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Home My WebLink About20080403.tiff ,1 WELD COUNTY CODE ORDINANCE 2007-14 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS,the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1,enacting a comprehensive Code for the County of Weld,including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHEREAS, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld,State of Colorado, that certain existing Chapters of the Weld County Code be,and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows. CHAPTER 23 ZONING ARTICLE I General Provisions Amend Sec. 23-1-90. Definitions. - 9 - d For the purposes of this Chapter, certain terms or words used herein shall be interpreted cc as defined in this Section. The following specific words and phrases when appearing in this !Megx Chapter in uppercase letters, shall have the meanings stated in this Section: t" FOSTER CARE HOME:A facility certified by the county or a child placement agency for d child care in the residence of a person or family for the purpose of providing twenty-four hour care d g for one or more children under the age of twenty-one (21), who may, or may not, be related to the 0 head of the household. Medical foster care homes, as defined by Section 26-2-102, C.R.S., are included in this definition. iaay FaNt_4o GROUP HOME FACILITY A DWELLING UNIT which is licensed by the state, and/or sm o c authorized or regulated by either the state or federal government or both, and which provides ANC non-institutionalized housing for a group of persons living as a single housekeeping unit, as No determined by reference to Sections 30-28-115, 31-23-301, and 31-23-303, C.R.S., as these Emmi o ac S sr- car 0 2008-0403 mmi o,r PAGE 1 , ORD2007-14 C e , I'- O j -(0 —a? provisions may be amended from time to time. A GROUP HOME FACILITY shall be for one of the following groups: a. A group of no more than eight (8) handicapped persons living in a state-licensed group home or independent living center,as defined by Section 26-8.1-102, C.R.S.; or b. A group of no more than eight (8) persons with developmental disabilities (see Sections 27-10.5-102 and 30-28-115, C.R.S.)living in a state-licensed group home or community residential home; or c. A group of not more than eight (8) persons with a mental illness, as specified and limited by Section 30-28-115, C.R.S., living in a state-licensed group home; or d. A group of not more than eight(8)persons, sixty(60)years of age or older, who do not need nursing facilities. Group homes that do not meet the conditions listed above, or which are proposed to be located within 750 feet of an existing GROUP HOME FACILITY or RESIDENTIAL THERAPEUTIC CENTER, shall be considered RESIDENTIAL THERAPEUTIC CENTERS for purposes of this Code. MINING: The act of recovering mineral,sand,gravel, quarry, coal,or other resources from the ground. MINING shall include, but not be limited to, recovery of the resources by processing on site (including "in-situ," solution, and other extractive methods), open pit excavation,wet or dry pit excavation, and subterranean excavation. RESIDENTIAL THERAPEUTIC CENTER: A DWELLING UNIT which is not specifically designated as a GROUP HOME FACILITY and which provides a community living environment for individuals requiring custodial care, medical treatment, or specialized social services. This definition includes any number of people who live together who lack the ability to live independently, or who have been ordered into the facility by a court of competent jurisdiction, and who require the support, supervision, and care of adults who may not be related. The definition includes, but is not limited to, the following: specialized group child care home, facility, or center; residential child care facility; residential treatment facility; shelters for the homeless; shelters from domestic violence; a residential facilities for those living together as a result of criminal offenses; and homes for o individuals that are HIV positive or afflicted with the AIDS Virus. This definition does not include - rc correctional facilities. oces ARTICLE II 0 Procedures and Permits o � o =U =9 o Division 1 Cs Amendments to Zoning Map o"' Amend Sec. 23-2-20. Duties of Department of Planning Services. o =ro � o A - No change. o -o o B. Upon determination that the application submittal is complete, the Department of - o Planning Services shall: oaC icon v T 2008-0403 - N PAGE 2 ORD2007-14 1 through 3 - No change. Delete 4. Renumber the remaining subparagraphs of Sec. 23-2-20.B. Remainder of Section - No change. Amend Sec. 23-2-40. Duties of Board of County Commissioners. A. The Board of County Commissioners shall: 1 through 4 - No change. Delete 5. Renumber the remaining subparagraphs of Sec. 23-2-40.A. Remainder of Section - No change. Amend Sec. 23-2-50. Application requirements for Change of Zone. A - No change. B. The following information shall be submitted on, or with, an application form which may be obtained from the Department of Planning Services: 1 through 9 - No change. 