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Home My WebLink About20092096.tiffNOTICE OF FINAL READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2009-8 was introduced on first reading on August 17, 2009, and a public hearing and second reading was held on September 9, 2009. A public hearing and final reading was completed on September 28, 2009, with changes being made as listed below, and on motion duly made and seconded, was adopted. Effective date of said Ordinance is listed below. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E -Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E -Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. ORDINANCE NO. 2009-8 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 22 COMPREHENSIVE PLAN, 23 ZONING, 24 SUBDIVISIONS, 26 MIXED USE DEVELOPMENT, AND 27 PLANNED UNIT DEVELOPMENT, OF THE WELD COUNTY CODE EFFECTIVE DATE: October 20, 2009 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: October 13, 2009 PUBLISHED: October 15, 2009, in the Windsor Beacon CHANGES MADE TO CODE ORDINANCE #2009-8 ON FINAL READING Amend Section 23-1-90, Definitions, to add the following definitions: CORRECTIONAL FACILITY: Facilities for the judicially -required detention or incarceration of people, where inmates and detainees are under 24 -hour supervision by professionals ("lock down"), except when on approved leave. If the USE otherwise complies with this definition, a CORRECTIONAL FACILITY may include, by way of illustration, a pre -parole facility, jail, prison, or other place of incarceration. MEDICAL MARIJUANA DISPENSARY: Means and includes the USE of any property or structure to distribute, transmit, give, dispense, or otherwise provide marijuana in any manner, in accordance with Section 14, Article XVIII, of the Colorado Constitution. Amend Section 23-1-90, Definitions, under HOME BUSINESS, to read as follows: ado - aX9� HOME BUSINESS: An Incidental USE to the principal permitted USE for gainful employment of the FAMILY residing on the property, where: a. and b. - No changes A HOME BUSINESS shall not be interpreted to include the following: clinic, HOSPITAL, nursing home, animal hospital, HOTEL/MOTEL, RESTAURANT, MEDICAL MARIJUANA DISPENSARY, mortuary 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). Amend Section 23-1-190, Definitions, under HOME OCCUPATION, to read as follows: HOME OCCUPATION: An incidental use of a DWELLING UNIT for gainful employment of the resident therein, where: a. thru g. - No changes 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), 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). Amend Section 23-3-40, Uses by special review, to add the following: Q. CORRECTIONAL FACILITY. Amend Section 23-3-230, C-3 (Business Commercial) Zone District, to add the following: D.10. MEDICAL MARIJUANA DISPENSARY, except no such use shall be allowed in the A (Agricultural) Zone District. Amend Section 23-3-310, I-1 (Industrial) Zone District, to add the following: D.9. CORRECTIONAL FACILITY. Amend Section 23-3-320, 1-2 (Industrial) Zone District, to add the following: D.15. CORRECTIONAL FACILITY. Amend Section 23-3-330, 1-3 (Industrial) Zone District, to add the following: D.16. CORRECTIONAL FACILITY. NOTICE OF FINAL READING OF ORDINANCE Pursuant to the Wen County Hume ui yp r. haver. C)rdinance Number 2009-8 was rtnd.ed on Es, HOC Ir •'H .0 1:1031 1End apt,-: rc er wing and and rea S rr der 9 mbar A public •laud ro=t e final re aJ 1 as tw. on on September 23. 2009. w6' R:ende beingRec1ated f Clowe and id motion duty made lid RR:ended l)pf'u. F'+rtelte of eaiclO din iice .o lister: below Arr. a yt f Cantyy Col exhibits e 3 npreviously tI Ca tt e tl - Boat' Canty Commissioners o hat r t 1t'is ar i the office ,I the Clerk the Board ilCrtaCounty rr . Commissioners, loFlours l lCorrad o ty lkeSe t e )let at t Street, Third Flour slay Corrado ado. the c E3 r) r r a o u.00 t Nunda) t hiday, or may be accessed tl - e the Weld Cctyic v: Weual °age co wy 'le r t1. 1.011, led -agessent V a, Hick ein J al Comm s rue may ecl need Iry , e file lc >es ere d a .oplod o gesi E nail correspondence h rice Into case Gle. please send a copy to NCE O. 2 �.us. ORDINANCE NO. 2009-8 ORDINANCE TITLE. IN lHE HAP OF REPEALING AND REENACTING, NG H AMENDMENTS, CHAPTER 22 COMPREHENSIVE AN23 ZONING, 24SUBDIVISIONS,IDPEN MIXED USE DEVELOPMENT. AND 27 BANNED UNIT DEVELOPMENT. OF THE WELD COUNTY CODE EFFECTIVE COTE October 20. 2009 BOARD OF COUNTY COMMISSIONERS DELDATE ' COUNTY, COLORADO DATED'OctoberE.b,r 15, PUBLISHED. October 15, 2009. in the Windsor Beacon CHANGES MADE TO CODE ORDINANCE e2009-8 ON FINAL READING Amend Section 23-1-90, Definitions, to add the following definitions'. CORRECTIONAL FACILITY. Facilities for the judicially -required detention o r incarceration of people, where inmates and detainees are under 24 d our supervision by professionals Clock down'), except when on ap- proved leave. If the USE otherwise complies with this definition, a COP- RECTIONAL FACILITY may include, by way of illustration, a pro -parole `aciliry,jail, prison, or other place of incarceration. MEDICAL MARIJUANA DISPENSARY Means and includes the USE of any property or structure to distribute, transmit, give, dispense. or oth- erWise provide marijuana in any manner, in accordance with Section 14, Article XVII!. of the Colorado Constitution. Amend Section 23-1-90, Definitions, under HOME BUSINESS, to read as follows: HOME BUSINESS. An Incidental USE to the principal permitted USE for Jainful employment of the FAMILY residing on the property, where. a. and o. - No changes A HOME BUSINESS shall trot be interpreted to include the following. :linrc, HOSPITAL, nursing home, animal hospital. HOTEL/MOTEL. RES- TAURANT, MEDICAL MARIJUANA DISPENSARY, mortuary and organ - zed classes where more than six (6) persons meet together for in. ; traction or a regular basis (does not include classes sponsored by a °UBLIC SCHOOL). Amend Section 23-1-190, Definitions, under HOME OCCUPATION, to gad as follows: HOME OCCUPATION: An incidental use of a DWELLING UNIT for gainhll employment of the resident therein, where. i thru g. - No changes A HOME OCCUPATION shall not be interpreted to include the following. unit, HOSPITAL, nursing home. animal hospital, HOTEL/MOTEL, RES -AURANT, MEDICAL MARIJUANA DISPENSARY, mortuary, vehicle or )(Hat repair (including painting), and organized classes where more than Ix (C) persons meet together for instruction on a regular basis (does rot include classes sponsored by a PUBLIC SCHOOL). \mend Section 23-3-40, Uses by special review, to add the following. 3. CORRECTIONAL FACILITY. kn Se( eon 23. 3-230, C-3 (Business Commercial) Zone District to rdd the `Jllow,ng. l0. MEDICAL MARIJUANA DISPENSARY, except no such use shall be thawed it r the A I,Agr'culturalI Zone District. mend Section 23-3-310,1-1 lindnsmall Zone District, to add the torldw- nd sworn to before me, within the County of Weld, State of Colorado this fig: ).9- CORRECTIONAL FACIt ITY Your Local Newspaper Since ]8.96 sor Beacon 'OLORADO ss: AFFIDAVIT OF PUBLICATION ' WELD ) Echo Villa , being duly sworn, deposes and says that said is the legal clerk of the ;on; that the same is a weekly newspaper of general circulation and printed and he town of Windsor, in said county and state; that the notice or advertisement, of exed is a true copy, has been published in said weekly newspaper for ?eh; was published in the regular and entire issue of every number of said newspaper iod and time of publication of said notice, and in the newspaper proper and not in a lereof; that the first publication of said notice was contained in the issue of said rsday, October 15, 2009 iblication thereof was contained in the issue of said newspaper on rsday, October 15, 2009 dsor Beacon has been published continuously and uninterruptedly during the period ( months next prior to the first publication of said notice or advertisement above at said newspaper has been admitted to the United States mails as second-class matter (visions of the Act of March 3, 1879, or any amendments thereof; and that said a daily newspaper duly qualified for publishing legal notices and advertisements aning of the laws of the State of Colorado. Legal Clerk Inesday, October 14, 2009 emend Section 23-3-320. 1-2 'Industrial, Zone District, to add true fol- ion expires: )wing )]b. CORRECTIONAL FACILITY. emend Section 23-3-330, I -S (Industrial) Zone District, to add the tot- . )wing. ).16- CORRECTIONAL FACILITY. Vindsor Beacon Oct 15. 2009 10341s594 OY/oz/acid �N•'•• 'o BO' :•Oa Delivered to: FF1'Gt, PRO\\ Invoice Text WELD COUNTY CLERK TV E BOARD, 915 10TH ST GREELEY, CO 80631-1117 Notary Public Legal No.0034144594 NOTICE OF FINAL READING OF ORDIN Affidavit Prepared Wednesday, October 14, c 12:48 pm NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held before the Weld County Planning Commission in the Hearing Room, Weld County Planning Department, 918 10th Street, Greeley, Colorado. A subsequent hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado 80631, at the times specified below. The complete case file may be examined by calling the Department of Planning Services at (970) 353-6100 to make arrangements with the case planner, or at the office of the Clerk to the Board of County Commissioners, Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado 80631. E -Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E -Mail correspondence into the case file prior to the Planning Commission hearing, please call the Department of Planning Services to obtain the appropriate contact information. For inclusion of any correspondence prior to the Board of Commissioners hearing E- mail egesick@co.weld.co.us. If a court reporter is desired for either hearing, please advise the Department of Planning Services or the Clerk to the Board's Office, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Department of Planning Services at (970) 353-6100 Ext. 3519, or the Clerk to the Board's Office at (970) 336-7215, Ext. 4226, prior to the day of the hearing. All cases scheduled before the Planning Commission or Board of County Commissioners are subject to continuance, due to lack of quorum or otherwise. Contact the Department of Planning Services or the Clerk to the Board's Office at the numbers above, for hearing continuance information. DOCKET #: 2009-53 PLANNING COMMISSION DATE: October 6, 2009 TIME: 1:30 p.m. BOARD OF COMMISSIONERS DATE: October 12, 2009 TIME: 9:00 a.m. PLANNER: Brad Mueller REQUEST: Code Ordinance #2009-8, In the Matter of Repealing and Reenacting, with Amendments, Chapters 22 Comprehensive Plan, 23 Zoning, 24 Subdivision, 26 Mixed Use Development, and 27 Planned Unit Development, of the Weld County Code, specifically the addition of language concerning the permitted use of a Medical Marijuana Dispensary (Amend Section 23-1-90 Definitions; and Add Section 23-3-230.D.10) PLANNING COMMISSION WELD COUNTY, COLORADO DATED: September 23, 2009 PUBLISHED: September 25, 2009, in the Greeley Tribune Affidavit of Publication NOTICE Pursuant to the zoning laws of The State of Colorado and the Weld Courtly Cob, a puhfc hearing will be held before the Weld County Planting Commission In the Hearing Roam, Weld County Planning Department, 918 10th Street, Greeley, Colo- rado. A subsequent heating will be held In the Chambers of the Board of County Commissioners of Weld County. Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado 80631, at the times specified below. The complete case file may be examined by salting the De- partment of Planning Services at (970) 353.8100 to make ar- rangements with the case planner, or et the office of the Clerk to the Board 01 County Commissioners. Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado 80631. E -Mall messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E -Mail cor- respondence Info the case file prior to the Planning Commission hearing, please call the Department of Planning Services to ob- tain the appropriate contact Information. For inclusion of any correspondence prior to the Board of Commissioners hearing E-mail egesick@co.weld.co.us. If a court reporter is desired for either hearin , please ad- vise the Department of Planning Services or the Clerk to the Board's Office, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shell be borne by the re- questing party. In accordance with the Americans with Disabili- ties Act, if special accommodations are required in order for you to participate In this hearing, contact the Department of Planning Services at (970)35=100 Ext. 3519, or the Clerk to the Board's Office at (970 338-7215, Ext. 4226, prior to the day of the hearing. All cases scheduled before the Planning Com- mission or Board of County Commissioners are subject to con- tinuance, due to lack of quorum or otherwise. Contact the De- partment of Planning Services or the Clerk to the Board's Office at the numbers above, for hearing continuance information. DOCKET 2009-53 PLANNING COMMISSION DATE: October 6, 2009 TIME: 1:30 p.m. BOARD OF COMMISSIONERS DATE: October 12, 2019 TIME: 9:00 a.m. PLANNER: Brad Mueller REQUEST: Code Ordinance #2009-8. In the Matter of Repeal- ing and Reenacithg, with Amendments, Chapters 22 Compre- hensive Plan, 23 Zoning, 24 Subdivision, 26 Mixed Use Devel- opment, and 27 Planned Unit Development, of the Weld County Code, specifically the addition of language concerning the per- mitted use of a Medical Marijuana Dispensary (Amend Section 23-1-90 Definitions: and Add Section 23-3210.D.10) PLANNING COMMISSION WELD COUNTY, COLORADO DATED: September 23, 2009 The Tribune September 25, 2008 STATE OF COLORADO County of Weld, I, Jennifer Usher Ss. of said County of Weld, being duly sworn, say that 1 am an advertising clerk of THE TRIBUNE that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the, issue of the said newspaper - bearing date the Twenty-fifth day of September AD. 2009 and the last publication thereof: in the issue of said newspaper bearing date the Twenty-fifth day of September AD. 2009- that said The Tribune has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue there of contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. September 25, 2009 Total Charges: $48.84 25th day of September 2009 Advertising Cle My Commission Expires 06/14/2013 Notary Public NOTICE OF SECOND READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2009-8 was introduced on first reading on August 17, 2009, and a public hearing and second reading was held on September 9, 2009, changes being made as listed below. A public hearing and third reading is scheduled to be held in the Chambers of the Board, First Floor Hearing Room, 915 10th Street, Greeley, Colorado 80631, on September 28, 2009. All persons in any manner interested in the next reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's Office at phone (970) 336-7215, Extension 4225, or fax (970) 352-0242, prior to the day of the hearing if, as a result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E -Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E -Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. ORDINANCE NO. 2009-8 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTERS 22 COMPREHENSIVE PLAN, 23 ZONING, 24 SUBDIVISIONS, 26 MIXED USE DEVELOPMENT, AND 27 PLANNED UNIT DEVELOPMENT, OF THE WELD COUNTY CODE DATE OF NEXT READING: September 28, 2009, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: September 15, 2009 PUBLISHED: September 17, 2009, in the Windsor Beacon ************* CHANGES MADE TO CODE ORDINANCE #2009-8 ON SECOND READING Amend Section 23-1-90. Definitions: Add Item f under the definition of CARGO CONTAINER to read as follows: A railroad car of any type shall not be considered a CARGO CONTAINER. Amend Section 23-4-900. Intent and Applicability: Delete Item B.3, which previously read as follows: The semi -trailer used for accessory storage will maintain current licensing. Account #: 346067 Your !.nail :%ewspaper Since 1896 Windsor Beacon NOTICE OF SECOND READING OF ORDINANCE Pursuant to the Weld County Home Rule Char- ter, Ordinance Number 2009-8 was intro- duced on first reading on August 17, 2009, and a public hearing and second reading was held on September 9, 2009, changes being made as listed below. A public hearing and third reading is scheduled to be held in the Cham- bers of the Board, First Roar Hearing Room, 915 10th Street, Greeley, Colorado 80631, on September 28, 2009. All persons in any man- ner interested in the next reading of said Ordi- nance are requested to attend and may be heard. Please contact the Clerk to the Board's Office at phone (970) 336-7215, Extension 4225, or fax (970) 352-0242, prior to the day of the hearing if, as a result of a disability, you require reasonable accommodations in order to par- ticipate in the hearing. My backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado, between the hours of 8:00 am. and 5:00 p.m.. Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E -Mai messages sent to an ndMdual Com- missioner may not be included in the case file. To ensure Inclusion of your E -Mall correspond- ence into the case file, please send a copy to egesickeco.wsd.co.us. ORDINANCE NO. 2009-8 ORDINANCE TIRE: IN THE MATTER OF REPFAI ING AND REENACTING, WITH AMENDMENTS, CHAPTERS 22 COMPREHEN- SIVE PLAN, 23 ZONING, 24 SUBDMSIONS, 26 MIXED USE DEVELOPMENT, AND 27 PLAN- NED UNR DEVELOPMENT, OF THE WELD COUNTY CODE DATE OF NEXT READING: September 28, 2009, at 9:00 am. BOARD OF IYv WRY COMMISSIONERS WELD COUNTY, COLORADO DATED:September 15, 2009 PUBLISHEDSeptember 17, 2009, in the Wind- sor Beacon CHANGES MADE TO CODE ORDINANCE Y2009-8 ON SECOND READING Amend Section 23-1-90. DefnItions: Add Item f under the definition of CARGO CONTAINER to read as follows: A railroad car of any type shall not be considered a CARGO CONTAINER. Amend Section 23-4-900. Intent and Applicability: Delete Item B.3, which previously read as fol- lows: The seml-traier used for accessory stor- age will maintain current licensing. %034142668 Delivered to: STATE OF COLORADO ) ss: AFFIDAVIT OF PUBLICATION COUNTY OF WELD ) Echo Villa , being duly sworn, deposes and says that said is the legal clerk of the Windsor Beacon; that the same is a weekly newspaper of general circulation and printed and published in the town of Windsor, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said weekly newspaper for 1 Week; that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the issue of said newspaper on Thursday, September 17, 2009 that the last publication thereof was contained in the issue of said newspaper on Thursday, September 17, 2009 that said Windsor Beacon has been published continuously and uninterruptedly during the period of at least six months next prior to the first publication of said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. Legal Clerk Subscribed and sworn to before me, within the County of Weld, State of Colorado this Wed day, September 16, 200' \Q\\\tIl�iSI�11Il1/r' ' MyC Mxpj e& D`E/olAc" ▪ U: ‘,,o-mop :co lirt- tp▪ T•• '•UBL\0 :•O\ ��i9T'••...... • POD\ /1lCol Invoice Text WELD COUNTY CLERK TO THE BOARD, 915 10TH ST GREELEY, CO 80631-1117 Notary Public Legal No.0034142668 NOTICE OF SECOND READING OF ORDI Affidavit Prepared Wednesday, September if 2:21 pm WELD COUNTY CODE ORDINANCE 2009-8 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTERS 22 COMPREHENSIVE PLAN, 23 ZONING, 24 SUBDIVISIONS, 26 MIXED USE DEVELOPMENT, AND 27 PLANNED UNIT DEVELOPMENT, OF THE WELD COUNTY CODE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHEREAS, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows. CHAPTER 22 COMPREHENSIVE PLAN Amend Sec. 22-1-150. Comprehensive Plan amendment procedure. Introduction, A, and B No change B.1 thru B.4 No change B.4.a. Expansion of RUA Boundaries. The proposed application must submit the following: B.4.a.(1) thru (5) — No change. 6) Include a list of mineral rights owners of sub -surface property located below property subject to the application. Notice of the hearing will be sent by the applicant at least thirty (30) days prior to the Planning Commission hearing and shall be submitted prior to the date of the hearing. Inadvertent errors by the applicant in sending such notice shall not create a jurisdictional defect in the hearing process, even if such error results in the failure of a mineral rights owner to receive such notification. B.4.a.(7) thru (14) — No change B.4.b. Modification to Land Use Classification of Property Already Within the RUA Boundaries. The proposed application must submit the following: B.4.b.(1) thru (5) — No change 6) Include a list of mineral rights owners of sub -surface property located below property subject to the application. Notice of the hearing will be sent by the applicant at least thirty (30) days prior to the Planning Commission hearing and shall be submitted prior to the date of the hearing. Inadvertent errors by the applicant in sending such notice shall not create a jurisdictional defect in the hearing process, even if such error results in the failure of a mineral rights owner to receive such notification. B.4.b.(7) thru (13) — No change B.4.c. Language amendment to the RUA. The proposed application must submit the following: B.4.c.(1) thru (2) — No change 3) Include a list of mineral rights owners of sub -surface property located below property subject to the application. Notice of the hearing will be sent by the applicant at least thirty (30) days prior to the Planning Commission hearing and shall be submitted prior to the date of the hearing. Inadvertent errors by the applicant in sending such notice shall not create a jurisdictional defect in the hearing process, even if such error results in the failure of a mineral rights owner to receive such notification. B.4.c.(4) thru (8) — No change B.5. the following supporting documents shall be submitted as a part of the application, except for those items determined by the Director of Planning Services or the Board of County Commissioners to be unnecessary to a decision on the application: 1) A statement describing why the Comprehensive Plan is in need of revision. 2) A description of any social, economic, or land use conditions of the County that may have changed, that would support amending the Comprehensive Plan. 3) A statement describing how the proposed amendment will be consistent with existing and future goals, policies, and needs of the County, including those for an RUA as described in this Chapter. 4) Demonstrate, through supporting documentation, how the proposed Comprehensive Plan amendment for a new RUA will address the impact on existing or planned service capabilities including, but not limited to, roads, stormwater, and emergency services. 