcel to where the mobile home shall be placed. The source of such list shall be the
records of the County Assessor, or an ownership update from a title or abstract company or attorney,
derived from such records or from the records of the County Clerk and Recorder. If the list was
assembled from the records of the County Assessor, the applicant shall certify that such list was
assembled within thirty (30) days of the application submission date.
K. Notification responses of at least thirty percent (30%) of surrounding property owners
within five hundred (500) feet of the subject property in opposition to the location of the second
SINGLE-FAMILY DWELLING.
Sec. 23-4-610. Approval process.
A zoning permit for a second SINGLE-FAMILY DWELLING on a LEGAL LOT in the A
(Agricultural) Zone District may be issued by the Department of Planning Services if the application
meets the criteria stated in Paragraphs A. l through A.4 below and Section 23-4-620 of this Division.
A. The Board of County Commissioners shall hear the application at a regularly
scheduled meeting of the Board, if the application does not meet the criteria stated in Paragraphs 1
through 4 below and Section 23-4-620 of this Division. The Board of County Commissioners shall
give notice of the application for a zoning permit and the meeting date to those persons listed in the
application as owners of property located within five hundred (500) feet of the parcel under
consideration. Such notification shall be mailed, first class, not less than ten ( 10) days before the
scheduled meeting. Such notice is not required by state statute and is provided as a courtesy to
surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying
such list or the Department of Planning Services in sending such notice shall not create a
jurisdictional defect in the permit process, even if such error results in the failure of a surrounding
property owner to receive such notification. The Department of Planning Services shall post a sign
for the applicant on the property in question indicating that a second SINGLE-FAMILY
DWELLING has been requested for the property, the meeting date and telephone number where
further information may be obtained. The sign shall be posted at least ten ( 10) days prior to the
meeting date and evidenced with a photograph. The Board ofCounty Commissioners shall consider
any testimony of surrounding property owners concerning the effects of the second SINGLE-
FAMILY DWELLING on surrounding property. The Board of County Commissioners shall also
consider the following factors in reviewing applications for a permit for a second SINGLE-FAMILY
DWELLING:
1 . Compatibility with surrounding area, harmony with the character of the
NEIGHBORHOOD and its effects upon the immediate area.
2. Compatibility with Chapter 22 of this Code.
3 . Availability of adequate water and sewage disposal facilities.
4. The general health, safety and welfare of the inhabitants of the area and the
COUNTY.
B. Only one ( 1 ) zoning permit for a second SINGLE-FAMILY DWELLING may be
issued for each LEGAL LOT in the A (Agricultural) Zone District in the County.
Sec. 23-4-620. Delegation of authority.
The Board of County Commissioners delegates the authority to issue a Zoning Permit for a
second SINGLE-FAMILY DWELLING on a LEGAL LOT in the A (Agricultural) Zone District
which otherwise requires the approval of the Board of County Commissioners through a public
hearing process to the Department of Planning Services upon a determination by the Department
that:
A. The applicant is in compliance with the criteria identified in this Division 8.
B. The Department of Planning Services has sent notice and received signed
notification of at least thirty percent (30%) of surrounding property owners within five hundred
(500) feet of the subject property in opposition to the location of the second SINGLE-FAMILY
DWELLING. The petition shall indicate that the surrounding property owners who have signed
the notification have objections to the issuance of a zoning permit for the second SINGLE-
FAMILY DWELLING. Any notice not received within twenty-eight (28) days shall be deemed a
positive response of said request.
Division 8 9
Miscellaneous Regulations
Division 9 10
Commercial Antennas and Towers
Sec. 23-4-800. Commercial tower Purpose.
The purpose of this Division is to accommodate the increasing wireless communication needs
of County residents, businesses and visitors while protecting the public health, safety, general
welfare and visual environment of the County by:
A. Enhancing the ability to provide wireless services to County residents, businesses and
visitors.
B. Simplifying and shortening the process for obtaining necessary permits for antennas
and TELECOMMUNICATION ANTENNA TOWERS Commercial tower facilities, while
protecting the legitimate interests of County residents.
C. Protecting the County's environmental resources and visual environment from the
potentially adverse visual effects of antennas and TELECOMMUNICATION ANTENNA TOWERS
Commercial *over facil t y development through careful design and siting standards.
D. Reducing the number of TELECOMMUNICATION ANTENNA TOWERS needed
to serve the County by requiring TELECOMMUNICATION ANTENNAS facilities to be placed on
existing structures wherever possible and requiring CO-LOCATION of telecommunication
Commercial tower providers on existing and new TELECOMMUNICATION ANTENNA
TOWERS.
E. Using performance standards and incentives to promote location of
TELECOMMUNICATION ANTENNAS Commercial tower facilities on concealed structures
and existing buildings and TELECOMMUNICATION ANTENNA TOWERS.
Sec. 23-4-805. Definitions.
For the purposes of this Chapter, certain terms or words used herein shall be interpreted
as defined in this Section. The following specific words and phrases, when appearing in this
Chapter in uppercase letters, shall have the meanings stated in this Section:
AMATEUR RADIO ANTENNA/TOWER: A structure, including cables, guy wires, or
other structural supports, on which an antenna is installed for the exclusive purpose of
transmitting and receiving non-commercial radio signals without remuneration, and which is
operated by an amateur radio operator licensed by the Federal Communications Commission.
All AMATEUR RADIO ANTENNA/TOWERS are considered to be accessory structures.
AMATEUR RADIO ANTENNA/TOWERS provide a valuable and essential
telecommunication service during periods of natural disasters and other emergency
conditions.
CO-LOCATION: Locating TELECOMMUNICATION ANTENNAS or other wireless
communications equipment for more than one (1 ) provider on a single structure.
TELECOMMUNICATION ANTENNA : An exterior transmitting or receiving device used
in telecommunications that radiates or captures telecommunication signals.
TELECOMMUNICATION ANTENNA, ATTACHED: An antenna mounted on an existing
building, silo, smokestack, water tower, utility or power pole or a support structure other than
a TELECOMMUNICATION ANTENNA TOWER.
TELECOMMUNICATION ANTENNA, CONCEALED: An antenna with a support
structure that screens or camouflages the presence of antennas and/or
TELECOMMUNICATION ANTENNA TOWERS from public view in a manner appropriate
to the site's context and surrounding environment. Examples of concealed antennas include
man-made trees, clock towers, flagpoles, light structures, steeples and similar objects.
TELECOMMUNICATION FACILITIES: Include TELECOMMUNICATION
ANTENNAS; TELECOMMUNICATION ANTENNAS, ATTACHED;
TELECOMMUNICATION ANTENNAS, CONCEALED; and TELECOMMUNICATION
ANTENNA TOWERS.
TELECOMMUNICATION ANTENNA SETBACK: The distance between a property line
and the footprint of the antenna structure, including antennas, reflectors, dishes and other
appurtenances.
TELECOMMUNICATION ANTENNA TOWER: Any structure that is designed and
constructed primarily for the purpose of supporting one or more antennas, including
camouflaged, lattice, guy or monopole TELECOMMUNICATION ANTENNA TOWERS.
This includes radio and television transmission, microwave, and common-carrier, personal
communications service (PCS), cellular telephone, and/or alternative
ELECOMMUNICATION ANTENNA TOWERS, and the like. This definition does not
include any structure erected solely for a residential, noncommercial individual use, such as
television antennas, satellite dishes or amateur (HAM) radio antennas, including, but not
limited to AMATUER RADIO ANTENNA/TOWERS.
TELECOMMUNICATION ANTENNA TOWER HEIGHT: The distance from the finished
grade at the TELECOMMUNICATION ANTENNA TOWER base to the highest point of the
TELECOMMUNICATION ANTENNA TOWER. Overall TELECOMMUNICATION
ANTENNA TOWER height includes the base pad, mounting structures and panel antennas
but excludes lightning rods and whip antennas.
Sec. 23-4-810. Preferred order for locating TELECOMMUNICATION FACILITIES
Commercial tower facilities.
The order of preference for locating new permanent TELECOMMUNICATION FACILITIES
Commercial tower facilities is (from most preferred to least preferred and based on economic and
technical feasibility):
A. CO-LOCATION on existing Commercial tower or broadcast
TELECOMMUNICATION ANTENNA TOWERS.
B. TELECOMMUNICATION ANTENNA, ATTACHED Attached antennas.
C. TELECOMMUNICATION ANTENNA, CONCEALED Concealed (stealth)
antennas.
D. TELECOMMUNICATION ANTENNA TOWER Antenna towers.
New TELECOMMUNICATION ANTENNAS Commercial tower facilities must use the
most-preferred facility type where economically and technically feasible. A lesser-preferred
facility type is allowed only if the applicant presents substantial evidence to show it will have a
lesser visual impact than the use of more preferred facilities and that the applicant's desired
geographic area cannot be served by using more-preferred facilities.
Sec. 23-4-820. General requirements.