10. 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. Division 3 Site Plan Review - d Amend Sec. 23-2-150. Intent and applicability. CC 0s A through L - No change. 0 M. The applicant or owner shall submit an Improvements Agreement agreeing to d construct the required improvements as shown in the application, plans, and other 3 supporting documents. The agreement shall be made in conformance with the County policy on collateral for improvements. The agreement shall be approved by o n the Board prior to recording the final exhibit or plat, if applicable. T o Amend Sec. 23-2-160. Application requirements for site plan review. N o MUM pa 0 N Any person wanting to apply for a Site Plan Review shall arrange for a preapplication =2,1c! conference with the Department of Planning Services. The purpose of the application is to give cc the applicant an opportunity to demonstrate, through written and graphic information, how the _rr- M o 2008-0403 OD PAGE 3 ORD2007-14 proposal complies with the standards of this Chapter. The following supporting documents shall be submitted as a part of the application: A through BB - No change. CC. If applicable, an improvements agreement executed by the applicant. This agreement shall be in accordance with the County Policy and documents for collateral for improvements. Division 4 Uses by Special Review Amend Sec. 23-2-200. Intent and applicability. A through F - No change. G. Any decrease in the land mass occupied by a Use by Special Review 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 through 5 - No change. H. 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 E County policy on collateral for improvements. The agreement shall be approved by the Board prior to recording the final exhibit or plat, if applicable. - x =oep - s Amend Sec. 23-2-210. Duties of Department of Planning Services. c V — o Any person wanting to apply for a Use by Special Review shall arrange for a preapplication conference with the Department of Planning Services. 9 A - No change. —o_0 sN o B. Upon determination that the application submittal is complete, the Department of =,-o Planning Services shall: —°°o —o �N o 1 through 2 - No change. =-mo ENO Delete 3. —N " —mT— CNJ O M e 2008-0403 PAGE 4 ORD2007-14 Renumber the remaining subparagraphs of Sec. 23-2-210.6. Amend Sec. 23-2-230. Duties of Board of County Commissioners. A. The Board of County Commissioners shall: 1 through 3 - No change. Delete 4. Renumber the remaining subparagraphs of Sec. 23-2-230.A. Remainder of Section - No change. Amend Sec. 23-2-260. Application requirements. A- No change. B. The following general information shall be submitted: 1 through 9 - No change. 10. 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. Delete 11. Renumber the remaining subparagraphs of Sec. 23-2-260.6. C and D - No change. E. Supporting Documents. The following supporting documents shall be submitted as part of the application: d 0 1 through 5 - No change. = cc -o oa 6. If applicable, an Improvements Agreement executed by the applicant. This E_" agreement shall be in accordance with the County Policy and documents for collateral for improvements. - 0 0 —� 7. For a RESIDENTIAL THERAPEUTIC CENTER, submittal of a report = demonstrating the need for the facility; data about the background, experience, and financial capacity of the proposed operator; applicable —-00 n licenses; and, analysis of the impact of the facility to the area, and any other information relevant to evaluating the compatibility of the proposed facility. - o The County may waive or modify these requirements, particularly if there is o a risk of harm to the future occupants (e.g., case of a domestic violence N o shelter). =_.— 0! --NO are Remainder of Section - No change. �r-r eo S ER' 2008-0403 -- ""' PAGE 5 ORD2007-14 Division 5 Special Review Permits for Major Facilities of Public Utility or Public Agency Amend Sec. 23-2-330. Duties of Department of Planning Services. A - No change. B. Upon determination that a submitted application is complete, the staff of the Department of Planning Services shall: 1 through 3 - No change. 