5) Demonstrate, through supporting documentation, how the proposed RUA will address the impacts on the natural environment. 6) Delineate the number of people who will reside and work in the proposed area and the number of jobs created by the proposed RUA. This statement shall include the number of school -aged children and address the social service provision needs, such as schools, of the proposed population. 7) Include a certified list of the names, addresses and the corresponding parcel identification numbers assigned by the County Assessor to the owners of property of the surface estate within one thousand (1,000) feet of the property subject to the application. The source of such list shall be from the records of the County Assessor, or an ownership update from a title 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. Inadvertent errors by the applicant in supplying such list, or the Department of Planning Services in sending such notice, shall not create a jurisdictional defect in the hearing process, even if such error results in the failure of a surrounding property owner to receive such notification. 8) Include a list of mineral rights owners of sub -surface property located below parcels located within the proposed RUA. Notice of the hearing will be sent by the applicant at least thirty (30) days prior to the Planning Commission hearing and shall be submitted prior to the date of the hearing. Inadvertent errors by the applicant in sending such notice shall not create a jurisdictional defect in the hearing process, even if such error results in the failure of a mineral rights owner to receive such notification. 9) Outline the proposed uses within the proposed RUA, including the maximum number of dwelling units, amount of commercial and industrial space, and percentage of open space projected for that area. 10) Submit a deed or legal instrument to the Department of Planning Services identifying the applicant's interest in the property. 11) Demonstrate that the site can be serviced by public water and sanitary sewer service that is adequate for the proposed use. 12) Include a prepared preliminary traffic impact analysis. All traffic analysis information and reports shall be prepared and certified by a Colorado registered professional engineer competent in traffic engineering and shall address impacts to on -site and off -site roadways, including strategic roadways within Weld County, State Highways and Interstate Highways. The intent of this analysis is to determine the project's cumulative development impacts, appropriate project mitigation and improvements necessary to offset a specific project's impacts. This analysis shall include the following information: a. Introduction: Describe the proposed development and parameters of the study area, including off -site roadways. b. Trip generation: Determine daily and a.m. and p.m. peak -hour trip generation for the proposed development using established rates identified in the Trip Generation Manual published by the Institute of Transportation Engineers or as agreed to by County Engineering Staff. c. Trip distribution: Based on assumptions contained in the RUA area traffic analysis or market estimate, describe the anticipated trip distribution patterns for the proposed development. d. Trip assignment: Based on the projected trip generation, assumed trip distribution and the prevailing roadway network, assign the projected traffic to the intersections and streets within the study area. e. Any reasonable additional information deemed necessary for review. 13) Include a preliminary Drainage Study. All drainage analysis information and reports shall be prepared and certified by a Colorado registered professional engineer competent in the hydraulic engineering and shall address impacts to on -site and off -site drainage ways within Weld County, and the surrounding area. The intent of this analysis is to determine the project's cumulative development impacts, appropriate project mitigation and improvements necessary to offset a specific project's impacts. 14) Goals and Policies for the new RUA. Such Goals and Policies should establish the nature and character of future development proposals, and they should include the criteria used to evaluate future land use applications in the RUA. Because each RUA is unique and different, consult with staff about what form would be best for this section. 15) RUA map, showing generalized targeted planning areas and uses; key transportation corridors; general service facilities such as schools, emergency service centers, and parks; and any other elements determined by staff. 16) Other supporting information or documentation as deemed necessary by the County. Remainder of Section — No change CHAPTER 23 ZONING Amend Section 23-1-90. Definitions. COMMERCIAL SCHOOL: A SCHOOL established to provide on -site training of business, trade, commercial, industrial, clerical, managerial, or artistic skills, such as a beauty SCHOOL, ceramic store, or driving SCHOOL. This definition applies to SCHOOLS that are owned and operated privately for profit and that do not typically offer a complete educational curriculum. This classification excludes establishments that provide training in an activity that is not otherwise generally permitted in the zone district. Incidental instructional services in conjunction with another primary use shall not be considered a COMMERCIAL SCHOOL. OUTDOOR STORAGE: The outdoor placement or leaving of goods for future use, preservation, or disposal, and associated with land USES such as the sales, rental, distribution, or wholesale sale of products, supplies, and/or equipment. SCHOOL: Includes any one (1) or more of the following categories: a PUBLIC SCHOOL, community college, junior college, college or university; an independent or parochial SCHOOL which satisfies the compulsory SCHOOL attendance requirements appearing in the School Attendance Law of 1963, Article 33 of Title 22, C.R.S. or a COMMERCIAL SCHOOL, as defined herein. Amend Section 23-2-150. Intent and applicability. A thru J. No change K. Applications for a Site Plan Review located in a Regional Urbanization Area shall adhere to any and all applicable regulations in Chapter 19 and any other County ordinance in effect. L. The applicant or owner shall submit an Improvements Agreement agreeing to construct the required improvements as shown in the application, plans 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 prior to recording the final exhibit or plat, if applicable. Add new Section 23-2-170. Changes & Termination of Use A. Any approved Site Plan Review shall be limited to the items shown on the Site Plan Review map and the approved use and type of occupancy. Major changes from the approved Site Plan Review map, USE, or type of occupancy shall require the approval of an amended Site Plan Review by the Department of Planning Services. The Department of Planning Services is responsible for determining whether a major change exists, in which case a new Site Plan Review application and processing shall be required. Any other changes shall be filed in the Department of Planning Services in the approved Site Plan Review file. B. Construction pursuant to approval of a Site Plan Review shall be commenced, and continual progress made, within three (3) years from the date of approval, or the approval shall terminate. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the landowner. Amend Section 23-2-200. Intent and applicability. A. Uses by Special Review are USES which have been determined to be more intense or to have a potentially greater impact than the Uses Allowed By Right in a particular zone district. Therefore, Uses by Special Review require additional consideration to ensure that they are established and operated in a manner that is compatible with existing and planned land USES in the NEIGHBORHOOD. The additional consideration or regulation of Uses by Special Review, and the application to a Use by Special Review of Performance, Design and Operations Standards listed both herein and for applicable USES from any zone district, are designed to protect and promote the health, safety, convenience and general welfare of the present and future residents of the COUNTY. B thru D - No change E. Applications for Special Review Permits shall be completed as set forth in Section 23-2-260. The complete application and application fees shall be submitted to the Department of Planning Services. F. The applicant or owner shall submit an Improvements Agreement agreeing to construct the required improvements, as shown in theapplication, plans 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 prior to recording the final exhibit or plat, if applicable. Revise Section 23-2-280. Changes to a Special Review Permit. A. Any approved Special Review Permit shall be limited to the items shown on the Special Review plan map and governed by the DEVELOPMENT STANDARDS. Major changes from the approved Special Review Plan Map or DEVELOPMENT STANDARDS for the Special Review Permit shall require the review of an amendment to the permit by the Planning Commission and approval by the Board of County Commissioners before such changes from the plan map or DEVELOPMENT STANDARDS are permitted. The Department of Planning Services is responsible for determining whether a major change exists. Any other changes shall be filed with the Department of Planning Services with the approved Special Review Permit. B. Any decrease in the land mass occupied by a Use by Special Review Permit shall qualify the landowner to be able to request a partial vacation of the Use by Special Review from the Board of County Commissioners, permitting the following: 1. The subject property under consideration for a partial vacation of the Use by Special Review has received permission to release the property from the permit from applicable County and State agencies. An example would be the release of a portion of a gravel mining operation from the Colorado State Division of Mining Reclamation and Safety at the completion of the reclamation activities on the subject property. Evidence of such release shall be provided to the Department of Planning Services with the request to vacate such portion of the property. 2. This process does not create separate parcels. 3. To obtain a partial vacation of the Use by Special Review permit, the applicant shall: a. Submit a letter to the Department of Planning Services requesting the partial vacation. b. Submit a revised map to the Department of Planning Services illustrating the vacated portion of the property and the existing permit. 4. Upon determination of compliance with the original Use by Special Review permit and all applicable applications, this Chapter and Chapter 29 of this Code, by the Department of Planning Services, the applicant shall be granted a partial vacation of the Use by Special Review permit. 5. Once approved, the applicant must submit a plat conforming to Section 23-2-260.D of this Code. This plat shall illustrate the vacated portions of the property/operation. The plat shall contain two (2) vicinity maps. The first shall illustrate the use boundary prior to the partial vacation. The second shall illustrate the use boundary after the partial vacation. Add new Section 23-2-290. Termination of Use A. Construction or USE pursuant to approval of a Use by Special Review Permit shall be commenced within three (3) years from the date of approval, unless otherwise specified by the Board when issuing the original Permit, or the Permit shall be vacated. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the landowner. B. A Use by Special Review shall terminate when the USE is discontinued for a period of three (3) consecutive years, the USE of the land changes, or when the time period established by the Board through the approval process expires. The landowner may notify Planning Services of a termination of the USE, or Planning Services staff may observe that the USE has been terminated. When either Planning Services is notified by the landowner, or when Planning Services observes that the USE may have been terminated, the Planner shall send certified written notice to the landowner asking that the landowner request to vacate the Use by Special Review Permit. C. In such cases where the landowner agrees to request to vacate the Use by Special Review Permit, such vacation may be done administratively. In such cases where the landowner does not respond, after original certified written notice, and after a second written certified notice sent no sooner than thirty (30) days after the mailing of the first notice, then the Special Use Permit may also be vacated administratively. D. In such cases where the Use by Special Review has terminated, but the landowner does not agree to request to vacate the Use by Special Review Permit, a meeting shall be scheduled with the Board of County Commissioners to provide the landowner an opportunity to request that the Use by Special Review Permit not be vacated, for good cause shown. If the Board determines that the Use by Special Review has terminated and no good cause has been shown for continuing the Permit, then the termination becomes final and the Use by Special Review permit is vacated. E. County staff shall draft a Board resolution setting forth the determination that a Use by Special Review is terminated. Record of such action and a copy of the resolution will be kept in the files of the Clerk to the Board. The Board of County Commissioners shall arrange for the Clerk to the Board to record the resolution. F. Use by Special Review Permit Plan Maps. Termination of a use shall allow the Use by Special Review Permit, and the Use by Special Review Permit Plan Map, to be administratively vacated from county documents. If a Use by Special Review Permit Plan Map is vacated because the Use by Special Review Permit was revoked due to non-compliance with the Permit, map or DEVELOPMENT STANDARDS, the vacation shall be processed as described in Section 23-2-270 above. If a partial vacation is proposed because of a decrease in the land mass, it shall be processed as described in Section 23-2-280.B — Changes to a Special Review Permit. Amend Section 23-3-20. Uses by Right A thru W - No change X. TEMPORARY seasonal uses, including fruit and vegetable stands, and facilities for the sale of fireworks and Christmas trees, subject to the permit requirements of Article IV, Division 7 of this Chapter, except as allowed without a permit per Section 23-3-20.D. Amend Section 23-3-30. Accessory uses. Intro, and A thru J - No change K. Cargo container as Accessory STRUCTURE. One (1) cargo container as an Accessory STRUCTURE in the A (Agricultural) Zone District may be allowed for storage of goods inside the unit on lots in an approved or recorded subdivision plat, or LOTS which are part of a map or plan filed prior to the adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. Two (2) cargo containers may be allowed on property of less than eighty (80) acres in size, when not on a LOT in an approved or recorded subdivision, or a LOT which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions. Up to five (5) cargo containers may be allowed on property equal to or greater than eighty (80) acres in size. Additional containers may be allowed on all lot sizes, as described in Section 23-3-40.AA (Use by Special Review). A cargo container used for storage shall require the issuance of building permits. The following conditions shall apply: 1 thru 7 - No Change L. Semi -trailer used as accessory storage. One [1] semi -trailer used as accessory storage may be permitted on lots in an approved or recorded subdivision plat, or LOTS which are part of a map or plan filed prior to the adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, according to the procedure and zoning permit requirements outlined in Section 23-4-900 of this Chapter for the purpose of storing goods inside the unit.) Up to two (2) semi -trailers may be used as accessory storage on agricultural parcels not in an approved or recorded subdivision plat, or LOTS which are part of a map or plan filed prior to the adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, without a zoning permit. Additional semi -trailers used as accessory storage may be allowed on all lot sizes and types, as described in Section 23-3-40.0 (Uses by Special Review). M. COMMERCIAL VEHICLES. Parking and operation of one [1] COMMERCIAL VEHICLE may be permitted on lots in an approved or recorded subdivision plat, or LOTS which are part of a map or plan filed prior to the adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, according to the procedure and zoning permit requirements outlined in Sections 23-4-165 and 23-4-950 of this Chapter. Parking and operation of one (1) COMMERCIAL VEHICLE may be allowed on property of less than eighty (80) acres in size, when not a LOT in an approved or recorded subdivision, or a LOT which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions, without a zoning permit. Parking and operation of up to five (5) COMMERCIAL VEHICLES may be allowed on property equal to, or greater than, eighty (80) acres in size when used to haul agricultural goods, equipment or livestock, as long as the number of trips does not exceed sixty (60) per day to and from the property. No additional COMMERCIAL VEHICLES are allowed, unless part of a commercial or industrial USE otherwise permitted by Section 23-3-40.R (Uses by Special Review) of this Chapter. N - No change Amend Section 23-3-40. Uses by special review. Intro and A - No change B. Agricultural Service establishments primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including: 1 thru 9 - No change 10. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of ANIMAL UNITS permitted in Section 23-3-50.D is exceeded and/or when the traffic that is generated by the boarding or training activity exceeds sixty (60) trips per day to and from the property. 11 thru 18 - No change C thru P - No change Q. Deleted. R thru Z - No change AA.More than the number of cargo containers allowed as a use by right per legal lot or parcel. BB thru DD - No change Amend Section 23-3-210. C-1 (Neighborhood Commercial) Zone District A thru B.3 - No change 4. COMMERCIAL SCHOOLS, limited to indoor instruction. 4 thru 8 to be re -numbered and 5 thru 9. 10. TEMPORARY seasonal uses, including fruit and vegetable stands, and facilities for the sale of fireworks and Christmas trees, subject to the permit requirements of Article IV, Division 7 of this Chapter. 10 and 11 to be re -numbered as 11 and 12 Remainder of Section - No change Amend Section 23-3-230. C-3 (Business Commercial) Zone District A thru B.14 - No change 15. OUTDOOR STORAGE, when SCREENED from public rights -of -way and ADJACENT properties. Remainder of Section - No change Amend Section 23-3-240. C-4 (Highway Commercial) Zone District A thru B.6 - No change 7. TEMPORARY seasonal uses, including fruit and vegetable stands, and facilities for the sale of fireworks and Christmas trees, subject to the permit requirements of Article IV, Division 7 of this Chapter. Remainder of Section - No change Amend Section 23-3-310. I-1 (Industrial) Zone District. A thru B.5 - No change 6. COMMERCIAL SCHOOLS, limited to indoor instruction. 6 and 7 to be renumbered as 7 and 8 9. TEMPORARY seasonal uses, including fruit and vegetable stands, and facilities for the sale of fireworks and Christmas trees, subject to the permit requirements of Article IV, Division 7 of this Chapter. 9 to be renumbered as 10 Remainder of Section - No change Amend Section 23-3-320. 1-2 (Industrial) Zone District. A thru B.7 - No change 8. TEMPORARY seasonal uses, including fruit and vegetable stands, and facilities for the sale of fireworks and Christmas trees, subject to the permit requirements of Article IV, Division 7 of this Chapter. 9. No change. 10. OUTDOOR STORAGE, when SCREENED from public rights -of -way and ADJACENT properties. C thru C.6 - No change 7. Cargo containers. 7 to be renumbered to 8 D thru D.13 - No change 14. COMMERCIAL SCHOOLS. Remainder of Section - No change Amend Section 23-3-330. 1-3 (Industrial) Zone District. A. No change. B thru B.8 - No change 9. TEMPORARY seasonal uses, including fruit and vegetable stands, and facilities for the sale of fireworks and Christmas trees, subject to the permit requirements of Article IV, Division 7 of this Chapter. 10. No change 11. OUTDOOR STORAGE, when SCREENED from public rights -of -way and ADJACENT properties. C thru C.6 - No change 7. Cargo containers. 7 to be renumber as 8 D thru D. 14 - No change 15. COMMERCIAL SCHOOLS. Remainder of Section - No change Revise title only: Article IV Supplementary District Regulations and Zoning Permits Delete all of Section 23-4-165. Use of semi -trailers as accessory storage. Revise Section 23-4-220. Mobile homes in C or I Zone District. A. A zoning permit for the USE of one (1) MOBILE HOME may be permitted as an ACCESSORY USE to the principal USE in certain C (Commercial) or I (Industrial) Zone Districts upon a determination by the Department of Planning Services that: 1. The MOBILE HOME is necessary for the effective and economic operation of the business, COMMERCIAL or industrial activity. 