A. TELECOMMUNICATION FACILITIES on Residential Properties. Commercial
TELECOMMUNICATION FACILITIES may not be placed on properties or buildings used
primarily for residential purposes. This does not apply to buildings containing eight (8) or more
dwelling units or farms and ranches containing dwelling units.
B. Commercial tower TELECOMMUNICATION FACILITIES are allowed as a use by
right or accessory use on a property as follows:
1 . Attached and concealed (stealth) antennas TELECOMMUNICATION
ANTENNA, ATTACHED and TELECOMMUNICATION ANTENNA, CONCEALED are
permitted by administrative review in all zone districts.
2. TELECOMMUNICATION ANTENNA TOWERS are not allowed in the
following zone districts: R-1 , R-2, R-3, R-4, R-5, E and PUD (with Residential uses).
3 . TELECOMMUNICATION ANTENNA TOWERS are permitted either as a
use by right, accessory use or Use by Special Use Review in the following zone districts: C.
I, A and PUD (with Commercial or Industrial uses).
C. Accessory uses to a TELECOMMUNICATION ANTENNA commercial and
TELECOMMUNICATION ANTENNA TOWER shall not include offices, broadcast studios, long-
term vehicle storage or other outdoor storage, or other uses not needed to send, receive or relay
transmissions.
Sec. 23-4-830. Standards for TELECOMMUNICATION ANTENNA TOWERS.
A. TELECOMMUNICATION ANTENNA TOWERS are allowed as a use by right,
accessory uses, subject to Zoning Permit for TELECOMMUNICATION ANTENNA TOWER
requirements, or as a Use by Special Review Permit, per the height guidelines below. The height
of a TELECOMMUNICATION ANTENNA TOWER is defined as the distance from the
finished grade at the TELECOMMUNICATION ANTENNA TOWER base to the highest point
of the TELECOMMUNICATION ANTENNA TOWER. Overall TELECOMMUNICATION
ANTENNA TOWER HEIGHT includes the base pad, mounting structures and panel antennas,
but excludes lightning rods and whip antennas.
Use by Right or Accessory Zoning Permit for Use by Special Review Permit
Use TELECOMMUNICATIONS approval required
ANTENNA TOWER
Up to 35 feet in height >35 feet up to 70 feet in Greater than 70 feet in height
height
13B. Radial Spacing. Antenna TELECOMMUNICATION ANTENNA TOWERS over
seventy thirty-five (7035) feet high must be located at least one thousand ( 1 ,000) feet from other
antenna TELECOMMUNICATION ANTENNA TOWERS over seventy thirty-five (7035) feet high
that are capable of supporting Commercial tower TELECOMMUNICATION FACILITIES. Closer
spacing between TELECOMMUNICATION ANTENNA TOWERS may be granted through the
Special Use Review process. This radial spacing requirement does not apply to facilities located at
designated antenna farms.
EC. In addition to meeting the Special Use Review standards set forth in Article II,
Division 5 of this Chapter, the applicant shall submit documentation addressing the following
standards:
1 . Existing or approved TELECOMMUNICATION ANTENNA TOWERS
cannot accommodate the telecommunications equipment planned for the proposed
TELECOMMUNICATION ANTENNA TOWER.
2. The TELECOMMUNICATION ANTENNA TOWER shall not constitute a
hazard to aircraft.
3 . The TELECOMMUNICATION ANTENNA TOWER shall be placed on the
property to contain on site all ice-fall or debris from TELECOMMUNICATION ANTENNA
TOWER failure.
4. The proposed TELECOMMUNICATION ANTENNA TOWER shall be
designed and provide for CO-LOCATION is le. The
Board of County Commissioners may revoke permit(s) or other administrative approval(s) if
conditions for approval of a TELECOMMUNICATION ANTENNA TOWER includes CO-
LOCATION, hut:
a. The TELECOMMUNICATION ANTENNA TOWER owner is not
willing to provide space for other carriers at a fair market rate when it would not
impair the structural integrity of the TELECOMMUNICATION ANTENNA
TOWER or cause interference.
b. The TELECOMMUNICATION ANTENNA TOWER owner modifies
the structure in a way to make CO-LOCATION impractical or impossible.
c. If approval is revoked, the facility must be removed at the owner's
expense.
5. The TELECOMMUNICATION ANTENNA TOWER shall have the least
practicable adverse visual impact on the environment.
6. The proposed TELECOMMUNICATION ANTENNA TOWER shall not
emit radiation that will adversely affect human health.
7. The proposed TELECOMMUNICATION ANTENNA TOWER shall be the
minimum height needed to accommodate the TELECOMMUNICATION ANTENNA.
8. The proposed TELECOMMUNICATION ANTENNA TOWER shall comply
with all applicable federal and state regulations.
9. The design of the proposed TELECOMMUNICATION ANTENNA TOWER
shall insure structural integrity.
10. The proposed TELECOMMUNICATION ANTENNA TOWER shall have
adequate measures to discourage unauthorized climbing and to insure the security thereof.
11 . All reasonably possible sites for the TELECOMMUNICATION ANTENNA
TOWER have been considered, and the proposed site is the most appropriate, available site
from a land use perspective.
12. The proposed TELECOMMUNICATION ANTENNA TOWER shall not
adversely impact wildlife.
13. A Decommissioning Plan. Adequate financial assurance to cover the
decommissioning of the facility may be required as a condition of approval of the
Decommissioning Plan.
AD. Antenna TELECOMMUNICATION ANTENNA TOWER and Equipment Setbacks.
1 . Attached antennas. Attached antennas TELECOMMUNICATION
ANTENNAS, ATTACHED and other appurtenances may encroach up to two (2) feet into
the minimum building setbacks in the underlying zoning district but must not extend over
property lines.
2. Concealed (stealth) antennas. Minimum setbacks for concealed antennas
TELECOMMUNICATION ANTENNAS, CONCEALED are the same as the minimum
building setbacks in the underlying zoning district.
3 . Antenna TOWERs, other than concealed antennas: Minimum setbacks for
antenna TELECOMMUNICATION ANTENNA TOWERS, other than concealed antennas;
are as follows:
a. From property lines of properties in the A, C, and I and PUD (with
Commercial or Industrial uses) zones: thirty one-hundred percent (30100%) of the
TELECOMMUNICATION ANTENNA TOWER HEIGHT but not less than
minimum building setbacks in the underlying zoning zone district.
n rop ••}ion in ti a Ta DT TTl A •
^rev hum red
1• G�
•
the undo .lying ^„•„^ district. TELECOMMUNICATION ANTENNA TOWERS
agreeing to a lesser setback.
4. Guy wires and equipment buildings and cabinets. Minimum
•strict: No part of the TELECOMMUNICATION ANTENNA
TOWER system, including any guy wire anchors shall extend closer than thirty (30) feet to
the property boundary.
C
I*. Equipment Design.
1 . Attached antennas A TELECOMMUNICATION ANTENNA, ATTACHED
on a roof may extend up to fifteen ( 15) feet over the height of the building or structure and
may exceed the underlying zoning district height limitation. Attached antennas
TELECOMMUNICATION ANTENNAS, ATTACHED mounted on a building or structure
wall must be as flush to the wall as technically possible, and must not project above the top
of the wall. Attached antennas, and must be located, painted and/or screened to be
architecturally and visually compatible with the building it is attached to.
2. Antenna TELECOMMUNICATION ANTENNA TOWERS should be
painted or coated in nonoffensive earth-tone colors that blend, to the extent possible, with the
surrounding building and natural environment unless state or federal regulations require
specific colors.
3 . Antenna TELECOMMUNICATION ANTENNA TOWERS must not be
artificially lighted unless required by the FAA or other state or federal agency. If safety
lighting is required, the use of red beacons is preferred to flashing strobe lights. Security
lighting on the site may be mounted up to twenty (20) feet high and must be directed toward
the ground to reduce light pollution, prevent offsite light spillage and avoid illuminating the
TELECOMMUNICATION ANTENNA TOWER.
4. Equipment buildings must be compatible with the architectural style of the
surrounding building environment with consideration given to exterior materials, roof form,
scale, mass, color, texture and character. Equipment buildings must be constructed with
materials that are equal to or better than the materials of the principal use. Equipment
cabinets must be located, painted and/or screened to be architecturally and visually
compatible with the surrounding building and natural environment. A Building Envelope
the area and location of the BE.
5 . The maximum permissible noise level shall adhere to the maximum
permissible noise levels allowed in the underlying Zone district as delineated in Section 14-
9-30 of this Code 25 12 102, C.R.S., as provided by the Department of Public Health and
Environment. Equipment must not generate noise that can be heard beyond the site.
However, this does not apply to generators used in emergency situations where the regular
power supply for a facility is temporarily interrupted. It also does not apply to air
conditioners or noise made during regular maintenance and upkeep of the facility and site.
See. 23 4 .840. G. Base or accessory site design.
