HomeMy WebLinkAbout20060475 WELD COUNTY
CODE ORDINANCE 2006-2
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 22
(COMPREHENSIVE PLAN), CHAPTER 23 (ZONING), CHAPTER 24 (SUBDIVISIONS),
CHAPTER 27 (PLANNED UNIT DEVELOPMENT), AND CHAPTER 29 (BUILDING
REGULATIONS), 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hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to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.
Evaluation of the Comprehensive Plan contained in this Chapter is necessary to provide an
accurate statement of County land use goals and policies based on current data and the needs of
County citizens. Therefore, when changes in the social, physical or economic conditions of the
County occur, it becomes necessary to reevaluate and change land use goals and policies. The
following procedures have been established to amend the Comprehensive Plan.
A- No change.
B. Individuals may submit a proposal to amend this Chapter in accordance with the
following procedure:
1. Comprehensive Plan amendment proposals shall be considered biannually
during a public hearing process.
2. The petitioner shall pay for the cost of legal publication of the proposed
amendment and all land use application fees.
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3. A typewritten original and thirty (30) copies of the proposed amendment
must be submitted to the Department of Planning Services no later than
February 1 or August 1 of any given year to be considered for review;
provided, however, that applications for amendments to the MUD Structural
Plan, pursuant to Section 26-1-30 of this Code, during the calendar year
2006, shall only be accepted for consideration in the August 1 time frame.
The following items shall be submitted as part of the proposed amendment:
Remainder of Section - No change.
Sec. 22-2-210. Planned Unit Development goals and policies.
A through C - No change.
D. PUD.Goal 4. Encourage creative approaches to land development which will result
in environments of distinct identity and character.
1 - No change.
2. PUD.Policy 4.2. A Planned Unit Development which includes a residential
use should provide common open space free of buildings,streets,driveways
or parking areas. The common open space should be designed and located
to be easily accessible to all the residents of the project and usable for open
space and recreation. Some Planned Unit Developments may not require
common ope'i space depending on their type, density, or otl ier factors. All
Planned Unit Developments shall provide a minimum of ten percent(10%)
common open space.
Remainder of Section - No change.
3. PUD.Policy 4.3. Conservation of natural site features such as topography,vegetation and
water courses should be considered in the project design.
Amend Appendix 22-E Weld County's Right to Farm Statement- ATTACHED
CHAPTER 23
ZONING
Amend Sec. 23-1-90. Definitions.
COMMERCIAL VEHICLE: Any vehicle, other than an automobile, used or previously used
to facilitate an activity where goods, products or services are bought, sold or transferred in
ownership on a fee, contract or barter basis, excluding those uses listed by right and
accessory uses in the A(Agricultural)Zone District. A commercial vehicle shall include,but
is not limited to, semi-tractors and trailers, dump trucks, construction equipment and tow
trucks, railroad Cara and Caryl"cont“;,.,,.s. A commercial vehicle shall not be allowed to
deteriorate to the condition of a DERELICT VEHICLE or be utilized as a storage unit, unless
the use is allowed through the zone district.
HOME OCCUPATION: An incidental use of a DWELLING UNIT for gainful employment
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of the resident therein, where:
a. Such USE is conducted entirely within a PRINCIPAL DWELLING UNIT(tAl bldilns
accessory parking of a single vehicle) and carried on by the residents thereof and
no others.
b through f- No change.
g. A home occupation may include accessory parking of a single vehicle which must
be primarily associated with a permitted home occupation. A home occupation
located within an approved or recorded subdivision plat or LOTS which are part of
a map or plan filed prior to adoption of any regulations controlling subdivisions,shall
be allowed one(1)vehicle no larger than one(1)ton gross vehicle weight or one(1)
bailer which cannot exceed fifteen (15) feet and related to and operated in
conjunction with the home occupation. A home occupation located outside of a
subdivision or unincorporated town shall be allowed one(1)car,truck, delivery van,
semi-tractor and/or trailer, dump truck or similar type vehicle. This is not intended
to include ext-avation equipment, cement mixers, heavy equipment or similar types
of generally unlicensed vehicles or equipment. When parked on the site, the
vehicle associated with the home occupation must be reasonably concealed and
apps vim;atcly Old oc,lad flu,', all adjacent Npupc,t;es aiud-publkri jLto-jhway.lf a
commercial vehicle is associated with the home occupation, refer to Section
23-3-30.M of this Chapter.
Ordinarily, a home occupation shall not be interpreted to include the following:
clinic,HOSPITAL,nursing home,animal hospital, HOTEUMOTEL, RESTAURANT,
mortuary, vehicle or boat repair(including painting), and organized classes where
more than six(6)persons meet together for instruction on a regular basis(does not
include classes sponsored by a PUBLIC SCHOOL).
Add Sec. 23-1-90. Definitions.
CARGO CONTAINER: A receptacle with all of the following characteristics:
a. Of a permanent character and accordingly strong enough to be suitable for
repeated use, constructed of metal, and being airtight and water resistant.
b. Specially designed to facilitate the carriage of goods, by one or more modes of
transport, one of which shall be by vessels, without intermediate reloading.
c. Fitted with devices permitting its ready handling, particularly its transfer from one
mode of transport to another.
d. So designed to be easy to fill and empty.
e. Having a cubic displacement of 1,000 cubic feet or more.
Semi-trailer: As defined in C.R.S. Section 42-1-102(89), means any wheeled vehicle,
without motor power, designed to be used in conjunction with a laden or unladen truck
tractor so that some part of its own weight and that of its cargo load rests upon, or is carried
by, such laden or unladen truck tractor and that is generally and commonly used to carry
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and transport property over the public highways and roads.
Amend Sec. 23-2-160. Application requirements for site plan review.
Any person wanting to apply for a Site Plan Review shall arrange for a preapplication
conference with the Department of Planning Services. The purpose of the application is to give
the applicant an opportunity to demonstrate through written and graphic information how the
proposal complies with the standards of this Chapter. The following supporting documents shall
be submitted as a part of the application:
A through M - No Change.
BB. A set of sign standards in accordance with Chapter 23, Article IV, Division 6. The
location of any sign requiring zoning approval shall be shown on the Site Plan
Review map. Distances from property lines shall be indicated.
Amend Sec. 23-2-260. Application requirements.
A - No Change.
B. The following general information shall be submitted:
1 through 15 - No Change.
16. A proposed plan for installation of desired signs following the standards set
forth in Chapter 23, Article IV, Division 2.
C - No Change.
D. Special Review Permit Plan Map.
1 through 4 - No Change.
5. Plot Plan. A plot plan of the Use by Special Review area shall be drawn on
the Special Review Permit Plan Map.
a through b - No change.
c. The plot plan shall include the location and identification of all of the
following items which existiuyexist within a two-
hundred-foot radius of the boundaries of the use by Special Review
area as well as within the area itself; it shall also include the
proposed features and STRUCTURES of the Use by Special
Review:
1 through 12 - No Change.
13) The location of any sign requiring zoning approval.
Distances from property lines shall be indicated.
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134) Such additional information as may be reasonably required
by the Department of Planning Services, the Planning
Commission or the Board of County Commissioners in order
to determine that the application meets the requirements of
this Chapter and the policies of Chapter 22 of this Code and
any other applicable code provision or ordinance in effect.
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 17 - No change.
18. 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 isued 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 on which the application
is submitted to the Department of Planning Services.
19. Such additional information as may be required by the Department of
Planning Services, the Planning Commission or the Board of County
Commissioners in order to determine that the application meets the goals,
policies and standards set forth in this Chapter, Chapter 22 of this Code and
any other applicable code provision or ordinance in effect.
Amend Sec. 23-3-30. Accessory uses.
The following BUILDINGS, STRUCTURES and USES shall be allowed in the A
(Agricultural) Zone District so long as they are clearly incidental and ACCESSORY to the Uses
Allowed By Right in the A (Agricultural) Zone District. Such BUILDINGS, STRUCTURES and
USES must be designed, constructed and operated in conformance with the bulk requirements
contained in Section 23-3-50 below. ACCESSORY USES within the A(Agricultural)Zone District
shall also be subject to the additional requirements contained in Articles IV and V of this Chapter.
