HomeMy WebLinkAbout20061532.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Doug Ochsner, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE: Code Changes/Submittal Dates & Planning Commission Hearing Dates For 2006
SECTIONS: Appendix 22-E-Weld County Right to Farm, Section 22-1-50—Comprehensive Plan
Amendment Procedure, Section 23-1-90 Definitions, Section 23-3-30 Accessory Uses, Section
23-3-40 Uses by Special Review, Section 23-3-110.C.8 R-1 Zone District, Section 23-3-420.G—
Accessory Uses, Section 23-4-160 Temporary storage of Mobile Homes, Section 23-4-165
Temporary storage of semi trailers, Section 23-4-250 Permit requirements, Section 23-4-260
Delegation of authority, Section 23-4-280 Permit requirements, Section 23-4-290 Delegation of
authority Replace Sign Code Chapter 23, Article IV, Division 2, Section 23-4-70 Preamble,
Section 23-4-80 General Requirements, Table 1, 2, 3, Section 24-3-50.0 Minor Subdivision,
Section 24-4-40.D.6 Major Subdivision, Section 24-5-30.6.3 Resubdivision change to lot lines,
Section 24-4-40.D.6 Resubdivision redesign, Add as Section 24-8-50.L, Section 24-7-20-A-1
Streets, Appendix 24-E- Roadway Cross Sections Section 24-8-50 Submittal Requirements,
Section 27-8-40—Changes to PUD final plan, Section 29-3-170 Approval and issuance of
permit, Section 29-3-280 Certificate of occupancy, Section 3307 Protection of adjoining
property, Additional Changes: Replace Section 23-2-260.B.11, Add Section 23-2-260.D.5.c.13,
Replace Section 23-2-160.L, Section 27-6-90 will be replaces with Section 27-6-90, Add Section
14-3-50.AA, Add Section 24-3-60.U.21, Add Section 24-4-40.D.7, Add Section 24-4-40.D.3.z,
Update various section , Section 29-3-120
PLANNER: Monica Mika, Sheri Lockman, Chris Gathman, Bethany Salzman
be recommended favorably to the Board of County Commissioners for the following reasons:
The Planning Commission finds that the requested changes are in compliance with:
Sec. 23-2-120. Duties of Planning Commission.
B. In making its final recommendation, the Planning Commission shall find:
1. That the existing text is in need of revision as proposed.
2. That the proposed amendment will be consistent with the future goals and needs of the COUNTY as set
out in Chapter 22 and any other applicable code provision or ordinance in effect.
3. That the proposed amendment will be consistent with the overall intent of this Chapter.
Please see attached document.
Motion seconded by Tom Holton
VOTE:
For Passage Against Passage Absent
Michael Miller
Bruce Fitzgerald
Chad Auer
Tom Holton
Doug Ochsner
James Welch
Erich Ehrlich
Roy Spitzer
Paul Branham
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to
the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I,Voneen Macklin, Recording Secretary for the Weld County Planning Commission,do hereby certify that the above
and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County, Colorado,
adopted on November 15, 2005.
\ILYLDL-1--I-TrtCK C
Voneen Macklin
Secretary
2006-1532
Proposed Changes To Weld County Code
Planning Related Items
Index of Proposed Changes
Page
Index 1
Chapter 22
Amend Appendix 22-E. Weld County's Right to Farm Statement. 3
Chapter 23
Amend Section 23-1-90. Definitions. 4
Amend Section 23-2-160. Application requirements for site plan review. 5
Amend Section 23-2-260. Application requirements. 5
Amend Section 23-3-30. Accessory uses. 6
Amend Section 23-3-40. Uses by special review. 9
Amend Section 23-3-110. R-1 Zone District. 9
Amend Section 23-3-420. Accessory uses. 10
Add Section 23-4-60. Purposes and applicability. 10
Amend Section 23-4-70. General provisions. 11
Amend Section 23-4-75. Definitions. 11
Amend Section 23-4-80. Sign construction standards. 15
Amend Section 23-4-90. Design plans for signs requiring zoning approval. 15
Amend Section 23-4-100. Nonconforming signs. 15
Amend Section 23-4-110. Computations of sign area and height. 16
Amend Section 23-4-120. Requirements for setback, offset, and clearance. 16
1
Amend Section 23-4-160. Temporary storage of mobile homes. 17
Add Section 23-4-165. Use of semi trailers as temporary storage. 18
Add Section 23-4-900. Permit requirements. 20
Add Section 23-4-910. Delegation of authority. 21
Add Section 23-4-950. Permit requirements. 21
Add Section 23-4-960. Delegation of authority. 23
Add Appendix 23-C. 24
Add Appendix 23-D. 25
Add Appendix 23-E. 26
Chapter 24
Amend Section 24-3-50. Final plat. 26
Amend Section 24-4-40. Final plat. 26
Amend Section 24-5-30. Resubdivision for change to lot lines. 28
Amend Section 24-5-40. Resubdivision for redesign, addition or vacation. 28
Amend Section 24-8-50. Submittal requirements. 28
Amend Appendices 24-A and 24-E. End
Chapter 27
Amend Section 27-6-90. Component Six—signage. 28
Amend Section 27-8-40. Changes to a PUD final plan. 29
Amend Section 27-7-30. Requirements for submittal. 29
Chapter 29
Amend Section 29-2-20. International Building Code. 30
Amend Section 29-3-120. Plot plan. 30
2 '
Red = New Language
Strike through = Deleted Language
Chapter 22
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. It 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.