Al . Screening and landscaping appropriate to the context of the site and in
harmony with the character of the surrounding environment is required when any part of the
facility is visible from public rights-of-way or adjacent properties. Natural materials must
screening.
B2. Existing vegetation and grades on the site should be improved or preserved to
the extent possible.
E3. Signage at the site is limited to nonilluminated warning and equipment
identification signs. This does not apply to concealed antennas incorporated into freestanding
signs.
D4. Commercial TELECOMMUNICATION ANTENNA FACILITIES, except
those in the C and I zones, must not include manned offices, long-term vehicle storage or
other outdoor storage, or other uses not needed to send, receive or relay transmissions.
See. 23 4 850. Co-location on antenna towers.
(excepting concea_ec antennas) and sites must be cesigned to accommodate co _ocation of additiona
Commercial tower providers.
adversely alters the areas visual character.
administrative approva .s if conditions for approva or an antenna tower inc_uce co _ocation but:
1 . The tower owner is not willing to provide space for other carriers at a fair
market rate when it would not impair the structural integrity of the tower or cause
interference.
2. The tower owner modifies the structure in a way to make co location
impractical or impossible.
3. If approval is revoked, the facility must be removec at the owners expense.
remains unc ganged. Addition of equipment for co ocation of subsequent Commercial tower
-
expansion and is exempt from Article VII of t.iis C iapter if t le tower Zeig..it remains unc_iangec.
C
Sec. 23-4 860. Pi, Abandonment.
If the Use by Special Review has not commenced within three (3) years from the date of
approval or is discontinued for a period of three (3) consecutive years, it shall be presumed inactive
or abandoned. The COUNTY shall initiate an administrative hearing to consider whether to grant an
extension of time to commence the use or revoke the use. If the use is revoked, it shall be necessary
to follow the procedures and requirements of this Division in order to reestablish any subsequent Use
by Right or Use by Special Review. Upon the determination that the use has been abandoned, the
facility owner has ninety (90) days to re-use the facility or transfer the facility to another owner who
will re-use it. Evidence of such shall be provided, in writing, to the Department of Planning Services.
Al . Removal of abandoned Commercial TELECOMMUNICATION ANTENNA
TOWERS shall be addressed in all lease agreements and shall specifically address the duties
and obligations of the lessee and its assigns as well as the property owner regarding the
removal of Commercial TELECOMMUNICATION ANTENNA TOWERS deemed by the
County to be abandoned.
42. The applicant or owner shall submit an improvements agreement agreeing to
remove the improvements as shown in the application, plans, plat and other supporting
documents. The agreement shall be made in conformance with the County policy on
collateral for improvements. The agreement shall be approved by the Board of County
Commissioners prior to commencement of operations, as applicable.
Sec. 23-4-8740. Application Supplemental Use by Special Review Permit application
requirements for TELECOMMUNICATION ANTENNA TOWERS.
A. Application Contents. In addition to requirements outlined in Article II,
Divisions 3 through 5 of this Chapter, applications for administrative or Special Use Review
approval of proposed Commercial TELECOMMUNICATION FACILITIES, and additions
or modifications to existing facilities, must include the following:
1 . A Site Plan showing the location and legal description of the site; on-
site land uses and zoning; adjacent roadways; parking and access; areas of vegetation
and landscaping to be added, retained, replaced or removed; setbacks from property
lines; and the location of the TELECOMMUNICATION FACILITY, including all
related improvements, buildings and equipment.
2. A vicinity map showing adjacent properties, general land uses, zoning
and roadways:
a. Within one hundred (100) feet of a proposed attached antenna
site.
b. Within a distance of one ( 1 ) mile of a proposed
TELECOMMUNICATION ANTENNAS, CONCEALED concealed antenna,
temporary antenna TELECOMMUNICATION ANTENNA TOWER or
micro-cell antenna TELECOMMUNICATION ANTENNA TOWER site.
c. Within a distance of one ( 1 ) mile of a proposed antenna
TELECOMMUNICATION ANTENNA TOWER site.
3. Elevation drawings of the proposed TELECOMMUNICATION FACILITY
showing all TELECOMMUNICATION ANTENNAS, TELECOMMUNICATION
ANTENNA TOWERS, structures, equipment buildings and cabinets, fencing, screening,
landscaping, lighting and other improvements related to the facility, showing specific
materials, placement and colors.
4. Photo-realistic renderings (photosyms) of the site after construction,
demonstrating the true impact of the TELECOMMUNICATION FACILITY on the
surrounding visual environment. The Department of Planning Services may request photo-
realistic renderings of the site from specific vantage points. This requirement does not apply
to TELECOMMUNICATION FACILITIES permitted under the administrative review
process unless the Department of Planning Services requests such information.
5. A report describing the TELECOMMUNICATION FACILITY and the
technical, economic (if deemed necessary by the Department of Planning Services) and other
reasons for its design and location; the need for the TELECOMMUNICATION FACILITY
and its role in the network; and the capacity of the structure, including the number and type
of antennas it can accommodate.
6. The FAA response to the Notice of Proposed Construction or Alteration (FAA
Form 7460- 1 or equivalent), if the facility is located near an airport or a flight path.
7. An agreement detailing responsibility for landscaping, screening, site
maintenance and the replacement of dead plant material .
8. A schedule for the installation of landscaping and screening, if applicable.
9. A letter of intent to allow co-location on the antenna
TELECOMMUNICATION ANTENNA TOWER.
10. A letter of intent or lease agreement statement which addresses removal of the
facility at the expense of the TELECOMMUNICATION FACILITY and/or property owner if
it is deemed abandoned. The applicant or owner may also be required to submit an
improvements agreement agreeing to remove the improvements as shown in the application,
plans, plat and other supporting documents. The agreement shall be made in conformance
with the County policy regarding collateral for improvements and shall be approved by the
Board of County Commissioners prior to commencement of operations, as applicable. The
Department of Planning Services may request additional copies of any submittal item for
review by other agencies.
11 . A map indicating the service area/radius of the proposed Commercial
TELECOMMUNICATION ANTENNA TOWER in addition to the service area/radius of
other existing Commercial TELECOMMUNICATION ANTENNA TOWERS within ten
(10) miles of the proposed Commercial TELECOMMUNICATION ANTENNA TOWER
location.
B. TELECOMMUNICATION FACILITY Inventory. The first application for a proposed
Commercial TELECOMMUNICATION FACILITY by a provider must include a detailed inventory
of all the providers existing and approved TELECOMMUNICATION FACILITIES within the
County, all incorporated areas within the County, and one ( 1 ) mile beyond the County border,
including Wyoming.
Sec. 23-4-8850. Application review of TELECOMMUNICATION ANTENNA TOWERS.
A. Administrative Review. Applications for proposed Commercial
TELECOMMUNICATION ANTENNA TOWER facilities requiring administrative review must
•
the public hearing. The fee for administrative review of a proposed Commercial
submitted.
BA. Technical Issues and Expert Review. Commercial TELECOMMUNICATION
FACILITIES may involve complex technical issues that require review and input that is beyond the
expertise of County staff The Department of Planning Services may require the applicant to pay
reasonable costs of a third-party technical study of a proposed Commercial
TELECOMMUNICATION FACILITY. Selection of experts to review the proposal will be at the
sole discretion of the County.
CB. Building Permits. Administrative Zoning Permit and Special Use Review approval of
Commercial TELECOMMUNICATION FACILITIES are separate from the building permit review
process. Building permits for the construction of Commercial TELECOMMUNICATION
FACILITIES cannot be issued until the facility is approved through the administrative, Planning
Commission or Special Use Review process.
Sec. 23-4-8960. Information request.
A. System Information. A Commercial TELECOMMUNICATION ANTENNA
TOWER provider will meet with the Department of Planning Services to furnish information about
the proposed system design.
B. Information Sharing. The Planning Department may share information with other
interested parties seeking to locate Commercial TELECOMMUNICATION FACILITIES in the
County in an effort to promote CO-LOCATION and co-development of
TELECOMMUNICATION FACILITIES.
Sec. 23-4-870 Zoning Permit for TELECOMMUNICATION ANTENNA TOWER permit
application requirements.
An application for a Zoning Permit for a TELECOMMUNICATION ANTENNA TOWER
shall include the following:
A. Name, address and telephone number of the applicant.
B. Name, address and telephone number of the owner of the land, if different from
Subsection A. above.
C. Parcel number and legal description of the property for which the application is made.
D. Evidence of interest in the subject land held by the applicant.
E. Number of acres of the property.
F. Elevation drawings of the proposed TELECOMMUNICATION FACILITY showing
all TELECOMMUNICATION ANTENNA TOWERS, structures and other improvements related to
the TELECOMMUNICATION FACILITY, showing specific materials, placement and colors.
G. County road access information sheet.
H. A vicinity map showing adjacent properties, general land uses, zoning and roadways:
1 . Within five hundred (500) feet of the proposed Antenna
TELECOMMUNICATION ANTENNA TOWER site.
