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O3-tea- oG WELD COUNTY CODE ORDINANCE 2006-2 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE,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of the County of Weld,State of Colorado, that certain existing Chapters of the Weld County Code be,and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows.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 5 REVENUE AND FINANCE Add to Article 7, as follows: Sec. 5-7-40. Establish Impact Fees. Any person who causes to be constructed a structure within the unincorporated areas of Weld County shall pay the following impact fees to Weld County at the time of the issuance of building permit: 1) a capital expansion fee of $575 per dwelling unit, as that term is defined in Section 23-1-90 of this Code, or$95 per 1,000 square feet of total floor area for a non-dwelling unit structure, and 2) a storm water drainage infrastructure fee of$300 per dwelling unit (excluding a single-family dwelling unit structure located on a lot of an approved recorded exemption or subdivision exemption), or $300 per 1,000 square feet of total floor area for a non-dwelling unit structure, for any property (including commercial, industrial and agricultural) located within any urban area as defined and recognized by Weld County, and/or if development on the property otherwise requires the submission of a storm water drainage plan. 2006-0665 PAGE 1 ORD2006-2 CHAPTER 22 COMPREHENSIVE PLAN 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 do not require common open space depending on their type, density, or other factors. 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 cars and cargo containers. 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 of the resident therein, where: a. Such USE is conducted entirely within a PRINCIPAL DWELLING UNIT(zxclu.ftry accessory parking of a single vehicle)and carried on by the residents thereof and no others. b through f- No change. g. A h.,mc obcupatiornn may OAS aCC 35ty par hi,tg of a sinylc Vol iklcv,,d,k.ln;ivat be primarily associated with a pet tnitted home occupation. A home occupation 2006-0665 PAGE 2 ORD2006-2 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,sl all be allowed one(1)vehicle no larger than one(1)ton gross vehicle weight or one(1) trailci 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 vai semi tractor and/or trailer, dump truck or similar type vehicle. This is not intended to include excavation equipment, cement mixers, heavy equipment or similar types of generally unlicensed vehicles or equipment. When parked on the site, the vehicle associated with tl le home occupation must be reasonably concealed and appropriately screened from all adjacent properties and public rights-of-way.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,HOTEL/MOTEL, RESTAURANT, mortuary, vehicle or boat repair(including painting), and organized classes where more than six(6)persons meet together for instruction on a regular basis(does not include classes sponsored by a PUBLIC SCHOOL). 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 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 AA- No Change. 2006-0665 PAGE 3 ORD2006-2 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 aic picocntly cxiatiinjexist 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. 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. 2006-0665 PAGE 4 ORD2006-2 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. NONCOMMERCIAL JUNKYARD. J - No Change K. TEMPORARYCargo Container as Accessory STRUCTURE. M.,r°H a One(1) TEMPORARYcargo container as an Accessory STRUCTURE in the A(Agricultural) Zone District may be permitted for thy purpo0e of storing ayricultu,Jl storage of goods inside the unit. A MOBILE I IOME may not be used as a TEMPORARY Accessory STRUCTURE. A TEMPORARY Abecsooiy STRUCTURE may be permitted upon a determination by tl le Board of County Commissioners that:A cargo 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 Accessory STRUCTUREcargo container used for storage. 2006-0665 PAGE 5 ORD2006-2 2. The TEMPORARY Accessory STRUCTUREcargo 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 flay de,lio,,a_toted-ttlat ,I- icaSVl ICI-.C altcil,atvc cniats-to using tl le TEMPORARY Accessory STRUCTURE for agricultural purposes. 4. The-property-ripen,which the TEMPORARY Acceoau.y STRUCTURE is hi be located must not be in a platted subdivision 3. The property upon which the TEMPORARY Accessory STRUCTUREcargo container is to be located must be-en a LEGAL LOT. 6. The property owner must substantiate in writing that the TEMPORARY Accessory STRUCTURE is necessary to the agricultural operation of the Nioperbi. 