4. Applicants for an electric TRANSMISSION LINE or gas PIPELINE which is more than one (1) mile in length shall advertise the hearing at least once in the newspaper designated by the Board of County Commissioners for publication of notices a minimum of ten (10) days prior to the hearing date. The advertisement shall contain a map displaying the proposed alternative routes, along with a description of the hearing time, date, and location. The advertisement for an electric TRANSMISSION LINE or gas PIPELINE which is more than one (1) mile in length shall be the only requirement for notification of mineral rights owners. Remainder of Section - No change. Amend Sec. 23-2-370. Application requirements. An adequate number of copies of the application for a Special Review Permit shall be submitted by the applicant to the Department of Planning Services. An application for a Special Review Permit shall contain the following information in such form as prescribed by the Department of Planning Services: A through C - No change. ms. d D. A detailed report shall be submitted which includes information on the following _ 9 o items: ac o w 1 through 13 - No change. [) _o 14. Additional information needed for POWER PLANT site proposals: = o o a through g - No change. a) h. The written certification required by Section 24-65.5-103.3, C.R.S., w if applicable. Such certification may be submitted on the date of the fro initial public hearing referred to in Section 24-65.5-103(1), C.R.S. g Remainder of Section - No change. o -moo -NO MEMOcc n �,n"n 2008-0403 m co PAGE 6 ORD2007-14 Division 8 Procedures and Requirements of PUD District Amend Sec. 23-2-690. PUD District application requirements. The following completed information, data and maps are required for a PUD Change of Zone District. A. Written Documents. 1 through 16 - No change. 17. 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. Remainder of Section - No change. Amend Sec. 23-2-730. PUD Plan application requirements. An applicant may submit an application for a PUD Plan, provided that the PUD Plan is located within an existing PUD District. A PUD Plan may encompass all, or part of, a PUD District. The uses shall be identical to those located and described on the PUD District Plat. The following completed information,data, and maps are required unless waived by the Department of Planning Services. A through S - No change. T. 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. Remainder of Section - No change. Amend Sec. 23-2-780. Duties of Board of County Commissioners. — o a After receipt of the Planning Commission's recommendation, the Board of County cc —ove Commissioners shall: • �; A through C - No change. = o =9 Delete D. -3E — d Renumber the remaining subparagraphs of Sec. 23-2-780. y —NO =r0 O O —O =O ={(O O a) cc P- oor f 0 2008-0403 -"' PAGE 7 ORD2007-14 ARTICLE III Zone Districts Division 1 A(Agricultural) Zone District Amend Sec. 23-3-20. Uses allowed by right. No BUILDING, STRUCTURE, or land shall be USED, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged, or maintained in the A(Agricultural)Zone District except for one(1)or more of the following USES. Land in the A(Agricultural)Zone District is subject to the schedule of bulk requirements contained in Section 23-3-50 below. USES within the A(Agricultural)Zone District shall also be subject to the additional requirements contained in Articles IV and V of this Chapter. A through N - No change. O. Asphalt or concrete batch plant used temporarily and exclusively for the completion of a PUBLIC road improvements project. 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. P through T - No change. U. Commercial towers subject to the provisions of Article IV, Division 9. However, one (1) amateur (HAM) radio operator's crank-up antenna may be extended to a maximum of one hundred fifty (150) feet in height, provided that its resting or "down" position does not exceed seventy (70) feet in height. V through W - No change. X. TEMPORARY facilities for the sale of fireworks and Christmas trees. Y. GROUP HOME FACILITY. d Z. FOSTER CARE HOME. cc S a Amend Sec. 23-3-40. Uses by special review. C The following BUILDINGS, STRUCTURES, and USES may be constructed, occupied, rim d operated, and maintained in the A (Agricultural) Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4, of this Chapter. - d A through BB - No change. IOy r o CC. RESIDENTIAL THERAPEUTIC CENTER. o o —o =moo cc inn coT m o 2008-0403 CO CO PAGE 8 ORD2007-14 Division 2 Residential Zone Districts Amend Sec. 23-3-110. R-1 (Low-Density Residential) Zone District. A - No change. B. Uses Allowed by Right. No BUILDING, STRUCTURE, or land shall be USED, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged, or maintained in the R-1 Zone District except for one (1) or more of the following USES. Land in the R-1 Zone District must be USED in compliance with the bulk requirements contained in Section 23-3-160 below. USES within the R-1 Zone District are subject to the additional requirements contained in Articles IV and V of this Chapter. 