Note: The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed after
the original effective date of this Chapter(August 25, 1981)on LOTS in an approved or recorded
subdivision plat or LOTS part of a map or plan filed prior to adoption of any regulations controlling
subdivisions of less than ten (10) acres shall not exceed four percent (4%) of the total lot area,
except in the Mixed Use Development Area (MUD), which shall adhere to MUD development
standards. However, in no case shall such an accessory building exceed twice the GROSS
FLOOR AREA of the primary residence on the lot except by variance. Any accessory structure
made noncomforming by application of this Section may be repaired, replaced or restored in total.
A through H - No Change.
Nunconmutrcial junkyaiJNONCOMMERCIAL JUNKYARD.
J - No Change
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K. TCMPORARYCargo Container as Accessory STRUCTURE. Moretl'all oe,.,One(1)
TEMPORARYcargo container as an Accessory STRUCTURE in the A(Agricultural)
Zone District may be permitted for the purpusc of storing ayrIuulturaf storage of
goods inside the unit. A MOBILE I TOME may 'rot be used as a TEMPORARY
Accessory STRUCTURE. A TEMPORARY Acu usury STRUCTURE ri[toe L..
rrrntt JupurraJaa mike'e by tl a Dual JofCountyCurrrrrnaoiurror0that.Acargo
container used for storage shall require the issuance of building permits. The
following conditions shall apply:
1. Electricity is the only utility which will be connected to the TEMPORARY
Auc..sso,y STRUCTUREcargo container used for storage.
2. The TEMPORARY Accessory STRUCTURCcargo container used for
storage will not be used on any basis as a DWELLING or as overnight or
temporary housing for any person.
3. The applicant has demonstrated that no reasonable alternative exists to
using the TEMPORARY Accessory STRUCTURE for agricultural purposes.
4. Thu property upon wh;cl, tl.e TEMPORARY Auceo0ohy STRUCTURE ; to
i� Iut.atyJ rrivat rut Lc it a platted subdiviaiu'e
3. The property upon which the TEMPORARY Accessory STRUCTUREcargo
container is to be located must be-on a LEGAL LOT.
C. Thu property owner ,.lust subotantiate in writing that the TEMPORARY
Accessoryy-STRUCTURE Is,recisoary h, llie agricultural upu.at.uir uf-tl
property.
4. The applicant shall not remove any structural component of the
TEMPORARY Accessory STRUCTUREcargo container used for storage
making it unmovable.
5. A TEMPORARY Accessory STRUCTUREcargo container used for storage
shall not be allowed to fall intoa state of disrepair. Such disrepair may
include a TEMPORARY Accessory STRUCTUREcargo container that is
partially or totally damaged by fire, earthquake, wind or other natural
causes, or is in a state of general dilapidation, deterioration or decay
resulting from ilr elm upaia lack of maintenance,vandalism or infestation with
vermin or rodents. Any such TEMPORARY Accessory STRUCTUREcargo
container used for storage shall be restored to and maintained in the original
condition it was in at the time it was placed on the site as established by the
original inspection by the Building Inspection Department, or it shall be
removed from site.
6. All TEMPORARY /Lcasoly STRUCTURCGA cargo container used for
storage shall be removed from the property upon cessation of the USE-of
th. TEMPORARY Accosaury STRUCTURES.
7. The TEMPORARY Accessory STRUCTUREcargo container may not be
used in any manner to display a sign.
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11. A zur.;.ry pcn..it for a TEMPORARY A..ccasary STRUCTURE shall be fo.
LA p...1oJ of tyn-I (12). ..,.tl and is.to...,VraLk°ol ply by grant of tl Dual J
of County Cue.....iaa.o..c.a:
12. A zoning permit for more than one (1) TEMPORARY Accessory
STRUCTURE in the A (Agricultural) Zone District may be issued by the
Department of Planning Services upon the determination that the criteria of
9.;s .$cttivn an. mat. If tl.c applicant ;s not aLlc to ',met the c tt.;a Stat
in this Section, the Board of County Commissioners shall review the
application for compliance with the criteria set out in this Section at a
,cyula.I , scheduled .!moth.g of the Guard. Th. 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
pi wetly I. ..at0J VV;tl.6. five hu..J..,J (500) feet of tl.c pa...cl JiiJc.
consideration. Such notification shall be mailed,first class, not less titan ten
(10) days before the scheduled meeting. Such notice is not required by
Colorado state statute and is provided as a courtesy to surrounding property
ovv..ers(the surface estate). it iaJvci to rtCr tin a by tl.c appl...a.it hi aupplyn ry
such list o. tl,. Dcpa.L..c.itofflar.,.i..y Sc,vn.co in Sendh.y au..l i.utiue aI tail
Hut .d cat° a jut 1aJi..tional Jcfc..l ... thy permit process ay.,. .f such ye TUT
esults in the failure of a surrounding property owner to receive such
notification. The Department of Planning Services shall post a sign for the
applicant on the property in question indicating that a TEMPORARY
Accessory STRUCTURE has been requested for the property, tire meeting
date and telephone number where further information may be obtained.
Th°s;gn al call be posted at I°aat tc..(10)days prie. to tl.c...eeting datc-a.It}
oridenced with o pl.otograph. The Doa.d of County Cu.....naaio..c.a ahaii
consider any testimony of surrounding property owners concerning the
effects of the TEMPORARY Accessory STRUCTURE on the surrounding
properties. In addition, the Board of County Commissioners shall consider
compatibility of the TEMPORARY Accessory STRUCTURE with the
surrounding area, harmony with the character of the NEICI IBORI IOOD, its
effects upon the immediate area,and the general health,safety and welfare
of the i..Labaairls of the a.ca ca id the COUNTY.
L. Up to two (2) semi-trailer(s) may be 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. (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 according to the procedure and
requirements outlined in Sec. 23-4-165 of this Chapter for the purpose of storing
goods inside the unit.)
M. Parking on, and operation of, one (1) commercial vehicle from property not a LOT
in an approved or recorded subdivision plat or a LOT which is part of a map or plan
filed prior to adoption of any regulations controlling subdivisions. When located
within an approved or recorded subdivision or part of a LOT which is part of a map
or plan filed prior to adoption of any regulations controlling subdivisions, such USE
may be permitted through Section 23-4-950 of this Code.
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Amend Sec. 23-3-40. Uses by Special Review.
The following BUILDINGS, STRUCTURES and USES may be constructed, occupied,
operated and maintained in the A (Agricultural) Zone District upon approval of a permit in
accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter.
A through T - No Change.
U. Semi-trailers as defined in Section 42-1-102(70), C.R.S. and Cargo Containers,
oituuL.J CO pLe]n]a]n.]rt-latvi ayc ui nta, ]iut oak Lin tot Lipp]cubic u] illegal to be uo0J
v, public road ]iyLts-uf nay, which are ]]ot liccnseJ, shall be cuns;deicd
TEMPORARY AL.c0ssury STRUCTURES, in aeuOrda]]ce withtl,IsJcf,i]itiuiI, al loft
comply with requirements set forth in this Chapter, including required zoning
SETBACKS and OFFSETS, and shall be installed in accordance with the
cc Lin c]]'ants stt fv]th 6,Chaptu, 29 of this Codc.More than one semi-trailer 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; and more than
two (2) semi-trailers on agricultural parcels not in an approved or recorded
subdivision plat of 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.
1. The property on which the TEMPORARY Ac..cssory STRUCTURE is tv tn.
located must not be a lot in an approved or recorded subdivision plat or lots,
parts of a map or plan filed prior to adoption of any regulation controlling
subdivisions.
2. The applicant shall adhere to the zoning permit requirements of Section
23-4-1605 of this Code.
V through Z - No Change.
AA. More than one cargo container per legal lot or parcel.
Amend Sec. 23-3-110. R-1 (Low Density Residential) Zone District.
A through B - No Change.
C. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be
allowed in the R-1 Zone District so long as they are clearly incidental and
ACCESSORY to the Uses Allowed by Right in the R-1 Zone District. Such
BUILDINGS, STRUCTURES and USES must be designed, constructed and
operated in conformance with the bulk requirements contained in Section 23-3-160
below. ACCESSORY USES within the R-1 Zone District are also subject to the
additional requirements contained in Articles IV and V of this Chapter. Note: The
combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed
after the original effective date of this Chapter (August 25, 1981) on LOTS in an
approved or recorded subdivision plat or LOTS part of a map or plan filed prior to
adoption of any regulations controlling subdivisions of less than ten (10)acres shall
not exceed four percent (4%) of the total lot area, except in the Mixed Use
Development Area (MUD), which shall adhere to MUD development standards.
However, in no case shall such an accessory building exceed twice the gross floor
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area of the primary residence on the lot except by variance. Any accessory
structure made nonconforming by application of this Section may be repaired,
replaced or restored in total.
1 through 7 - No Change.
8. Parking on and operation of one (1) commercial vehicle from the property,
provided such parking and operation is permitted through Section 23-4-950
of this Code.
Amend Sec. 23-3-420. Accessory uses.
The following BUILDINGS, STRUCTURES and USES shall be allowed in the E Zone
District so long as they are clearly incidental and accessory to the Uses Allowed by Right in the E
Zone District. Such BUILDINGS, STRUCTURES and USES must be designed, constructed and
operated in conformance with the bulk requirements contained in Section 23-3-440 below.
ACCESSORY USES within the E Zone District are also subject to the additional requirements
contained in Articles IV and V of this Chapter.
A through F - No Change.
G. Parking on, and operation of, one (1) commercial vehicle from the property,
provided such parking and operation is permitted through Section 23-4-950 of this
Chapter.
Repeal Chapter 23, Article IV, Division 2 (Signs), in its entirety and reenact as follows:
Sec. 23-4-60. Purposes and applicability.
A. The purposes of this Division are the following: To encourage the effective use of
signs as a means of communication in unincorporated Weld County; to maintain
and enhance the visual corridors and the County's ability to attract sources of
economic development and growth; to improve pedestrian and traffic safety; to
minimize the possible adverse effect of signs on nearby public and private property;
and to enable the fair and consistent enforcement of these sign restrictions. More
specifically, the regulations set forth in this Division are intended to:
1. Establish a system to allow a variety of types of signs in commercial and
industrial zones, and a limited variety of signs in other zones, subject to the
standards and the permit procedures of this Division.
2. Allow certain signs that are small, unobtrusive, and incidental to the principal
use of the respective lots on which they are located, subject to the
substantive requirements of this Division, but without a requirement for
zoning approval.
3. Prohibit all signs not expressly permitted by this Division.
4. Provide for the enforcement of the provisions of this Division.
B. No sign shall be erected, placed, established, painted, created, or maintained in
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unincorporated Weld County unless it is in conformance with the standards,
procedures, exemptions, and other requirements of this Division.
Sec. 23-4-70. General provisions.
Signs shall be permitted in the various zoning districts according to the regulations
contained in this Division and in accordance with the requirements set forth in Appendices 23-C,
23-D, and 23-E.
A. No sign shall be structurally erected, enlarged, constructed, reconstructed,
relocated, refaced or otherwise altered without first obtaining all required building
permits from the Weld County Department of Building Inspection, and, if required,
zoning approval from the Weld County Department of Planning Services and the
Colorado Department of Transportation.
B. No sign shall be erected at or near the intersection of any road or driveway in such
a manner as to obstruct free and clear vision of motorists or at any location where,
by reason of the position, shape or color, it may interfere with, obstruct the view of,
or be confused with, any authorized traffic sign, signal or device. Signs located at
an intersection must be outside of the sight distance triangle. Signs which could
potentially affect vehicle traffic shall be reviewed by the Department of Public Works
and the Colorado Department of Transportation, if applicable.
C. No sign other than traffic control signs, except as expressly allowed by Colorado
Revised Statutes and/or permitted by the Colorado Department of Transportation,
shall be erected, constructed or maintained within, over or upon the right-of-way of
any County, state or federal road or highway within the COUNTY.
D. All signs, except billboards and off-site directional signs, shall contain information
related to the uses being conducted on the zone lot.
E. All signs erected in a PUBLIC right-of-way by a governmental agency controlling or
directing traffic shall be exempt from the provisions of this Division.
F. All signs and components, including supports, braces and anchors, shall be of
sound structural quality and shall be kept in a state of good repair with a clean and
neat appearance. Any derelict sign shall be returned to, and maintained in, the
condition as originally established on site or it shall be removed from the site.
Sec. 23-4-75. Definitions.
As used in this Division, the words and phrases set forth below have the following
definitions:
ANIMATED SIGN: Any sign or components of a sign that use movement or change of
lighting to depict or give the visual impression of movement, rotation, action, or which
create a special effect or scene.
BANNER: Any sign of lightweight fabric or similar material that is permanently mounted to
a pole or a building by a permanent frame or rivet at one or more edges.
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BEACON: Any light with one or more beams directed into the atmosphere or directed at
one or more points not on the same zone lot as the light source; also, any light with one or
more beams that rotate or move.
BILLBOARD: A sign which is intended to create an income from the sale or leasing of
advertising space.
BUILDING MARKER: Any sign indicating the name of a building, construction date and
incidental information about its construction, or historical data on historic sites,which is cut
into a masonry surface or made of bronze or other permanent material.
BUILDING SIGN: Any sign attached to any part of a building, as contrasted to a
freestanding sign.
CANOPY SIGN: Any sign that is a part of, or attached to, an awning, canopy, or other
fabric, plastic, or structural protective cover over a door, entrance window, or outdoor
service area.
CHANGEABLE COPY SIGN: A sign or portion thereof with characters, letters, or
illustrations that can be changed or rearranged without altering the face or the surface of
the sign. An electronic or digital sign on which the message changes more than one time
every three hour per day shall be considered an animated sign and not a changeable copy
sign for purposes of this division. A sign on which the only copy that changes is an
electronic or mechanical indication of time or temperature shall be considered a "time and
temperature"portion of a sign and not a changeable copy sign for purposes of this division.
COMMERCIAL MESSAGE: Any sign wording, logo, or other representation that, directly
or indirectly, names, advertises, or calls attention to a business, product, service, or other
commercial activity.
DERELICT SIGN: A sign that is partially or totally damaged by fire, earthquake, wind or
other natural causes,or is in a state of general dilapidation, deterioration or decay resulting
from improper or lack of maintenance, vandalism, or infestation with vermin or rodents.
DEVELOPMENT SIGN: A freestanding sign maintained by a development's Homeowners
Association and located on property owned by the Homeowners Association. The sign may
contain the name, symbol or location of a Planned Unit Development or Minor Subdivision.
Planned Unit Developments with commercial and/or industrial uses may include the names
of the businesses in the development on the development sign.
FLAG: Any fabric, banner, or bunting containing distinctive colors, patterns, or symbol of
the United States, the State, the County, foreign nations having diplomatic relations with
the United States, and any other flag adopted or sanctioned by an elected legislative body
of competent jurisdiction. These flag must be flown in accordance with protocol established
by the Congress of the United States for the Stars and Stripes. Any not meeting any one
or more of these conditions shall be considered a banner sign and shall be subject to
regulation as such.
FREESTANDING SIGN: Any sign supported by structures or supports that are placed on,
or anchored in, the ground, and that are independent from any building or other structure.
IDENTIFICATION SIGN: A sign that only contains the address and name of the occupant.
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INCIDENTAL SIGN: A sign, generally informational, that has a purpose secondary to the
use of the zone lot on which it is located, such as "no parking," "entrance," "loading only,"
telephone," and other similar directives. No sign with a commercial message legible from
a position off the zone lot on which the sign is located shall be considered incidental.
NONCONFORMING SIGN: A sign that does not conform to a provision or requirement of
this division, but was lawfully established prior to the time of its applicability.
OFF-SITE DIRECTIONAL: Signs situated on other premises than those upon which the
goods, services or functions being advertised are located,and giving guidance as to where,
how distant and the type of goods, services or functions which may be obtained. Such
signs shall relate only to a service or product primarily available for the highway user(such
as restaurants, lodging, gas, repairs or entertainment) and available within one (1) mile of
a highway exit or in a community through which the highway passes.