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 Acceaaoiy STRUCTURCcargo 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 i,Tip vF,cia lack of maintenance,vandalism or infestation with vermin or rodents. Any such TEMPORARY A,.cessf,ry 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 Accessory STRUCTURESA cargo container used for storage shall be removed from the property upon cessation of the USE-of the TEMPORARY Accessory STRUCTURES. 7. The TEMPORARY Accessory STRUCTUREcargo container may not be used in any manner to display a sign. 11. A zoning permit for a TEMPORARY Accessory STRUCTURE shall be for a period of twelve(12) months, and is renewable only by grant of the Board of County Co a,solo,icia 12. A nulling permit f.,r inne tha,, 0,le (1) TEMPORARY Abbcoavly STRUCTURE in the A (Agricultural) Zone District may be issued by the Depart,rent of Planning Services upon the determination tl at the criteria of this Section i are met. If the applicant is not able to meet tl le 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 Et,n IIf IIJJIV,ICI a SI ion yhrclivtyc of tl iF. applk.at,v,rfura can il,,type,,,fit al ILI 2006-0665 PAGE 6 ORD2006-2 the meeting date to those persons listed in the application as owners of ► wood ly Looted within five I ,tired (500) fcct of the parcel undo, consideration. Such notification sl all be mailed,first class,not less than 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 lwvi'era(thy our fat.,c catatc). I,,aJ vci lc]It of,urS by tl applicant li i aupplyn Rf such list or tl ie Department of Planning Sei vices 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 sl rail post a sign for the applicant on the property in question indicating that a TEMPORARY Accessory STRUCTURE has been requested for the property, the meeting date and telephone number where further information may be obtained. TI le 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 t.,ff..do of the TEMPORARY A�,,,oaory STRUCTURE VII the our J y properties. In addition, the Board of County Commissioners shall consider compatibility of the TEMPORARY Accessory STRUCTURE with the surrounding area, harmony will r the character of the NEIGI IBORI IOOD, its dfoota upur tl III II I IlethUtlfarea,al.J tl ventral h..�ltl 3afcty a,,J war., of tire i, habitants of the area al,d thy 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 and operation of,one(1)COMMERCIAL VEHICLE on property on less than eighty (80) acres in size, when not a LOT in an approved or recorded subdivision, or a LOT which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions. Parking and operation of up to five (5) COMMERCIAL VEHICLES from property equal to or greater than eighty (80) acres in size when used to haul agricultural goods, equipment, or livestock, as long as the number of trips does not exceed sixty (60) per day to and from the property. When the property is 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. 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. 2006-0665 PAGE 7 ORD2006-2 U. Semi trailers as defined in Section 42-1-102(70),-C.R.S. and Cargo Containers, situated as permanent storage units, not safe or not operable or illegal to be used on public road rights-of-way, which are not licensed, shall be considered TEMPORARY Accessory STRUCTURES, in accordance witl i this definition, shall comply with requirements set forth in this Chapter, including required zoning SETBACKS and OITSETS, and shall be installed in accordance with the requirements set fortl i in Chapter 29 of this Code.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 Accessory STRUCTURE is to be 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 suLd;Vlsion3. 2. The applicant shall adhere to the zoning permit requirements of Section 23-4-1685 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 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. 2006-0665 PAGE 8 ORD2006-2 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 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. 2006-0665 PAGE 9 ORD2006-2 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. 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 2006-0665 PAGE 10 ORD2006-2 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. 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. 2006-0665 PAGE 11 ORD2006-2 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 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. 2006-0665 PAGE 12 ORD2006-2 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. 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. 2006-0665 PAGE 13 ORD2006-2 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. 