I. A sketch plan of the site at the scale of one ( 1 ) inch represents fifty (50) feet, or other
suitable scale to show:
1 . The proposed location of the TELECOMMUNICATION ANTENNA
TOWERS and other support structures (guy wires), including distances from the property
LOT lines, above-ground power lines and other STRUCTURES on the property.
2. Location and measurements of any easements or rights-of-way.
3 . Amount of road frontages.
4. Identification of any county, state or federal roads or highways.
5. Existing STRUCTURES on the property.
6. A site detail of TELECOMMUNICATION ANTENNA TOWER and
encumbrances/support structures.
J. An application fee.
K. A certified list of the names, addresses and the corresponding Parcel Identification
Number assigned by the County Assessor of the owners of property (the surface estate) within five-
hundred (500) feet of the property lines of the parcel on which the TELECOMMUNICATION
ANTENNA TOWER shall be placed. The source of such list shall be the records of the County
Assessor, or an ownership update from a title or abstract company or attorney derived from such
records or from the records of the County Clerk and Recorder. If the list was assembled from the
records of the County Assessor, the applicant shall certify that such list was assembled within thirty
(30) days of the application submission date.
L. A letter of intent to allow CO-LOCATION on the TELECOMMUNICATION
ANTENNA TOWER.
M. A letter of intent or lease agreement statement which addresses removal of the
TELECOMMUNICATION FACILITY at the expense of the TELECOMMUNICATION FACILITY
and/or property owner if it is deemed abandoned. The applicant or owner may also be required to
submit an improvements agreement agreeing to remove the improvements as shown in the
application, plans, plat and other supporting documents. The agreement shall be made in
conformance with the County policy regarding collateral for improvements and shall be approved by
the Board of County Commissioners prior to commencement of operations, as applicable. The
Department of Planning Services may request additional copies of any submittal item for review by
other agencies.
Sec. 23-4-880. Referrals to Municipalities within '/2 mile of Commercial Antenna
TELECOMMUNICATION ANTENNA TOWERS.
A. The Department of Planning Services shall refer all Zoning Permits for
TELECOMMUNICATION ANTENNA TOWER applications to municipalities whose boundaries
are located within 'A mile of the boundaries of the subject property. The municipalities named shall
respond within twenty-eight (28) days after the mailing of the application by the COUNTY. The
failure of any municipality to respond within twenty-eight (28) days may be deemed to be a favorable
response to the Board of County Commissioners.
Sec. 23-4-890. Delegation of authority.
The Board of County Commissioners delegates the authority to issue a zoning permit for a
TELECOMMUNICATION ANTENNA TOWER which otherwise requires the approval of the
Board of County Commissioners through a public hearing process to the Department of Planning
Services upon a determination by the Department that:
A. The applicant is in compliance with the criteria identified in this Chapter for the
specific category of zoning permit for which application is being made.
B. The Department of Planning Services has sent notice and has not received signed
notification from at least thirty percent (30%) of surrounding property owners within five-hundred
(500) feet of the subject property in opposition to the location of the TELECOMMUNICATION
ANTENNA TOWER. If opposed, the petition shall indicate that the surrounding property owners
who have signed the notification have objections to the issuance of a zoning permit for the
TELECOMMUNICATION ANTENNA TOWER.
C. The Department of Planning Services and has not received referral responses in
opposition to the location of the TELECOMMUNICATION ANTENNA TOWER from
municipalities within 1/2 mile of the subject property.
Section 23-4-95. Requirements for AMATEUR RADIO ANTENNA/TOWERS.
AMATEUR RADIO ANTENNA/TOWERS shall be subject to the following requirements:
A. AMATEUR RADIO ANTENNA/TOWERS shall be permitted in all zone
districts. See Appendix 23-?? for requirements in zone districts.
F
B. AMATEUR RADIO ANTENNA/TOWERS, including any and all antennas,
appurtenances, cables, guy wires, or structural supports, shall be subject to the front, side and rear
setback requirements for accessory structures for the zone district in which the tower is located.
C. No AMATEUR RADIO ANTENNA/TOWERS may exceed the height as
measured from the ground at a point directly beneath the apex of the AMATEUR RADIO
ANTENNA/TOWER per the specific zone district, without a Zoning Permit for a Amateur Radio
Antenna/Tower (ZPART) or Special Use Permit approved by the Board of County
Commissioners.
D. No AMATEUR RADIO ANTENNA/TOWERS may exceed the number as a use
by right of the specific Zone District without a Zoning Permit for a Amateur Radio
AntennaTower (ZPART) or a Special Use Permit approved by the Board of County
Commissioners.
E. When an amateur radio operator ceases to have the F.C.C. license or removes
himself or herself from the occupancy of the property and the associated structures or dwellings,
and if no person being an amateur radio operator continues to occupy the property and the
associated structures or dwellings, then the AMATEUR RADIO ANTENNA/TOWER shall be
removed pursuant to applicable permit issued in compliance with the building code, within 30
days of the discontinuance, unless Planning Services grants an extension of time for good cause
shown for the removal not exceeding 90 days.
F. Limiting Site Factors. AMATEUR RADIO ANTENNA/TOWERS are permitted
in all zone districts, however, should the proposed AMATEUR RADIO ANTENNA/TOWER be
located in one or all of the following areas the AMATEUR RADIO ANTENNA/TOWER is
subject to additional review and approval by the appropriate agency:
1 . Two-miles from any military installation.
2. Within the Airport Zoning Overlay District.
3 . Within the Geologic Hazard Development areas as defined by the Weld
County Code.
4. No facilities will be permitted within:
a. Prime soils, as defined by the Important Farmlands of Weld
County Map, 1979.
b. Historic sites.
c. Wetlands.
d. 100 or 500 year Floodplains and all Floodways as defined by the
Weld County Code.
G. Prior to the issuance of a land use permit for any amateur radio tower, the
applicant shall provide the following:
1 . A completed land use application form and a Building Permit application
form.
2. A copy of the approved and valid Federal Communications Commission
license.
3 . A description of the proposed tower, including its height and method of
construction.
4. A survey plat of the subject property, showing meets and bounds of all
property lines, the location of all existing structures, and the proposed location of the
tower, including the location of cables, guy wires or other structural supports.
5. The applicant is to provide evidence that additional review and approval
by the appropriate agency is not required as the structure is not within 20,000 feet of the
nearest point of the nearest runway for both public airports, and any established private
airport, in accordance with FAR Part 77, "Objects Affecting Navigable Airspace", and/or,
if the structure were located within an established Airport Zoning Overlay District.
6. Each licensed and operating Amateur radio operator shall verify
compliance with the conditions of the permit, yearly in writing, on or before July 1 of any
given year.
Division 10 11
Semi-Trailers as Accessory Storage
Division 11 12
Parking and Operation
of Commercial Vehicles
Division 13
HOME OCCUPATION— Class H permits
Sec. 23-4-970. HOME OCCUPATION - Class II permit requirements.
A. Intent. A HOME OCCUPATION — Class II Zoning Permit shall be obtained for any
HOME OCCUPATION falling within the definition of a Class H operation.
B. Application requirements. An application for any zoning permit for a HOME
OCCUPATION required by this Division shall include the following:
1 . Name, address and telephone number of the applicant.
2. Name, address and telephone number of the owner of the land if different
from Subsection 1 above.
3. Evidence of interest in the subject land held by the applicant, such as a
deed, lease agreement or similar evidence.
4. A legal description of the property for which the application is made.
5. Number of acres of the property.
6. A sketch plan of the site at the scale of one ( 1 ) inch represents twenty (20)
feet or other suitable scale to show:
a. The proposed location of the commercial vehicle (if applicable),
including distances from the property LOT lines and other STRUCTURES on the
property.
b. Access to be utilized by the commercial vehicle (if applicable)
indicating whether the access is existing or proposed.
c. Location and measurements of any easements or rights-of-way.
d. Road Access Sheet.
e. Identification of any county, state or federal roads or highways.
f. Existing STRUCTURES on the property.
g. The STRUCTURE(s) in which the HOME OCCUPATION shall be
operated within shall be appropriately labeled. The total area of use shall also be
delineated.
7. An application fee.
8. The requirements of this Division require the applicant to provide a
certified list of the names, addresses and the corresponding Parcel Identification Number
assigned by the County Assessor of the owners of property (the surface estate) within five
hundred (500) feet of the property lines of the parcel. The source of such list shall be the
records of the County Assessor, or an ownership update from a title or abstract company
or attorney, derived from such records or from the records of the County Clerk and
Recorder. If the list was assembled from the records of the County Assessor, the
applicant shall certify that such list was assembled within thirty (30) days of the
application submission date.
9. Whether the property is situated within a subdivision regulated by a Home
Owners Association (HOA). If applicable, contact information shall be provided.