2. The MOBILE HOME will not be used for residential purposes other than for the purpose of the protection or control of the principal USE. 3. Adequate water and sewage disposal facilities are available to the MOBILE HOME. 4. The applicant must obtain a BUILDING permit for the MOBILE HOME and comply with the installation standards of Chapter 29 of this Code. A zoning permit shall not be required for a MOBILE HOME in the Commercial or Industrial Zone District, if such information is already reflected in an approved Site Plan Review or Special Use Permit, as determined by the Planner. B thru C - No change D. All MOBILE HOMES as ACCESSORY USES to the principal USE in C or I Zone Districts are TEMPORARY and subject to the requirements for MOBILE HOMES as stated in Article III, Division 3 and Article III, Division 4 of this Chapter. The MOBILE HOME shall be removed from the property upon the cessation of the USE of the MOBILE HOME as an ACCESSORY USE to the business, commercial or industrial activity. The six-month limitation for this TEMPORARY use may be extended in six-month increments at the discretion of the Director of Planning Services up to two (2) times, and thereafter by the Board of County Commissioners. Add new Division 7 (previously repealed by Ord #2005-6) Temporary Seasonal Uses Section 23-4-500. Intent and applicability The intent of the Temporary Seasonal Use procedure is to provide an administrative process for the regulation of seasonal uses and accessory structures, including fruit and vegetable stands, and those for the sale of fireworks or Christmas trees. Other similar temporary seasonal uses may be approved by the Director of Planning Services. Section 23-4-510. Duties of the Department of Planning Services A. The applicant shall submit the application fee and information required herein to the Department of Planning Services. The submittal shall be reviewed for completeness and the applicant notified of any inadequacies. Once the submittal is determined complete, Planning staff and other agencies such as the Department of Public Works, the affected fire district, the Colorado Department of Transportation, and the Department of Public Health and Environment shall review the submittal. B. After review and comment by the review agencies, the Department of Planning Services shall make final determination of approval or denial of the permit. Such determination shall be made based on its conformance with Chapter 22 of this Code and any other applicable code provision or ordinance in effect, sound land use planning practices, comments received from agencies to which the proposal was referred, and standards contained in this Chapter. C. If the Department of Planning Services denies the Permit, the applicant may appeal, in writing to the Director of Planning Services, within ten (10) days of receipt of the denial notice. A meeting shall be scheduled with the Board of County Commissioners to provide the landowner an opportunity to appeal the denial, for good cause shown. If the landowner does not submit a written appeal, the denial becomes final. Section 23-4-520. Application requirements for temporary seasonal use permit. The following supporting documentation shall be submitted as a part of the application: A. A TEMPORARY seasonal use permit application form provided by the Department of Planning Services. B. A copy of a deed or legal instrument identifying the applicant's interest in the property under consideration. C. A detailed description of the proposed USE, including the location of proposed parking areas or parking lots, and evidence that the USE meets the requirements of the zone district. D. Evidence that the USE shall have an adequate source of potable water. E. Evidence that the USE in the zone district shall have adequate sewage disposal facilities, which may include TEMPORARY sewage disposal facilities (i.e., portable toilets), as determined by the Department of Public Health and Environment. F. A completed County Road Access Information Sheet provided by the Department of Planning Services. G. The number of employees associated with the USE. H. A generalized sketch map drawn on a sheet of paper eight and one-half (8 1/2) inches by eleven (11) inches. The sketch map shall be legible and include the following information: 1. The boundary of the property. 2. The boundary of the proposed USE. 3. A north arrow. 4. The location of all existing and proposed driveways and accesses associated with the parking lots. 5. The names of any existing roads or highways abutting the proposed property. 6. All existing structures on the proposed property, located in proximity to the proposed USE. 7. All easements or rights -of -way located on the proposed property. 8. Location of sewage disposal facilities. Revise Division 10 Semi -Trailers as Accessory Storage Add new Section 23-4-900. Intent and Applicability A. One (1) semi -trailer used as accessory storage on lots in an approved or recorded subdivision plat, or LOTS which are part of a map or plan filed prior to the adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District may be permitted through issuance of Permit for a Semi -Trailer as Accessory Storage. (No zoning permit is required for up to two [2] semi -trailers used for accessory storage on agricultural parcels not in an approved or recorded subdivision plat, or LOTS which are part of a map or plan filed prior to the adoption of any regulations controlling subdivisions in the A [Agricultural] Zone District. Additional semi -trailers used as accessory storage may be allowed on various other lot sizes and types, as described in Section 23-3-40.0 [Use by Special Review]). B. When required, a Zoning Permit for a Semi -Trailer as Accessory Storage may be permitted for the purpose of storing agricultural goods and nonagricultural goods inside the unit upon a determination that: 1. Electricity is the only utility which will be connected to the semi -trailer used for accessory storage. 2. The semi -trailer used for accessory storage will not be used on any basis as a DWELLING or as overnight or temporary housing for any person. 3. The semi -trailer used for accessory storage will maintain current licensing. 4. The property upon which the semi -trailer used for accessory storage is located is a LEGAL LOT. 5. No structural component of the semi -trailer used for accessory storage will be removed and thereby result in the semi -trailer being unmovable. 6. The semi -trailer used for accessory storage will not be allowed to deteriorate into a state of disrepair. Such disrepair would include, but not be limited to, a semi -trailer for accessory storage partially or totally damaged by fire, earthquake, wind or other natural causes, or a semi- trailer in a state of general dilapidation, deterioration or decay resulting from a lack of maintenance, vandalism or infestation with vermin or rodents. Any such semi -trailer shall be restored to and maintained in the original condition upon being placed on the site or shall be removed from the site. 7. The semi -trailer used for accessory storage will be removed from the property upon cessation of such USE. 8. The semi -trailer used for accessory storage will not in any manner be used to display signs. 9. The semi -trailer used for accessory storage is compatible with the surrounding area. Re -number and Revise Section 23-4-900 to 23-4-910. Semi -trailer as accessory storage permit requirements. A — K. No change. L. 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. Add New Section 23-4-920. Referral process. Upon determination that the application submittal is complete, the Department of Planning Services shall: A. Refer the application to applicable referral agencies for review and comment. Agencies can include the Department of Public Works and any others deemed necessary. The agencies shall respond within twenty-one (21) days after the mailing of the application by the COUNTY. The reviews and comments solicited by the COUNTY are intended to provide the COUNTY with information about the proposed USE. The COUNTY 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. B. Send a request for comment in support or opposition regarding the Zoning Permit for a semi -trailer as accessory storage 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, upon receipt of the application. 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 permitting process, even if such error results in the failure of a surround property owner to receive such notification. Re -number Section 23-4-910 to 23-4-930. Delegation of authority. A. The Board of County Commissioners delegates the authority to issue a zoning permit for a semi -trailer 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 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 semi -trailer. 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 semi -trailer. B. If the Department of Planning Services denies the Permit, the applicant may appeal, in writing to the Director of Planning Services, within ten (10) days of receipt of the denial notice. A meeting shall be scheduled with the Board of County Commissioners to provide the landowner an opportunity to appeal the denial, for good cause shown. If the landowner does not submit a written appeal, the denial becomes final. C. If the Department of Planning Services does receive signed notification that thirty percent (30%) or more of surrounding property owners within five hundred (500) feet of the subject property are in opposition to the permitting of a semi -trailer as accessory storage, then the Board of County Commissioners shall review the application for compliance with the criteria set out in this Section at a regularly scheduled meeting of the Board: 1. The Department of Planning Services will notify the applicant, granting ten (10) business days to determine if they want to proceed with the application. 2. If the applicant notifies the Department of Planning Services of their desire to proceed with the application, the Department will request a hearing date and time from the Clerk to the Board and prepare a staff report. 3. 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. 4. The Department of Planning Services shall post a sign for the applicant on the property in question indicating that one (1) semi -trailer as accessory storage has been requested for the property, the meeting date and a 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. 5. The Board of County Commissioners shall consider any testimony of surrounding property owners concerning the effects of the semi -trailer as accessory storage on the surrounding properties and its compliance with the criteria set out in this Section. Add new Section 23-4-950. Intent and Applicability A. Parking and operation of one [1] COMMERCIAL VEHICLE may be permitted on lots in an approved or recorded subdivision plat, or LOTS which are part of a map or plan filed prior to the adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, through issuance of a Commercial Vehicle Permit. B. When required, a Zoning Permit for a Commercial Vehicle may be permitted upon a determination that: 1. The property upon which the COMMERCIAL VEHICLE is located is a LEGAL LOT. 2. The COMMERCIAL VEHICLE will be removed from the property upon cessation of such USE. 3. The COMMERCIAL VEHICLE is compatible with the surrounding area. Re -number and Revise Section 23-4-950 to 23-4-960. Commercial vehicle permit requirements. An application for any Zoning Permit for a Commercial Vehicle required by this Division shall include the following: A thru H - No change I. 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. Add New Section 23-4-970. Referral process. Upon determination that the application submittal is complete, the Department of Planning Services shall: A. Refer the application to applicable referral agencies for review and comment. Agencies can include the Department of Public Works and any others deemed necessary. The agencies shall respond within twenty-one (21) days after the mailing of the application by the COUNTY. The reviews and comments solicited by the COUNTY are intended to provide the COUNTY with information about the proposed USE. The COUNTY 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. B. Send a request for comment in support or opposition regarding the Zoning Permit for a COMMERCIAL VEHICLE 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, upon receipt of the application. 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 permitting process, even if such error results in the failure of a surround property owner to receive such notification. Re -number Section 23-4-960 to 23-4-980. Delegation of authority. A. The Board of County Commissioners delegates the authority to issue a zoning permit for a commercial vehicle 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. B. If the Department of Planning Services denies the Permit, the applicant may appeal, in writing to the Director of Planning Services, within ten (10) days of receipt of the denial notice. A meeting shall be scheduled with the Board of County Commissioners to provide the landowner an opportunity to appeal the denial, for good cause shown. If the landowner does not submit a written appeal, the denial becomes final. C. If the Department of Planning Services does receive signed notification that thirty percent (30%) or more of surrounding property owners within five hundred (500) feet of the subject property are in opposition to the permitting of a COMMERCIAL VEHICLE, then the Board of County Commissioners shall review the application for compliance with the criteria set out in this Section at a regularly scheduled meeting of the Board: 1. The Department of Planning Services will notify the applicant, granting ten (10) business days to determine if they want to proceed with the application. 2. If the applicant notifies the Department of Planning Services of their desire to proceed with the application, the Department will request a hearing date and time from the Clerk to the Board and prepare a staff report. 3. 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. 4. The Department of Planning Services shall post a sign for the applicant on the property in question indicating that one (1) commercial vehicle has been requested for the property, the meeting date and a 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. 5. The Board of County Commissioners shall consider any testimony of surrounding property owners concerning the effects of the COMMERCIAL VEHICLE on the surrounding properties and its compliance with the criteria set out in this Section. Amend Section 23-6-20. Appeals of administrative decisions. Intro, and A thru B - No change C. Duties of the Board of Adjustment. The Board of Adjustment shall hold a public hearing to consider the APPEAL. The concurring vote of four (4) members of the Board of Adjustment shall be necessary in order to decide in favor of the appellant on any APPEAL of an administrative decision. The Board's decision shall be based upon only the information presented at the public hearing and its interpretation of Chapter 23 of this Code. Amend Section 23-6-30. Appeals for interpretation of zone district boundaries or lot lines. APPEALS to the Board of Adjustment brought pursuant to Section 23-6-10 B above shall be made and processed as set forth below: A thru B - No change C. Duties of the Board of Adjustment. The Board of Adjustment shall hold a public hearing to consider the APPEAL. The concurring vote of four (4) members of the Board of Adjustment shall be necessary in order to decide in favor of the appellant on any APPEAL for interpretation of zone district boundaries or lot lines. The Board's decision shall be based upon only the information presented at the public hearing and its interpretation of Chapter 23 of this Code. Amend Section 23-6-40. Appeals for variance. APPEALS to the Board of Adjustment brought pursuant to Section 23-6-10 C above shall be made and processed as set forth below. A thru B - No change. C. Duties of the Board of Adjustment. The Board of Adjustment shall hold a public hearing to consider the APPEAL. The concurring vote of three (3) members of the Board of Adjustment shall be necessary in order to decide in favor of the appellant on any APPEAL for variance. An appeal for variance of the terms of this Chapter, Chapter 26 or Chapter 27 of this Code shall not be granted until and unless the Board of Adjustment, based only upon the information presented at the public hearing and its interpretation of Chapter 23 of this Code, has found and determined that: 1. Special conditions and circumstances exist which are peculiar to the LOT, STRUCTURE or BUILDING involved and which are not applicable to other LOTS, STRUCTURES or BUILDINGS in the same zoning district. 2. Literal interpretation of the provisions of this Chapter would deprive the appellant of rights commonly enjoyed by other properties in the same zoning district under the terms of this Chapter. 3. The special conditions and circumstances do not result solely from the actions of the appellant. 4. The reasons set forth in the application and testimony justify the granting of the variance, and the variance is the minimum variance that will make possible the reasonable USE of the LOT, BUILDING or STRUCTURE. 5. The granting of the variance will be in harmony with the purpose and intent of this Chapter, and will not be injurious to the NEIGHBORHOOD or otherwise detrimental to the public health, safety or welfare. Amend Section 23-6-50. Appeals for variance within Flood Hazard Overlay District. APPEALS to the Board of Adjustment brought pursuant to Section 23-6-10 C shall be made and processed as set forth below: A thru B - No change. C. Duties of the Board of Adjustment. 1. The Board of Adjustment shall hold a public hearing to consider the APPEAL. The Board shall make its decision based on all technical evaluations, all relevant factors, standards specified in subsection 2, below, and in other sections of this Chapter, and any information presented at the public hearing, and its interpretation of Chapter 23 of this Code. The concurring vote of three (3) members of the Board of Adjustment shall be necessary in order to decide in favor of the appellant on any APPEAL for VARIANCE of the terms of this Chapter within the Flood Hazard Overlay District. Remainder of Section - No change CHAPTER 24 SUBDIVISIONS Add new Section 24-3-70. Failure to record a minor subdivision plat. If a final plat has not been recorded within one (1) year of the date of the approval of the minor subdivision final plat, 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 minor subdivision final plat has not been abandoned and that the applicant possesses the willingness and ability to record the final 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 final plat cannot be met, the Board may, after a public hearing, revoke the minor subdivision final plat. Add new Section 24-3-80. Failure to commence a minor subdivision final plat. If no construction has begun or no use established in the minor subdivision within three (3) years of the date of the approval of the minor subdivision final plan, the Board of County Commissioners may require the landowner to appear before it and present evidence substantiating that the final plat has not been abandoned and that the applicant possesses the willingness and ability to continue the minor subdivision. The Board of County Commissioners may extend the date for initiation of the minor subdivision construction and shall annually require the applicant to demonstrate that the minor subdivision has not been abandoned. If the Board of County Commissioners determines that conditions supporting the original approval of the minor subdivision final plat have changed or that the landowner cannot implement the minor subdivision final plat, the Board may, after a public hearing, revoke the minor subdivision final plat and order the recorded minor subdivision vacated. Add new Section 24-3-90. Failure to comply with the minor subdivision final plan. The Board of County Commissioners may serve written notice upon such organization or upon the owners or residents of the minor subdivision setting forth that the organization has failed to comply with the minor subdivision final plat. Said notice shall include a demand that such deficiencies of maintenance be cured within thirty (30) days thereof. A hearing shall be held by the Board of County Commissioners within fifteen (15) days of the issuance of such notice, setting forth the item, date and place of the hearing. The Board may modify the terms of the original notice as to deficiencies and may give an extension of time within which they shall be rectified. Amend Section 24-4-40. Final plat. An applicant shall submit a complete major subdivision final plat application with the required number of application copies and application fee to the Planner. The required number of application copies shall be determined by the Planner. The following information shall be submitted as part of a final plat application. A. A final plat application form provided by the Planner. B. A copy of a title commitment issued by a title insurance company or a title opinion by an attorney licensed to practice in the State. The commitment or opinion shall set forth the names of all owners of property. The commitment or opinion shall include a list of all mortgages, judgments, liens, easements, contracts and agreements of record in the County affecting the property described in the application. If the attorney's opinion or title commitment discloses additional holders or owners of such mortgages, judgments, liens, easements, contracts or agreements, not party to the application, the Board may require them to join in and approve it. The title commitment or opinion shall be completed within thirty (30) days prior to the application submission date. C. On separate sheets attached to the final plat application form, the following information is required: 1. A description of the type of uses proposed for the subdivision. 2. A summary of any concerns identified during the preliminary plan application process with an explanation of how the concerns will be addressed or resolved. 3. The total number of lots proposed. 4. A description of the subdivision circulation system, including sidewalk width, road width, type and depth of road surface, curb and gutter, valley pan, width and depth of borrow ditches and vehicle parking arrangement. 5. A statement indicating if on -street parking will be permitted within the proposed subdivision. 6. A statement describing the ownership, function and maintenance of any school site, open space or park within the proposed subdivision. 7. If the applicant is to dedicate land for schools, roads, parks or other public purposes, a letter of intent from the appropriate public agency stating that it will accept the lands to be dedicated. 8. A description of the proposed water system accompanied by an estimate of the total gallons per day required to serve the subdivision. 9. A water supply resource report. The report will contain written evidence that a water supply of sufficient quality, quantity and dependability will be available to serve the proposed subdivision. Such evidence may include, but shall not be limited to, the following: evidence of ownership or use of existing water rights; historic use and estimated yield of claimed water rights; amenability of existing rights to a change in use; and evidence that a public or private water supply is available. The amount of water available for use within the subdivision, feasibility of extending services and evidence concerning potability of the water supply for the proposed subdivision shall be identified. 10. A copy of a contract or some tangible guarantee providing for a common water supply if water is required to be supplied by a water district, municipality or other agency. 11. A description of the proposed sewer system. The description shall include an estimate of the total number of gallons per day of sewage to be treated by public sewer or the suitability of another means of disposal if public sewer is not required. 