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 2006-0665 PAGE 14 ORD2006-2 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 semi-trailers as defined in Section 42-1-102(70), C.R.S., and cargo containers used as 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, send-traila1 as defined Suction 42-1 102(70), C.R.S., and cargo containers used as 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, semi hailers as defined in Section 42-1-102(70), C.R.S., and Cargo containers used as 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- 102(70), C.R.S., and Cargo containers used as accessory STRUCTURES, on the land involved. D. Only one(1)zoning permit for temporary storage of a MOBILE HOME,scmi t1a;lv,a .,a Jan led :Deafin 42 1 102(70), C.R.S., and Cargo containers used as 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, svml-trailers as defnctl Sectnn142 1-102(70), C.R.S., and Cargo containers used as 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. 2006-0665 PAGE 15 ORD2006-2 F. A zoning permit fortemporary storage of a MOBILE HOME, 5ofli t,aaersasdeft,,!!l} in Se,.tion 42-1-102(70), C.R.S., and Cargo containers used as 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, somkraae,0 as Jot;MU i Sak.tivn 421 102(70), C.R.S., and Cargo containers used as 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 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 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 accessory storage. A. One (1)semi-trailer used as accessory storage on lots in an approved or recorded subdivision plat or LOTS which are part of a map or plan filed prior to the adoption of any regulations controlling subdivisions in the A(Agricultural)Zone District, may be permitted 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 accessory storage. 2. The semi-trailer(s)used for accessory storage will not be used on any basis as a DWELLING or as overnight or temporary housing for any person. 3. The semi-trailer(s) used for accessory storage will maintain current licensing. 4. The property upon which the semi-trailer(s) used for accessory storage is located is a LEGAL LOT. 2006-0665 PAGE 16 ORD2006-2 5. No structural component of the semi-trailer(s) used for accessory storage will be removed and thereby result in the semi-trailer(s) being unmovable. 6. The semi-trailer(s) used for 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 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 accessory storage will be removed from the property upon cessation of such USE. 8. The semi-trailer(s) used for accessory storage will not in any manner be used to display sign(s). B. This zoning permit shall not be transferable by the applicant and/or owner to any successor; the Zoning Permit shall terminate automatically upon conveyance or lease of the property. C. A zoning permit for one(1)semi-trailer for 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 (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. 2006-0665 PAGE 17 ORD2006-2 Div. 10. Temporary Storage of Semi-Trailers Add Sec. 23-4-900. Semi-Trailer 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. 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 2006-0665 PAGE 18 ORD2006-2 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. Commercial Vehicle 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: 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. 2006-0665 PAGE 19 ORD2006-2 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. J. This Zoning Permit shall not be transferable by the applicant and/or owner to any successor; the Zoning Permit shall terminate automatically upon conveyance or lease of the property. Add 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. 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 2006-0665 PAGE 20 ORD2006-2 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 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. 2006-0665 PAGE 21 ORD2006-2 n. The location of any sign requiring zoning approval shall be shown. Distances from property lines shall be indicated. 8. A filial plat drainage .evort sl.ull ln, p.c},a.cd i.. ce...pl a..uc ,vAl. Sca.liu..a 24-7-120 and 247-130 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 bup{,o1 tit.g ducch..e..ta Shall Le auL1..tt0J as pal I of a f..ul plat apAlicatio.r. a. A.. en,siurrcont.ol pla.., if.cy`u..ed ao a .esult of a pi plat tcqute.l Jai it. b. Cubd;vi-aion road plans prepared by a professional engineer licensed to do work in the State. The road plans shall be dated and bear the s y..atui c at id oval of tl.c c.. j ..cc.. TI.c.veal plat la al'€ll i.n.,lud.,tl. full Av...g ...i..i.nun. data. 1) flans and plofilus (to suitable 5balu) of all IuaJa improved. 2) Typical cross-section (to suitable scale) of roads, culverts and in;dyes, if applicable. 3) Typical road section, including pavement design supported by soil reports, test results, and computations. 