Without threatening the efficient delivery of irrigation to fields which is essential to farm
production, Property owners and residents 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 approximately evec 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
3
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 removals 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.
Sec.22-2-210. Planned Unit Development goals and policies.
D. PUD.Goal 4. Encourage creative approaches to land development which will result in
environments of distinct identity and character. All Planned Unit Developments shall provide a minimum
ten percent(10%) common open space.
Chanter 23
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.
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
4
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
(excluding accessory parking of a single vehicle) and carried on by the residents
thereof and no others.
g. A I IOME OCCUPATION may include accessory parking of a single vehicle
which must be primarily associated with a permitted home occupation. A IIOME
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)trailer which cannot exceed fifteen(15) feet
and related to and operated in conjunction with the HOME OCCUPATION. A
IIOME OCCUPATION located outside of a subdivision or unincorporated town
shall be allowed one (1) ear, truck, delivery van, 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 the HOME OCCUPATION must be reasonably concealed and appropriately
screened from all adjacent properties and public rights of way. If a
COMMERCIAL VEHICLE is associated with the HOME OCCUPATION, refer
to Section 23-3-30.M of this Chapter.
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.
Sec. 23-2-160. Application requirements for site plan review.
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:
L. 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.
5
Sec. 23-2-260. Application requirements.
B. The following general information shall be submitted:
16. A proposed plan for installation of desired signs following the standards set forth
in Chapter 23, Article IV, Division 2.
D. Special Review Permit Plan Map.
5. Plot Plan. A plot plan of the Use by Special Review area shall be drawn on the
Special Review Permit Plan Map.
c. The plot plan shall include the location and identification of all of the
following items which are presently existing 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:
13) The location of any sign requiring zoning approval. Distances
from property lines shall be indicated.
Renumber the remaining item of 23-2-260. C. 5. c. to 14).
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.
I. Noncommercial junkyard NONCOMMERCIAL JUNKYARD.
K. TEMPORARY CARGO CONTAINER as Accessory STRUCTURE. More-than One(1)
TEMPORARY CARGO CONTAINER as an Accessory STRUCTURE in the A
(Agricultural) Zone District may be permitted for storage of the purpose of storing
agricultural goods AND NON AGRICULTURAL GOODS inside the unit. A MOBILE
6
HOME may not be used as a TEMPORARY Accessory STRUCTURE. A
TEMPORARY Accessory STRUCTURE maybe permitted upon a determination by the
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 CARGO
CONTAINER used for storage TEMPORARY Accessory STRUCTURE.
2. The CARGO CONTAINER used for storage TEMPORARY Accessory
STRUCTURE 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. The property upon which the TEMPORARY Accessory STRUCTURE is to be
located must not be in a platted subdivision.
33. The property upon which the CARGO CONTAINER TEMPORARY Accessory
STRUCTURE is to be located must be on a LEGAL LOT.
6. The property owner must substantiate in writing that the TEMPORARY
Accessory STRUCTURE is necessary to the agricultural operation of the
property.
74. The applicant shall not remove any structural component of the CARGO
CONTAINER used for storage TEMPORARY Accessory STRUCTURE making
it unmovable.
85. A CARGO CONTAINER used for storage TEMPORARY Accessory
STRUCTURE shall not be allowed to become in a state of disrepair. Such
disrepair may include a CARGO CONTAINER TEMPORARY Accessory
STRUCTURE 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 a lack of maintenance, vandalism or infestation with
vermin or rodents. Any such CARGO CONTAINER used for storage
TEMPORARY Accessory STRUCTURE 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.
96. A CARGO CONTAINER used for storage TEMPORARY Accessory
STRUCTURES shall be removed from the property upon cessation of the USE of
the TEMPORARY Accessory STRUCTURES.
7
407. The CARGO CONTAINER TEMPORARY Accessory STRUCTURE 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 Commissioners.
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 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 state statute and is
provided as a courtesy to surrounding property owners (the surface estate).
Inadvertent errors by the applicant in supplying such list or the Department of
Planning Services in sending such notice shall not create a jurisdictional defect in
the permit process even if such error results in the failure of a surrounding
property owner to receive such notification. The Department of Planning Services
shall post a sign for the applicant on the property in question indicating that a
TEMPORARY Accessory STRUCTURE has been requested for the property, the
meeting date and telephone number where further information may be obtained.
The sign shall be posted at least ten(10) days prior to the meeting date and
evidenced with a photograph. The Board of County Commissioners shall consider
any testimony of surrounding property owners concerning the effects of the
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 NEIGHBORHOOD, its effects upon the immediate area,
and the general health, safety and welfare of the inhabitants of the area and 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 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 TEMPORARY
accessory storage on lots in an approved or recorded subdivision plat, or LOTS 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.)
8
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 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 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.
Sec. 23-3-40. Uses by special review.
The following BUILDINGS, STRUCTURES and USES maybe 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.
U. More than one semi-trailers as defined in Section 42 1 102(70), C.R.S. on lots in an
approved or recorded subdivision plat or LOTS 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 part of a
map of plan filed prior to the adoption of any regulations controlling subdivisions in the
A (Agricultural) Zone District 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
with this definition, shall comply with requirements set forth in this Chapter, including
required zoning SETBACKS and OFFSETS, and shall be installed in accordance with the
requirements set forth in Chapter 29 of this Code.