12. A copy of a contract or other tangible guarantee providing for adequate sewage treatment by a public sewage treatment agency if public sewage treatment is required. 13. A statement explaining how recommendations of the Colorado Geological Survey will be met. 14. A list of any covenants, grants of easement and restrictions imposed upon any land, buildings and structures within the proposed subdivision. 15. A copy of a Colorado Department of Transportation access permit if a new street intersects with a state highway. 16. If applicable, a copy of an agreement signed by the applicant and representative of the irrigation ditch company. The agreement shall specify an agreed -upon treatment of the ditch as provided in Section 24-6-40 of this Chapter. 17. Proof of an existing easement or dedicated right-of-way when it is contiguous to an easement or right-of-way of the proposed subdivision. 18. A proposed subdivision improvements agreement executed by the applicant. The agreement forms are provided by the Planner. The agreement shall be made in accordance with the County policy on collateral for improvements. 19. If applicable, an off -site road improvements agreement executed by the applicant. The agreement shall be in accordance with Section 24-9-20 of this Chapter. 20. A drainage report shall be prepared in compliance with the requirements of Sections 24-7- 120 and 24-7-130 of this Chapter. 21. An erosion control report may be required at the request of the Department of Public Works. 22. Subdivision road plans prepared by a professional engineer licensed to work in the State. The road plans shall be dated and bear the signature and seal of the engineer. The road plans shall include the following minimum data: a. Plans and profiles of all roads to be improved. b. A typical cross-section of applicable roads, culverts and bridges. c. Typical road section, including pavement design supported by soil reports, test results and computations. d. Typical or specific details of road intersections and cul-de-sacs. e. A complete estimate of costs. f. Any additional information required by the Department of Public Works. 23. A certificate from the County Treasurer showing no delinquent taxes for the area referred to in the application materials. 24. A title commitment or a title opinion covering all public dedications. 25. A warranty deed, if required, deeding to the appropriate entity any lands to be used for the benefit of the public or owners and future owners of the subdivision. 26. A set of sign plans in accordance with the requirements of Chapter 23, Article IV, Division 2. D. A certified list of the names, addresses and the corresponding parcel identification numbers assigned by the County Assessor to the owners of property of the surface estate within five hundred (500) feet of the property subject to the application. The source of such list shall be from the records of the County Assessor, or an ownership update from a title 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. E. The written certification required by Section 24-65.5-103.3, C.R.S., if applicable. Such certification may be submitted on the date of the initial public hearing referred to in Section 24.65.5-103(1), C.R.S. F. Final plat map requirements. 1. The plat shall be delineated in nonfading permanent black ink on a dimensionally stable polyester sheet such as cronar, Mylar or other product of equal quality, three (3) millimeters or greater in thickness. The size of each sheet shall be twenty-four (24) inches in height by thirty- six (36) inches in width. No final plat submitted shall contain any form of stick -on type material such as, but not limited to, "sticky -back" or adhesive film, Kroy lettering or tape. The drawing shall be at a scale of one (1) inch equals one -hundred (100) feet. 2. A photo Mylar copy or diazo-sensitized Mylar copy of the original ink drawing, three (3) millimeters or greater in thickness, may be submitted. 3. The plat shall meet the following criteria: bear original signatures and seals; be made from a dimensionally stable polyester sheet such as cronar or Mylar or other product of equal quality; be at least three (3) millimeters in thickness; and all components, including signatures, shall be made with nonfading permanent black ink. 4. If a subdivision requires more than two (2) sheets, a map showing the relationship of the individual sheets shall be required. 5. All work shall comply with the requirements of Sections 38-50-101, 38-51-101, 38-51-102, 38-53-103 and 38-53-104, C.R.S. 6. All work shall comply with the requirements of the "Bylaws and Rules of Procedure of the State Board of Registration for Professional Engineers and Professional Land Surveyors" and "Rules of Professional Conduct of the State Board of Registration for Professional Engineers and Professional Land Surveyors — Board Policy Statements." 7. The subdivision plat shall be referenced to at least two (2) public land survey monuments of record in accordance with Section 38-53-102(7), C.R.S. 8. A signed copy of all Colorado Land Survey Monument Records for indicated "Aliquot Corners" will be submitted with the final plat in accordance with Section 38-53-102(2), C.R.S. If an "Aliquot Corner" indicated on the final plat is substantially as described in an existing record previously filed and in the appropriate records of the County Clerk and Recorder, a copy of that monument record and a letter of certification stating that it is as described thereon shall be submitted. 9. The surveyor making a plat shall certify on the plat that it conforms with all applicable rules, regulations and laws of the State, State Board of Registration for Professional Engineers and Professional Land Surveyors and the County. 10. The surveyor shall affix his or her name, seal and date of certification as prescribed in the "Bylaws and Rules of Procedure of the State Board of Registration for Professional Engineers and Professional Land Surveyors." G. The final plat map shall include the following information. 1. The basis of bearings, north arrow, subdivision, name, date, total acreage, total number of lots, name and address of the owners of record, legal description, stated scale and graphic scale. 2. The bearings, distances and curve data of all perimeter boundary lines shall be indicated outside the boundary line, not inside, with the lot dimensions. When the plat is bounded by an irregular shore line or a body of water, the bearings and distances of a closing meander traverse shall be given and a notation made that the plat includes all land to the water's edge or otherwise. 3. Lots and blocks shall be numbered consecutively. Bearings and lengths shall be given for all lot lines, except for interior lot lines where the bearings and lengths are the same as both end lot lines. All dimensions of irregularly shaped lots shall be indicated. All lot lines intersecting a curve shall state if they are radial or nonradial lines. Lengths shall be shown to hundredths of a foot and angular dimensions and bearings to seconds of arc. 4. The area of each lot shall be shown in square feet, if less than one (1) acre. If lots are greater than one (1) acre, the area shall be shown in acres. 5. Curved boundaries and all curves on the final plat shall include the radius of curve, central angle, chord distance and bearing. 6. Any parcel that is excepted from the subdivision shall be marked, "not included in this subdivision." The boundaries of an excepted parcel shall be identified by bearings and distances. 7. All streets, walkways and alleys shall be designated and identified by bearings and dimensions. All street names shall be shown. 8. All easements that are not parallel to a lot line shall be designated and identified by bearings and dimensions. 9. The location of easements along lot lines for water, sewer, electric, gas, telephone and any other utilities within the proposed subdivision. Utility easements shall be designed to meet requirements of this Chapter. 10. A utility service statement block shall appear on the final plat map. The block shall identify each utility company, special district or municipality intended to provide service to the proposed subdivision. The block shall include: a. he name of each utility service company. b. dated signature and statement from the representative of the utility company indicating one (1) of the following: 1) Service is available. 2) Service is available, subject to the following specific conditions. 3) Service is not available for the proposed subdivision. 11. The final plat or resubdivision plat shall show the location of any plugged or abandoned oil and gas well. The well shall be permanently marked by a brass plaque set in concrete, similar to a permanent bench mark, to monument its location. Such plaque shall contain any information required on a dry hole marker by the Colorado Oil and Gas Conservation Commission. 12. All land within the boundaries of the subdivision shall be accounted for either as lots, easements, rights -of -way, private street, alley, walkway, trail or public area. 13. If a final plat is revised, a copy of the original final plat shall be provided for comparison purposes. 14. The final plat or resubdivision plat shall contain the certificates and seals located at Appendix 24-C to this Chapter. Provision shall be made for all seals to be placed approximately two (2) inches from the final plat border. 15. The location of any sign requiring zoning approval shall be shown. Distances from property lines shall be indicated. H. An affidavit listing the names and addresses of all entities with a security interest in the property being considered. The list shall be compiled from the title commitment issued by a title insurance company or a title opinion by an attorney licensed to practice in the State, and shall be current as of a date not more than thirty (30) days prior to the date the application is submitted to the Department of Planning Services. Section 24-4-40.E. and following to be re -located and re -lettered as new Section 24-4-50 below. New added Section 24-4-50. Final plat processing and review procedure. A. Any person wanting to apply for a major subdivision final plat review shall arrange for a preapplication conference with the Department of Planning Services. Final plats that are intended to make minor changes to existing subdivisions may request a waiver of some conditions during the Planning Staffs approval. The applicant shall contact Planning Services for direction. B. Preliminary plan approval must be obtained from the Board prior to submitting a final plat. A final plat shall be submitted for approval within one (1) year of the date a preliminary plan has been approved by the Board of County Commissioners. No final plat submission shall be accepted after expiration of the one-year period unless an extension of time has been granted by the Board. An extension of time may be granted by the Board upon written request of the subdivider within one (1) year of the date of approval of the preliminary plan. Any plat submitted after expiration of the approval period without a time extension shall be processed as a new preliminary plan application. C. The final plat shall conform to the approved preliminary plan. The Board may approve a modified final plat if changes reflect improvements in design or changes have occurred to surrounding land uses or the environment since the time of the preliminary plan approval. D. If the final plat application complies with the approved preliminary plan application, the Planner shall notify the Clerk to the Board to schedule a Board hearing date. If the final plat application does not comply with the preliminary plan application, the Planner may refer the application to the appropriate referral agency and then notify the Clerk to the Board to schedule a Board hearing date. E. The Clerk to the Board shall give notice of the application for a final plat and the Board's public hearing date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. The notification shall be mailed first class not less than ten (10) days before the scheduled public hearing. F. The Planner shall post a sign on the property under consideration of a major subdivision final plat. 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 shall be posted where a driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services shall certify that the sign has been posted for the ten (10) days preceding the hearing date and evidenced with a photograph. The sign shall show the following information: 1. The assigned final plat application number. 2. The date, time and place of the public hearing. 3. The phone and location of the Department of Planning Services. 4. The applicant's name. 5. The acreage of the parcel under consideration. 6. The type of request. G. The Clerk to the Board shall arrange for legal notice of the Board hearing published in the newspaper designated by the Board for publication of notices. The date of publication shall be at least fourteen (14) days prior to the hearing. H. The Planner shall prepare comments for use by the Board addressing all aspects of the application, including the following: 1. Compliance with Chapter 22 of this Code, the existing or future development of the surrounding areas as permitted by the existing zoning and with the future development as projected by Chapter 22, and the Comprehensive Plan or Master Plan of affected municipalities and intergovernmental agreements. 2. Compliance with this Chapter, Chapter 23 of this Code, the zone district in which the proposed use is located, and any adopted intergovernmental agreements or master plans of affected municipalities. 3. That comments received from referral agencies have been addressed, if applicable. 4. That definite provision has been made for a water supply that is sufficient in terms of quantity, dependability and quality to provide water for the subdivision, including fire protection. 5. That, if a public sewage disposal system is proposed, provision has been made for the system and, if other methods of sewage disposal are proposed, evidence that such systems will comply with state and local laws and regulations which are in effect at the time of submission of the subdivision. 6. That streets within the subdivision are adequate in functional classification, width and structural capacity to meet the traffic requirements of the subdivision. 7. That off -site street or highway facilities providing access to the subdivision are adequate in functional classification, width and structural capacity to meet the traffic requirements of the subdivision in accordance with the requirements set forth in Article VII of this Chapter. 8. That facilities providing drainage and stormwater management are adequate. 9. That the subdivision will not cause an unreasonable burden on the ability of local governments or districts to provide fire and police protection, hospital, solid waste disposal and other services. 10. That the subdivision will not cause air pollution violations based on Colorado Department of Health standards. 11. The subdivision conforms to the subdivision design standards of Article VII. 12. The subdivision will not have an undue adverse effect on wildlife, its habitat, the preservation of prime agricultural land and historical sites. I. The Board shall hold a public hearing to consider the application and to take final action thereon. In making a decision on the final plat application, the Board shall consider the recommendation of the Department of Planning Services, the facts presented at the public hearing and the information contained in the official record, including the Planner's case file. The applicant has the burden of proof to show that the standards of Paragraphs a through I below are met. The applicant shall demonstrate: 1. That the proposed subdivision is located within an urban growth boundary area as defined and adopted in any approved intergovernmental agreement, or as defined in Chapter 22 of this Code. 2. Compliance with this Chapter, Chapter 23 of this Code, the zone district in which the proposed use is located, and any adopted intergovernmental agreements or master plans of affected municipalities. 3. That comments received from referral agencies have been addressed, if applicable. 4. That definite provision has been made for a water supply that is sufficient in terms of quantity, dependability and quality to provide water for the subdivision, including fire protection. 5. That, if a public sewage disposal system is proposed, provision has been made for the system and, if other methods of sewage disposal are proposed, evidence that such systems will comply with state and local laws and regulations which are in effect at the time of submission of the subdivision. 6. That streets within the subdivision are adequate in functional classification, width and structural capacity to meet the traffic requirements of the proposed subdivision. 7. That off -site street or highway facilities providing access to the proposed subdivision are adequate in functional classification, width and structural capacity to meet the traffic requirements of the proposed subdivision. 8. That facilities providing drainage and stormwater management are adequate. 9. That the subdivision will not cause an unreasonable burden on the ability of local governments or districts to provide fire and police protection, hospital, solid waste disposal and other services. 10. That the subdivision will not cause air pollution violations based on Colorado Department of Health standards. 11. That the proposed subdivision conforms to the subdivision design standards of Article VII. 12. That the subdivision will not have an undue adverse effect on wildlife, its habitat, the preservation of prime agricultural land and historical sites. J. The Board's final decision will be by resolution. A record of such action and a copy of the resolution will be kept in the files of the Clerk to the Board. The Planner shall record an approved final plat and resolution with the County Clerk and Recorder. K. No final plat shall be considered approved and eligible for recording until the Board has approved a subdivision improvements agreement. L. The Board may, without a hearing or compliance with any of the submission, referral or review requirements of this Chapter, approve a correction plat if the sole purpose of such correction plat is to correct one (1) or more technical errors in an approved plat. The correction plat shall be consistent with the approved final plat. This Article shall be followed when proposing other changes to a recorded final plat. Add new Section 24-4-60. Failure to record a major subdivision plat. If a final plat has not been recorded within one (1) year of the date of the approval of the major subdivision final plat, 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 major subdivision final plat has not been abandoned and that the applicant possesses the willingness and ability to record the final 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 final plat cannot be met, the Board may, after a public hearing, revoke the major subdivision final plat. Add new Section 24-4-70. Failure to commence a major subdivision final plat. If no construction has begun or no use established in the major subdivision within three (3) years of the date of the approval of the major subdivision final plan, the Board of County Commissioners may require the landowner to appear before it and present evidence substantiating that the final plat has not been abandoned and that the applicant possesses the willingness and ability to continue the major subdivision. The Board of County Commissioners may extend the date for initiation of the major subdivision construction and shall annually require the applicant to demonstrate that the major subdivision has not been abandoned. If the Board of County Commissioners determines that conditions supporting the original approval of the major subdivision final plat have changed or that the landowner cannot implement the major subdivision final plat, the Board may, after a public hearing, revoke the major subdivision final plat and order the recorded major subdivision vacated. Add new Section 24-4-80. Failure to comply with the major subdivision final plan. The Board of County Commissioners may serve written notice upon such organization or upon the owners or residents of the major subdivision setting forth that the organization has failed to comply with the major subdivision final plat. Said notice shall include a demand that such deficiencies of maintenance be cured within thirty (30) days thereof. A hearing shall be held by the Board of County Commissioners within fifteen (15) days of the issuance of such notice, setting forth the item, date and place of the hearing. The Board may modify the terms of the original notice as to deficiencies and may give an extension of time within which they shall be rectified. Amend Section 24-8-30. Subdivision Exemption. A. The subdivision exemption is intended for the following four (4) purposes: 1. Division of a parcel of interest in a parcel which does not result in the creation of a new residential or permanent building site. When otherwise allowed by recorded exemption regulations, the subdivision exemption can be utilized in conjunction with a recorded exemption to separate one (1) additional existing habitable residence with accessory outbuildings from any of the recorded exemption parcels. A subdivision exemption lot in conjunction with a recorded exemption created prior to March 1, 2004, is eligible for a one -time -only land exemption. A subdivision exemption lot in conjunction with a recorded exemption created after March 1, 2004, is not eligible for a future land exemption. The subdivision exemption must meet the following criteria: Remainder of Section - No change CHAPTER 26 REGIONAL URBANIZATION AREAS ARTICLE I Rural Urbanization Areas ("RUAs") Amend all Sections and sub -sections throughout Chapter 26. Regional Urbanization Areas. — various Wherever the phrase "Mixed Use Development" or "Mixed Use Development area" or "Mixed Use Development areas" are used, change to "Regional Urbanization Area" or "Regional Urbanization Areas". Wherever the term "MUD" or "MUDs" or "MUD area" or "MUD areas" are used, change to "RUA" or "RUAs". Amend Section 26-1-10. General. A. The Regional Urbanization Areas (RUA's) provide unique and challenging opportunities for the establishment of an ongoing planning process in areas which are experiencing increased growth and development. The presence of an interstate and state highway system and the external growth