10. Acknowledgement that this zoning permit shall not be transferable by the
applicant and/or owner to any successor; the zoning permit shall terminate automatically
upon conveyance or lease of the property.
C. Delegation of Authority. The Board of County Commissioners delegates the authority
to issue a zoning permit for a HOME OCCUPATION which otherwise requires the approval of the
Board of County Commissioners through a public hearing process to the Department of Planning
Services upon a determination by the Department that:
1 . The applicant is in compliance with the criteria identified in this Chapter
for the specific category of zoning permit for which application is being made.
2. The Department of Planning Services has sent notice and has not received
signed notification from at least thirty percent (30%) of surrounding property owners
within five hundred (500) feet of the subject property in opposition to the location of the
commercial vehicle. If opposed, the petition shall indicate that the surrounding property
owners who have signed the notification have objections to the issuance of a zoning
permit for the commercial vehicle.
3. The application complies with any Home Owners Association (HOA)
standards.
D. Duties of the Board of County Commissioners. The Board of County Commissioners
shall hear the application at a regularly scheduled meeting of the Board, if the application does not
meet the criteria stated in Paragraphs A through C above and Section 23-1 -90 of this Chapter. The
Board of County Commissioners shall give notice of the application for a zoning permit and the
meeting date to those persons listed in the application as owners of property located within five
hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first class,
not less than ten ( 10) days before the scheduled meeting. Such notice is not required by state statute
and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors
by the applicant in supplying such list or the Department of Planning Services in sending such notice
shall not create a jurisdictional defect in the permit process, even if such error results in the failure of
a surrounding property owner to receive such notification. The Department of Planning Services
shall post a sign for the applicant on the property in question indicating that a HOME
OCCUPATION — Class II has been requested for the property, the meeting date and telephone
number where further information may be obtained. The sign shall be posted at least ten ( 10) days
prior to the meeting date and evidenced with a photograph. The Board of County Commissioners
shall consider any testimony of surrounding property owners concerning the effects of the HOME
OCCUPATION on surrounding properties. The Board of County Commissioners shall also consider
the following factors in reviewing applications for a permit for a HOME OCCUPATION — Class II:
1 . Compatibility with surrounding area, harmony with the character of the
NEIGHBORHOOD and its effects upon the immediate area.
2. Compatibility with Chapter 22 of this Code.
3. Availability of adequate water and sewage disposal facilities.
4. The general health, safety and welfare of the inhabitants of the area and the COUNTY.
ARTICLE V
Overlay Districts
Division 2
Geologic Hazard Overlay District
Sec. 23-5- 140. Establishment of District.
There is hereby established in the County a GEOLOGIC HAZARD OVERLAY
DISTRICT.
A. The GEOLOGIC HAZARD OVERLAY DISTRICT includes land which is within
a GEOLOGIC HAZARD AREA. The GEOLOGIC HAZARD OVERLAY DISTRICT is shown
SUBSIDENCE HAZARD AREAS. The categories are identified for the purpose of informing
concerned citizens anc decision ma<ers of the potentia_ severity of the GEOLOGIC HAZARD.
• . The Colorado
Geological Survey (CGS) and US Geological Survey (USGS) jointly developed a digital map
delineating coverage's based on previous studies pertaining to the location and distribution of
abandoned underground coal mines in the Boulder-Weld coal field north and northwest of the
Denver metropolitan area.
B. The boundaries of the regulated areas delineating the Extent of Abandoned Coal-
Mine Workings and Locations of Mine Shafts, Adits, Air Shafts, and Faults, as amended, and
Subsidence Areas as adopted by the Board of County Commissioners, is available in electronic
format for public inspection at the USGS webpage portal. [http://pubs.usgs.gov/imap/i-2375/i-
2375.pdf]. •
• Weld County
GIS, monitors this electronic link for amendments and provides electronic access to this
information through the County GIS portal. Where there is a conflict between the boundary lines
illustrated on the map and the actual field conditions, the disputes shall be settled according to
Article VI of this Chapter.
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ARTICLE II
Minor Subdivision and
Major Subdivision Process
Sec. 24-2-10. Minor subdivision process and time parameters
Minor Subdivision - new language to be inserted Section 24-2- 10 . D
The applicant shall submit three (3) paper copies of the plat for preliminary approval to
the Weld County Department of Planning Services . Upon approval of the paper copies
the applicant shall submit a Mylar plat along with all other documentation required as
Conditions of Approval . The Mylar plat shall be recorded in the office of the Weld
County Clerk and Recorder by Department of Planning Services' Staff. The plat shall
be prepared in accordance with the Weld County Code . The Mylar plat and additional
requirements shall be recorded within six (6) months from the date of the Board of
County Commissioners resolution . The applicant shall be responsible for paying the
recording fee .
If a plat has not been recorded within six (6) months of the date of the approval of the
minor Subdivision change of zone or final plan , or within a date specified by the Board
of County Commissioners , the Board may require the landowner to appear before it and
present evidence substantiating that the subdivision has not been abandoned and that
the applicant possesses the willingness and ability to record the plat. The Board of
County Commissioners may extend the date for recording the plat. If the Board
determines that conditions supporting the original approval of the subdivision cannot be
met, the Board may , after a public hearing , revoke the subdivision .
Sec. 24-2-20. Major subdivision process and time parameters
Major Subdivision - new language to be inserted Section 24-2-20 . E
The applicant shall submit three (3) paper copies of the plat for preliminary approval to
the Weld County Department of Planning Services . Upon approval of the paper copies
the applicant shall submit a Mylar plat along with all other documentation required as
Conditions of Approval . The Mylar plat shall be recorded in the office of the Weld
County Clerk and Recorder by Department of Planning Services' Staff. The plat shall
be prepared in accordance with the Weld County Code . The Mylar plat and additional
requirements shall be recorded within six (6) months from the date of the Board of
County Commissioners resolution . The applicant shall be responsible for paying the
recording fee .
If a plat has not been recorded within six (6) months of the date of the approval of the
major Subdivision change of zone or final plan , or within a date specified by the Board
of County Commissioners , the Board may require the landowner to appear before it and
present evidence substantiating that the subdivision has not been abandoned and that
the applicant possesses the willingness and ability to record the plat. The Board of
County Commissioners may extend the date for recording the plat. If the Board
determines that conditions supporting the original approval of the subdivision cannot be
met, the Board may, after a public hearing , revoke the subdivision .
Sec. 24-5-15. Resubdivision process and time parameters.
After a complete application is received, the resubdivision plat should be completed within sixty
(60) days.
Resubdivision for a lot line / Resubdivision for a vacation / Resubdivision for a
redesign- new language to replace the existing language under Section 24-5- 15
The applicant shall submit three (3) paper copies of the plat for preliminary approval to
the Weld County Department of Planning Services . Upon approval of the paper copies
the applicant shall submit a Mylar plat along with all other documentation required as
Conditions of Approval . The Mylar plat shall be recorded in the office of the Weld
County Clerk and Recorder by Department of Planning Services' Staff. The plat shall
be prepared in accordance with the requirements of Section 24-5-20 . E . 6 or Section 24-
5-30 . B . 5 or Section 24-5-40 . B . 1 of the Weld County Code . The Mylar plat and
additional requirements shall be recorded within sixty (60) days from the date of the
Board of County Commissioners resolution . The applicant shall be responsible for
paying the recording fee .
If a resubdivision plat has not been recorded within sixty (60) days from the date of the
Board of County Commissioners resolution , or within a date specified by the Board of
County Commissioners , the Board may require the landowner to appear before it and
present evidence substantiating that the resubdivision has not been abandoned and
that the applicant possesses the willingness and ability to record the resubdivision plat.
The Board of County Commissioners may extend the date for recording the plat. If the
Board determines that conditions supporting the original approval of the resubdivision
plat cannot be met, the Board may, after a public hearing , revoke the resubdivision .
Sec. 24-8-60. Exemption plat.
Recorded Exemption and Subdivision Exemption— new language to replace the
existing language under Section 24-8-60
An exemption plat shall be prepared after an application is approved and all conditions
of approval have been met. The applicant shall submit three (3) paper copies of the plat
for preliminary approval to the Weld County Department of Planning Services . Upon
approval of the paper copies the applicant shall submit a Mylar plat along with all other
documentation required as conditions of approval . The Mylar plat shall be recorded in
the office of the Weld County Clerk and Recorder by the Department of Planning
Services Staff. The Mylar plat and additional requirements shall be recorded within
sixty (60) days from the date the Administrative Review was signed . The applicant shall
be responsible for paying the recording fee. The plat shall be submitted to the Department
meet the following requirements:
If the Exemption plat has not been recorded within sixty (60) days from the date the
Administrative Review was signed or Board of County Commissioners resolution or if an
applicant is unwilling or unable to meet any of the conditions within sixty (60) days of
approval , the application will be forwarded to the Weld County Board of County
Commissioners with a staff recommendation for denial . The Director of Planning
Services may grant an extension of time , for good cause shown , upon a written request
by the applicant.