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 subdivisions.
21. The applicant shall adhere to the zoning permit requirements of Section 23-4-
4-60165 of this Code.
V. More than one CARGO CONTAINER per legal lot or parcel.
Renumber the remaining uses listed in Sec. 23-3-40.
Sec. 23-3-110. R-1 (Low-Density Residential) Zone District.
C. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be
allowed in the R-1 Zone District so long as they are clearly incidental and ACCESSORY
to the Uses Allowed by Right in the R-1 Zone District. Such BUILDINGS,
STRUCTURES and USES must be designed, constructed and operated in conformance
with the bulk requirements contained in Section 23-3-160 below. ACCESSORY USES
9
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.
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.
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.
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, and reenact as follows:
Sec. 23-4-60. Purposes and applicability.
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:
A. 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.
10
B. 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.
C. Prohibit all SIGNS not expressly permitted by this Division.
D. Provide for the enforcement of the provisions of this Division.
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 2 and in accordance with the requirements set forth in Appendixes 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, a zoning approval
from 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 state statute
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
11
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 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 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 code.
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.
12
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
Home Owners Association and located on property owned by the Home Owners
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 FLAGS must be flown in accordance
with protocol established by the Congress of the United States for he 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.
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.
13
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.
POLITICAL SIGN: Any sign for political advertising purposes placed prior to an
election. All political signs must be removed no later than fifteen (15) days after the
election.
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 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
14
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 be also 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, 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.
15
Sec. 23-4-100. Nonconforming signs.
Each legally'established SIGN in existence on 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 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 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)
16
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 10 feet.
B. The offset for FLAGS shall be ten (10) feet or the height of the pole, which ever 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, which ever is greater. The setback for all other
FREESTANDING SIGNS in the Commercial and Industrial Zone Districts shall be 15
feet from the current or future road right-of-way, which ever is greater.
D. The setback for OFF-SITE DIRECTIONAL SIGNS in the Agricultural zone districts
shall be fifty(50) feet from the current or future road right-of-way, which ever 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, which ever 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
surface of the driveway.
G. SIGNS projecting over a walkway shall be mounted at least nine (9) feet above the
surface of the walkway.
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., 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, semi trailers as
defined in Section 12 1 102(70), C.R.S., 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.
17
B. The MOBILE HOME, semi trailers as defined in Section 42 1 102(70), C.R.S., 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 ,r hers c deli ed i: Sectio. ��--'
102(70), C.R.S., used as a TEMPORARY accessory STRUCTURES, on the land
involved.
D. Only one (1) zoning permit for TEMPORARY storage of a MOBILE HOME, semi-
trailers 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
defined in Section 421 102(70), C.R.S.; 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, semi trailers as
defined in Section 12 1 102(70), C.R.S., 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, semi trailers as defined in
Section 42 1 102(70), C.R.S., used as a TEMPORARY accessory STRUCTURES, at a
regularly scheduled meeting . . . (Remainder same as current version.)
Sec. 23-4-165. Use of semi-trailers as temporary accessory storage.
One (1) SEMI-TRAILER used as a TEMPORARY accessory storage on lots in an approved or
recorded subdivision plat or LOTS 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 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.
18
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 SEMI-TRAILER(S) used for TEMPORARY
accessory storage will be removed and thereby result in the SEMI-TRAILER(S)
being unmovable.
7. 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.
8. The SEMI-TRAILER(S) used for TEMPORARY accessory storage will be
removed from the property upon cessation of such USE.
9. The SEMI-TRAILER(S) used for TEMPORARY accessory storage will not in
any manner be used to display SIGN(S).
A zoning permit for SEMI-TRAILER(S) for TEMPORARY accessory storage shall be for a
period of six (6) months, renewable only by grant of the Board of County Commissioners.
A zoning permit for one (1) SEMI-TRAILER for TEMPORARY accessory storage on lots in an
approved or recorded subdivision plat or LOTS 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 state statute and is provided as a courtesy to surrounding
property owners (the surface estate). Inadvertent errors by the applicant in supplying such list or
the Department of Planning Services in sending such notice shall not create a jurisdictional
defect in the permit process even if such error results in the failure of a surrounding property
owner to receive such notification. The Department of Planning Services shall post a sign for the
applicant on the property in question indicating that 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
19
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. 9. Temporary Storage of Semi-Trailers
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.
L 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.
20
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.
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
23-4-950. Permit requirements.
21
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.
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 5, COMMERCIAL VEHICLES, 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.
22
I. 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.
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 has not and received signed
notification of at least thirty percent (30%) of surrounding property owners within five
hundred (500) feet of the subject property in opposition to the location of the
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.
23
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-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)
O1T-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 z es/ yes/z y 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 ycsa 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
p y 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
Political 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 stings 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
24
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.
25
APPENDIX 23-D
NUMBER AND DIMENSIONS OE INDIVIDUAL SIGNS BY ZONE DISTRICT AND TYPE
SIGN TYPE NUMBER ALLOWED MAXIMUM SIGN AREA MAXIMUM HEIGHT
Residential I per ZONE LOT I sq.11. 6 ft.
Other A, R-3,R-4,INS- I per ZONE LOT. C&I- I per A,R-3,R-4- 16 sq.II. C&I-25 ft.