pressures from the Longmont Metropolitan Area and the 1-76 Corridor have added to the interest in land development and population growth within these areas. The intent of this Chapter is to guide and implement planned land use changes in the RUA's, particularly the conversion of rural lands to more intensive urban -type land uses. The regulations found in this Chapter are intended to be implemented by the land use and development policies in the Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance and Planned Unit Development Ordinance contained in Chapters 22, 23, 24 and 27, respectively, of this Code. B. A list of common acronyms and abbreviations utilized in this Chapter is contained in Appendix 26-A to this Chapter. C. The location of a property within an RUA does not, by itself, create a presumption that a non -urban use on said property which is either a use by right, accessory use, or use by special review in the A (Agricultural) Zone District (or other districts that may also support non -urban uses), is incompatible with current uses on surrounding properties. Amend Section 26-2-50. Landscaping regulations. A thru C. No change. D thru D.2.d - No change e. Applicants adjacent to 1-25 or State Highway 119 shall construct a berm along the highway with maximum 4:1 side slopes to a height sufficient to screen elements of the development that lie along the ground plane development (parking lots, storage areas or other similar site elements) as far as one hundred eighty (180) feet from the right-of-way line. The maximum berm height shall be six (6) feet above the existing elevation at the foot of the proposed berm. If additional height of screening is necessary above the six-foot berm, it shall be achieved through dense landscape plantings. Plantings on top of berms shall be designed so as to not create snow traps. A berm may not be required if the subject property is elevated above the roadway and it can be demonstrated that views into the site will not be possible for a distance of one hundred eighty (180) feet. Required landscaping and screening within the landscape setback and other portions of the property shall be governed by the landscape standards contained within this Chapter and any other more restrictive requirements contained in Chapters 23 and 24 of this Code. The visual screening distance is not meant to imply an increase in setbacks that are established elsewhere in this Code. Remainder of Section - No change CHAPTER 27 PLANNED UNIT DEVELOPMENT Amend Sec. 27-8-70. Failure to commence a PUD final plan. If no construction has begun or no use established in the PUD within three (3) years of the date of the approval of the PUD final plan, the Board of County Commissioners may require the landowner to appear before it and present evidence substantiating that the PUD final plan has not been abandoned and that the applicant possesses the willingness and ability to continue the PUD. The Board of County Commissioners may extend the date for initiation of the PUD construction and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board of County Commissioners determines that conditions supporting the original approval of the PUD final plan have changed or that the landowner cannot implement the PUD final plan, the Board may, after a public hearing, revoke the PUD final plan and order the recorded PUD plan vacated. BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Colorado Code Publishing to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and sub sections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and sub -sections in said Code. BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. NOTICE PURSUANT to the Weld County Home Rule Charter, Ordinance Number 2009-8 published above, was introduced and, on motion duly made and seconded, approved upon first reading on August 17, 2009. A public hearing and second reading is scheduled to be held in the Chambers of the Board, First Floor Hearing Room, 915 10th Street, Greeley, Colorado 80631, on August 31, 2009. All persons in any manner interested in the reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's office at phone (970) 336-7215, Extension 4225, or fax (970) 352-0242, prior to the day of the hearing if, as the result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, Third Floor, 915 10th Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E -Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E -Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. SECOND READING: August 31, 2009, at 9:00 a.m. THIRD READING: September 14, 2009, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: August 18, 2009 PUBLISHED: August 20, 2009, in the Windsor Beacon Your Local Neuwjxgwr Suite 1896 Windsor Beacon STATE OF COLORADO ) ss: AFFIDAVIT OF PUBLICATION COUNTY OF WELD ) Echo Villa , being duly sworn, deposes and says that said is the legal clerk of the Windsor Beacon; that the same is a weekly newspaper of general circulation and printed and published in the town of Windsor, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said weekly newspaper for 1 Week; that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the issue of said newspaper on Thursday, August 27, 2009 that the last publication thereof was contained in the issue of said newspaper on Thursday, August 27, 2009 that said Windsor Beacon has been published continuously and uninterruptedly during the period of at least six months next prior to the first publication of said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. CZ) 11-7 Legal Clerk Subscribed and sworn to before me, within the County of Weld, State of Colorado this \\\pt1IPP!71!um Wednesday August 26, 2009 wyp' '' ' C/,t/�� Commission ex Tres O4/U7/mow vY \\0 r :fno '°UBL\O 'O$ WELD COUNTY CLERK TO THE BOARD 915 10TH ST GREELEY, CO 80631 Notary Public Thursda ,Auau WELD COUNTY CODE ORDINANCE 2009-8 IN RE MATTER OF BEPENNG AND REENACTING. Otto NENDMENTS, COOPERS 22 W WIEIBLStOE PUHA 23 ZONING, 24 SUBDIVISIONS, 26 MIXED USE DEVELOPMENT AND 27 RAINED tNT OEWLOPMENT OF TIE WELD COUNTY CODE BE R ORDAINED BY 150E BOARD Of COMFY COMMISSIONERS Of THE COMITY OF WELD, STATE Of COLORADO. WHEREAS. the Board of County Commissioners of tht County of Weed, State of Colorado, puaant to Colorado statute amine WON Luny Home Rub Charts is rested with the authority of adminatenne the affairs of Wed Count'. Moenado, and MOMS, the Board of Coeay Commissore3 on Oecember 28,21100, adopted Weld Count Code Ordnance 2000-I, enacting B comprenereye Cale for the County of Web. including the codoaba el all prevloabe adopted ordinances of a genets and permanent rotors enacted on or before ad date of adoption, and WHEREAS, thoWe U County Code is in reed o raison and clarification with regard to procedures. terms and requiremente therein. NOW, THEREFORE, BE IT ORDANED by the Board of County Commissioners of the County of Wed, Stab of Colorado, the certain existing Chapters of the Wed County Code be. and betelare, repeal arE re-enacted. with amendments, and the roans Chapters are mod to tad as follows. CHAPTER 22 COMPROENSWE fINd Amend Sec. 22.1.150. Comprehensive Pan amendment Procedure. Inbsucl'Im,0. and B No change B 1 thou B.4 No change 134.a. Exraba of RIP Boundaries. The proposed application must wbmtthe onto B La.(f) thm RI -No change. 6) Include a list of mineral rights owners of subsurbce properly of the wing w property rot b ue 00*001 ai lost thirty (3)) den Me to the Planning Commission hearing and 5501 he submitted prior b the date of the healing. Inadvertent ems by the applicant in servrg such Mtge oral not crate a jurisdictional defect in the Mang process, even nth error results in the failure of a mineral fight warm receive such notification. B 4.0(7) thm R4)- Its change B.4.b. Msifieanon to Land Use PAasifiaan of Property thready Whin the MN PWsares. The proposed application must submd the following: B.4n(I) thou PO—Nochange t Include a psi of mineral rights owners owbswfce Notucotherrealg ted below will be se�mtethe Meant at at least thirty (3O an prat to the Planning Commission haring and shat be submitted prior a to date of the hearing. latertnt errors by the applicant in sending such nobs shall not create a junadicbmi defect in the Mangprocess. ems if such eror mule in the Wore of rights owner a receive such notaceh o. a mr0.4 b.(7)that 03)- No charge B.4. c. Language amendment to th e the RIO e proposed application must submit the following: B.4.cl11fvu (2) -Ho change 3) Include a list of mines riche owners of sub -surface prnpore loatd below MK* subjMat eapplication. Notice of the Mang wig be sent by the applicant at least thirty (3% days pet to the Planning Commission Nearing and shill be submitted prior b the date of the heanng. Inadvertent emirs by the applhant in sending such Mee shall not create a jurisdictional aka in the hearing process, den if such error results in the failure of a mineral rights carer to receive such notification. B4.c.(4)au (8)- No change B 5. the following supporting documents shall be submiMd re a part of the appl'icathn, except for those items determined by the Director of Planning SWIPE'S or the Board o County Commissioners ro be unnecessary le a decision on the application: 5) A statement denoting why the Comprehensive Plan is in need of raison. 2) A ascription of any social, economic, or and the cosditre of the County that mar Moe charged, tat wood support ate Vngt the Comprehensive Plan. W) As arnentaunbvg Now to proposed amendment ill be consistent wM aisnrg and Tare teals, moles and needs of the County, including date for an ALP te decried in to CMpo. 4) Dement -Irate, through supporting documentable), how the proposed Comprehereive Pan amendment for a new MN will address the impact on evicting or planned smmwtate and emergncncy including, limited N. roads. s) cemaabar, through supporting documentation. hew the proposed RIM will address the impacts on the ahss environment 6) Delineate the number of people who will reside and wend!, the proposed area and the number ofjobs created number d ecche-aged ROW BUIL this nren and add rte me aealial service provision ntta remises schools, of the purpled popeatn. 7) Irclade a serried list of the names, addresses and the corepxmng parcel identification numbers augred el the County Assessor to he owners of smeary Atha solace estate M it one thoaand (1.060) feet of to properly sulked be to application. The source of such lad andl be horn to topes of the County Amesar, Of n ownership update horn to abstract company or an • dewed bornsuch recpra, or from to mobs of the County Clerk and Recorder. H the lot was assembled tmmM recoils oftheCartAWmr,6e applkantsliall retry Jolson to was assembled wi hiotiry Mt aye of the apple:alibi r submission ate. Inadvertent errors by the applicant in supplying glen list or the Department of RNniMJ Se vices in sending eah N VA, a1Wl net create a jurisdictional detect in the hearing pow, men if such ono results in the failureafa surrounding popery owns to receive couch rohficanon. 6) Include a life of miwl rghb owners of ob- solete properly bated below parcels located wtin the proposed kW Noire of the hesiog MI be tent by the applicant at least thirty (30) days pr o the Panning Commission Macho and oral be submitted prior be the hate of the haring. tratenent errors by 6a applicant in sending such mice shall roe crest a jwidicdoml defect in the hearing percent, even it such error results in the failure of a mimed rights carer to reran such mbfianon. 9) Outline the proposed uses within the proposed RUA inning to maximum flintier el dwelling units, amount of commend and industrial space, and Percentage of apex spare projected bend area 10) Submit a deedor Nod instrument the Dearant of Planing Services idenoyirg the applicants interest in the propery I1) Demonstrate that the site can be serviced by able water as sanary sewer service that is adequate for the Proposed use. 12) Include a prepared preliminary traffic impact sinaorts shay be prepared and certifiedsks van mby a Cobebado regind stered professional engineer competent in trlfic engineed g and shit address impacts to on -site and ot- ite roadways, ircldirg strategic roadways within weld intent of ng State aarrwoss i9 m determinterstate ne Nhprojects cumulasee development impacts. apppproPeate pront mitigation and improvements to Min specspecificpr Mrss impact. N This analysis shall the following information: a. Introduction: Matte the massed development and peameteo of the otum are, iMuding off -sib roadways - b. MP generation Detente airy and a.m. and p.m. using -hur trip generation for the proposed development established rats iaenbea in ore Trip Generator Manuel pudihed by the IaNNe of Transportation Engineers or as agreed to by Couny Engi neenng Staff. c. Top distribution: Bawd on amumpepu contained in the RUA area leaf M analysis or market (*nmat, describe the anticipated trip distribution patens for the proposed development. d. Trip assignment Based on Ne projected Up generation, assumed rip dotdttor and the prevailing interscbam and street eimmt the study area.ected m the e. My reasonable aaidoal information deemed necessary for Mips 13) Include a preliminary Drainage Study. All drainage analysis intonation and reports shall be prepared and certified by a Colorado registered professional erpree competent in the hydraulic engineering and shat address impacts to -site and off -site drainage ways with Weld County, and the surrounding area The intent of this swerves is to damn the projects umuathe development impacts, appr r te Project mrvgation and ineovernentS necessary to offset a specific project's impacts. 14) Goals and Policies for the new RW Such Goals and Policies abed establish the nature and character of future anlOment proposes. as they shout irchde the criteria used to else fWm land now application into RUA_ Browse each RUA is unique and deemt consult with staff LW what form would be test for this Sedan. I RUA map, showing rgeted planning areas and uses: by transportation corridors: general seryce WCilIVs soh as schools. emegenry service centers, and rM1$ and any other elements determined be stN 161 Other supporting information or acumenadon as deemed necessary by the Counts Remainder of Sexton- No charge CHAPTER 23 ZONING Amend Section 23-1-90. Motions. COMMERCIAL SCHOOL A SCHOOL established to provide oast training of business, trade, commecal, inure*, clerical, naagerid, or artistic alas, such as e beauty SCHOOL acme store, or drwrg SCHOOL this definition applies to SCHOOLS that are owned and operated Moaey for profit and that do not typically offer a complete educational curriculum. This caVoaton evduM3 maNehmena that provide training in an activity that is not otherwise generally remitted In to zone district Incidental instructional services in conjunction with another primary use shall not be considered a COMMERCIAL SCHOOL OUTDOOR STORAGE: The outdoor pacenent or laving of goods for future use, preservation, or d'iposal, and associated with and USES such as the ales, rental, distbuhn, or wholesale sale of products, supplies, arch oreqldpmen SCHOOL: Includes and one (1) or more of the brining categories a PUBLIC SCHOOL, community college, junior cdege,cdta or unierriy: an independent or parochial SCHOOL i SOLwhich a aced te compulsory SCHOOL attendance requirements appearing in the School Attendance Law of 1560, AVMs 33 of TM 22, C.B.S. or a COMEtIN SOI00L, as defined herein. Amend Section 23-2-150. Intent and appkabiliy. AJm J. hat change N AOprcaeions for a Ste Plan Review berated in a ReMenal and all app'aate reguatomn Area shall roan, anyam l county ordinance in effect L TM applicant or owner shall suntan mproemenls mimprova• ments as shown n teer q otnict oh, pvuulred andd other supporting documentsThe Agreement stay be male In rwAu axe with County witty on collateral M improvements. The Agreement shall be approved by the Board prior be resting the final exh'ib'it of $t e applicable. Odd new Section 23-2-170. Changes Sr Termination of Use A My approved Site Pan Review shall be limited to the Cans dtowo on the Site Plan Review map and the approved use and type of Oauarsf Maio changes nom the approved Ste Ran gain map, USE. Or rya of occupancy shall require the approval of an amended Site Plan Review by the Department of Penning Services the Department of Panning Services is responsible for determining whether a mayor change aaU, 'm which case a new Site Plan Review application and processing shall be required. My other changes shall be bled in the Department of Panning Services in the approved Site Plan emew file. B. ConstrMn pursuant to approval of a Site Pan Review shall be commervzd, and mnbnal progress made, within three 131 Kars from the dale of approval, of the approval shall terminate. The Director of Panning Services may grant an extension of lire, for paid cause shown. upon awntlen request byte tendon., Amend Sexton 23-2-200. Intent and applicability. 0. Uses by Steen Review are USES which have been determined ro be more income or to have a potentially grater impact than the Uses Alowed By Right in a arbuar zone disc t Therefore, Uses by Special Reis require aa@ea consideration to ensure at they are lished and iscompatible with argoand gaged land antSperated in a manner that the NEIGHBORHOOD. The additional consideration or regulation of Uses *Special Review, and the application to ahem by Special Ran of Peamiarce, Design and Operations Pendants listed both herein and No applcabe IVES from any zone dlst ict are deSigrea to protest and promote the heath, safety, convenience and general weave of the present and figure residents of the COMM!. B thcu O - No change E AppticaMns for Special eevee penny shall be compeedm set fond in Salon 23-2-260. Recompee greenlet and appliSrtn lees shall besubmitted tote Department of Panning Services. F TM applicant orowner shall went an Improvements Agreement agreeing to construct the required improvements, as shown in theapgabon, par and other seppetng documents. The agreement shall be made in conformance with the County policy on Minn for improvement TM agreement shall be approved by the Board poor to recording the final exhibit or pat ff applicable. Revise Section 23-2.260. Changes to a Special Review Penna. A MY approve] Specal Review Permit shall be limited to the ferns shown on the Special Bess plan map and goverchaogea6 hem the approvthe ed Specal Rees Plan Map Major DEVELOPMENT STANDARDS for the Special Revlw Permit shall require 1M review a an amendment TO the mint oCounty Comthe missioners Move suand ch changroval gees Tom to the Board of an map or DEVELOPMENT STANDARDS are remnited. the Department of Planning Services is responsible for determining whether a major change exist Any other themites with shall be filed with tre Department of Planning the approved Special evs Pe Per mit B My decrease in the lard mass occupied by a Use by Special Review Permit shall query to landowner ro be able to request a pedal vcanon of then by Spool Review from the Bard of County Commissioners, penntnng the lathing. 1. The subject Profane under consideration le a parcel vacation of the Use el Special Revive has received om pecate County and Sermisim to rdease thete agencieroPerth s. M rn exammple would rmit fr be the release of a portion d e aravel mining operation horn the Colorado Sate envision of Mining Recamahen and Safety at the completion of the redamaree actylda or the subject property. Evidence of such release shall be provided to the Department of Panning Services with the request lonYaa such portion of the pm erN 2. This process does not create separate parcels. 