1 through 5 - No change. 6. GROUP HOME FACILITY. 7. FOSTER CARE HOME. C - No change. D. Uses by Special Review. The following BUILDINGS, STRUCTURES, and USES may be constructed, occupied, operated, and maintained in the R-1 Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4, of this Chapter. 1 through 9 - No change. 10. RESIDENTIAL THERAPEUTIC CENTER. Amend Sec. 23-3-130. R-3 (Medium-Density Residential) Zone District. - gA- No change. c w B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be used, and no BUILDING or STRUCTURE shall hereafter be erected,structurally altered,enlarged - _ or maintained in the R-3 Zone District except for one (1) or more of the following USES. Land in the R-3 Zone District must be USED in compliance with the bulk requirements contained in Section 23-3-160. USES within the R-3 Zone District are i=m3 also subject to the additional requirements contained in Articles IV and V of this —_ a. Chapter. WS- - = 1 through 5 - No change. moo mm o eon 6. GROUP HOME FACILITY. ta�o .No 7. FOSTER CARE HOME. cc c Remainder of Section - No change. e�o 2008-0403 PAGE 9 ORD2007-14 Amend Sec. 23-3-140. R-4 (High-Density Residential) Zone District. A - No change. B. Uses Allowed by Right. No BUILDING, STRUCTURE, or land shall be USED, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged, or maintained in the R-4 Zone District except for one (1) or more of the following USES. Land in the R-4 Zone District must be used in compliance with the bulk requirements contained in Section 23-3-160 below. USES within the R-4 Zone District are also subject to the additional requirements contained in Articles IV and V of this Chapter. 1 through 5 - No change. 6. GROUP HOME FACILITY. 7. FOSTER CARE HOME. Remainder of Section - No change. Amend Sec. 23-3-150. R-5 (Mobile Home Residential) Zone District. A- No change. B. Uses Allowed by Right. No BUILDING, STRUCTURE, or land shall be USED and no BUILDING or STRUCTURE shall be hereafter erected, structurally altered, enlarged, or maintained in the R-5 Zone District, except for one (1) or more of the following USES. Land in the R-5 Zone District must be USED in compliance with the bulk requirements contained in Section 23-3-160 below. USES within the R-5 Zone District are subject to the additional requirements contained in Articles IV and V of this Chapter. 1 through 5 - No change. 6. GROUP HOME FACILITY. `o c 7. FOSTER CARE HOME. — xt Remainder of Section - No change. ..o = : o o ` Division 3 g Commercial Zone Districts „, Amend Sec. 23-3-210. C-1 (Neighborhood Commercial) Zone District. a o0 . A - No change. - o -N o B. Uses Allowed by Right. No BUILDING, STRUCTURE, or land shall be USED and —-10 no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, — cc enlarged, or maintained in the C-1 Zone District, except for one (1) or more of the following USES, which must be conducted in ENCLOSED BUILDINGS and in —N- -co C.? 008-0403 to ^ PAGE 10 ORD2007-14 compliance with the Performance Standards contained in Section 23-3-250 below. No outside storage will be allowed in the C-1 Zone District. USES within the C-1 Zone District shall also be subject to additional requirements contained in Articles IV and V of this Chapter. 1 through 8 - No change. 9. TEMPORARY facilities for the sale of fireworks and Christmas trees. 10. Massage parlor, subject to the additional licensing requirements of Section 12-48.5-101, C.R.S., et seq. 11. Asphalt or concrete batch plant used temporarily and exclusively for the completion of a PUBLIC road improvements project. 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. C - No change. D. Uses by Special Review. The following BUILDINGS, STRUCTURES, and USES may be constructed, occupied, operated, and maintained in the C-1 Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4, of this Chapter. 1 through 8 - No change. 9. RESIDENTIAL THERAPEUTIC CENTER. Remainder of Section - No change. Amend Sec. 23-3-220. C-2 (General Commercial) Zone District. A through C - No change. mmi 12 - 0 D. Uses by Special Review. The following BUILDINGS, STRUCTURES, and USES k may be constructed, occupied, operated, and maintained in the C-2 Zone District ae upon approval of a permit in accordance with the requirements of Article II, �"d Division 4, of this Chapter. tU - = 1 through 6 - No change. o 7. RESIDENTIAL THERAPEUTIC CENTER. o- "' Remainder of Section - No change. O ��0 Amend Sec. 23-3-230. C-3 (Business Commercial) Zone District. -o rim fa o A through C - No change. —co 4= c •Net -O n -m -N 2008-0403 --"� PAGE 11 ORD2007-14 D. Uses by Special Review. The following BUILDINGS, STRUCTURES, and USES may be constructed, occupied, operated, and maintained in the C-3 Zone District upon approval of a permit in accordance with the requirements of Article II, Division 4, of this Chapter. 