ZONE LOT, I per each 500'of road frontage,or 1 C&I- 150 sq.It. A,R-3,R-4-6 ft.
per each different road frontage, whichever is INS-32 sq.ft. INS-I5 ft.
greater.a
Identification I per ZONE LOT 2 sq.II. 6 ft.
Incidental N/A N/A N/A
Billboard I per ZONE LOT. No BILLBOARD shall be 300 sq.ft. 40 It.
(not allowed in PUD) located less than 500'from any other BILLBOARD
or OFF-SITE DIRECTIONAL SIGN.
Off-Site Directional C, I & A - I per ZONE LOT. No OFF-SITE C&I-300 sq.ft. C&1-40 ft.
(not allowed in PUD DIRECTIONAL SIGN shall be located less than A- ISO sq.ft.
zoning) 500' from any other BILLBOARD or OFF-SITE A-30ft
DIRECTIONAL SIGN.
Development 1 per Planned Unit Development,Minor or Major C&I- 150 sq.ft. C&I-25 It.
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. II.
Banner 1 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 I per ZONE LOT A,R,&E-4 sq.ft. A,R,&E-6 ft.
C,1,&INS-8 sq.ft. C,1,&INS-8 ft.
Flag I per ZONE LOT A,R,&E- 15 sq.ft.total A,R.&E- 15 II.
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-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.
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.
26
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 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-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-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.
NO -such a SIGN is not allowed.
a-TEMPORARY SIGNS may not be illuminated.
Chapter 24
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:
U. Minor subdivision final plat map requirements:
22. The location of any sign requiring zoning approval shall be shown. Distances
from property lines shall be indicated.
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.
Sec. 24-4-40. Final plat.
D. The following information shall be submitted as part of a final plat application.
3. On separate sheets attached to the final plat application form, the following
information is required:
27
z. A set of sign plans in accordance with the requirements of Chapter 23,
Article IV, Division II.
7. The final plat map shall include the following information.
n. The location of any sign requiring zoning approval shall be shown.
Distances from property lines shall be indicated.
8. A final plat drainage report shall be prepared in compliance with Sections 21 7-
120 and 21 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 final
plat application.
a. An erosion control plan, if required as a result of a preliminary plan
requirement.
b. Subdivision road plans prepared by a professional engineer licensed to do
work in the State. The road plans shall be dated and bear the signature and
seal of the engineer. The road plans shall include the following minimum
data:
1) Plans and profiles (to suitable scale) of all roads to be improved.
2) Typical cross section (to suitable scale) of roads, culverts and
bridges, if applicable.
3) Typical road section, including pavement design supported by soil
reports, test results, and computations.
4) Typical or specific details of road intersections and cul de sacs.
5) A complete estimate of costs shall accompany the road plan.
6) All road plan information shall be complete and sufficient for review by
the Directeeef Public Works
10. A certificate from the County Treasurer showing no delinquent taxes for the final
plat area.
11. A title commitment or a title opinion covering all public dedications.
12. A warranty deed, if required, deeding to the appropriate entity any lands to be
used for the benefit of the public or owners and future owners of this subdivision.
28
Sec. 24-5-30. Resubdivision for changes to lot lines.
B. The following information shall be submitted as part of the resubdivision for changes to
lot lines:
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.
Sec. 24-5-40. Resubdivision for redesign, addition or vacation.
B. Submittal requirements.
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.
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:
N. 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.
Chanter 27
Sec. 27-6-90. Component Six—signage. Repeal all of current language 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.
29
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.
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.
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.
Sec. 27-8-40. Changes to a PUD final plan.
D. Corrections. The Board of County Commissioners may, without 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.
30
Chapter 29
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:
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 construction, 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.
Sec. 29-3-120. Plot plan.
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.
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.
31
Sec. 22-1-150 Comprehensive Plan amendment procedure.
B3 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 Sec. 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
Section 27-2-140- Non urban 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/) 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 development located outside the MUD area is are not subject to the 10%
common open space requirement. ° n Se ti n ^' 80 ' C a . 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. (Weld County Code Ordinance 2001-1; Weld County Code Ordinance
2003-10)
Section 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 liteated4u-the-MUD-area. 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 in urban scale development and in any
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.
B.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 non urban
PUD's containing a residential element shall provide for the 10%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
B.8.c The required acreage within the MUI) 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 22-2-
32
applicant site. Individual site features shall also be taken into consideration by the Department of
Planning Services upon review of the application.
Sec. 23-2-690. PUD District application requirements.
Add then re-number
A.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 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.
33
� ?ALL- Moicrin ' I i 597-1-W r_ it s .
a;en6/—(P — Sec C- d -- `.A i ti/VIA{-ri kh yU
s OSu 1n.t k, _ ^'J cl,
' t - No i
a1 i fi
, t4e1rU{ • No
y� �''✓ PROPOSED AMMENDMENTS TO Cf F.-ouch ie
22-2-210.D.2(PUD POLICY 4.2) DELETE THE FINAL SENTENCE' '2'7WHICH NOW READS " Some Planned Unit Developments may not Chn4ot
require common open space depending on their type, density or other C ruwV�
factors" AND REPLACE WITH "All Planned Unit Developments shall
provide a minimum of 10% common open space".