3 To obtain a partial vacation of to Use by Speed Ran Permit to applicant shall: a. Submit a letter to to Department ofPlanning Services requesting to partial vacation. bSubmit a tied map to the Department of Panning Services illustrating toe vacated ponan of the property and the exiling Perms 4. Upon determireron of compliance with the original Use by Special Renew permit and all applicable applications. e • gaMlmtteM Planing Sand evices` theeoappiaant shall be granted a partial vacation of the Use by Specs Revise permit 5. Olin approved, the applicant must submit a plat conforming to Section 23-2-260.0 of this Code. This pat shall illustrate the vacated perianth of to Inlet' • t shall illaraat thethe Leaden/ Pri or The firsshato the partial vacation. TM second shall Illustrate the use beudary after We partial vacation. Add new Section 23-2-290. Termination of We A COmoecton or USE pursuant to approval of a Oka by Special *vim Permll shall be commenced wain three C) Kars from the data of approve, unless otherwise specified by the Bord when issuing the original Permit or the Permit shall be vacated. The Director of Nanning Senates may grant an extension of line, for good cause shown Mona wnt en request by the landowner. B. AUhe b Sane Review slWlermWawren thetOE is discontinued for a sank of three 131 consecutive Mars, the USE of the land changes. or Mien the lime Pero established by the Hoed trough the approval process expires Be landowner may nth Panning Services of a Pentagon of the USE. or Planning Services staff may observe that to USE has hen terminated. When ether Planing Services is notified by the landowner, or when Penning Serves observes that te USE may has been terminated, the Planner than send certified wean notice vacate he he Its by ner Specal RRevtow Pthe enner request to C. In such ams where the t idowrwr agnate request tovacatetM Ilex by Special Pane Penile such vacation may be done adminiNatey. In such area where the renderer*, does not respond, after Mind rotted written notice, and after a second written earthed notice sent no scorer than rely 130) days after the mailing of Be first notice, then the Special Um Pert may alas be vacated adminimaiey. D. In such cases where the Use by Special Review has terminated, bit the anasvrr does not agree to suet b vacate the Use by Sisal Review Permit a meeting shall be scheduled with the Beard of County Communise to provide to landowner an oppermmy tO be vacated, for good cause that the Use by Special the Wary detert mines that the Use by Specal Review has terminated and no good cause has been shown for continuing the Permit, then the erm'uaan becomes final and the Use by Spode, Review permii vacated. E County staff shall draft a Board resolution setting fodn the determination that a Use by Specal Review is erminated. Record of such can as a copy of the rmlutonwill be kept in the files of the CRAM tote Bard. The Boardol County Commissioners shell orange be the CM to the Board to record the rewlubo.. F. a ususe shall aaloww the Use e Review b PMed MaReve Review Pe null, and the Use by Specid Anew Permit Ran Map. te be administratively vacated for county documents. Ma Use hy Special Resew Permit Plan Map is vacated Wawa the Use by Specal Ran Permit was revoked doe to SWcompliaece with the Permit. map or DEVELOPMMT NOAIBS, the vacatioe shelf be processed as described in Section 23-2-270 above. Ma rode vacation s proposed because of a decrease in the land ram it shall be processed as described in S lion 23.23B0.B- Marine to a Specal Review Petit Amend gecko 23-3-20. Uses by Bight Athru W - No charge X. TEMPORARY seasonal uses, hrcluding fruit and vegetable stands, and Milan for the sale of fireworks and arabas trees, subject to to permit requirements of Article N Division 2 of to Chapter, except as allowed witeut a permit per Section 23-3-20.D. Amend Section 23-330. Accessory uses Intro, and A throe - No change K. argo COntainen as Accessory STRUCIURE. One (1) rgo container as an Accessory STRUeTOE In the A (Agricultural) inside Zohe ne Diit strict lotsibe nan allowed kw storage of uobdivhsion pat or LOTS which are part o a map or plan bbd pmt to the adoption of any regulations controlling subdivisions in to A (Agreutuap Zara Dashed Two (2) cargo containers may be allowed on properly of less then eighty (BO) acres in size, when not on a LOT in an approved or recorded subdivision or LOT which Is part of map or pan filed par to ninon of any regulations controlling subdreisions. Up to five (5) earge containers er tha.n eghry (80) acre in sizbe allowed On e. Additional conual to tainers may be allowed on an lot sizes, as described in Section 23-3-40. M t'x by Special hash). A Cargo container used her Manage YMII rquire the aaree of building permits. Re following conditions shell appy: 1 giro 7 -Meehan L Seml.tine used as accessory storage. Or III semi -trailer used as accessory storage may be permitted on lots in an approved or recorded subdivision pat or LOTS which are pant of a map or plan film prior to de adoption of any regulations controlling subdhsens in the A (Ogre Imra) Zone Oho -lot accosting to the procedure and axing permit requirements outlined in Seder Pa - 4900 of this chapter for the purse of storing goods inside the unit) Up to two (2) semi -trailers may be uteri ry storage r agricultural petrels not in an approved ▪ 8pproved or recorded wbdnoion plat or LOTS senor are regulationspeaeacondonnngg lan subbddia subdivisions A (A its Agricultural) Zone District, without a zoning permit Additional semi - niters used as accessory storage may be allowed on al lot sizes and types, as described in Section 23-3-40.0 (Uses by Special Bdnl. M. COMMERCIAL tEHIOES. Paling and operation of one III COMMERCIAL VEHICLE mN be penned on bb in an approved or recorded subdivision plat or LOTS which are regulations controlling pan filed pear a to adoption of airy Zore District, according subdivisions proceduthe 2�arm rarin nd 2permit requirements outlined in Secflons 3 23-4-165 a 4-9500 of thus Chet., and operation of one (I) COMMERCIAL VEHICLE may be allowed on propery of less than eighty (Rion in size, when not a LOT in an ore map or plan filedprior usubdivision, M a y reg is rd controlling subdivisions, without a zoning permit itParking and operation of up to One (5) COMMAgl1 PEICLES may be alined on poperb equal to, or greater than, eighty (80) sib in size when used to haul mrcuhmral goods, equipment of "vends as long as tie number of oho does rot eared sect' (60) Per day to and Wm the properly. No additional COMMERCIAL VEHICLES are allowed, unless art of a commercial or industrial USE tthenaa permitted by Section 23-3-4o.R (sm by Spread Review) of this Chapter N - No Change Amend Sdbon 23-3-40. Uses by special m's.. Intro BOA -eo change engaged ▪ aeuibedarn'va mro�al,ai 0 phwNs� r od ulltural servicesng agricultural, a lee of contract bay rcludhg: I thm9-No change 10. WAAL BONDING and anima IPaNNG PACNRE5 where the maximum number oARIAL UNITS permitted 59 in Section 23350.5 is needed and/or when 6e Vatic that it generated by the boarding or llain'mp activity needs ably (6o) trips per day to and from the propene. tl try l8 -No change Cthm P - No Change O . Deleted. R try 2- No change AA More than the number of cargo containers allowed as use by fight perlegal lot or ace. BBNm OD No change AmeCCr,rro rcis"n Zone District �-210. AM 53- No charge 4. COMFRWL SCHOOLS, limited to indoor instruction. 4 thug to here -numbered and 5 I 9 10 TEMPORARY seasonal toes. including had and le stands. and facilites for lie sale ofen an Christmas tees, subject be Ole permit requirements of Nth N OWbbn 7 of this Chapter. hoard It tbere-numbered as 1 and 12 Remainder of Section - NocMrye Amend Section 23-3-230. C-3 (Business Commend} Zone Ditto A thro 8.14 - No change 15. OUTDOOR STORAGE, when SCREENED from noble rights -of -way and ADJACENT properties Remainder of Section - No charge Amend Scan 23-3-240. Ca MRNway Commeaa0 Zone District AMR.° - No change T. TEMPORARY seasonal tees, iMudilg fruit and dts anMChritaas trees, subjecttands, and fbjem e petheel requirements of Nice N Division Z of this Chapter. Remainder of Secdon - No change /emend Shan 23-3-310. I-1 (Industral Zone District. Atha B5 -Recharge 6. COMMERCIAL SCHOOLS, limited to indoor imbueion. 6 and 7 to be renumbered as 7 and 8 9 TEMPORARY seasonal uses, ialuding fruit and vegetable stands, and facilities for the sale of fireworks and GAMtna trees, subject to the permit requirements of MEcle N Division 7 of this Chapter 90 On renumbered as 10 Remainder of Section- No change Amend Satan 233320. 1-2 (Indust i) Zore District. A On B.7- No change B TEMPORARY seasonal vegetable including Wb and eable sank and facilities le the ale of fireworo and Moistener trees, subject to to permit requirements of Article N Division 7 of this Chapter. 9. No change. 10. OUTDOOR STORAGE when SCREENED from public rights -of -way and ADJACENT properties C tru C.6 -No change 7. Cargo containers. 7t be renumbered t8 O thm 0.13 -No change 1M. COMMERCIAL SCHOOLS. Remainder of Section - No change Mend Seder 23-3-330. 1-3 (Indust* Zone Dent A No change. Bthm BB. No charge 9. TMPOIRY seasonal uses, including hid and vegetable sta nds, and facilities for de sale of firwors and Clhanas trees, subject to the permit requiRment of Male re Division Z of this paper. 10. No chase It. OUTDOOR sroRAf£, when SCREENED from pubic *hie -f -way and APN6NT propertes. C thru 06 -No change 7. Cargo containers. 7abe renumber a6 D thou D.54- Noehance 15. COMMRWN SCS0e5. Remainder of Section- No change Reim time only. Article N Supplementary District Regulaigs anti Zoning Permits Delete all of Sector 23-4-165. Use of semitrailers as accessory stage. Revise Section 23-4-220. Mobile homes in Cor I Zone District A. A zoning permit o the USE of one (1) MOTTLE HOME may be pentad as an ACCESSORY USE to the principal USE in certain 0 Bammercia) or I (Industrial) Zone Distr's upon adereminson by the aearMce of Planning Services that 1. The MOBILE BONE is necessary be the electoe and economic operation of the business, COMMERCVL or Industrial activity. 2. The MOBILE ROME will not be used for raoentel eurraxs other than the mtd purpose of the pdon or control of the principal USE. 3. Adequate water and sewage disposal facilities are available to the MOBILE HONE. 4. The applicant must obtain a BICDWG permit for to MOBILE HOME and Campy with to insMabor standards of chapM 29 of this Code. A zoning peat shall not be required for a MOBILE HOME in the Commercial or Industrial Zone Distil, it soh R Information is already reflected in an appoved Site Special Use Permit, as determined by the Planner. ci Neighborhood . AU UM 27, 200 Bthry C - No change 0. Al MALE HOMES as ACCESSORY USES is the principal WE in C or I Zone Districts are TEMPORARY and subject to the rauimmems for MOBLE floats m sated in nude R. Division 3 and Article II, Waded 401004 Chapter. The MOBILE HOME shall be removed mm the MSS upon the cessation of the USE of the MOBLE ACME as an ACCESSORY USE to the ;Mess, commehhd or ikmNYitiAry The samonth°ioaton for this TEMPORARY use may be ceded In W -month increments at the dwretipn of to Direct of Planning Services up to two 12) times and thereafter by the Ward of County Commissioners. Add newDSOs] (previously repaid by Ord #20o5 -6j Temporary Seasonal Uses Section 23.4-500. Interest applicability The Intent of the Temporary Samna Use procedure a to (mkt, an admilisballocess e nefor the regulation Mseason' uses and accessory stmxts, PASS huh and vegebble stands. and those forte sale of firaorhs orehremastrees Other seasonal uses may be approved by the Directs of Panning Services Section 234510 Dude of the Department of Planning Services A The appkam shall submit the aklkatien s and intonation required bet to Me Department of Planning Seices.Tbes bmtalshsllberaeadencOmplearas and the applicant notified of ay inadequacies. Once the submittal is dabrmired complete, Planning staff and other agencies such as the Department of Pudic Wet. the affected fire district the Colorado Dearbrct of Tvsporbtim, and the Depatnal of Pudic Heat and Environment shall renew the sebmilal. B After Wier/ and comment by the renew enemies, the Department of Planning Services shall make final deMmire0on of approval or denial of the permit Such determination shall be made lased on its cpnfamarce with Chapter 22 of this Cade and any other akltabe code pinion or ordnance in effect sound land use Planning which to propass was referred. tied standards contained 'm this Chapter. C. If Re Dentition( of Planning Services denies the Pen; the applicant may appal, in writing to the Director of Manning Sereta wits ten (%) days of receipt el te denial robe. A meearg shall be scheduled with the Wand of County Commteores b provide the Widener an apodu ivy to appeal the denial, for good mesa shown. If the Utterer Wee not submit a written appeal, the denial becomes final. Section 234520. Application requirement for bmpncy seasonal use permit. The following supporting documentation shall be submitted as a part of the application: A A TEMPORARY seasonal use permit aaleaan form provided ho the Droanment of Punning Services B. A copy of a deed or legal instrument saying the applicant's interest in the pmaTy under co siereta_ the hams of proposed pof peakoe proposed USE Including peaking areaoed panting !Mend widest that the USE meets the requirements of In lore district 0, [Sena that the USE shag have an adequate source of potable water. E Evidence that the USE in the zone dishet sal have adequate sewage (Seoul lities which include nowo sewage dsspuvll fa[ldes ).enayPorable toilet), as determine] byte department of Public Heats and Environment E A completed County Road Access Information Shea pissded by to Department of Planning Seeman 0. The number of emposees associated with the USE. H. A generalized sketch map Sawn on a Shea of paper eight and one- half (B 1/2) inches by elms (f I) jrcbea The sketch manna, be regale and include the kilning information: 1. the boundary of theprkerb. 2. The bounds° of the proposed USE 3, AmM arrow. 4, The beaten of all exiting and proposed drbaaYs and accesses aasocebd with the panting lot 5. The names of anyea'Isung made on hglaayaabuerg the proposed mope/ 6- Al eking amwlures on the prMn'N plopeM. located in proximity to the proposed USE. 7. NI easements or fights -of -way bas on the proposed property_ B. Location of swage disposal fillies. Revise Dreison 10 Semi -Trailers aaAaanmry Storage hod new Section 23-4-9M last and Cookabi its A One 11) semi -trailer used as accessory swage on lots in an spread or recorded subdivision plat or LOTS which are part Die map or plan filed ors to the adopin the A caoreun maa% Zone Dedsttrico may s controlling emitted thrown issuance of Penne for a Semi -Trailer as Accessory Storage. Boo zoning permit is require d for up to two I21 semi -trailers used for accessory storage on agrauta' parcels t in an abroad or recorded abeeste plat or LOTS which are pan of a map or plan find prior to the adoption of am Muttons utba controlling subdwtitn In the A)Agrkuleag Zoos District Additional sempbYem used as accessory strati may be Aimed on various other b sees and type& as dexribed in Section 23-3- 48.0 llte by Special AWNS. B. When required, a Zoning Permit for a Semi -Trailer as Accessory Storage may be panned *r the purpose of storing agricultural gads and nonagricultural goods inside the unit upon a determination that I. Bectcib is he ay Utility whiff willbe connectedm the semi -baser used for eaam° stage. 2 The semlraber toed for a eomoy stage Will net be used se a% basis as a MAIM osaanipht or temporary housing for any person. 3. The semi -trailer used for accessory berate will maintainsaint 4 1M Property upon which the semi -trailer used for aoesary storage is bated to LEGAL LOT 5. No Astral component of the semi -nailer used for thaccessory r�astorage u ised bee removed � thereby result in 6. The semitib used for accessory storage all not be allowed to dements* Into a stab of disrepair. Such disrepair would include. boo not be limited b, a semi- bailer be accessory storage Partially or *WN damaged by fire, earthquake, wind Of other natural slam, or a semi -Wier In a state ofgener dilapidation, deterioration ordecay resu/a horn a lack of maintenance, vandalism or infestben with vermin or rodents. My such semi- trailer shall be restored to and maintained in the original Cadsn upon being placed on the site or shay be removed from the site 7, The semi -trailer used for accessory storage will be removed from the property upon cessation of such USE. 8. ThesemibuW used for Messily storage coil not in any manner be used todixlay signs 9. The semi -baps used for accessory storage b compatible with the Surrounding area. Re -number and gage Satin 33-4-930 b 234910. Semitrailer as accasay stage Permit requirements, A -K Nschange. L. This zoning pent shall ml be transferable by the apples( aelor owner to any successor, the zoning pent shall terminate automatically upon ameyana or lease of the property Add New Section 23-4-920. Referral process. upon determiatoo that the application submittal is ample, the Departmental Manning Smits shall: A Refer the aalkahn to applicable referral agencies for saw arid comment Aeercia an IMWe the Department of Public WOMB and and others deemed ty- one 33la) days after the . lhe agenciesmallry of the applicatiol respond within n by his CgMC The reviews and comment solicited by the COUNTY tee Wendel to provide he COUNTY with Information about the proposed WE. The COWRY may consider all such Mews and comment and may solicit WOWS Information if such intimation is deemed necesWy. The miens and comment submits by a referral agency am recommendation tettt COMFY. 8. Send a request for mmnenl In support or opposition storage to toseperaa Ii51x nPermit bra rheapplla on a owne* of properly located *thin five hundred (5001 feet of the parcel under consideration. Sort mtfiulion shall be Inadvertentmailed. errors by ' upon e applicant ofin the application supplying see list a thou Department c a Maury Senors in sending such codaNLI oreranecj error defect inure ooPermitting a %ummound pox* oowier t receive such nnotificaton Re -number Satin 23-4.910 to 23-4.930. Delegation Saute*. A The Wed of County Commissioners delegates the ;Monty toeas snoring permit be a sememier with othenvise requires the animal of the Beard of Count/ Commissioe Department of Sh enobbamoan a deterrmintin by the Department that I. The applicant is in compliance with he Wert idendoed in this Chapter for the specific alppry of zoning permit be which application a being made. 2. The Department of Planning Services has Bert nobs and ha not received signed notification of at least thirty within flve hueunrreed(5500)nfeet of to sub Mope% in wpositS^ to the batten o the semi -hailer. If opposed. the pesos shall Scale that he surrounding prosy owners who have signed the notfication have objections to the issuance of a zoning permitter the semi -tails B. If he Department of Planning Services denies the Perak Mangiest may appal incoming to the Director of Planning Serias, withinten (mo) days of receipt of the denial rods. A meeting shall be scheduled with the Bears of County Commissioners to provide the la dwwMr an aadudry b appeal the denial, for ad cause shown. If the landowner does not submit a written appeal. the denial becomes final. C. H the Department Of Panning Services does recebe Signed notification that thirty • nag moat' ownepercent mli fives hundred 15001 feet of he Abaci property are in opposition to he pemtdn2 of a semi -trailer as accessory swage, then the Wand of County Commissioners Sae review the application for compliance with the criteria set out in this Saran ata regularly scheduled meeting of he Wan: t TheDepartment of Planning Services will flak the applicant granting ten (ID) business days to determine if they want to proceed with he eptaten. 2If the applicant notifies the Department of Planning Sense of their desire to proceed Yin the applsbn, the Department will request a baring date ad time from the Cella the Bard and prepare a staff report 3. Tie Bead M County Commisserers shall nb notice of he application for a zoning perms and the meeting dab a mode arsons listed in the appliration ae cars of property sated wiln five hundred (500)feet of the parcel under consideration. Such notification shat be mailed, eat that not less than ten (10) days before the scheduled meeting. Such notice is not required by state slam and is plodded as a courtesy to sunoundiw Perked), teas (0e surface estate). INNehm ems by the amass in supplying such list Or a the Deaem of Planning Services 'n sending such notice gall not shajurisdictional e Multi in tthe failure the rr aux o en y as b receive such narration. surrounding properly 4. The Department of Planning Senka +hap post a sign Sr the applwam on the property in question indicating ha one (1) xmrtrakr as sawn swage has been requested for the prosy. the mating dab and a telephone number where further information mho be Obtained The sign shall be posted at least ten (10) q sS Mato We mating date and evidenced witha 5. The Bard of County CommiMpnem shall consider any testimony of surrounding propertyowremmecerniM the effects of the semi -nailer as accessory storage on the aunouoiron propwtas and is campers with Be criteria set out in this Section. Add new Section 23.4-X0, Intent and Applicability A Parking and operate) of me Ill COLEIFAS% VEHICLE may be permitted on tots in an approved or recorded subdivision pat or LOTS which am pan of a map or plan filed norsollry subdlalivo iinn heAUgthe kulaan of � regulations it through issuance of a Commerce VeM1e Permit B. When required, a Zoning Permit fora Commercial Vehicle may be permitted son ahkrmirebn that 1. The properly upon which the COMMERCIAL VEHICLE is bas isa LEGAL LOT 2, The CAM/ERRY VEHICLE coil be removed from he property upon cesspit* of such USE. 3. The COMMERCIAL VEHICLE is compatible with the surrounding area Re -number and Revise Section 23-4-950 to 234958. Commercial vehicle permit requirements - An application for any Zoning Permit for a Commercial Vent required Ly this Minion Yell include the blowing: Atha) H-Nocharge L This coning perms shall not be harefeabs by the applicant ardor owner to any successor; the zoning pemt sh ll terminate miaautomatically upon Skye/ems or o Add Rex Sedan 23-4.9N, Referral process. Upon determination that the application submittal is complete, the Department o Planning Services shall: A Peter the appliata to applicable referral agencies for review and comment Agencies can iodide the Department of Public Worksand any others deemed aaay. The ageneks shall respond within twenty - ore (21) days and the mailing of he apptatbn by the COUNTY. The rekeek and comment ticied by the CMS% are intended to p orde the COMP( with information about the proposed USE. The Centel may consider all such maws and comment and may alait additional informaton d such Informatn is deemed necessary. Re reviews and comments submitted by a referral agency are recommendations be the WSW B. Send a request for comment in wppon oopponton regardile thoseagarsons listed ithe Zoning n the for a COMMERCIAL happlicationVENOE as owners of talon parcel under conisidereron. hundred notification (shall be mailed fie1{Ysoc upon receipt of he appliabn. inadvertent errors by the applicant in supplying such 1st or he Department of Marring Services in sending such rots shall not crate a jurisdictional defect in the Parking tineretest eiend Pronely owner t rremenntt sue Irmbffication. Re -number authority.Section 23.4.950 b 23-4-980. Delgabn of A The Board of County Commissioners delegate the auuedb to issue a Sling emit for a commercial vehicle of County Commissioners um chip elk hearlrngg d b he%Phe PmienWnt aCt Services upon a t The applicant is in compliance with he cnteda identified in this Chapter for the specific category of zoning permit for which application is being made. 2, Ps [teatime of SkeinsServices has sent Mice and has not imbed signed notification from at least WA Percent (3391) of surrounding pope* owners within live hundred (S00) feet of the subject perry rn opposition to the beer of he commercial hick. If opposed, the surroundim property arm ho have signed thn snall indicate enotfiation have *bleeder., to the issuance of a caning permit for the commend vehicle. B. N the Department of Panning Services dames the Permit the askant may appeal."' wrung tow Di rand of Manning Services, within ten 110) days of receipt of the dent Ste. A meeting shall be scheduled with he Board o Count' Commissioners to provide the landowner nkpodeniy to appeal heden®I.b' Good cause shown. the landowner des not submit a written appeal. he denial beams final. C. If to Department of panning Services des receive aged notification that thirty percent (3%) or of surrounding papery owners within Ave hundredmore (500) teal of the subject property are In opposition to he permitting of a COMMIgAL VEHICLE, then the Board of County Camewsna Val mien the application for combos with the criteria net of in this Section at a regularly scheduled meeing o the Bard: 1. The Department of Planning Services will notiy the appficant granting tan they war4b praaM w(M the akFGWn. 10) business days *da*mite if 2. If the applicant notifies the Department of Planning Services of Met desire be proceed with to apptkakin. eohe CIA bb me Bawwill l and prepare bearing baaftdatreian nd me from 3. The Board of County Commissioners shall give notice of the epplatin ft a zoning emit and the meeting date to those persons Its in the application as owners of pace% bated win five hundred (500) feet of the parcel under aaaason. Such mifabn shall be mast first date, not leas than ten (10) days before he scheduled meing. Such WS is not retired by sate shine and is provided as s courtesy be amundirg property owners (the surface . Inadvertent ems b uo appear in akying Suchlteist Of We Department of Ptntrg Services in sending such nets shall not create aisle:MS S defect in he pent proreas wen if sitar error esutt in We fan Are of a sunwndkg prppe% owner to recent such slnabn. 