The plat shall meet the following requirements :
Sec. 23-2-50. Application requirements for Change of Zone.
Change of Zone — new language to be inserted Section 23-2-50 . F
The applicant shall submit three (3) paper copies of the plat for preliminary approval to
the Weld County Department of Planning Services. Upon approval of the paper copies
the applicant shall submit a Mylar plat along with all other documentation required as
Conditions of Approval . The Mylar plat shall be recorded in the office of the Weld
County Clerk and Recorder by Department of Planning Services' Staff. The plat shall
be prepared in accordance with the requirements of Sections 23-2-50 . C and 23-2-50 . D
of the Weld County Code. The Mylar plat and additional requirements shall be
recorded within sixty (60) days from the date of the Board of County Commissioners
resolution . The applicant shall be responsible for paying the recording fee .
If a plat has not been recorded within sixty (60) days of the date of the approval of the
Change of Zone (COZ) , or within a date specified by the Board of County
Commissioners, the Board may require the landowner to appear before it and present
evidence substantiating that the COZ has not been abandoned and that the applicant
possesses the willingness and ability to record the plat. The Board of County
Commissioners may extend the date for recording the plat. If the Board determines that
conditions supporting the original approval of the COZ cannot be met, the Board may,
after a public hearing , revoke the COZ.
Sec. 23-2-160. W. SITE PLAN REVIEW PLAT: A Site Plan Review Plat shall be prepared after
a Site Plan Review application is approved. The plat shall he submitted to the Department of
Planning Services and he ready for recording at the County Clerk and Recorder's office within
sixty (60) days of approval . The plat shall meet the following requirements:
Site Plan Review - new language to replace the existing language under Section 23-2-
160 .W
Site Plan Review Plat shall be prepared after a Site Plan Review application is
approved . The applicant shall submit three (3) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services. Upon approval of the
paper copies the applicant shall submit a Mylar plat along with all other documentation
required as conditions of approval . The Mylar plat shall be recorded in the office of the
Weld County Clerk and Recorder by the Department of Planning Services Staff. The
Mylar plat and additional requirements shall be recorded within sixty (60) days from the
date the Administrative Review was signed . The applicant shall be responsible for
paying the recording fee . The plat shall be submitted to the Department of Planning
der's office withi-n
sixty (60) days of approval .
If the Site Plan Review plat has not been recorded within sixty (60) days from the date
the Administrative Review was signed or if an applicant is unwilling or unable to meet
any of the conditions within sixty (60) days of approval , the application will be forwarded
to the Weld County Code Compliance for violation. The Director of Planning Services may grant
an extension of time, for good cause shown, upon a written request by the applicant.
The plat shall meet the following requirements :
Division 4
Uses by Special Review
Sec. 23-2-200. Intent and applicability.
Use by Special Review - new language to be inserted Section 23-2-200 . G
The applicant shall submit three (3) paper copies of the plat for preliminary approval to
the Weld County Department of Planning Services. Upon approval of the paper copies
the applicant shall submit a Mylar plat along with all other documentation required as
Conditions of Approval . The Mylar plat shall be recorded in the office of the Weld
County Clerk and Recorder by Department of Planning Services' Staff. The plat shall
be prepared in accordance with the requirements of Section 23-2-260 . D of the Weld
County Code . The Mylar plat and additional requirements shall be recorded within sixty
(60) days from the date of the Board of County Commissioners resolution . The
applicant shall be responsible for paying the recording fee .
If a Use by Special Review (USR) plat has not been recorded within sixty (60) days
from the date of the Board of County Commissioners resolution , or within a date
specified by the Board of County Commissioners, the Board may require the landowner
to appear before it and present evidence substantiating that the Use by Special Review
(USR) has not been abandoned and that the applicant possesses the willingness and
ability to record the Use by Special Review (USR) plat. The Board of County
Commissioners may extend the date for recording the plat. If the Board determines that
conditions supporting the original approval of the Use by Special Review (USR) plat
cannot be met. the Board may, after a public hearing , revoke the Use by Special
Review ( USR) .
Division 5
Special Review Permits for Major Facilities
of Public Utility or Public Agency
Sec. 23-2-300. Applicability.
Use by Special Review for a Major Facility of a Public Utility or Public Agency-
new language to be inserted Section 23-2-300 . C
The applicant shall submit three (3) paper copies of the plat for preliminary approval to
the Weld County Department of Planning Services . Upon approval of the paper copies
the applicant shall submit a Mylar plat along with all other documentation required as
Conditions of Approval . The Mylar plat shall be recorded in the office of the Weld
County Clerk and Recorder by Department of Planning Services' Staff. The plat shall
be prepared in accordance with the requirements of Section 23-2-380 or Section 23-2-
390 of the Weld County Code . The Mylar plat and additional requirements shall be
recorded within sixty (60) days from the date of the Board of County Commissioners
resolution . The applicant shall be responsible for paying the recording fee .
If a Use by Special Review ( USR) plat has not been recorded within sixty (60) days
from the date of the Board of County Commissioners resolution , or within a date
specified by the Board of County Commissioners, the Board may require the landowner
to appear before it and present evidence substantiating that the Use by Special Review
(USR) has not been abandoned and that the applicant possesses the willingness and
ability to record the Use by Special Review (USR) plat. The Board of County
Commissioners may extend the date for recording the plat. If the Board determines that
conditions supporting the original approval of the Use by Special Review ( USR) plat
cannot be met, the Board may, after a public hearing , revoke the Use by Special
Review (USR) .
Division 4
Open Mining
Sec. 23-4-250. Purpose.
Open Mining - new language to be inserted Section 23-4-250
The applicant shall submit three (3) paper copies of the plat for preliminary approval to
the Weld County Department of Planning Services. Upon approval of the paper copies
the applicant shall submit a Mylar plat along with all other documentation required as
Conditions of Approval . The Mylar plat shall be recorded in the office of the Weld
County Clerk and Recorder by Department of Planning Services' Staff. The plat shall
be prepared in accordance with the requirements of Section 23-4-270 of the Weld
County Code . The Mylar plat and additional requirements shall be recorded within sixty
(60) days from the date of the Board of County Commissioners resolution . The
applicant shall be responsible for paying the recording fee.
If a Use by Special Review ( USR) plat has not been recorded within sixty (60) days
from the date of the Board of County Commissioners resolution , or within a date
specified by the Board of County Commissioners , the Board may require the landowner
to appear before it and present evidence substantiating that the Use by Special Review
( USR) has not been abandoned and that the applicant possesses the willingness and
ability to record the Use by Special Review ( USR) plat. The Board of County
Commissioners may extend the date for recording the plat. If the Board determines that
conditions supporting the original approval of the Use by Special Review (USR) plat
cannot be met, the Board may, after a public hearing , revoke the Use by Special
Review (USR) .
ARTICLE VIII
Supplemental Procedures and
Requirements
Sec. 27-8-60. Failure to record a PUD final plan.
•
•
PUD - new language to replace the existing language under Section 27-8-60 Failure to
record a PUD change of zone or final plat
The applicant shall submit three (3) paper copies of the plat for preliminary approval to
the Weld County Department of Planning Services . Upon approval of the paper copies
the applicant shall submit a Mylar plat along with all other documentation required as
Conditions of Approval . The Mylar plat shall be recorded in the office of the Weld
County Clerk and Recorder by Department of Planning Services' Staff. The plat shall
be prepared in accordance with the requirements of the Weld County Code . The Mylar
plat and additional requirements shall be recorded within three (3) years from the date
of the Board of County Commissioners resolution . The applicant shall be responsible
for paying the recording fee.
If a plat has not been recorded within six (6) months three (3) years of the date of the
approval of the Planned Unit Development (PUD) change of zone or final plan , or within
a date specified by the Board of County Commissioners , the Board may require the
landowner to appear before it and present evidence substantiating that the PUD has
not been abandoned and that the applicant possesses the willingness and ability to
record the plat. The Board of County Commissioners may extend the date for recording
the plat. If the Board determines that conditions supporting the original approval of the
PUD cannot be met, the Board may, after a public hearing , revoke the PUD
CHAPTER 24
Subdivisions
ARTICLE VII
Subdivision Design Standards
Sec. 24-7-50. Lot size standards.
A. All buildable lots within a subdivision shall meet the minimum regulations
established by the County, the State and the federal government.
ARTICLE VIII
Exemptions
Sec. 24-8-20. Recorded exemption.