Reason for change: While most PUD's are created in rural areas the P is
a community in itself Usually made up of 8 or 9 lots these small
communities need a common area where children and all residents can
gather and play within the community without creating a burden on
surrounding landowners. This requirement was eliminated recently and I feel
that this lowers the quality of the developments in the county at a time when
we should be raising our standards, not lowering them. /
SOUND LIMITATIONS IN THE AG ZONE •
/2-/UZ
ALL STATIONARY OR SEMI-STATIONARY EQUIPMENT USED
IN THE AG ZONE DISTRICT SHALL COMPLY WITH THE NOISE
LEVELS APPLICABLE TO THE S AL ZONE DISTRICT.
DEFINITION OF STATIONARY OR SEMI-STATIONARY
EQUIPMENT: Stationary or Semi-stationary equipment is defined as /
equipment that is either permanently installed or moved onto a location
where it remains stationary during its use.
I
Reason for change: Currently there are no noise requirements in the ag zone. i
I was approached by a neighbor farmer who was complaining about a pump
recently installed adjacent to his farm by a new owner. This pump runs 24
hours per day for several days at a time multiple times per summer. There is
no muffler on the engine running the pump and the noise is extremely loud
and can be clearly heard for over a mile in all directions. The noise is
extremely annoying to the many neighbors in the area and the owner is very
belligerent about not doing anything about muffling the noise. At night the
noise makes sleeping very difficult for anyone living within '/z mile or more.
While common sense and consideration seems to be the cure for this
situation sometimes people's attitudes require that rules be created to control
the unusual situations that arise, such as this.
\_.
1 `�
II- 15-a2005
4. CASE NUMBER: USR-1530
•APPLICANT: James & Gail Sutton
PLANNER: Wendi Inloes
LEGAL DESCRIPTION: Lot 2, Block 2, Carmacar Ranchettes; located in part of the E2 of
Section 5, Ti N, R68W of the 6th P.M., Weld County, Colorado.
REQUEST: Use by Special Review Permit and Site Specific Development
Plan for an Office incidental to the operation of the Uses Allowed
by Right as listed in Section 23-3-20
LOCATION: West of and adjacent to Aspen Avenue and north of and
adjacent to Mountain View Street(North of CR 12;west of and
adjacent to CR 5).
James Sutton, the applicant, said he wished to remain on the consent agenda.
The Chair asked if there was anyone in the audience wishing to speak for or against the case remaining
on the consent agenda. As there was no one, the public portion of the hearing was closed.
Doug Oschner moved that Case PZ-1085 and Case USR-1530, be forwarded to the Board of County
Commissioners along with the Conditions of Approval and Development Standards with the Planning
Commission's recommendation of approval. Tom Holton seconded the motion. Motion carried
unanimously.
HEARING ITEMS
Specific time for public input has been set aside for discussion on the following items:
— 5. CASE: Code Changes/Submittal Dates & Planning Commission Hearing
Dates For 2006
SECTIONS: Appendix 22-E-Weld County Right to Farm, Section 22-1-50—
Comprehensive Plan Amendment Procedure, Section 23-1-90
Definitions, Section 23-3-30 Accessory Uses, Section 23-3-40
Uses by Special Review, Section 23-3-110.C.8 R-1 Zone District,
Section 23-3-420.G—Accessory Uses, Section 23-4-160
Temporary storage of Mobile Homes, Section 23-4-165
Temporary storage of semi trailers, Section 23-4-250 Permit
requirements, Section 23-4-260 Delegation of authority, Section
23-4-280 Permit requirements, Section 23-4-290 Delegation of
authority Replace Sign Code Chapter 23, Article IV, Division 2,
Section 23-4-70 Preamble, Section 23-4-80 General
Requirements, Table 1, 2, 3, Section 24-3-50.0 Minor
Subdivision, Section 24-4-40.D.6 Major Subdivision, Section 24-
5-30.B.3 Resubdivision change to lot lines, Section 24-4-40.D.6
Resubdivision redesign, Add as Section 24-8-50.L, Section 24-7-
20-A-1 Streets, Appendix 24-E- Roadway Cross Sections Section
24-8-50 Submittal Requirements, Section 27-8-40—Changes to
PUD final plan, Section 29-3-170 Approval and issuance of
permit, Section 29-3-280 Certificate of occupancy, Section 3307
Protection of adjoining property, Additional Changes: Replace
Section 23-2-260.8.11, Add Section 23-2-260.D.5.c.13, Replace
Section 23-2-160.L, Section 27-6-90 will be replaces with Section
27-6-90, Add Section 14-3-50.AA, Add Section 24-3-60.U.21,
Add Section 24-4-40.D.7, Add Section 24-4-40.D.3.z, Update
various section , Section 29-3-120
3
PLANNERS: Monica Mika, Kim Ogle, Sheri Lockman, Chris Gathman,
Bethany Salzman, Peter Schei, Roger Vigil, Bruce Barker
Monica Mika, Director of Planning Services,said every year it is the responsibility of the Planning Department
to approve hearing dockets for the upcoming year. Ms. Mika presented the hearing dates for the year 2006
and pointed out that on October 17, 2006, due to the booking of the hearing room for the election,they may
not be able to hold the scheduled hearing in the South Weld office. February 21, 2006 has been set aside
solely for the presentation of one specific case,the Pioneer application. She is recommending the schedule
be approved.
The Chair asked for discussion or a motion. Tom Holton moved that Submittal Dates & Planning
Commission Hearing Dates for 2006, be approved. Doug Oschner seconded the motion.