4 The Department of Panning Services shell pat a sign for he applicant on the properly in question indicating that one (I) commercial vehicle Las been requested for the properly, the meetng date and a telephone number where further infarprebn may be obtained. The sign SA be posted at last ion 1101 days prior to the meeting date and evidenced with a photograph. 5, The Beerddfuunyommatbarsalnneaaderam test morn of aumundinp property owners concerning the effect of the COMMERCIAL VEHICLE on the surrounding Properbes and it comlMimke with the chteeia set out in this Section. Amend Septa 23-6-20. Appeals of administrative decisions. Into, and Athro B - Recharge C. Duties of the Ward of Adjustment The Board of Adjustment shall hob a pubfo hearing to consider the APPEAL The concurring yob of four (4) members of the Bead of Adjustment than be necessary in order to decde in favor of the appellant on any APPEAL of an administrative decision. 1M Ward's tision shall be band upon only the iMam9ifon preSenb0 at the public hearing and its bbrprebdon of Chapter 23 of the Cede. Ahead Section 23630. Appeals for Interpreabon of ore dia rkt boundaries or lot lines. APPEALS to the Board of Adjustment brought pursuant to Section 23610 B above Sal be made and processed as set end hetow: Athruo-Roches, C Duties of the Board of Adjustment 1M Bad of Adjustment shall hold a pubic hearing to consider the APPEAL The mrcuMpg vote of Ica (4) members of the Bat of Adjustment shall be Marry in order to the in favor of the appellant on any APPEAL for interpretation of zone district boundaries or lot Sea The Roan's decision Val be baud upon only the Infomaban Chapter of this prevented ub%Codeheanrg and is interpretation of Anent Section 23840 Appeals for variance. APPEALS be the Board of Adjustment brought pursuant be Section 23810 C above Nall be rode and processed atom% below. Atht B - No charge. C. Dates of the Ban of A4ustment The Bret of Adjustment shall hold a public haring to antler the APPEAL The concurring rote of three (3) members of the Board ofAquNnent shall be m asay in order to decide in favor of the appellant on and APPEAL for variance. M appeal for variance of the terms of this caper, Chaps 26 or Chapter 21 of this Cab shall rot be granted until and unless the Bead of Adjustment bead only upon the intonation pesens at the pubic hearing and its inerpreatin of Chapter 23 of this Code, has load and determined that 1. Special conditions and circumstances exist which are which are notapplicableappli able t ootherrURE nMM . STRUCTURESoro BOSOMS Sr the same caning dsbjd. 2. Literal Meprettirh of the bonbons of the Chapter would aped he appellant of right commonly enjoyed by other propertis eoke the same ratting aann under the 3, The seat conditions and circumstances do ml result scaly from the antes of the appellant 4, The reams set forth in the application and tathrom justify the granting of the variance, and the variance is the minimum variance that will make passe the reasonable USE of the LOT, WADING or STRUCTURE 5 The granting of the variance will be in harmony with the purpose and intern of this Chapter, and will not be injurious to the HFIDIMORHOOD or otherwise detrimental to the public heal, safety or welfare. Nrend Section 23650. appeals for arence within Flood Reran Peaty District APPEALS to he Board of Adjustment brought pursuant to Satan 23 -6 -la C shall be made and processed as set forth bee: Auto B-feochange, C. Outs of he Board of Adjustment 1. The Bard of ajtotmem snarled a public hearing be consider Me NRN. The Bard shall make i6 ocean based on all technical eaalaWm, all relevant *dors. standards shooed in subsection 2below, and in other xnlom Of this Chapter, and arty inter na m) pmxned at the public hearing, end its interpretation of Chapter 23 of this Code, The concurring vote of three (3) members of the Board of to decide in favor Musses Me appellant on and APPEAL for VMANCE of the terns of kis Chapter within he Flood Hyatt today District Remainder of Section - No charge CHAPTER 24 SIIBDMUONS MI new Section 24.3-70. Failure to record a minor sbission plat N a final pat has not been recorded Mthin one (1) year of the date of the aplxaa of the minor subdivision final plat or win a date specified by he Wan of County Commiaioners the Bard may require he landowner to appall belie it and present evidence substantiating that he minor subdivision final pat has not been abandoned and that he applsnt possesses the Slimness and ably to near he final plat The Board of Count/ Commissioner& may send the dote for monkirg the peat N he Bar deMm'bes that conditions supporting mete original oard may, aim a kblic the ratingplat mak IM minor wbdwisn fled plat Add new Section 24-3-130. Failure to commerce a minor subdivision final plat H roambucma has begun snots established in Ibe is subdivision win three (3) rears M the date of the d Count'ofComm su oneeiss may rW re plan, bbthe irw�n er to appear before it and present evidence substantiating that the final plat to not been abandons and that the applicant possesses he wningnere and ability be conks the minor subdivision. The Board of County Commissioners inor sum 'nonm hwuior anthe d shall tefor initiation requre the applicant to demdabat that the minor subdivision has not been abandoned, If the Board of Count Commissioners determines Mal conditions supporting ewe cchhagenal d orrttan the rrer cannnottiimpemnal ent the minor subdivision final plat the Board may, after a public re • the recorded minor Abandon acansdrelpdand Add new Section 243.911 Failure to comply with the minor firel plan The Board of Count' Commissioners may serve widen n otice Like such oganeaton or upon the owrem Os residents of the minor subd'nbbn skiing forth that the organhatia has Sled be comply with the mime sW WYion final pat Said notice shall include a demand that such detkkrcla of maiteace be cured within thirty (30) days the* A hearing sill be held by the Board of County Commissioners within fifteen (15) dab of the issuance of such notice, sethag forth the item, date and place of the hearing. The Board may modify the terms of the original notice as to deficiencies and may give ar extension of is wptipn which they shall be rectified. Amend Section 24-4-40. final plat M applicant Sall submit a complete major wh'rv6tr final plat application with he required number al application copies and application fee b We Pbrmer The required number of application spies spas be determined by Me %anrer The following iMmaiar shall be suds meld as art of a final plat applicahn. A. A final plat application form paced b the Penner. B. A copyofa tie commitment issued by a title imrensed to praetor, or tM�SAopinion nn The by mirent of opinion shall set forth the names of all owners of properly The commitment or opinion WWI include a list del mortgages. judgments. liens easement, contact are agreement of record in the County affecting the proper', described In he appllafwn. If the anorrepo ainiol or toe commtseo decioes additional holm poi °toners of such mortgages. judgment, lien; asemener contracts or agreements. not ashy be the application, the Board may require them to pin in and approve it The tide commitment Of opinion MI be completed within Mir11 (30) nays prior to the apolsis submission date. C 0n separate shat attached be the final pia application form, he following itamation is required: 1. A description o the type of uses proposed for ate subdivision. 2. A summary of any ancens identified Owing ate ohoe to concerns will b �ras»ddo tesoarveedtanednn 3. The lot number of As proposed 4. A description of the abveke cieutt'Im system Misting sidewalk width, mad width, type and depth 0 road of borrow docohbldaand aart welhi gutter,valley and 5, A mtmenl indicating if onaheet along will be pemiblt wiNit the proposed w bdtdon. e, A statement descnbirg the ownership, function arc maintenance of any school sit. open space or and mho the proposed subdivision, 7. lithe applicant 'ibe dedicate tend for schools, mans appapelale Pubr other bli ageic enngMstaii g that intent nt&uept rn to lanes to be dedicated 8. A description of the proposed water ayskn aoxmaned by an esimate of the total gallons Per dal required to and the suhM5bn. 9. A water supply resource report The report on contain written evidence theta water supply of sumcien duality. clunk and dependabilitywill be available t h the proksed bd"son. Such evidence ma; include, butshef not tielimited to, the following: evil's,of ownership or use of sing water nights; historic a and esimated Weld of clamed water right: amenabilm of existing right be a change in use; and evidence that pudic or ovate water supply Is avalabl The anounto water wobble for use within he subdyiss, hositiim of extending services and wens mnremilg arabll.v of the water supply for the proposed susb'tan shall S identified. 10. A copy of a conhact or some angide guarani Providing bra common water suky if water is ° Sumer to be supple by a water district municipality or ohw aetY II. A deudnnon of the proposed rawer system. Ilan description shell trclude an estimate al the total numte of gallons per dryatsewage to Sheeted by public sewe or the sudadliN of another means of disposal d pub) sewer is not required. 12 Acopy of a CaMcl or other tangible deafen* pmbtrg for adequate sewage taawnt by a publ'I sewage treatment agency d PUNIC sewage Sabres i required, 13. A statement solemn Mn recommendations of th' Colorado Geological Suney will he met 14. A list of any mverent. grants of easement an orstarbons imposed upon any lend, structures within the proposed Wnbisiar &, buildings as I5. A copy of a Colorado Department of Taoalatii access permit if a rem street intersect with a sat highway. 16.11 apMWle, a copy of an agreement signed b he applicant and representative of the Irrigation dig treatment of the agreement ith as pladed in ll ISyatoragreed-us 24 6W the Chaps 17. Prat of an existing easement Of dedicated righlal way when • proIs posedsubdivision en ensnare or tight -of -ca If, A proposed subdivision ipmmmer% agreemer executed by the applicant The agreement lams at prase by the Phnnv. The agreement shall be mad In accordance with the County policy on collets& k improvements Thurstla ,Au•u 19. N apdicok, an off -site road improvement agreement executed by the applicant TM agreement shat be in accordance at, Sects 24-9-20 of the Chapter. 20 A drainage report shall be prepared in compliance with the requirements of Section 24-7-120 and 24]- 130ofthisChapter. 21 -An erosion canto' read may be required at the request of the Department of Public Works 22. Subfism mad dad prepared by a pmbvbral engineer licensed to work in the Stab. The road dam shall be dated and bear to signature and seal of re engineer. The mad dad anal include the following minimum data a Plans and profiles of a1 roads to be improved. b. A typical cross-section of applicable roads, culverts and badges c. Typical road secOm, including Pavement design wprttka by coo read, test results and somataW d. 4. Typical or specific debib of road intersections and cul-de-sacs. e. A complete estmate of costs aryadmtbnal lnfonnaMn required by the Department of Public Woks. 2a A certificate from re Count Treasurer showing n delinqumll Oases for the area referred to in tieaalkatbn materials. 24. A tae ammitnent or a We opinion coveting all pubic dedicated 25. Awamnbdeed.arequird,deedingtatheapdoptate end any and to be be used for the bereft of the public or M future owners of the subdr sion. 26 A set of sign pan in accordance wall As requirements of Chapter 23, ANcle N, Mare 2. D. A Meted let of the names, addresses and the aoesandlg parcel identification numbers signed bY the County Moamar to re ownere Of Manly of the surface estate within fire hundred MOM feet of the pmpmry subject to 1M application. The source of such list shall be her the records of the County Aseaoc or an oweenahip °plot from a title abstract company or attorney ceded from such rearm or from the records of the County Clerk and Recorder N de list ass assembled from the records of the County Assessor. the applicant shall cerafy that such cot was assembled Merin thing (20) days of the application sumisson dale. E. lye written cerhfcaon reputed by Sewn 24-65.5- 103.3. C RS.. 4 applicable. Such certification may be submoed on the dale of the lnidal pubic tearing referred to in Seaton 2Af5.5-103111, C.B.S. F Final plat map requirements. I. The dal shall be deNneab] in onfadirg permanent black ink on a dimensionally stable polyester shed aces as crate, ldar or other product of equal qualit three (3) millimeters amatch thkoes. The size of each sheet shall be beent-bur (24) inches in *NM q thirty -Six MI inches in May No final plat submitted sul contain any form of akbon type material such as but not limited to, 'sticq-back" or adhesive film, Croy (erred® Std. Re drawly sal be at a »k of ore (I) inch equals one - hundred (101)feet 2. A plea kylar copy or dazosedt5M tyke copy of the vginal'nk drawing, three (3) mill'eneters orgreaber in Mikreae maybe submitted 3. The dastall matte thawing criteria: bear original sgnalures and seat be made hen a dimenbndy stable pMVabr sheet such as crow or MyW or other P'tdThames and all component aid. be IMu11eq signatures, rs shall be made who naloing Permanent Mack ink 4. If a subeydun requires more than as (21 sheet. a map slowing the relationship of the individual sheets shall be required. 5. Al work shall coast Sib the rauiremena of Sections 3650-101, 38.51.101, 38.51-102, 39-53-103 6 Al work shell adapt was the requirement of the Bylaws and Rues of Procedure of the Mt Bain of Regishaon for Pmlestkdl Ergineem and Pmfesaond Land Surveyors"ad"Ruka of Professional Conduct of the Stare Bard of Registration for Professional Engineers and Professional Land Surveyors -Board Policy Statement" 7. The .wbdnaoo plat shall be referenced toatlasttws wwithS coffin 38-�102m. monument of record in accordance B. A signed copy of all Colorado Land Surrey Monument Records for indium 'Aliquot Correll" will be submitted with the final plat in accordance with Section 3653- 102(2), CRS. If an 'Aliquot Conner" indicated on to final plat is 91Mbnday as deserted in so exrdhg recur previously filed and in to appropnare records of the County Clerk and Recatler. a coq of that monument record end a ads of certfiata stating that it be as described thereon shall be submitted. 9. The slrveyttmahrg aplat Nat certify on the plat that it conforms with all applicable ides, regukad and area of the State. Slam Beard of Registaon for Professional Endheers and Professional Land Surveyors and the County. 10. The surveil shall affix his or her name, seal and dale of cedfiaben as prescribed in the "Bylaws and Rules of Procedure of the State Board of Regis -Mon Inc Professional Ergkoers and Professional Land &m an s" G. M final plat map shall include the following inWMon. 1. The basis of bearing, wall 01000, suMvbm, name, dab, and acreage, aW number of lots name and address of to owners of raond, bfeal demdpon, sand sale and gawk wale. 2. The Marhs% distances and cube data el all perimeter boundary lines shall be IMcaM outside the theplat a bound not yen irregular swith the hore ee line or a body of water, the %wings and distances of a dosing meander traverse shall be given and a nokdon made that the plat inducts all land to the witch edge or otenwee. 3. Lots and blocks shall be numbered ansxudswq Bangs and lengths atoll ['given for all lot lines, except forintrbr lot llloawhere the bearings and lengths are to same as both end W Thee Al dimensions of irregularly shaped bb shall be Indicated. Al lot lines intersecting a cum shall stab if they are radial or anradi9 lines. Lengths shall be Sown to hundredths of a foot and angular *amnions and bearings b seconds of are 4. The area of each Id shall be shown in square feet if less than one(11 acre. t lot are greater than one (I) acre, the area shall be town in aces 5. Curved boundaries and all curves on the final plat shall include the radius of cube, central angle, chard distally and beep. 6. AM paced that is excepted from to subd'Ih'vun shall be naMd "al included in this sub:Wrenn" the boundaries of an excepted parcel shall be idenAfio by bearings ad distances. 7. Al streets, walkways and alleys shall be designated and idenand by beadnhp and dimensions. Al steel saes shall be shown. B. Al asemenbtet are at parallel to a lot line shallbe designated and identified by bearings and dimensions. 9. The location of easements along la lines for water, seed, electric. Psi telephone and and other utilities within the pmpeeed subdivision. IIMM easements shall be designed to meet requirement of the Chapter. I0. A unto corvine smlemem block shall appear on to final plat map. The bock shall identify each Wilts company, medal distil or municipality intended to provide ate no the proposed subdrvaen. The block shall %dine: a be tame of each SSliq service amend. G dabasgabreandstatamenlham the represents of the utility company indicting one (1) of the following: 11 Service is walkable. 2) Service a available. subject to the following specific conditions. 3) Service Is not available ter to proposed sube'rvisim It The final pat or resubd'naion pot shall show the leaon el any plugged or abandoned ore and pas well. M well shall be amanenq marled by a area Was set in concrete, aimnm b a permanent bench mark to monument Ts location Such Mae shall centre any information required on a d ry role marker byte Colorado Oil and Gas Conservation Commission. 12. All land within the boundaries of the subd'waion shall be sauced for either as lot easements, right -of -way. mlealestreet, aley, walla/ay, tail or public area. 13.Ifa find pate revised, acopy ol the original find plat shall be provided for comamon purposes 14. The final pet or rauol'sion plat shall contain the certificates and seas laced at Appendix 24-C to this Chapter. Provision shall be made for all seals m be laced approximately Iwo (2) inches from to final pal border. M. The location of any sgn aouidw zoning aarWd shall be shown. Distances from proaM tires shall be indicated. N. An affidavit listing the names and addresses of all entire with a security 'Merest in the popery being catitle nmitneemi Pre list a tide insurbe ance ccomanyo from edge pinion by an attorney licensed to pracda in the Sate, and shall be current as of a date not more than Mmt (311 DeeppaNnent of panning Serooces. nawbm4bl to the Section 244-40.E. and following to be re -haled and re - lettered as new Section 24-4-50 below. New added Salon 24450. Final plat processing and review procedure. A Any arson miffing to aay for a major Subdivision final plat rm'Icw shall arrange for a preappliabn conference with the Deartmeot of Ponnirg Services. Final plats dial are Mended to make minor changes te exi5dhg suMNaions may request a waiver of oerte condiom during the Planning Staffs approval. The applicant stall wrist Plantsrg Services for direction. B. Preliminary plan approval must be obtained from the Board prier to wbreoring a final pmt A find plat shall be submitted for several Mein one (II year of the date a pWhmhdry plan has been appmed by the Board of County Commissioners. Na Anal plat submaaan sheet be accepted after mdrzon of the one-year ar%d unless as edendon of time has been eon's by the Board. An mason of lime may be granted by to Boat upon anon request of the subdivider whin one (1) year of to the of approval of the preliminary plan. Any pin submitted and apuor of the approval ante wttN a e extension Shall be processed as a new prel'Imipry plan form apdkalkn. C. The final pia shall conform to to approved preliminary plan. 1M Bad may approve a moieed final plat if changes reflect Improvement In design or charges haw mused to surrounding land uses or the environment Srce the time of the preliminary plan approval. D. lithe oral phiappicatin complies who the approved preliminary plan application, the Kanter shall any the Clerk to the Bat to schedule a Board hearing date, lathe final plat application does rMampy with to preliminary Pan applicaten, the Planar may rein the application to to appropriate referral agency and the notify to Clerk to to Board to schedule a Board hearing date. E The Clerk no the Bard shall give dace of the application for afinal pin and to Board's public hearing date no peon arsons Ia100In the application as ones O propene bead within the hundred (500) feet of the parcel under consideration. TM rotkaon shall be mailed OM dare not less than to 1101 days before the scheduled Public bealy. F. The Kerner shall post a sign on the properly under adksaben of a major subdivision final pat M sign NW be posted adjacent to and visible from a paid maintained mad right-of-way. In the event to WOPOW uncles consideration is not adjacent to a mapure* maintained road fight -of -way, wa, one ()Mon shall he posted in the most prominent place on the pro{ttq and a second stn shall be posted where a driveway (access drivel n krsect a publicly maintained road right -of -way The Department of Panning Services shall any that the sign tea been posted ter to tan (101days Preceding to tearing dab and evidenced with a phebyaph. The 5gn shall showte Staving information: 1. The assigned final plat application number. 2. The date, lime and place of the public hearing. 3. The phone and %eaten of the Department of Planning Services. 4. The apdiano's name. 5. The acreage of the parcel under consideration. 6. Tie type alreqoest G. TM Clerk to id Board shallanange for legal docent the Board eadrg Published in the newspaper designated by 0nsrdlwo be publication at founleeof n ((1140 days to daring H. The Kenner shall prepare comment for use by to Board awing: g01aaNdtre apmia0on,IrclWlrq the fd 1. reining or with Chapter 22 of this Code, the arias n or these developmentexiren of the surroundand areas permitted by the Beccted zonigant with the future mealopMnt as projected by Chapter 22, and the Comprehensive Kan a Master Plan of attend nCompltesao Intergovernmental agreemenm 2. e Macawith thiat a propoeapm Zsol thboated, the zone Matt in whichme proposed use is or m and dry adopted inogoemmerdl agreement nhasbr planed affected muckialites 3. That comments rece'edlmm retinal agedla beve PuttesBei, f appisMble. 