4) Typical en specific details of toad i11t0.scctiulls a11U t,ul do oats. 5) A co.nplutcest..,atcofuusbsl,aH-otct,,npany the Toadplc'r. 6) All road plan i..fua,,atit.,n shall be co.nNletc a..d auff;uic..t fu. .cvicvv by tl.c D,.ci,to. of r ublic Wvrl s. 10. A ccrtif cats fro.n the County TrLasurt. sl.avvi..g .to&limyu.,.it tu,a.a f...al plat a.ca. 11. A t.Uc cum....t...e..t o. a title epi...on Wig&i..g all public dcdicatiot.s. 12. A wan al.Ly decd, if regoi.cd, dccdi..9 to the appi op.;at. c.it;ly-at.y-Ia..JsLu be used for the benefit of the public or owners and future owners of this subdivision. E through F - No Change. 2006-0665 PAGE 22 ORD2006-2 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: 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 2006-0665 PAGE 23 ORD2006-2 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'h) 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(2%) acres per lot. Nonurban scale developments located outside the MUD area isare not subject to the ten percent(10%)common open space requirement set forth in Section 27-6-80 of this Code. 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 urban scale development and in any a PUD Iwat0d in the MUD an.J. 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 h urban devel.,pmeiit and in any rut) Iucated the MUD a.ea 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. 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. 2006-0665 PAGE 24 ORD2006-2 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 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 2006-0665 PAGE 25 ORD2006-2 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 buildings advising them that the excavation is to be made and that the adjoining building should be protected. Said notification shall be delivered not less than 10 days prior to the scheduled starting date of the excavation."(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 airy location, size, and distance between existing and proposed structures and identification of their uses on the 2006-0665 PAGE 26 ORD2006-2 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. The above and foregoing Ordinance Number 2006-2 was, on motion duly made and seconded, adopted by the following vote on the 17th day of April, 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-Tem BY: Deputy Clerk to the Board William H. Jerke APPROVED AS TO FORM: Robert D. Masden County Attorney Glenn Vaad 2006-0665 PAGE 27 ORD2006-2 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 Continued to: March 22, 2006 Publication: April 5, 2006, in the Fort Lupton Press Final Reading: April 17, 2006 Publication: April 26, 2006, in the Fort Lupton Press Effective: May 1, 2006 2006-0665 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. Ditches and reservoirs cannot J;te'ply Lc nnuvcd "out of the Way" of naiJcntial Jcvclutn,.c..t vdtln,ut threatc11i11y thy cii;Uc,it JClivc.tt,fi ;VAT-III tv WWI vvIm.lI la coacu filial tv fau I r rim vdoi.twi . flupoity vvvI ic]a a,id I cokic,[ta Vain tut lako vva tci f1 v,n n I iyat;u.,Jita.l ica, lakca u, vtl ICI attln.tln CO unLaa ti icy I,a vc a,.adjuJ,..atilt 1;yl,t-to-Hie wat�r.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. 2006-0665 PAGE 29 ORD2006-2 APPENDIX 23-C PERMITTED SIGNS BY TYPE AND ZONE DISTRICT SIGN TYPE A R-1 R-2 R-3 R-4 R-5 E C-I C-2 C-3 CA I-I 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 yts/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-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 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. 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 2006-0665 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 - 1 per zone lot C & 1 - I per A,R-3,R-4-16 sq.ft. 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 ft. 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, I & A - 1 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- 150 sq.ft. zoning) billboard or off-site direction sign. A-30 ft Development 1 per Planned Unit Development,Minor or Major C&I- 150 sq.ft. C&I-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.II. Canopy 1 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.II. Incidental N/A N/A Projecting 1 per building 150 sq.ft. Residential I per zone lot I sq.It. Wall N/A N/A Window N/A 25%of total window area Temporary I per zone lot A,R,&E-4 sq.ft. A,R,&E-6 ft. C,I,&INS-8sq.ft. C,I,&INS-8 ft. Flag 1 per zone lot A,R,&E- 15 sq.ft.total A,R,&E- 15 ti. C,I&INS-60 sq.ft.total C,I&INS-30 ft. KEY TO ABBREVIATIONS A Agricultural Zone District C-I 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 I-1 Industrial Zone District R-5 Mobile Home Residential Zone District I-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. 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 2006-0665 ORD2006-2 APPENDIX 23-E PERMITTED SIGN CHARACTERISTICS BY ZONE DISTRICT A R-I R-2 R-3 R-4 R-5 E C-I C-2 C-3 C-4 I-I I-2 1-3 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-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 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. 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