Motion carried unanimously.
Ms. Mika suggested approving changes chapter by chapter, and then presented the changes to Chapter
22, the Right to Farm Covenant. Ms. Mika said the intent is to address the idea of visual disparity between
urban and agricultural areas, to define visual blight and identify what it might look like in each area. The
new language in the second paragraph addresses the visual disparity and Ms. Mika would like that
component added to Chapter 22.
The Chair said there is a fine line between accumulated farm equipment and a junkyard and asked what
in the code addresses trash accumulation on property that is not agriculturally related. Ms. Mika
suggested that items not related to the uses of the property would constitute a problem and are looked at
on a case by case basis. She then mentioned that screening was an alternative as well as the option of
flexibility to allow for certain things in the agricultural areas as opposed to urban areas. Doug Oschner
asked for a definition of an agricultural farm, is it based on acreage, and how is that determined. Ms. Mika
said that presently there is no specific definition, and there are certain older subdivisions that have the
same rights as larger agricultural areas.
Doug Oschner moved that the changes to Chapter 22 be approved. Erich Ehrlich seconded the motion.
Motion carried unanimously.
Chris Gathman, Department of Planning Services, presented Chapter 23 regarding cargo containers and
semi trailer storage containers. He said the issue is they are different and require different permits and
they are trying to clarify the difference between these containers and the storage of them in rural areas
and urban areas. The first change in Chapter 23, page 4, is the definition of a cargo container.
The Chair asked about the difference between a cargo container and a semi container. Mr. Gathman said
a cargo container does not have wheels, a semi container does. The cargo container requires a building
permit but not a license. The semi container does not require a building permit but must be licensed.
Paul Branham asked about the verbage and if a container must be metal. Mr. Gathman replied that you
want the container to be permanent, and metal is more permanent than wood or something else. Tom
Holton asked what in particular they were trying to accomplish with this change. Mr. Gathman said
basically it is a way to regulate the number of cargo containers on a parcel, allowing one (1)per parcel as
a use by right.
The Chair asked if a cargo container required a building permit. Mr. Gathman said it would, specifically in
the Agricultural Zone District, but this does not address high intensity residential areas. Mr. Holton asked
what the building permit fee would be for a cargo container. Roger Vigil, Chief Building Official, said the
fee is based on a storage building, the same as any metal building, but does not include the foundation in
the fee. For instance, a one thousand (1000)square foot building would be five hundred fifty(550)dollars.
Mr. Holton asked if this is approved, does that mean the building department will have to go out and
conduct inspections on these containers. Mr. Vigil replied that they would. The Chair asked about
setbacks from property lines. Mr. Vigil said those would be adhered to, but said he felt most containers
would be out in the middle of the property, not necessarily near the dwelling. The Chair asked about
containers already in place and will they need to obtain a permit. Mr. Gathman's response was inaudible.
Mr. Holton asked for clarification that there would be one (1)container per parcel no matter the number of
acres. Mr. Gathman said that was correct. Mr. Gathman then addressed page 5 and the definition of
4
semi-trailers, that they are not structures so do not require permits, but do need to be licensed. He said
page 6 outlines cargo containers as an accessory use in the Agricultural Zone District. Cargo containers
are for storage only; they are not to be used as dwellings; they need to remain transportable;they shall be
maintained and not allowed to come into disrepair; signage of any kind may not be placed on them; they
are based on use and once the storage use ends they must be removed. We are proposing to allow up to
two (2)semi-trailers in the Agricultural Zone District if not in a subdivision or unincorporated town sites. In
areas that are incorporated town sites or subdivisions,we are proposing to allow one (1) semi-trailer as
temporary accessory storage and the permitting process would be similar to that for a mobile home where
they must justify use of the trailer for storage. An applicant proposing more than one (1)semi-trailer would
require a use by special review. Mr. Branham asked what temporary meant. Mr. Gathman replied that it
was six (6)months, but they can request extensions from the Board of County Commissioners up to a
period of eighteen (18) months. The Chair asked about the use of the word "temporary"on page 8, item
L. and suggested perhaps it should be stricken. Mr. Gathman agreed to strike"temporary"on page 8,
item L. The Chair asked about the permitting process for semi-trailers. Mr. Gathman responded that page
20, Section 23-4-900 addresses specific permitting requirements.
Bethany Salzman, Compliance Officer, said the specific area of the code she had been asked to address
dealt with the parking and operation of commercial vehicles on private property in the Agricultural Zone
District. Page 8, item M., allows for one (1)commercial vehicle without permits as long as it is not in a
subdivision or incorporated town. If it is located in one of those areas, the owner will need to apply for a
permit, at which time surrounding property owners will also be notified as part of the process. The
commercial definition on page 8 did not change noticeably. Ms. Salzman then gave an overview of
Sections 23-3-110 and 23-3-420. Mr. Welch asked how many semi-trailers are allowed. She replied that
agricultural purposes are not as limited as other uses, and that the code changes are trying to make
requirements more lenient. In her position, she operates on a complaint basis and at this point in time,
regulates only those she receives complaints on. Mr. Holton suggested they make some changes in the
language. As it is now, it allows only for personal use and he knows of numerous farmers that use their
semi-trailers to make a living in the off season, thus changing the circumstances. Mr. Holton suggested
this was a huge grey area. The Chair said one way to address it would be to designate one (1)
commercial vehicle for every two (2)to ten (10) acres, more, if they owned more land. Ms. Salzman said
she would welcome any proposed language. Bruce Barker, County Attorney, asked Ms. Salzman about
the use by right. She replied that if you grow or raise something on site, the use of the semi is okay, but it
becomes commercial if you are hauling something to other places. Mr. Barker said he didn't see
neighbors hauling various things for each other as a violation of the code. Mr. Holton asked about future
effects if passed at this point. The Chair said that is why the code is changed regularly to address
changes and needs as they are required.