PENNANT: Any lightweight plastic, fabric, or other material, whether or not containing a
message of any kind, suspended from a rope, wire, or string, usually in series, designed
to move in the wind.
PORTABLE SIGN: Any sign not permanently attached to the ground or other permanent
structure, or a sign designed to be transported, including, but not limited to, signs designed
to be transported by means of wheels; signs converted to A- or T-frames; menu and
sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs
attached to or painted on vehicles parked and visible from the public right-of-way, unless
said vehicle is used regularly and customarily in the normal day-to-day operations of the
business.
PROJECTING SIGN: Any sign affixed perpendicular to, or at an angle to, a building or wall
in such a manner that its leading edge extends more than six(6)inches beyond the surface
of such building or wall.
RESIDENTIAL SIGN: Any sign located in a district zoned for residential uses that contains
no commercial message except advertising for goods or services legally offered on the
premises where the sign is located, if offering such service at such location conforms with
all requirements of the Weld County Code.
ROOF SIGN: Any sign erected and constructed wholly on and over the roof of a building,
supported by the roof structure, and extending vertically above the highest portion of the
roof. Surfaces with slopes less than seventy-five percent (75%) from horizontal shall be
considered to be roof surfaces.
SIGN: Any device, fixture, placard, or structure that uses any color, form, graphic,
illumination, symbol, or writing to advertise, announce the purpose of, or identify the
purpose of a person or entity, or to communicate information of any kind to the public.
SUSPENDED SIGN: A sign that is suspended from the underside of a horizontal plane
surface and is supported by such surface.
TEMPORARY SIGN: Signs relating to public elections, construction signs which identify
the contractors working on a project on the site, and "for sale"or"for rent" signs indicating
2006-0475
PAGE 12 ORD2006-2
that the property or residence is for sale or rent. Construction signs, "For Sale" and "For
Rent" signs must be removed upon completion of the project or when the property is sold
or rented. In no case shall the signs be allowed to stay longer than one (1) year.
WALL SIGN: Any sign attached parallel to, but within six (6) inches of, a wall, painted on
the wall surface of, or erected and confined within the limits of an outside wall of any
building or structure, which is supported by such wall or building or structure, and which
displays only one sign surface.
WINDOW SIGN: Any sign, picture, symbol, or combination thereof, designed to
communicate information about an activity, business, commodity, event, sale, or service
that is placed inside a window or upon the window panes or glass and is visible from the
exterior of the window.
ZONE LOT: A parcel or parcels of land in single ownership with a single use or multiple
uses located within the same structure.
Sec. 23-4-80. Sign construction standards.
A. All letters, figures, characters or representations maintained in conjunction with,
attached to, or superimposed upon, any sign shall be safely and securely built or
attached to the sign structure.
B. Any operable or removable parts of a sign, such as a service opening cover or
changeable mechanically affixed lettering, logo, insignia or message, shall be
securely fastened or be provided with safety chains or hinges.
C. Signs shall be adequately constructed to prevent potential hazards to the public.
D. All permanent signs and sign structures shall be designed and constructed to
comply with the Building Code set forth in Chapter 29 of this Code. All electrically
illuminated signs shall be designed and constructed to conform with the Electrical
Code set forth in Chapter 29 of this Code. All signs and sign structures shall also
be designed and constructed to comply with the design requirements set forth in
this Code.
Sec. 23-4-90. Design plans for signs requiring zoning approval.
The owner, or applicant as agent for the owner, shall prepare a set of sign plans for all
exterior signs in any development. Such plans shall be included as part of any Site Plan Review,
Use by Special Review Permit, Planned Unit Development, and Major or Minor Subdivision. The
sign type, size, height, colors, materials, styles of lettering, appearance of any logo, type of
illumination and location shall be set out in such plans. The plans shall be such that signs
constructed or maintained under the plans will comply with the sign regulations of the County and
shall be for the purpose of assuring harmony and visual quality throughout a project. Final
development plans shall not be approved until the sign plans have been approved by the Board of
County Commissioners or planning staff. All signs shall be designed and constructed of materials
which harmonize with the architecture of the site on which the sign is located. Generally, the use
of sign materials the same as, or similar to, the main building materials used on-site shall be found
to provide the required level of design harmony.
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PAGE 13 ORD2006-2
Sec. 23-4-100. Nonconforming signs.
Each legally established sign in existence on April 10, 2006, the effective date of the repeal
and reenactment of this Division 2 may continue in existence subject to the following:
A. A sign shall not be altered structurally or moved unless it is made to comply with the
provisions of these regulations. The changing of the movable parts of an existing
sign that is designed for such changes, or the repainting or reposting of display
matter shall not be deemed a structural alteration.
B. The lawful use of a sign existing on April 10, 2006, the effective date of the repeal
and reenactment of this Division 2, although such sign does not conform to the
provisions hereof, may continue; however, if such nonconforming use is
discontinued for a period of six(6)months or more, such sign shall not be used until
it has been made to conform with the provisions of this Division 2.
C. Any sign which has been damaged by fire, wind, explosion, or act of God, to the
extent that fifty percent(50%)or more of the construction value or replacement cost
of the sign before it was damaged, shall be deemed to have been totally destroyed
and the sign shall not be restored except in conformity with this Division 2. Any sign
which has been damaged to an extent less than fifty percent (50%) of the
construction value or replacement cost of the sign before it was damaged may be
restored to the condition which it existed previously as a nonconforming use prior
to its damage.
Sec. 23-4-110. Computations of sign area and height.
A. Computations of area of wall signs and single faced signs. The area of a sign face
shall be computed by means of the smallest square, circle, rectangle, triangle, or
combination thereof, that will encompass the extreme limits of the writing,
representation,emblem,or other display,together with any material or color forming
an integral part of the background of the display or used to differentiate the sign
from the backdrop or structure against which it is placed, but not including any
supporting framework, bracing, or decorative fence or wall when such fence or wall
otherwise meets Weld County Code regulations and is clearly incidental to the
display itself.
B. Computation of area of multifaced signs. The sign area for a sign with more than
one face shall be computed by adding together the area of all sign faces visible
from any one point. When two identical sign faces are placed back to back, so that
both faces cannot be viewed from any point at the same time, and when such sign
faces are part of the same sign structure and are not more than twenty-four
(24) inches apart, the sign area shall be computed by the measurement of one of
the faces.
C. Computation of height. Sign height shall be computed as the vertical distance from
mean natural grade at foundation to the highest point of the sign structure. Natural
grade shall be construed to be the lower of(1)existing grade prior to construction,
or (2) the newly established grade after construction, exclusive of any filling,
berming, mounding, or excavating solely for the purpose of locating the sign.
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PAGE 14 ORD2006-2
Sec. 23-4-120. Requirements for setback, offset, and clearance.
A. The offsets for all temporary and freestanding signs from adjacent properties shall
be ten (10) feet.
B. The offset for flags shall be ten (10) feet, or the height of the pole, whichever is
greater.
C. The setback for billboards and off-site directional signs in the Commercial and
Industrial Zone Districts shall be twenty-five(25)feet from the current or future road
right-of-way, whichever is greater. The setback for all other freestanding signs in
the Commercial and Industrial Zone Districts shall be fifteen (15) feet from the
current or future road right-of-way, whichever is greater.
D. The setback for off-site directional signs in the Agricultural Zone District shall be fifty
(50) feet from the current or future road right-of-way, whichever is greater. The
setback for all other freestanding signs in the Agricultural Zone District shall be
three (3) feet, or one (1) foot for every three (3) feet of sign height, whichever is
greater.
E. The setback for all freestanding signs in Estate and Residential Zone Districts shall
be twenty (20) feet.
F. Signs projecting over a driveway shall be mounted at least fourteen(14)feet above
the surface of the driveway.
G. Signs projecting over a walkway shall be mounted at least nine (9) feet above the
surface of the walkway.
Amend Sec. 23-4-160. Temporary storage of mobile homes.