1 through 7 - No change. 8. RESIDENTIAL THERAPEUTIC CENTER. Remainder of Section - No change. Amend Sec. 23-3-240. C-4 (Highway Commercial) Zone District. A - No change. B. Uses by Right. No BUILDINGS, STRUCTURES, or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged, or maintained in the C-4 Zone District, except for one (1)or more of the following USES which must be conducted in conformance with Performance Standards contained in Subsection F below. USES within the C-4 Zone District shall also be subject to additional requirements contained in Articles IV and V of this Chapter. 1 through 6 - No change. 7. TEMPORARY facilities for the sale of fireworks and Christmas trees. 8. Asphalt or concrete batch plant used temporarily and exclusively for the completion of a PUBLIC road improvements project. 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. d C - No change. N.= D. Uses by Special Review. The following BUILDINGS, STRUCTURES, and USES rc may be constructed, occupied, operated, and maintained in the C-4 Zone District - Y upon approval of a permit in accordance with the requirements of Article II, d Division 4, of this Chapter: = - d 1 through 2 - No change. `o d 3. RESIDENTIAL THERAPEUTIC CENTER. ti Remainder of Section - No change. O =r . co —c O X00 ENO =00 �Ncc — n -co � m = 0 - r 2008-0403 PAGE 12 ORD2007-14 Division 4 Industrial Zone Districts Amend Sec. 23-3-310. I-1 (Industrial) Zone District. A- No change. B. Uses Allowed by Right. No BUILDING, STRUCTURE, or land shall be used in the I-1 Zone District, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged, or maintained, except for one (1) or more of the following USES. The USES must be conducted in compliance with the Performance Standards contained in Sections 23-3-340, 23-3-350, and 23-3-360 below. 1 through 7 - No change. 8. TEMPORARY facilities for the sale of fireworks and Christmas trees. 9. Asphalt or concrete batch plant used temporarily and exclusively for the completion of a PUBLIC road improvements project. 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. Remainder of Section - No change. Amend Sec. 23-3-320. 1-2 (Industrial) Zone District. A - No change. B. Uses Allowed by Right. No BUILDING, STRUCTURE, or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged, or maintained, except for one (1) or more of the following USES which must be conducted in compliance with the Performance Standards contained in d Sections 23-3-340, 23-3-350, and 23-3-360 below. a - cc 1 through 7 - No change. co C3 8. TEMPORARY facilities for the sale of fireworks and Christmas trees. -a d 9. Asphalt or concrete batch plant used temporarily and exclusively for the mom—9 o• completion of a PUBLIC road improvements project. The six-month , limitation for this TEMPORARY use may be extended in six-month 3- d increments at the discretion of the Director of Planning Services up to two boy (2) times, and thereafter by the Board of County Commissioners. O —To Remainder of Section - No change. 4,in C90 Amend Sec. 23-3-330. 1-3 (Industrial) Zone District. --N6 o x A - No change. —N- n —m —ate 0 m 2008-0403 - ,- PAGE 13 ORD2007-14 B. Uses Allowed by Right. No BUILDING, STRUCTURE, or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged, or maintained, except for one (1) or more of the following USES which must be conducted in compliance with the Performance Standards contained in Sections 23-3-340, 23-3-350, and 23-3-360 below. 1 through 9 - No change. 10. Asphalt or concrete batch plant used temporarily and exclusively for the completion of a PUBLIC road improvements project. 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. Remainder of Section - No change. Division 5 E (Estate) Zone District Amend Sec. 23-3-410. Uses allowed by right. No BUILDING, STRUCTURE, or land shall be USED, and no BUILDING or STRUCTURE shall hereafter be erected,structurally altered,enlarged,or maintained in the E Zone District except for one (1) or more of the following USES. Land in the E Zone District must be USED in compliance with the bulk requirements contained in Section 23-3-440 below. Uses within the E Zone District are subject to the additional requirements contained in Articles IV and V of this Chapter. A through G - No change. H. GROUP HOME FACILITY. FOSTER CARE HOME. 9 ARTICLE IV g Supplementary District Regulations = ac c va Division 4 a"d Open Mining mmo d Amend Sec. 23-4-250. Purpose. o =3 d Before a Special Review Permit for