Sheri Lockman, Department of Planning, addressed the sign code saying they have proposed a new
format to make it easier for the public to understand and that sizes and numbers of signs have not
changed much. The Chair asked what the most significant change was. Ms. Lockman replied that there
were two: additional signs for increased road frontage; and zone lots, where there would be one (1) sign
per use rather than one (1) sign per lot. Mr.Welch asked for clarification on page 17, item D., concerning
sizes of signs. Ms. Lockman said Appendix 23-D addressed that. Mr. Oschner inquired about placement
of the sometimes numerous development signs. Ms. Lockman said sign complaints will be on a case by
case basis and that the county will not be out actively looking for violations. Mr. Oschner said he would
like to see the county sign code changed. Ms. Mika responded that signs and their placement always
spark a passionate discussion. The Chair said it was discussed at length several years ago. Mr. Ehrlich
inquired about page 13 and the time frame of political sign removal. Ms. Lockman said it has been
changed many times.
The Chair reminded the commission members that they needed to make a motion to amend page 8, item
L.
Tom Holton moved that the word "temporary"be stricken from page 8, item L. Doug Oschner seconded the
motion. Motion carried unanimously.
The Chair asked if there was anyone in the audience wishing to speak for or against changes to the code. As
there were none, the public portion of the hearing was closed.
5
Doug Oschner moved that Chapter 23,with amendments submitted by the staff,be approved. Paul Branham
seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Roy
Spitzer, yes;James Welch,yes; Michael Miller,yes; Erich Ehrlich,yes;Tom Holton,yes; Doug Ochsner,yes;
Paul Branham, yes. Motion carried unanimously.
Tom Holton commented that he would like to see the size of the parcel figure into the number of commercial
semi-trailers permitted in the Agricultural Zone District.
Ms. Mika, Director of Planning, reviewed Chapter 24, page 26, which proposes an affidavit of lien holders
and anyone with a legal interest in a subdivision. It was determined the best way to do this was through a
list of names and addresses of property owners and to include them in the submittal requirements for
subdivisions. Bruce Barker, County Attorney, gave an example of a parcel where there is a mortgage on
that parcel and a deed of trust and it is then subdivided where each legal description becomes different.
They want to make certain that a lien holder is notified and understands the property is being subdivided
and that in fact legal descriptions are being changed and this provides a measure of protection for the lien
holder. Mr. Barker said the lien holder could hold up the process but could probably not stop the process,
and this served to notify them of impending changes as well as give them the opportunity to protect their
interests.
The Chair asked if anyone in the audience wished to speak for or against the changes to Chapter 24 of
the county code. As there were none, the public portion was closed.
Mr. Branham asked about the number of sub-section deletions and if they are addressed elsewhere. Ms.
Lockman said they were.
Peter Schei, Public Works, presented road changes in Appendix 24. His presentation was inaudible.
Doug Oschner moved that the amendments to Chapter 24 be approved. Tom Holton seconded the
motion. Motion carried unanimously.
Ms. Mika reviewed Chapter 27 and said there is one change in Section 27-8-40 to incorporate the PUD
signage into the new sign code presented by Ms. Lockman. On page 29, item D., there is a new sentence
at the end that should have "or fifteen (15)"stricken.
The Chair asked if there was anyone in the audience wishing to speak for or against changes to the code. As
there were none, the public portion of the hearing was closed.
Doug Oschner moved that Chapter 27, with the deletion and the amendments submitted by the staff, be
approved. James Welch seconded the motion. Motion carried unanimously.
Roger Vigil,Chief Building Official, reviewed Chapter 29 regarding the International Building Code,saying that
the changes they were requesting gives building inspectors an extra tool to use. The Chair asked if this was
designed to protect neighbors during construction and if notification of digging needed to be provided to the
neighbors. Mr.Vigil said this was instituted to control water run-off and that neighbors need not be given prior
notification of digging. Mr. Vigil said the second part addresses the plot plan and the need to have enough
room for the well,septic,etc. Mr. Barker said storm water changes require the county to enforce storm water
regulations in what are called the MS-4 areas and those deal with population centers surrounding Longmont,
Evans, Greeley and Erie. Mr.Barker said the Commissioners have done two things: the first is regulating the
MS-4 areas;the second applies to post-construction,where the plot plan provided to the Building Department
must have evidence that they are using "Best Management Practices"; any properties with a State permit
where more than one(1)acre is disturbed will need the storm water permit and must prove that they are using
"Best Management Practices as well, and this will be overseen by the Environmental Health Department.
The Chair asked if there was anyone in the audience wishing to speak for or against changes to the code. As
there were none, the public portion of the hearing was closed.
6
Doug Oschner moved that Chapter 29,with amendments submitted by the staff, be approved. Erich Elrlich
seconded the motion.