A zoning permit for the temporary storage of a MOBILE HOME, not including the storage
of goods inside the UNIT,and acmi trailcrs as defined in Section 42-1-102(70), C.R.S., and cargo
containers used as a temporary accessory STRUCTURES, on a LOT in the A(Agricultural)Zone
District, may be issued by the Department of Planning Services subject to the following provisions:
A. The applicant must obtain a building permit for a MOBILE HOME, sow; trail..a as
Jai rod ,Scctiun 42-1-102(70), C.R.S.,and cargo containers used as a temporary
accessory STRUCTURES, and must comply with all installation standards of
Chapter 29 of this Code applicable to MOBILE HOMES; provided, however,that no
utility hookups to the MOBILE HOME of any type, including septic systems, shall be
allowed.
B. The MOBILE HOME, solnt-trailer°a°dafi,icd Section 42-1-102(70), C.R.S., and
Cargo containers used as a temporary accessory STRUCTURES, may not be used
on any basis as a DWELLING or as overnight or temporary housing for any person.
C. The applicant must demonstrate that no reasonable alternative exists to the
temporary storage of the MOBILE HOME, semi-trailers as defined in Section 42-1-
902(70), C.R.S., and Cargo containers used as a temporary accessory
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PAGE 15 ORD2006-2
STRUCTURES, on the land involved.
D. Only one(1)zoning permit for temporary storage of a MOBILE HOME,sc,..;-t.a;lc,
as defined in Section 42-1-102(70), C.R.S., and Cargo containers used as a
temporary accessory STRUCTURES, may be issued per LEGAL LOT at any one
(1)time.
E. The Department of Planning Services shall make its determination on the issuance
of a zoning permit for the temporary storage of a MOBILE HOME, semi-trailers as
Jaf .mod;, Stain,.42 1 102(70),C.R.S.,and Cargo containers used as a temporary
accessory STRUCTURES, on the basis of a signed statement by the applicant that
the conditions of Subsections A through D above are met, upon information
contained in the permit application, and upon such independent evidence as may
be available or which the staff may reasonably require.
F. A zoning permit for temporary storage of a MOBILE HOME,se,, ; trailer°acdcf..1.1
42-1-102(70), C.R.S., and Cargo containers used as a temporary
accessory STRUCTURES, shall be for a period of six(6)months, and is renewable
for additional six-month periods only by grant of the Board of County
Commissioners.
G. The Board of County Commissioners shall hear the application for renewal of a
zoning permit for temporary storage of a MOBILE HOME, scn.i tiaifero as Jcr;..t�l}
i. erection 42-1-102(70), C.R.S., and Cargo containers used as a temporary
accessory STRUCTURES, at a regularly scheduled meeting of the Board. 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 Colroado Revised Statutes and
is provided as a courtesy to surrounding property owners (the surface estate).
Inadvertent errors by the applicant in supplying such list or the Department of
Planning Services in sending such notice shall not create a jurisdictional defect in
the permit process, even if such error results in the failure of a surrounding property
owner to receive such notification. The Department of Planning Services shall post
a sign for the applicant on the property in question indicating that a MOBILE HOME
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. The Board
of County Commissioners shall consider any testimony of surrounding property
owners concerning the effects of the MOBILE HOME on surrounding property. The
Board of County Commissioners shall also consider whether the application has
demonstrated compliance with the requirements of Subsections A through D above,
as well as compatibility of the MOBILE HOME with the surrounding area, harmony
with the character of the NEIGHBORHOOD, its effects upon the immediate area
and the general health, safety and welfare of the inhabitants of the area and the
COUNTY.
Add Sec. 23-4-165. Use of semi-trailers as temporary accessory storage.
A. One(1)semi-trailer used as a temporary accessory storage on lots in an approved
or recorded subdivision plat or LOTS which are part of a map or plan filed prior to
2006-0475
PAGE 16 ORD2006-2
the adoption of any regulations controlling subdivisions in the A(Agricultural)Zone
District, may be permitted for the purpose of storing agricultural goods and
non-agricultural goods inside the unit, upon a determination that:
1. Electricity is the only utility which will be connected to the semi-trailer(s)
used for temporary accessory storage.
2. The semi-trailer(s) used for temporary 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(s) used for temporary accessory storage will maintain
current licensing.
4. The property upon which the semi-trailer(s) used for temporary accessory
storage is located is a LEGAL LOT.
5. No structural component of the sem i-tra iler(s)used for temporary accessory
storage will be removed and thereby result in the semi-trailer(s) being
unmovable.
6. The semi-trailer(s)used for temporary accessory storage will not be allowed
to deteriorate into a state of disrepair. Such disrepair would include, but not
be limited to, semi-trailer(s) for temporary accessory storage partially or
totally damaged by fire, earthquake, wind or other natural causes, or is 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(s) shall be restored to and maintained in the original condition
upon being placed on the site or shall be removed from site.
7. The semi-trailer(s) used for temporary accessory storage will be removed
from the property upon cessation of such USE.
8. The semi-trailer(s) used for temporary accessory storage will not in any
manner be used to display sign(s).
B. A zoning permit for semi-trailer(s) for temporary accessory storage shall be for a
period of six (6) months, renewable only by permission of the Board of County
Commissioners.
C. A zoning permit for one (1) semi-trailer for temporary 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 may be issued
by the Department of Planning Services upon the determination that the criteria of
this Section are met. If the applicant is not able to meet the criteria stated in this
Section, 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. 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
2006-0475
PAGE 17 ORD2006-2
(10) days before the scheduled meeting. Such notice is not required by Colorado
Revised Statutes and is provided as a courtesy to surrounding property owners(the
surface estate). Inadvertent errors by the applicant in supplying such list or the
Department of Planning Services in sending such notice shall not create a
jurisdictional defect in the permit process even if such error results in the failure of
a surrounding property owner to receive such notification. The Department of
Planning Services shall post a sign for the applicant on the property in question
indicating that semi-trailer for temporary accessory storage have been requested
for the property, the meeting date and telephone number where further information
may be obtained. The sign shall be posted at least ten (10) days prior to the
meeting date and evidenced with a photograph. The Board of County
Commissioners shall consider any testimony of surrounding property owners
concerning the effects of the semi-trailer for temporary Accessory storage on the
surrounding properties. In addition, the Board of County Commissioners shall
consider compatibility of the semi-trailer for temporary Accessory storage with the
surrounding area, harmony with the character of the NEIGHBORHOOD, its effects
upon the immediate area, and the general health, safety and welfare of the
inhabitants of the area and the COUNTY.
Div. 10. Temporary Storage of Semi-Trailers
Add Sec. 23-4-900. Permit requirements.
No semi-trailer may be stored on a property situated within an unincorporated town or
subdivision in the A(agricultural) Zone District, unless permitted to do so through the issuance of
a Permit for Temporary Accessory Storage of a semi-trailer. An application for a Permit for
Temporary Accessory Storage of a semi-trailer shall include the following:
A. Name, address and telephone number of the applicant.
B. Name, address and telephone number of the owner of the land if different from
Subsection A above.
C. Parcel number and legal description of the property.
D. Evidence of interest in the subject land held by the applicant.
E. A legal description of the property for which the application is made.
F. Number of acres of the property.
G. Evidence that the semi-trailer is currently licensed.
H. Weld County road access information sheet.
A sketch plan of the site at the scale of one (1) inch represents fifty (50) feet or
other suitable scale to show:
1. The proposed location of the semi-trailer, including distances from the
property LOT lines and other STRUCTURES on the property.
2006-0475
PAGE 18 ORD2006-2
2. Access to the semi-trailer, including distances from the property LOT lines
and other STRUCTURES on the property.
3. Location and measurements of any easements or rights-of-way.
4. Amount of road frontages.
5. Identification of any county, state or federal roads or highways.
6. Existing STRUCTURES on the property.
J. An application fee.
K. A certified list of the names, addresses and the corresponding Parcel Identification
Number assigned by the County Assessor of the owners of property (the surface
estate)within five hundred (500)feet of the property lines of the parcel to where the
semi-trailer will be placed. The source of such list shall be the records of the
County Assessor, or an ownership update from a title or abstract company or
attorney, derived from such records or from the records of the County Clerk and
Recorder. If the list was assembled from the records of the County Assessor, the
applicant shall certify that such list was assembled within thirty (30) days of the
application submission date.