C. The recorded exemption application shall include the total contiguous land ownership, except
in the A (Agricultural) Zone District. In the A (Agricultural) Zone District, the following will apply:
1 . When a contiguous ownership equals at least one hundred sixty ( 160)
acres, or is a parcel otherwise recognized as a complete quarter section, a portion of the
parcel equal to the minimum buildable lot size (eighty [80] acres, or a parcel otherwise
recognized as half of a quarter section) may be used in the two-lot recorded exemption
application. When a contiguous ownership equals two (2) or more parcels created prior to
the initiation of subdivision regulations, a single parcel may be used in the two-lot
recorded exemption application. Lot B of a two-lot recorded exemption is eligible for
future land exemption five (5) years from the date of recording the exemption plat, in
accordance with Section 24-8-40.M. Lot B is not eligible for future division of land
should the size of the parcel be less than 35 acres Net. Lot B. or the larger of the two
parcels, of a two-Lot recorded exemption created after Month, Day 2010 is not eligible
for future land exemption, in accordance with Section 24-8-40.N (and re-letter
accordingly). Lot A of a two-lot recorded exemption created prior to March 1 , 2004, is
eligible for a one-time-only future land exemption. Lot A of a two-lot recorded
exemption created after March 1 , 2004, is not eligible for a future land exemption.
Sec. 24-8-30. Subdivision exemption.
A. The subdivision exemption is intended for the following four (4) purposes:
5 . For the temporary use of a parcel for oil and gas production facilities; oil and
gas storage facility or oil and gas support and service facilities. Upon termination of the
leasehold arrangement, the lot and access shall cease to exist.
Sec. 24-8-40. Exemption standards.
An exemption application shall comply with all of the following standards:
19 N. After Month, Day, 2010, the largest Lot, or Lot B of a two lot recorded
exemption, may not be less than 35 acres Net. Lot B or the largest Lot is not eligible for future
land exemption.
CHAPTER 26
Regional Urbanization Areas
ARTICLE II
I-25 RUA
Sec. 26-2-50. Landscaping regulations.
D. Landscaping Requirements Along Roadway Corridors.
2. Design Criteria.
c. Applicants adjacent to 125 or State Highway 119 shall construct a
•
•
i.rrx (6jz� a tie-existing GZG� nti• o nt the foot o f prt�posed berm• Tf
9
••
•
• •
site V�'It not be possib e for n distance o f one hun ^_rer_. eightyoot•
•
•
wit yin this Chapter anc any other more restrictive requirements containec in
Chapters 23 and 2/1 of this Code. The visual screening distance is not meant to
imply an increase ire sett acks th t are established elnowhere in this Colo
'1 VM..JV 111 •JVVMVIIY rN• N+ V �./uMv v v. v • r .+ v v
Renumber f. and g.
ih. Appendices 26-K through 26-N illustrate the proposed character, berming and landscape
setbacks for the I-25 and State Highway 119 corridors
CHAPTER 29
Building Regulations
ARTICLE II
Code Standards
Sec. 29-2-120. Area of special flood hazards standards.
All new construction and substantial improvements within an area of special flood
hazards shall meet the following standards:
H. No final inspection shall be approved for any new construction, substantial improvements
of any structure, mobile or manufactured home within an area of special flood hazards until the
property owner submits an elevation certification or floodproofing certification completed by a
Colorado registered professional engineer or architect. Certifications shall be on forms furnished
by the Floodplain Administrator or designee Building Official
(Pit Ile
• the amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Roy Spitzer.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Erich Ehrlich . absent; Robert Grand , yes with comment; Bill Hall, yes; Alexander Zauder, yes;
Jason Maxey, yes; Roy Spitzer. yes with comment; Mark Lawley, no; Tom Holton , no. Motion carried.
Commissioner Grand commented that his support for this case is support for the process and as a Planning
Commission we need to follow the process.
Commissioner Lawley cited Section 23-2-220.A.7 and added that adequate provisions for protection of health,
safety and welfare of the neighborhood or inhabitants have not been met.
Commissioner Holton cited Section 23-2-220.A.7 as well.
The Chair called a recess at 3: 57 pm and reconvened the meeting at 4:07 pm.
The Chair read the last case into record .
CASE NUMBER: Ordinance 2010-6
PLANNER: Kim Ogle
REQUEST: Code Ordinance #2010-6, In the Matter of Repealing and Reenacting, with
Amendments, Chapter 21 , Chapter 23, Chapter 24, Chapter 26, Chapter 27
Zoning and Chapter 29 Building Regulations of the Weld County Code
Kim Ogle, Planning Services, stated that staff has prepared several proposed code changes.
Bethany Salzman , Zoning Compliance. started with proposed code changes to Chapter 23 regarding Home
• Occupations. She stated that the proposed code changes break the Home Occupations into two classes.
Class I is basically what is currently under the County Code. Class II allows up to two employees, one
commercial vehicle, and up to 16 trips per day.
The consensus of the Planning Commission was not to limit the amount of space of the accessory buildings
used in conjunction with the home occupation. Commissioner Lawley said that it should be concentrated on
the intensity of the use rather than the size of the buildings.
Mark Lawley moved to amend Section 23-1 -90. a to read "Whether a Class I or Class II , a Home Occupation
may utilize up to 50% of a dwelling unit and/or in accessory buildings with appropriate building permits",
seconded by Robert Grand . Motion carried .
Roy Spitzer moved to amend the number of commercial vehicles associated with the Class II Home
Occupation to two (2) commercial vehicles, seconded by Bill Hall. Motion carried .
Bruce Barker. County Attorney addressed Chapter 23 Article I Section 23-1 -90 regarding medical marijuana.
He stated that currently under the code someone can apply for a USR in the C-3 Zone District for a dispensary
and you may cultivate plants in the Ag Zone District. Under this proposed code change, no dispensary or
cultivation of plants is allowed in any zone district. House Bill 1284 allows a county to prohibit the cultivation ,
manufacture, distribution, or sale of medical marijuana or medical marijuana-infused products. It also allows a
County to prohibit the operation of licensed facilities.
Mr. Ogle moved to Chapter 23 Article I , General Provisions which addresses the zoning map. Historically, the
Department of Planning Services has used mylars which zone changes have been drafted on . Staff would like
to replace that with a digitized version of the map that is prepared in joint cooperation with the Assessor's
office and Weld County GIS. This document will be recorded once per year.
• Mr. Ogle commented that there is a proposed addition under Section 23-3-20.AA which includes a County
Grader Shed, except in or adjacent to a platted subdivision or townsite. Mr. Ogle wished to make a change
under Section 23-3-40. E.4 to read "County Grader shed in or adjacent to a platted subdivision or townsite."
12
• Roy Spitzer moved to amend Section 23-3-40. E.4 as suggested by Staff; seconded by Jason Maxey. Motion
carried .
Mr. Gathman , Planning Services. addressed the telecommunication antenna tower and telecommunication
facilities. He stated that this section is a complete re-write because currently there are several definitions of
towers in the code and these proposed code changes consolidate those definitions.
Under Section 23-4-830, a proposed table breaks down the height of the towers and what is allowed as a use
by right, through a zoning permit or through a USR permit.
Presently, Weld County Code lists commercial towers as a Non-1041 Major Facility of a Public Utility and staff
is proposing that anything above 70 feet falls under the process of a Use by Special Review. We are
exempting these towers from the Major Facility of a Public Utility but we are also inserting a decommissioning
plan requirement for Major Facilities, Mr. Gathman suggested inserting this same requirement for a tower.
Robert Grand moved to include the decommissioning plan as recommended by staff under Section 23-4-
830. C . 13, seconded by Roy Spitzer. Motion carried.
Mr. Gathman said that after further thought he would like to suggest deletion of Section 23-4-830. D. 3. b as it
seems to be requiring too much . Robert Grand moved to delete Section 23-4-830. D.3. b as recommended,
seconded by Mark Lawley. Motion carried .
Commissioner Holton inquired about the reference to the 500 year floodplain on page 30 under Section 23-4-
95 Requirements for Amateur Radio Antenna/Towers. Mr. Ogle stated that the 500 year floodplain is in
anticipation that there may be a code change enacted by the State where we will have to recognize the 500
year floodplain. He added that HAM radio operators are considered critical facilities because they are part of
• the civil defense; therefore we want to ensure that they are located outside of the floodplains. Mr. Holton
expressed that he would not like to reference the 500 year floodplain in the code until the State enacts it.
Roy Spitzer moved to delete the reference to the 500 year floodplain in Section 23-4-95 . F.4.d, seconded by
Robert Grand. Motion carried .
The Chair called a brief recess at 5:23 pm and called the meeting back to order at 5:25 pm.
Michelle Martin, Planning Services, spoke to Section 24-2-10 regarding the time parameters associated with
recordation of the plats. She added that they wanted to be consistent with the requirements for recording the
plats. Currently, portions of the County Code address when a plat needs to be recorded within a time frame
and other areas don't specifically address it. Ms. Martin commented that most of the changes are that the plat
needs to be recorded within 60 days of date of the administrative review. This can be extended by the
Director of the Department of Planning Services if the applicant can show good cause upon a written request.
The PUD , Minor and Major Subdivisions have been given six-months to have the plat recorded per a work
session with the Board of County Commissioners. She added that it can be extended by the Board of County
Commissioners if good cause is shown .