the location of a MINING operation, asphalt plant, or — d batch plant (concrete) is issued, the Planning Commission and Board of County Commissioners moo" shall determine, through public hearings, that the following plans, maps, methods, and studies, r S which shall accompany the application for such permits, provide adequate protection of the health, 0 safety and welfare of the inhabitants of the area and the COUNTY. mmi co—o ENO ENO �C O r-- co 10) 2008-0403 _"� PAGE 14 ORD2007-14 Amend Sec. 23-4-260. Application. Any operator desiring such a permit shall file an application in such form as prescribed by the Planning Commission. The application shall contain the following information: A through C - No change. D. The source of the applicant's legal rights to enter and to mine on the land affected by the permit. E - No change. F. Whether the applicant or any affiliated person holds or has held any other permits for MINING and an identification of such permits. G. A detailed description of the method of operation. Such description shall include: 1 through 8 - No change. 9. The source of technical advice in that type of reclamation for the proposed MINING. Insert new 10. If Applicable, for MINING that includes the recovery of the resources by processing on site, i.e., In-Situ MINING: The applicant shall provide, to the Department of Planning Services, evidence of compliance with all state and federal regulatory agencies which may have a permitting interest in the extraction of the mineral resource, including, at a minimum, written evidence that the appropriate permit has been approved and granted by each regulatory agency. Renumber existing subparagraphs 10 through 13 of Sec. 23-4-260.G. 14. The application should address the following items: s d a. Water Consumption: o cc -o a° 1) An analysis of the amount of water which will be required to be replaced for each phase of the MINING operation and build out. —_ gam 0 2) The analysis should address the amount of water consumed =3 in the MINING and processing of the material, including dust N suppression. Ira!, 3) through 4) - No change. —moo 5OO b. Water Replacement Source: Sc ENO is cc o � er rr w mowZia .,o M r 2008-0403 PAGE 15 ORD2007-14 1) A description of the surface and well water rights and its anticipated yield,when converted,to be used as replacement for the water consumed in the MINING operation. Remainder of Section - No change. Amend Sec. 23-4-280. Supporting documents. The following documents or any other similar documents shall be submitted by the applicant if deemed necessary by the Board of County Commissioners for the protection of the health,safety, and welfare of the inhabitants of the County. A- No change. B. Plans for obtaining water supplies to replace water consumed by MINING and processing of the material, including dust control, consumed for domestic purposes by employees, and consumed by evaporative losses from exposed groundwater. C through D - No change. E. An applicant for in-situ solution mining shall submit written evidence of approval for all federal and state regulatory agency permits. BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Colorado Code Publishing to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and sub sections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization,grammar,and numbering or placement of chapters,articles, divisions,sections,and sub-sections in said Code. BE IT FURTHER ORDAINED by the Board if any section,subsection,paragraph,sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. h9YL!! 14J!' MIIER' � ClolIIIIICOIOMIIIIIII 12:08P Weld County,0.00 Steve Moreno Clerk& Recorder 2008-0403 PAGE 16 ORD2007-14 The above and foregoing Ordinance Number 2007-14 was, on motion duly made and seconded, adopted by the following vote on the 4th day of February, A.D., 2008. BOARD OF COUNTY COMMISSIONERS . ,..._ 1,,,% ifif ;!;� ELD COUNTY, COLORADO et. ATTEST: L� /��(/� . �g m . Jerke, Chair '9Weld County Clerk to the Board N et BY: all �p obert D. n, \Pro-Tem / ADS De y Cle o the Boar "V Willi F. Garcia' APPROVE c3 \ c-l.d� Davi E. Long Y -n rr c! y Attorney ea lam -e 6 ��' ougla Rademacher Publication: November21, 2007 First Reading: December 10, 2007 Publication: December 19, 2007, in the Fort Lupton Press Second Reading: January 2, 2008 Continued to: January 16, 2008 Publication: January 23, 2008, in the Fort Lupton Press Final Reading: February 4, 2008 Publication: February 13, 2008, in the Fort Lupton Press Effective: February 18, 2008 1111111111111111111111111111111111111111111111111111111 3537487 02/26/2008 12:08P Weld County, CO 17 of 17 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2008-0403 PAGE 17 ORD2007-14 Hello