L. Notification responses of at least thirty percent (30%) of surrounding property
owners within five hundred (500) feet of the subject property in opposition to the
location of the semi-trailer.
Add Sec. 23-4-910. Delegation of authority.
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:
A. The applicant is in compliance with the criteria identified in this Chapter for the
specific category of zoning permit for which application is being made.
B. The Department of Planning Services has sent notice and has not received signed
notification 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.
Div. 11. Parking and Operation of Commercial Vehicles
Add Sec. 23-4-950. Permit requirements.
No commercial vehicle may be parked on and operated from a property situated within an
unincorporated town or subdivision, unless permitted through a zoning permit for a commercial
vehicle. An application for any zoning permit for a commercial vehicle required by this Division
shall include the following:
2006-0475
PAGE 19 ORD2006-2
A. Name, address and telephone number of the applicant.
B. Name, address and telephone number of the owner of the land if different from
Subsection A above.
C. Evidence of interest in the subject land held by the applicant, such as a deed, lease
agreement or similar evidence.
D. A legal description of the property for which the application is made.
E. Number of acres of the property.
F. A sketch plan of the site at the scale of one (1) inch represents twenty (20)feet or
other suitable scale to show:
1. The proposed location of the commercial vehicle, including distances from
the property LOT lines and other STRUCTURES on the property.
2. Access to be utilized by the commercial vehicle indicating whether the
access is existing or proposed.
3. Location and measurements of any easements or rights-of-way.
4. Road Access Sheet.
5. Identification of any county, state or federal roads or highways.
6. Existing STRUCTURES on the property.
G. An application fee.
H. The requirements of this Division require the applicant to provide a certified list of
the names,addresses and the corresponding Parcel Identification Number assigned
by the County Assessor of the owners of property (the surface estate) within five
hundred(500)feet of the property lines of the parcel to where the mobile home shall
be placed. The source of such list shall be the records of the County Assessor, or
an ownership update from a title or abstract company or attorney,derived from such
records or from the records of the County Clerk and Recorder. If the list was
assembled from the records of the County Assessor, the applicant shall certify that
such list was assembled within thirty(30) days of the application submission date.
Notification responses of at least thirty percent (30%) of surrounding property
owners within five hundred (500) feet of the subject property in opposition to the
location of the commercial vehicle.
Add Sec. 23-4-960. Delegation of authority.
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:
A. The applicant is in compliance with the criteria identified in this Chapter for the
specific category of zoning permit for which application is being made.
2006-0475
PAGE 20 ORD2006-2
B. The Department of Planning Services has sent notice and has not received signed
notification from at least thirty percent(30%)of surrounding property owners within
five hundred (500) feet of the subject property in opposition to the location of the
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.
Add Appendix 23-C Permitted Signs by Type and Zone District - ATTACHED
Add Appendix 23-D Number and Dimensions of Individual Signs by Zone District -
ATTACHED
Add Appendix 23-E Permitted Sign Characteristics by Zone District - ATTACHED
CHAPTER 24
SUBDIVISIONS
Amend Sec. 24-3-50. Final Plat.
An applicant shall submit a complete minor 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 minor subdivision final plat application:
A through T - No Change.
U. Minor subdivision final plat map requirements:
1 through 20 - No Change.
21. The location of any sign requiring zoning approval shall be shown.
Distances from property lines shall be indicated.
V through Z - No Change.
AA. 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.
Amend Sec. 24-4-40. Final Plat.
A through C - No Change.
D. The following information shall be submitted as part of a final plat application.
1 through 2 - No Change.
3. On separate sheets attached to the final plat application form, the following
2006-0475
PAGE 21 ORD2006-2
information is required:
a through y- No Change.
z. A set of sign plans in accordance with the requirements of Chapter
23, Article IV, Division 2.
4 through 6 - No Change.
7. The final plat map shall include the following information.
a through m - No Change.
n. The location of any sign requiring zoning approval shall be shown.
Distances from property lines shall be indicated.
8. A L.01 plat drainraye report shall be prepared in compliance with S... Kuiis
24 7 120 a,id 24-7-130 of this Chapter.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.
9. The following final plat supporting documents shall be Submitted as part of
a fn[al plat applhaahui r.
a. An erosion control plan, if required as a result of a preliminary plan
cy oirOn lent.
b. Subdivision road plans prepared by a profersional engineer licensed
to do work in the State. The road plans shall be dated and bear the
Siyna tut c and oval of thctnyi.'vu,. Time Waal alanoyhalii,n,l4.J.,tl n,
fi llu�ri y, i i data.
1) flans and profil.,s (to suitabL soak.) of 4ll wud,, to h.,
i...puoved.
2) Typical cross-section (to suitable scale) of roads, culverts
and bridges, if applicable.
3) Typical road section, including pavement design supported
Ly a oil °poi ts, test result, and computat;o.
4) Typical or specific details of road intersections and
Caul de sacs.
5) A complete estimate of costs shall accompany tl ie road plan.
G) All road plat.i non]ratio'shall be complete and-so CI it fv.
2006-0475
PAGE 22 ORD2006-2
review by the Director of Public Works.
10. A certificatef.On.tl.e County T.easu.L. sl iow n j tank_...(v. Q n
fi..al plat area.
11. A title commitment or a title opinion covering all public dedit,ations.
12. A war.m.ty did, •if.equired, deedii.g to tl.e app.uN.;ate e..tihra..y la.Ida to
be used for the benefit of the public or owners and future owners of this
r
E through F - No Change.
Amend Sec. 24-5-30. Resubdivision for changes to lot lines.
A- No Change.
B. The following information shall be submitted as part of the resubdivision for changes
to lot lines:
1 through 5 - No Change.
6. 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.
C - No Change.
Amend Sec. 24-5-40. Resubdivision for redesign, addition or vacation.
A - No Change.
B. Submittal requirements.
1 through 3 - No Change.
4. 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.
C through D - No Change.
Amend Sec. 24-8-50. Submittal requirements.
The following information shall be completed and submitted to the Department of Planning
Services as part of the exemption application:
2006-0475
PAGE 23 ORD2006-2
A through L - No Change.
M. 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.
Amend Appendix 24-A County Road System Standards - ATTACHED
Amend Appendix 24-E Roadway Cross-Sections - ATTACHED
CHAPTER 27
PLANNED UNIT DEVELOPMENT
Amend Sec. 27-2-140. Nonurban scale development.
Nonurban scale developments are developments comprised of nine(9)or fewer residential
lots, located in a nonurban area as defined in Chapter 22 of this Code, not adjacent to other PUDs,
subdivisions, municipal boundaries or urban growth corridors. Nonurban scale development shall
also include land used, or capable of being used, for agricultural purposes and including
development which combines clustered residential uses and agricultural uses in a manner that the
agricultural lands are suitable for farming and ranching operations for the next forty (40) years.
Nonurban scale development on public water and septic systems may have a minimum lot size of
one (1) acre and an overall gross density of two and one-half (2'/z) acres per septic system.
Nonurban scale development proposing individual, private wells and septic systems shall have a
minimum lot size of two and one-half (21/2) acres per lot. Nonurban scale developments located
outside the MUD area isare not subject to the ten percent(10%)common open space requirement
sot fu,tl 27-G-80 of thin Cud... This definition does not affect or apply to those
coordinated planning agreements between the County and municipalities which are in effect as of
May 14, 2001.
Amend Sec. 27-6-80. Component Five - common open space.
A. Intent. Common open space is an essential community asset and an important
component of a development's design in turban scale devel.,pmant and in arty a
PUD located ill the MUD €r.,a. Common open space attempts to preserve
ecologically important environments, provides attractive views and space for
recreational activities and buffers the development from other land uses. The intent
of Component Five is to ensure that each development provides an appropriate
amount and type of open space within the site.
B. Common Open Space Regulations. Common open space n, urban
development and in any PUD located in the MUD area is intended to establish a
sense of community and increase the quality and uniqueness of each site.