4. Putt definite provision has been made for a water wrely that is sufficient in terms bd'rvqda,decendabhli and quality to provide water forte the susuo, Including are protection. S. That Nashoe sewagedisposalsystem proposed, Provision has bee made for e p a@am arid, doter such • sys of sewage ww@W are aao5N, s that systems will are copy with state and local laws all etonberwsMe in effect at the ems M wbmabn of the 6. Rat stab within the suo'rvaion are adequate in functional Mist/satin width and structural spa iy 10 meet the traffic requirements of the subdlair n. 1. That off -sit steel or highway facilities prwalry access by the subdivision are adequate in functional classification. wan and sm coral capacity m men the Mk requirement of the sub ivison naccordance with the requtremems set forth in Nob N of this CKprer. 9. That facilites providing drainage and atarmwater management are adequate. 9. That As suorvlvon will not cause an unreasonable burden an the abixry of kcal government or disacts to Provide fire and police protection, ospitll, Sold waste daosaand other services, 10. That the subdvitian will nal cause air pollution violations based on Colorado Deamrer of Neat" standards II. The suoblspn conforms t9 to sube'rvaion design standards of kneel. 12. 1M subdns'Im ma not have an undue adverse effect on wildlife, its tweet, the preservation of prime agkulmal land and historical arcs. I. M Board shall old a public hearing to consider the application and to mho final actin thereon. In mares a dwdp 0n the find plat application. the Board shall consider the recommendation of the Department of Planning Services, to facts presented at the public heating and to information contained in to official record, ialudy the Manner's as file. The applicant has the burden of proof to show that the standards of demonstate: a through l below are met. The applicapt shall I. That the prom subosiskn a located whin an urban growth boundary are as defined and adopted in any approved rIntergovernmental grmoentor as defined in yaped otthave 2. Compliance woe is Chapb,Chapten 23 of thisode theme Martin Mich tte proposed use's located, and are added interpmrnmentd agreement or mater plans of affected municipalma. 3. That comments recited hem referral agencies Pave been addressed, d applicable. 4. That definite provision has been made for a water supply that b sufficient in terms 0f quantity, dependability and quality by provide water forte subdivision, inclining fire protection. 5. That, it a public sewage deposal system is proposed. Provisiohas been made for the system and, d other methods of sewage disposal are pmprad, evidence that such systems yell comply with sate and local laws and regulations which ere in effect at to me of submission of the stub babn. 6. That steels within the subdivision are adequate in octane' dastikaon, width and soucmal aimed to meet the traffic requirement of the proposed subdivision. 7. Rat off -94e street or highway antis providing access to the mppsed subdivision are adequate in functional dasidatia, width and ductal capacity to meet mthe traffic requirements of the proposed o obaon. a. That sonde providing drainage and stomwater management are adequate 9. That the subdivision will not cause an unreasonable burden so the reap of kcal governments or dstics to provide fire and police protection. hospital. solid waste dspML and other services. 10. Tut the subdivision will not cam air pollution violations based on Colorado Department of Neatt standards. II. Tot the Proposed subdivision anrorms to the subtlyiun design standard's ol0r1EkNI. 12. That to subdivision MI rot have an undue adverse effect on wildlife, Its habitat the preservation of prime agriculturalland and historical sites. U. TM Boards Aral decision will be by resolution. A record of such acorn and a copy of the resolution bell be rptln is files of the Clerk b the Board. The Kanner shall read an approved final plat and resolution with to County Cie* and Recorder. C. No final pat shall be coddared approved and eligible for recording oral to Bored has approved a subdivision imphwmdnh agreement L. The Board me), wheat a hearing or compliance with any of to submission, referral or Mew requirement of this Chapter, approve a correction plat if the sole It or moretechnical of such irsinanapplat proved pc The correction plat shall be consukm with to apposed Anal plat This ArticleMt be plat m wed when proposing other changes a recorded bed new Section 24460. Failure b record a major sube'rvson plat t a final plat has not been rested within one (1) year of the dam of the aameel of the major sandbars Anal pCM or within a date specifiede Board of Count ommmisioners the Board may �uiirre to landowner to appear before A and present evidence substantiating that the major subdivision final plat has not been abandoned and that to applicant assesses to willingness and star be record the final plat The Board of County Commissioners may extend to date for recording As plat If tie Bat determines that conditions supporting the original approval of the final plat cannot be met to Board may, after a public bann9, revoke the major subdivision final pea And new Section 244-70. Failure to commence a major suo'rvsion find plat M no combtron has begun or e use esbblobi in the major oeb&hvtian weln three (3) years of the date of to approval of the major subdivision final tan, the Board of County Commissioners may require the landowner to appear belle h and present evidence substantiating that the final plat has 1101 been abandoned and tat the applicant passes the willlrgaa and ability to coetinue to major subdivision. The Board of County Commissioners may mind is date for initiation of the major suMMaUn adbalgn and shall annually require to appl'Icat b demonstrate that the major subdivision has not been abandoned. N the Boat of County Commisskrenhtedinee ratcondiepd supporting to original approval of the major subdivision final pat have charged or that the landowner cannot implement to majorpbNta And plat the Bad may, aura public Cs recorearing, ded raja suble the diffir division subdivision DIN and order Ad new Sector 24480. Failure to comply with the major Subdivision final plan. The Bard of County Commissioners may send wrten doe upon such organization or upon the owners or residents of to major subdivision sedrg forth that the organization hue What to comply with the major suoyagn final plat Sad notice shall include a demand that such deficiencies of maintenance be cured within thirty (3rd days thereof. A hearing shay be held by the Bead of County Commissioners within fifteen (15) days of ta'isatce of such notice, setting forth the item, date and place of to hearing. The Board may modify the isms of the original notice as t deficiencies and may give an mbdnn of lime want which they shall be rectified. Amends lion 249-30. SUM'rvaion Exemption. A The subdivision exemption is intended for to following beor Ml purposes: 1. Division o a add o interest in a parcel which does not result in tecreahon o atew residential o permanent building hat. When athemtt allowed by recorded Oeexemption regulations. to subdnisie exemption can utilized in conjunction with a recorded exemption to separate one (1) adrenal resting ubhable residence with accessory outbuildings from ad of the recorded xpMn panty A subdivision eaexemption lot in mconjunction with a recorded exemption crested prior to March 1, 2p4,, is eligible for a one-One-ary lard exemption. A subdivision esempon lot in conjunction with a rested exempon crated our March I. 2034, s not eligible fora futre land enempton. The subdivision exemption must meet the following cetera: Remainder of Section - No change CHAPTER 26 rEwMY UIRAMIATAN aAP S ARTICLES RuralUrbanization Nee Mitred Mend all Sections and sub -sections throughout theater 26 Regional Urbanization 'Areas. ms. -vao ylnsa Wherever the phrase Use Ded Dee nt"or"MUM Um Development ment area" 'mixed Use Development ▪ are usn change M 'Regional Urbanization Area' or'Redone' Urbanization Nee". Wherever As term OW or 'MVOs' or "MUD area' or "MUD areas" are used, changer 'KM' or Masi% Amend Section 26 -1 -to. General. A The Reglad Urbanization Ads DMA's) provide ungaaghnnng process opportunities terareus yuhment o f an ongoing Panning process in area which are experiencing increased growth and development. The Pratte of an Interstate and state hghm% system and to edema' growth1.70pressures from to Iergmom M interest Area and ethe e76 Corridor have added to is hur st in land devslopme tt and population growth within these area M intent of the Chapters hto e guide ard ▪ particularly to Conn planned o redhanges landsmimim intensive urban -type land uses. The regulators found in this Chapter are intended it be implemented by to land use and development policies in to Comprehensive Plan, Zoning Ontrent, Subdivision Ordinance and Planned Unit Development Ordinance congrod in Climate 22, 23,24 and 27, respectively. of this Code. B. Alice of common acronyms all abdevadod utilized 61 in this Chapter is contained In ppendu 26-A to this Chapin. G The location of a property within an RUA does rot qibdt cream a presumptionthat a non -urban use on sa d prepay which is enter a use by right, wry use, or use by specie/ resins in the A (Agricultural) Zone Dissmt(or other districts rat rpm alsosuppon non -urban vast, is iwmpatble with current dos on surrounding popertes. nmendSection 26-2-50. Landscaping regulator. AthmC No change. CIthtu0.2.a-No Change e. Applicants adjacent m 1-25 or State Highway l l9shall construct a berm along the highway with maximum 4:1 side slopes b a height sufficient b screen elements of the doaebpnent that lie along the ground plane dever proem lading lots, storage anew other simile site elements) as bras one hundred eighty 1180)feetham the right-of- way line. As mosimm berm Might shall be es (6) feet above the existing elevaten at be foot of the proposed berm. f additional height of screening Is necessary above the sh-foe berm, 4 shall be stared through dense landscape plantinge. Pbnmge on top of berms shall be designed so as to at create snow taps. A beam may not be required d the subject Maeda is elevated above the roadway and t can be demoisaW teat views into the site will not be possible for a distance of one hundred eighty (183) feet Required landscaping and weaning within the landscape setback and Mier portions of the pronely shell be Werner] by the landscape standards entree within this Chapter and any other more re -Otte requirements contained in Chapters 23 and 24 of this Code. The visual screening distance is not meant to imply an increase in setbacks that are amblebed elsewhere in the Code. Remainder of Section - No change CHARS 27 PURMD UNIT DEVELOPMENT Amend Sec. 27-8-70. Failure to commerce a KID find plan. If no artucOoe has begun or no use established in the POD within three (3) years of the dab of the approval of the KID Anal Clan, the Board of County Commissioners may require the landowner to appear before it and present aberce substantiating that the PIA end plan has not been abandoned and that the applicant aO. sasAs Bead ofriCo sCounty and Comability i k nebrsmay extend ntinue the tad. Bomadn the date for uiraon of the Kq reastruction and Sall Igitannually a require the applicant m demonstrate the C)m has not been abandoned. t If the Board of County Commissioners approval of Vie ie PLO thatMindvechan a the thaI %downot thetimplementplePaneaPLconed0. thet the mNwvnercanw he, revs o the PUB ptaal the and order after recorddem w plan veatd Puofidl BE IT FORMER ORDAINED by the Board that the Clerk to she Board be, and hereby i, erected to arrange for Colorado Code Publishing to supplement the Weld County Code with to amendment contained herein, M coincide with chapters, daces, divisors, sections, and sub swans as they currently mist within said Code: and to make any inconsistencies regarding apializaon, grammar, and numbednp or placement W chapWa, arkl% Misled. section, and sub -sections in aid BE IT FURTHER ORDAINED by the Board a and action, subsection, paragraph, sentence, clause, or phrase of this ordinance Is for any reason held or decided to be vrmnsaaonal, such decision shall not affect the oddity of to remaining portions hereof. Me Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subeedonMeese iinespecae o the act that any and stew one or more section, subsecod, paragraphs, sentrceo, dares, or phases might be declared to be urademoml or invent • NOTICE PURSUANT to the Wed County Home auk Charter, Ordinance Number 20038 diddled above, was introduced and, on motion duly made am seconded, approved ups final reading an August ll, M09 A public hearing and second reading is scheduled to be MId in the Chambers of the Word First Flax Hearing Rom, 915 Mtn Scat Greeley, Colorado 00631, on August 31, 2039. At arson in any manner interested in the reading of and Ordinance are requested to attend and maybe heard. Pace contact 1k Clerk to the Bard's office at phone (970) 33&1215, Extension 4225. or fan (910) 352- 0242. prior to the day of to healing 11. as to result of a a'mblit You require reasonable accommodated in order to participate in this MNrg. My barque material, exhibits or infomaton prepay sumnpd to is Bead of County Commissioners concerning this matter may be examined In the office of the Clerk to the Board of Corny Commissioners, bated In to Weld County Centennial Center, Thit Floor, 91 S 10th Street Greeley, Colorado between the hours of 8:00 a.m. and 590 p.m., Monday tire Friday or may be accessed through As Weld Count Web Page (www.m.wda.a.usl. E -Mad maages sent to an NMau91 Commissioner may not be included in to cue file. To ensure inclusion of Your Benda copy to pakk®eowdda us. Lis! file, Meese SECOND IEADNG:Apat 31, 2009, at 400 a.m. THIRD RENIWG: September 14, 2009, 01000 am. BQMIG OF COUNTY COMMSSIOMAS WELD COMITY, COLORADO OAlbD:Autust IS, 2009 PUBUSIED:August 20,2009, in to Windsor Bacon NOTICE The Board of County Commissioners of Weld County, Colorado, will conduct a public hearing at 9:00 a.m., on August 17, 2009, in the Chambers of the Board of County Commissioners, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, for the purpose of considering amendments to certain sections of the Weld County Code, as currently amended. Second and third reading of said Ordinance will be considered on August 31, and September 14, 2009. All persons in any manner interested are requested to attend said hearing and may be heard. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior of the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 356-4000, Extension 4225, prior to the day of the hearing. Copies of the proposed amendment may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado, Monday through Friday, 8:00 a.m. to 5:00 p.m. DOCKET NO. 2009-53 APPLICANT: County of Weld REQUEST: Code Ordinance #2009-8, In the Matter of Repealing and Reenacting, with Amendments, Chapters 22 Comprehensive Plan, 23 Zoning, 24 Subdivisions, 26 Mixed Use Development, and 27 Planned Unit Development, of the Weld County Code BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: August 4, 2009 PUBLISHED: August 6, 2009, in the Windsor Beacon 2009-2096 Account #: 346067 Your Local Newspaper Since .1896 Windsor Beacon, NOTICE The Board of County Commissioners of Weld County, Colorado, will conduct a public hearing at 9:00 am., on August 17, 2009, in the Chambers of the Board of County Commis- sioners, Weld County Centennial Center, 915 10th Street, Fist Floor, Greeley, Colorado, for the purpose of considering amendments to certain sections of the Weld County Code, as current)/ amended. Second and third reading of said Ordinance will be considered on August 31, and September 14, 2009. All persons in any manner interested are requested to attend said hearing and may be heard. If a court reporter is desired, please ad- vise the Clerk to the Board, in writing, at least five days prior of the hearing. The cost of en- gaging a court reporter shall be bome by the requesting party. In accordance with the Americans With Disabilities Act, if special ac- commodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 356-4000, Extension 4225, prior to the day of the hearing. Copies of the proposed amendment may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weki County Centennial Center, 915 10ttt Street, Third Floor, Greeley, Cobrado, Monday through Friday. 8:00 a.m. to 5:00 p.m. DOCKET NO. 2009-53 APPLICANT: County of Weld REQUEST: Code Ordnance #2009-8, In the Matter of Repealing and Reenacting, with Amendments, Chapters 22 Comprehensive Plant, 23 Zoning, 24 SubdMsions, 26 Mixed Use Development, and 27 Planned Unit Develop- ment, of the Weld County Code BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: August 4,2009 PUBLISHED: August 6, 2009, in the Windsor Beacon 0034139595 �ODtYY..... Co '�f, U: �0 1170? \ -p ta g.*7 moo® :_+ N • PUBL\V Delivered to: STATE OF COLORADO ) ss: AFFIDAVIT OF PUBLICATION COUNTY OF WELD ) Echo Villa , being duly sworn, deposes and says that said is the legal clerk of the Windsor Beacon; that the same is a weekly newspaper of general circulation and printed and published in the town of Windsor, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said weekly newspaper for 1 Week; that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the issue of said newspaper on Thursday, August 6, 2009 that the last publication thereof was contained in the issue of said newspaper on Thursday, August 6, 2009 that said Windsor Beacon has been published continuously and uninterruptedly during the period of at least six months next prior to the first publication of said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. Legal Clerk Subscribed and sworn to before me, within the County of Weld, State of Colorado this Tuesday, August 04, 2009 My Commission expires O '3/4 74a i a Notary Public Legal No.0034139595 Invoice Text NOTICE The Board of County Commission WELD COUNTY CLERK TO THE BOARD, 915 10TH ST GREELEY, CO 80631-1117 Affidavit Prepared Tuesday, August 4, 2009 3:50 pm NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, June 2, 2009, at 1:30 p.m. for the purpose of considering Code Changes for the Weld County Code. STAFF: Brad Mueller ITEMS: Chapter 23, Chapter 24, and Chapter 26. The public hearing will be held at the Weld County Planning Department, 918 10th Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 918 10 Street, Greeley, Colorado 80631, before the above date or presented at the public hearing on June 2, 2009. Copies of the application are available for public inspection in the Department of Planning Services, 918 10th Street, Greeley, Colorado 80631. Please call Kristine Ranslem at (970) 353-6100, Ext. 3540, or Fax # (970) 304-6498, prior to the day of the hearing so that reasonable accommodations can be made if, in accordance with the Americans with Disabilities Act, you require special accommodations in order to participate in this hearing as a result of a disability. All cases scheduled before the Planning Commission for hearing are subject to continuance, due to lack of quorum or otherwise. Contact the Department of Planning Services at (970) 353-6100, ext. 3540, for hearing continuance information. Doug Ochsner, Weld County Planning Commission To be published in the Greeley Tribune. To be published one (1) time by May 15, 2009. Affidavit of Publication STATE OF COLORADO 55. County of Weld, Jennifer Usher of said County of Weld, being duly sworn, say that I am an advertising clerk of THE TRIBUNE • NOTICE OP PUBLIC BEAMING The Weld County Planning Commission will hold a public hear- ing on Tuesday, June 2, 2009, at 1:30 p.m. for the purpose of considering Code Changes for the Weld County Code. STAFF: Brad Mueller - ITEMS: Chapter 23, Chapter 24, and Chapter 28. The public hearing will be held at the Weld County Planning De- partment, 918 10th Street, Greeley, Colorado. Comments or ob- jections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 918 10th Street, Greeley, Colorado 80631, before the above date or presented at the public hearing on June 2, 2009. Copies of the application are available for public inspection in the Department of Planning Services, 918 10th Street, Greeley, Col- orado 80631. Please call Kristine Random at (970) 353-6100, Ext. 3540, or Fax» (970) 304-6498, prior to the day of the hear- ing so that reasonable accommodations can be made 8, in ac- cordance with the Americans with Disabilities Act, you require special accommodations in order to participate in this hearing as a result of a disability. All cases scheduled before the Planning Commission for hear- ing are subject to continuance, due to lack of quorum or other- wise. Contact the Department of Planning Services at ((970) 353-6100, ext. 3540, for hearing continuance inforaMedt. Doug Ochsner, Weld County Planning Corral ion The Tribune May 15, 2009 that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the, issue of the said newspaper - bearing date the Fifteenth day of May AD. 2009 and the last publication thereof: in the issue of said newspaper bearing date the Fifteenth day of May AD. 2009 that said The Tribune has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue there of contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. May 15, 2009 Total Charges: $ 7.43 11.O L U vemsing Clerk 15th day of May 2009 My Commission Expires 06/14/2013 Notary Public NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, July 7, 2009, at 1:30 p.m. for the purpose of considering Code Changes for the Weld County Code. STAFF: Brad Mueller ITEMS: Chapter 23, Chapter 24, and Chapter 26. The public hearing will be held at the Weld County Planning Department, 918 10th Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 918 10 Street, Greeley, Colorado 80631, before the above date or presented at the public hearing on July 7, 2009. Copies of the application are available for public inspection in the Department of Planning Services, 918 10th Street, Greeley, Colorado 80631. Please call Kristine Ranslem at (970) 353-6100, Ext. 3540, or Fax # (970) 304-6498, prior to the day of the hearing so that reasonable accommodations can be made if, in accordance with the Americans with Disabilities Act, you require special accommodations in order to participate in this hearing as a result of a disability. All cases scheduled before the Planning Commission for hearing are subject to continuance, due to lack of quorum or otherwise. Contact the Department of Planning Services at (970) 353-6100, ext. 3540, for hearing continuance information. Doug Ochsner, Weld County Planning Commission To be published in the Windsor Beacon. To be published one (1) time by June 25, 2009. ma, I- - -i/-dl�-v�K.uti.t( cX« t5 (z 4 >„ 0 -c -n t,Q2a.,.ar.) J-v),S. , , Hello