Commissioner Lawley recalled this matter coming up at the last round of code changes. He believed that they
changed the code to allow them up to 3 years to record the plat for PUDs because of economic impacts.
There was also a concern that the County Commissioners were receiving a lot of requests for extensions.
Recording Secretary, Kris Ranslem , read from the Planning Commission minutes of June 2, 2009 and stated
that a motion was made by Mark Lawley to change the timeline required of PUD final plans from one year to
three years in all sections listed by staff and corresponding references in Chapter 27 and the motion passed.
Ms. Martin stated that they would review the minutes from the Board of County Commissioners to see if that
change was approved.
Bill Hall moved to re-confirm the motion made at the June 2, 2009 Planning Commission meeting regarding
the timeline for PUD final plans. seconded by Nick Berryman . Motion carried .
1 ,
Mr. Ogle continued to Section 23-4-600 regarding permit requirements for a second single-family dwelling in
• the agricultural zone district. He stated that this is all new language and speaks to the ability of having a
second single-family dwelling on the property for family and caregivers to dwell. It would require a zoning
permit for a second house.
Commissioner Holton said that part of the Rural Task Force recommendation for auxiliary dwelling units was
in regard to the existing non-conforming residences. He clarified if this proposed code change allows these
homes to be grandfathered . Mr. Ogle said that it would fall under a Use by Special Review permit (USR).
The Planning Commission expressed concern on parcels where there are two homes located on the same
parcel prior to 1972. The consensus was that if there are two homes prior to 1972 to allow the second home
to be rented out. Mr. Barker commented that this code change was written to deal with allowing a new second
single-family dwelling and the concern that the Planning Commission has with the existing two homes can be
addressed at the next meeting and brought forward to the Board of County Commissioner's second reading.
Robert Grand moved to amend Section 23-4-600 to read "No second single-family dwelling on a legal lot in the
(A) Agricultural Zone District shall be allowed without first receiving an approved zoning permit as required by
this Division. The intent is to allow a second single-family dwelling on a legal lot in the (A) Agricultural Zone
District. An application for any zoning permit for a second single-family dwelling on a legal lot in the (A)
Agricultural Zone District shall include the following:" seconded by Alexander Zauder. Motion carried .
Robert Grand moved that Ordinance 2010-6 be forwarded to the Board of County Commissioners along with
attached amendments, seconded by Roy Spitzer. Motion carried unanimously.
Meeting adjourned at 6:34 pm .
Respectfully submitted ,
• 4/j)/ibeliirAL'
Kristine Ranslem
Secretary
•
14
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10'9ejCZp1-D
CHAPTER 23
Zoning
ARTICLE I
General Provisions
Sec. 23-1-90. Definitions.
For the purposes of this Chapter, certain terms or words used herein shall be interpreted as
defined in this Section. The following specific words and phrases, when appearing in this
Chapter in uppercase letters, shall have the meanings stated in this Section:
HOME BUSINESS: An incidental USE to the principal permitted USE for gainful
employment of the FAMILY residing on the property, where:
a. Such USE is conducted primarily within a DWELLING UNIT or ACCESSORY
STRUCTURE and principally carried on by the FAMILY resident therein.
b. Such USE is clearly incidental and secondary to the principal permitted USE and
shall not change the character thereof.
A HOME BUSINESS shall not be interpreted to include the following: clinic,
HOSPITAL, nursing home, animal hospital, HOTEL/MOTEL, RESTAURANT, MEDICAL
MARIJUANA DISPENSARY, mortuary or organized classes where more than six (6)
persons meet together for instruction on a regular basis (does not include classes sponsored
by a PUBLIC SCHOOL).
HOME OCCUPATION: An incidental use of a DWELLING UNIT for gainful
employment of the resident therein, where:
a. Such USE is conducted entirely within a PRINCIPAL DWELLING UNIT and
carried on by the residents thereof and no others.
b. Such USE is clearly incidental and secondary to the USE of the dwelling for
dwelling purposes and shall not change the character thereof
c. The total area USED inside the DWELLING UNIT for such purposes does not
exceed three hundred (300) square feet.
d. There is no advertising or other indication of the HOME OCCUPATION on the
LOT or any STRUCTURE located on or ADJACENT to the LOT, with the exception
that one ( 1 ) nameplate shall be allowed which may display the name of the occupant
and/or the name of the HOME OCCUPATION where such nameplate does not exceed
one ( 1 ) square foot in area, shall be nonilluminated and attached flat to the main
STRUCTURE or visible through a window.
e. There is no exterior storage, display or sales of materials, goods, supplies or
equipment related to the operation of such HOME OCCUPATION nor of any highly
explosive or combustible materials. EXHIBIT
1S`-
9
1 tO/O-10
f. There is no offensive noise, vibration, smoke, dust, odors, heat, glare or electrical
interference or other hazard or nuisance noticeable off the LOT.
g. If a commercial vehicle is associated with the home occupation, refer to Section
23-3-30.M of this Chapter.
A HOME OCCUPATION shall not be interpreted to include the following: clinic,
HOSPITAL, nursing home, animal hospital, HOTEL/MOTEL, RESTAURANT, MEDICAL
MARIJUANA DISPENSARY, mortuary, vehicle or boat repair (including painting) or
organized classes where more than six (6) persons meet together for instruction on a regular
basis (does not include classes sponsored by a PUBLIC SCHOOL).
MEDICAL MARIJUANA DISPENSARY: Means anc inc_udes be USE of any property or
in accorcance wi:1 Section I " , Artie .e XV==_, of t ze Co_oraco Constitution.
ARTICLE III
Zone Districts
Division 3
Commercial Zone Districts
Sec. 23-3-230. C-3 (Business Commercial) Zone District.
D. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may
be constructed, occupied, operated and maintained in the C-3 Zone District upon approval of
a permit in accordance with the requirements of Article II, Division 4 of this Chapter.
1 0. MEDIC A T AA A D T iT T A N A DISP ~�,TC` A D V except that no suc »se c.l^ a l be
rrnrvrz rvrr�-t��z��r�zrcr a��-�nur�v�
allowed in the A (Agricultural) Zone District.
ARTICLE IV
Supplementary District Regulations and Zoning Permits
Division 12
Cultivation, Manufacture, Distribution or Sale of Medical Marijuana or Medical Marijuana-
Infused Products
Sec. 23-4-1000. Prohibition of cultivation, manufacture, distribution, or sale of medical
marijuana or medical marijuana-infused products in any zone district.
No STRUCTURE or tract of land in any of zone district in Weld County may be used
for the purpose of cultivation, manufacture, distribution, or sale of MEDICAL
MARIJUANA or MEDICAL MARIJUANA-INFUSED PRODUCTS, exce t
in
compliance with the terms, conditions, limitations, and restrictions in Section 14 of Article XVIII
2
y
of the Colorado Constitution, or _ when acting as a primary caregiver(s)
in compliance with the terms, conditions, limitations, and restrictions of Section 25-1 .5- 106
C.R.S.
Sec. 23-4-1010. Prohibition of the operation of medical marijuana centers, optional
premises cultivation operations, and medical marijuana-infused products manufacturers'
licenses in any zone district.
No STRUCTURE or tract of land in any of zone district in Weld County may be used for the
purpose of the operation of MEDICAL MARIJUANA CENTERS, OPTIONAL PREMISES
CULTIVATION OPERATIONS, and MEDICAL MARIJUANA-INFUSED PRODUCTS
MANUFACTURERS' LICENSES.
Sec. 23-4-1020. Definitions.
As used in this Division, the words and phrases set forth below have the following definitions:
MEDICAL MARIJUANA: Marijuana that is grown and sold pursuant to the provisions of
Article 43 .3, Title 12 of the Colorado Revised Statutes (C.R.S.) and for a purpose authorized
by Section 14 of Article XVIII of the Colorado Constitution.
MEDICAL MARIJUANA CENTER: A person licensed pursuant to Article 43.3, Title 12
of the Colorado Revised Statutes (C.R.S.) to operate a business as described in Section 12-
43 .3-402 C.R.S. that sells MEDICAL MARIJUANA to registered patients or primary
caregivers as defined in Section 14 of Article XVIII of the Colorado Constitution, but is not a
primary caregiver.
MEDICAL MARIJUANA-INFUSED PRODUCT: A product infused with MEDICAL
MARIJUANA that is intended for use or consumption other than by smoking, including, but
not limited to, edible products, ointments, and tinctures.
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURER: A person licensed
pursuant to Article 43 .3, Title 12 of the Colorado Revised Statutes (C.R.S.) to operate a
business as described in Section 12-43.3-404, C.R.S.
OPTIONAL PREMISES CULTIVATION OPERATION: A person licensed pursuant to
Article 43 .3, Title 12 of the Colorado Revised Statutes (C.R.S.) to operate a business as
described in Section 12-43 .3-403, C.R.S.
3
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