Common open space provides enjoyable space while adequately buffering various
uses.
1 through 6 - No Change.
2006-0475
PAGE 24 ORD2006-2
7. All urban scale development PUDs containing a residential element shall
provide for a fifteen-percent common open space allocation, unless
otherwise stated in Chapter 26 of this Code. All nonurban PUDs containing
a residential element shall provide for the ten (10) percent open space
allocation. Departure from this standard will be considered and may be
approved by the Department of Planning Services staff as long as the intent
of this Chapter and Chapter 26 have been met.
8. All PUDs subject to the common open space requirement may apply for a
greater density and have reduced common open space when applying the
cash-in-lieu alternative listed herein.
a through b - No Change.
c. The required acreage within the MUD shall be determined according
to Appendix 26-E. Land shall be dedicated to a public agency for
one (1) or more essential public purposes. This option does not
provide a complete elimination of common open space within the
proposed development. This option does provide a reduced amount
of common open space based upon the site features of the applicant
site. Individual site features shall also be taken into consideration by
the Department of Planning Services upon review of the application.
d through h - No Change.
Repeal Sec. 27-6-90, Component Six - signage, in its entirety and reenact as follows:
A. Intent. To encourage the effective use of signs as a means of communication in
unincorporated Weld County; to maintain and enhance the visual corridors and the
County's ability to attract sources of economic development and growth; to improve
pedestrian and traffic safety; to minimize the possible adverse effect of signs on
nearby public and private property; and to enable the fair and consistent
enforcement of sign restrictions.
B. Duties of the Department of Planning Services.
1. The Department of Planning Services staff shall insure that the intent of this
Chapter is carried out through the sign regulations outlined in Chapter 23,
Article IV, Division 2.
2. The Department of Planning Services staff shall supply to the applicant
written findings regarding no adherence to the sign regulations of Chapter
23, Article IV, Division 2.
C. Design Provisions and Requirements for Signs in the PUD Zone District.
1. The owner, or applicant as agent for the owner, shall prepare a set of sign
plans in accordance with the requirements of Chapter 23, Article IV,
Division 2.
2. Final development plans shall not be approved until the sign plans have
2006-0475
PAGE 25 ORD2006-2
been approved by the Department of Planning Services.
Amend Sec. 27-7-30. Requirements for submittal.
The following completed information is required for the final plan. The Director of Planning
Services has the discretion to waive information not deemed necessary by the Department of
Planning Services.
A through R - No Change.
S. 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.
Amend Sec. 27-8-40. Changes to a PUD final plan.
A through C - No Change.
D. Corrections. The Board of County Commissioners may, without a hearing or
compliance with any of the submission, referral or review requirements of the PUD
final plan regulations, approve a correction to the PUD final plan if the sole purpose
of such correction is to correct one(1)or more technical errors in an approved PUD
final plan and where such correction is consistent with its approved PUD Zone
District. Notice of the meeting at which the Board will consider approval of the
corrections shall be sent to the PUD Homeowners Association(if one exists)at least
ten (10) days prior to the meeting.
CHAPTER 29
BUILDING REGULATIONS
Amend Sec. 29-2-20. International Building Code.
The publication of the International Code Council known as the International Building Code
(IBC), 2003 Edition, excluding Chapters 13, 27 and 32, including the International Building Code
Appendices (except for the following IBC Appendices: Appendix A; Appendix B; Appendix D;
Appendix E and Appendix H)are incorporated by this reference as part of this Building Code for
the purpose of establishing standards for the construction and inspection of dwellings, buildings
and structures and the issuance of building permits in the County,with the following amendments:
A through BB - No change.
CC. Delete the last two sentences of Section 3307.1
"Section 3307.1. Protection required. Adjoining public and private property shall
be protected from damage during constriction, remodeling and demolition work.
Protection must be provided for footings, foundations, party walls, skylights and
roofs. Provisions shall be made to control water runoff and erosion during
construction or demolition activities. The person making or causing an excavation
to be made shall provide written notice to the owners the owners of adjoining
2006-0475
PAGE 26 ORD2006-2
bulk&;,,y0 adv;a;,,y-tl,c,,, that the OneavatiulI ;6 iv bt. ,i,ade and that the aJw6drry
UL;IJ; ly alruult be piotock,d. Sa;d i,otifiLatiorshall b0 d0live10d nut Iyss than, 10
dayz, Fn;Lie iv atai ti,1y date of tl i0 a t.avatnn r"(Clerk's note - delete
all of the indented text after final reading.)
Amend Sec. 29-3-120. Plot plan.
A. A plot plan of the property, at suitable scale to show the location of the proposed
building or structure, shall be submitted when application for a permit is made. The
plot plan shall include distances from the property lines, access(es)to the property,
location and measurements of any easements or rights-of-way, identification of any
county, state or federal roads or highways, and any location, size, and distance
between existing and proposed structures and identification of their uses on the
property.; direction and percent of slope; location of well or water sources; location
of any public utility easement; location of septic tank and septic field; and distance
of septic tank and system to property lines and to structures.
B Plot plans for properties subject to payment of the stormwater drainage
infrastructure fee established in Section 5-7-40 of this Code shall include details
regarding the planned location and use of Best Management Practices (BMP's) to
reduce or eliminate post-construction stormwater erosion. Examples of stormwater
BMP's are found in the "Urban Storm Drainage Criteria Manual," Vol. 3, Best
Management Practices, published by the Urban Drainage and Flood Control
Division, as updated.
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.
2006-0475
PAGE 27 ORD2006-2
The above and foregoing Ordinance Number 2006-2 was, on motion duly made and
seconded, adopted by the following vote on the 27th day of March, A.D., 2006.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
M. J. Geile, Chair
Weld County Clerk to the Board
David E. Long, Pro-Tern
BY:
Deputy Clerk to the Board
William H. Jerke
APPROVED AS TO FORM:
Robert D. Masden
County Attorney
Glenn Vaad
Publication: January 25, 2006, in the Fort Lupton Press
First Reading: February 13, 2006
Publication: February 22, 2006, in the Fort Lupton Press
Second Reading: March 6, 2006
Publication: March 15, 2006, in the Fort Lupton Press
Final Reading: March 27, 2006
Publication: April 5, 2006, in the Fort Lupton Press
Effective: April 10, 2006
2006-0475
PAGE 28 ORD2006-2
APPENDIX 22-E
Weld County's Right to Farm Statement
Weld County is one of the most productive agricultural counties in the United States, ranking fifth
in total market value of agricultural products sold. The rural areas of Weld County may be open
and spacious, but they are intensively used for agriculture. Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with longstanding agricultural
practices and a lower level of services than in town. Along with the drawbacks come the incentives
which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of
city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms,
those features which attract urban dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural
activities will generate off-site impacts, including noise from tractors and equipment; slow-moving
farm vehicles on rural roads;dust from animal pens,field work, harvest and gravel roads;odor from
animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting
and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides
and fertilizers in the fields, including the use of aerial spraying. DiLh0s a,,d ,csorro;.a a.a.i.Nt
simply be moved "out of the way" of residential development without threatening the efficient
delivery of irrigation to fields which is essential to farm production. Property owners and residents
t.a.,,.ut takc watti hv... ;n;yal; n ditches, lakes or other structures unksa tl iey I.ave a..aJjudical
right to the water.lt is common practice for agriculture producers to utilize an accumulation of
agricultural machinery and supplies to assist in their agricultural operations. A concentration of
miscellaneous agricultural materials often produces a visual disparity between rural and urban
areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not
be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance
employs methods or practices that are commonly or reasonably associated with agricultural
production.
Water has been and continues to be the life line for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential
development. When moving to the County,property owners and residents must realize they cannot
take water from irrigation ditches, lakes or other structures unless they have an adjudicated right
to the water.
Weld County covers a land area of overapproximately four thousand (4,000) square miles in size
(twice the size of the State of Delaware) with more than three thousand seven hundred (3,700)
miles of state and county roads outside of municipalities. The sheer magnitude of the area to be
served stretches available resources. Law enforcement is based on responses to complaints more
than on patrols of the County, and the distances which must be traveled may delay all emergency
responses, including law enforcement, ambulance and fire. Fire protection is usually provided by
volunteers who must leave their jobs and families to respond to emergencies County gravel roads,
no matter how often they are bladed, will not provide the same kind of surface expected from a
paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be
cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are
of the lowest priority for public works or may be the private responsibility of the homeowners.
Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers
must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and
center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and
livestock and open burning present real threats. Controlling children's activities is important, not
only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible
for their children.
2006-0475
PAGE 29 ORD2006-2
APPENDIX 23-C
PERMITTED SIGNS BY TYPE AND ZONE DISTRICT
SIGN TYPE A R-I R-2 R-3 R-4 R-5 E C-I C-2 C-3 C-4 1-1 1-2 1-3 INS
Residential yes yes yes yes yes yes yes no no no no no no no no
Identification yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes
Incidental yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes
Other no no no yes/z yes/z no no yes/z yes/z yes/z yes/z yes/z yes/z yes/z yes/z
Billboard(not no no no no no no no yes/z yes/z yes/z yes/z yes/z yes/z yes/z no
allowed in PUD)
Off-Site yes/z no no no no no no yes/-z yes/z yes/z yes/z yes/-z yes/z yes/z no
Directional(not
allowed in PUD)
Banner no no no no no no no yes/z, yes/z yes/z yes/z yes/z yes/z yes/z yes/z
Building yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes
Marker
Canopy no no no no no no no yes/z yes/z yes/z yes/z yes/z yes/z yes/z no
Identification yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes
Incidental yesa yesa yesa yesa yesa yesa yesa yes yes yes yes yes yes yes yes
Projecting no no no no no no no yes/z yes/z yes/z yes/z yes/z yes/z yes/z yes/z
Residential yes yes yes yes yes yes yes no no no no no no no no
Suspended no no no no no no no yes/z yes/z yes/z yes/z yes/z yes/z yes/z yes/z
Wall no no no no no no no yes/z yes/z yes/z yes/z yes/z yes/z yes/z yes/z
Window no no no no no no no yes yes yes yes no no no no
Temporary yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes
Flag yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes
' BEACONS,ROOF SIGNS,PENNANTS,inflatable,tethered balloons,PORTABLE SIGNS and strings of light bulbs used for commercial
purposes other than traditional holiday decorations are not allowed in any zone district.
KEY TO ABBREVIATIONS
A Agricultural Zone District C-I Neighborhood Commercial Zone District
R-1 Low-Density Residential Zone District C-2 General Commercial Zone District
R-2 Duplex Residential Zone District C-3 Business Commercial Zone District
R-3 Medium-Density Residential Zone District C-4 Highway Commercial Zone District
R-4 High-Density Residential Zone District I-I Industrial Zone District
R-5 Mobile Home Residential Zone District 1-2 Industrial Zone District
E Estate Zone District 1-3 Industrial Zone District
INS Institutional-Churches,schools,cemeteries,public parks and public recreation facilities in Agricultural and Residential Zone
Districts Planned Unit Development(PUD)Zone District shall be evaluated by the underlying use(s)unless otherwise stated.
YES -such SIGN is allowed without prior zoning approval
YES/Z -such SIGN is allowed only with prior zoning approval
NO -such a SIGN is not allowed
a. No COMMERCIAL MESSAGE of any kind allowed on SIGN.
PAGE 30 2006-0475
ORD2006-2
APPENDIX 23-D
NUMBER AND DIMENSIONS OF INDIVIDUAL SIGNS BY ZONE DISTRICT AND TYPE
SIGN TYPE NUMBER ALLOWED MAXIMUM SIGN AREA MAXIMUM HEIGHT
Residential I per zone lot I sq. ft. 6 ft.
Other A, R-3, R-4, INS - I per zone lot. C & I - I per A,R-3,R-4- 16 sq.It. C&1-25 ft.
ZONE LOT, I per each 500'of road frontage,or I C&I- 150 sq.ft. A,R-3,R-4-6 ft
per each different road frontage, whichever is INS-32 sq.ft. INS- 15 ft.
greater.a
Identification I per zone lot 2 sq.ft. 6 fl.
Incidental N/A N/A N/A
Billboard 1 per zone lot. No billboard shall be located less 300 sq.ft. 40 ft.
(not allowed in PUD) than 500' from any other billboard or off-site
directional sign.
Off-Site Directional C, 1 & A - I per zone lot. No off-site directional C&I-300 sq.ft. C&I-40 ft.
(not allowed in PUD sign shall be located less than 500' from any other A-I50 sq.ft.
zoning) billboard or off-site direction sign. A-30 ft
Development I per Planned Unit Development,Minor or Major C&I-150 sq.ft. C&1-25 ft.
Subdivision all other zones- 32 sq.ft. all others-8 ft
Building On a given wall the sum of all No higher than the top of the
BUILDING SIGNS which require a building
zoning permit shall not exceed 8%
of that walls sq.ft.
Banner I per zone lot 40 sq.ft.
Building Marker I per building 4 sq. ft.
Canopy I per building face 10%of the vertical surface of the
canopy or 25 sq.ft.,whichever is
smaller
Identification I per tenant located within the building 2 sq.ft.
Incidental N/A N/A
Projecting I per building 150 sq.ft.
Residential I per zone lot 1 sq.ft.
Wall N/A N/A
Window N/A 25%of total window area
Temporary 1 per zone lot A,R,&E-4 sq.ft. A,R,&E-E-6 ft.
C,1,&INS-8 sq.It. C,1,&INS-S ft.
Flag I per zone lot A,R,&E-15 sq.ft.total A,R,&E-15 R.
C,I&INS-60 sq.ft.total C,I&INS-30 fl.
KEY TO ABBREVIATIONS
A Agricultural Zone District C-I Neighborhood Commercial Zone District
R-1 Low-Density Residential Zone District C-2 General Commercial Zone District
R-2 Duplex Residential Zone District C-3 Business Commercial Zone District
R-3 Medium-Density Residential Zone District C-4 Highway Commercial Zone District
R-4 High-Density Residential Zone District I-1 Industrial Zone District
R-5 Mobile Home Residential Zone District I-2 Industrial Zone District
E Estate Zone District 1-3 Industrial Zone District
INS Institutional-Churches,schools,cemeteries,public parks and public recreation facilities in Agricultural and Residential Zone
Districts Planned Unit Development(PUD)Zone District shall be evaluated by the underlying use(s)unless otherwise stated.
a-SIGNS calculated by road frontage must be constructed in the 500 feet of road frontage or on the different road frontage,they may not be
grouped.
PAGE 31 2006-0475
ORD2006-2
APPENDIX 23-F
PERMITTED SIGN CHARACTERISTICS BY ZONE DISTRICT
A R-I R-2 R-3 R-4 R-5 E C-1 C-2 C-3 C-4 I-I 1-2 I-3 INS
Animated no no no no no no no no no no no no no no no
Changeable Copy no no no no no no no yes yes yes yes yes yes yes yes
Illumination,Internal a no no no no no no no yes yes yes yes yes yes yes no
Illumination,external a yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes
Illumination,Exposed bulbs no no no no no no no no no no no no no no no
or neon
KEY TO ABBREVIATIONS
A Agricultural Zone District C-1 Neighborhood Commercial Zone District
R-I Low-Density Residential Zone District C-2 General Commercial Zone District
R-2 Duplex Residential Zone District C-3 Business Commercial Zone District
R-3 Medium-Density Residential Zone District C-4 Highway Commercial Zone District
R-4 High-Density Residential Zone District 1-t Industrial Zone District
R-5 Mobile Home Residential Zone District 1-2 Industrial Zone District
E Estate Zone District I-3 Industrial Zone District
INS Institutional-Churches,schools,cemeteries,public parks and public recreation facilities in Agricultural and Residential Zone
Districts Planned Unit Development(PUD)Zone District shall be evaluated by the underlying use(s)unless otherwise stated.
YES -such SIGN is allowed.
NO -such a SIGN is not allowed.
a-TEMPORARY SIGNS may not he illuminated.
PAGE 32 2006-0475
ORD2006-2
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