The Chair then introduced proposed amendments to the code he would like to see considered. The first
one is in Section 22-2-210.D.2 (PUD POLICY 4.2)where he would like to delete the final sentence,which
now reads, "Some Planned Unit Developments may not require common open space depending on their
type, density, or other factors"and replace with "All Planned Unit Developments shall provide a minimum
of ten percent (10%)common open space." The Chair said the reason he is requesting this change is
that while most PUD's are created in rural areas, the PUD is a community in itself. They usually consist of
eight(8)or nine (9) lots and these small communities need a common area where children and all
residents can gather and play within the community without creating a burden on surrounding landowners.
This requirement was recently eliminated and he feels that this lowers the quality of the developments in
the county at a time when standards should be raided rather than lowered.
Mr. Welch said he knows this is a contentious topic but does not feel a common open space needs to be
mandatory. Ms. Mika reviewed the PUD benchmarks which designate that the amount and type of
common open space provided in a PUD Zone District shall be proportional to the intensity of the zone
districts called for in the PUD or uses specified in the application, unless specifically delineated in Chapter
26. Ms. Lockman commented that fifteen percent(15%)open space is required in major subdivisions and
urban areas. Mr. Miller said his intent was, as an example, to create a three (3) acre open space in a
thirty(30)acre subdivision that was not necessarily contiguous. Ms. Mika replied that when the Code was
modified, the findings were that designs for these minor subdivisions were such that the open space was
really only for the entry way to the neighborhood and the trails may or may not have been maintained.
Mr. Spitzer said something about flexibility, open space and signage that was inaudible. Ms. Mika said
there is a difference between having a regulation that says "sometimes"and one that says "all PUD's shall
require". Mr. Spitzer said, if he understood correctly, urban scale developments require a fifteen percent
(15%)open space for all nine (9) lot minor subdivisions, and would then need to be amended to say"not
all Planned Unit Developments", but rather"all minor subdivisions". Ms. Mika said that the way this was
written, all PUD's shall provide a minimum of ten percent(10%)open space still would be okay in the
MUD which has a higher benchmark. Another compromise might be to say that PUD's in certain areas
need open space and PUD's in other areas do not. The Chair reaffirmed the need for open space areas
to serve the needs of the residents. Mr. Oschner said he understands the need for common open space
but doesn't agree with requirements for all PUD's, as not everyone setting up a subdivision can afford the
burden of maintenance of the open space. Ms. Mika then addressed retention ponds and said they are
not always considered open space as it depends on where they are located especially if there primary
function is retention. Ms. Mika recommends not changing this. Mr. Branham said he supports ten percent
(10%)common open space for all PUD's but asked if it was appropriate to suggest this change at this
time. Mr. Barker responded that it was okay, as it will be published prior to the Board of County
Commissioner's hearing and they fully expected the Planning Commission to have additions they would
like to see implemented.
The Chair asked if there was anyone in the audience wishing to speak for or against changes to the code. As
there were none, the public portion of the hearing was closed.
Paul Branham moved to amend Section 22-2-210.D.and add the statement"All Planned Unit Developments
shall provide a minimum ten percent(10%) common open space". Tom Holton seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Roy
Spitzer, yes; James Welch, no; Michael Miller, yes; Erich Ehrlich, no; Tom Holton, yes; Doug Ochsner, no;
Paul Branham, yes. Motion carried 4-3.
Mr.Spitzer had a comment that was inaudible. Mr.Oschner commented that he does not think this is needed
at this point and is potentially more detrimental to the subdivisions or the PUD than it is beneficial. Mr.Welch
commented that he agrees with Commissioner Oschner and that making this a requirement could cause
hardship in some cases. Mr. Holton commented that he didn't think the retention pond should have to be
counted as part of the open space unless they wanted it to count as part of that ten percent(10%).
The Chair then proposed a change to sound limitations in the Agricultural Zone District to read, "All
stationary or semi-stationary equipment used in the Agricultural Zone District shall comply with the noise
levels applicable to the Commercial Zone District." Currently there are no provisions for limitations in the
Agricultural Zone District and he felt that was a reasonable addition to the code in that area as the county
is becoming more urbanized and he wants to prevent it becoming a larger issue in the future. Mr.
Oschner asked if the noise was to be measured from the noise source or property line. The Chair replied
that it would be measured from the property line. Trevor Jiricek, Department of Environmental Health, said
per state statute, you would measure twenty-five (25)feet from the property line. Mr. Barker said noise
levels from 7 am to 7pm allowed sixty(60) decibels and from 7pm to 7am fifty-five (55)decibels.
Definitions by state statute are different from our Commercial Zone District so you could make it more
restrictive per state statute but need to spell out the Commercial Zone District as defined in Section 25-12-
102. Mr. Holton asked what sixty-five (65)decibels would sound like. Mr.Jiricek said a vacuum cleaner is
an example of sixty-five (65)decibels. Mr. Holton asked who would enforce noise levels. Mr. Barker
responded that things would remain basically the same,just become stricter in the Agricultural Zone
District for those activities deemed commercial. Mr. Jiricek answered a question about a water pump in
the Agricultural Zone District and said standards do not presently apply, but would change with this
amendment. The Chair said the intent is to eliminate this kind of problem because presently there are no
provisions other than hiring an attorney and suing. Ms. Mika asked how this could be enforced with
mineral extraction etc. The Chair said there was no way at present. Ms. Mika said they are addressed in
the Use by Special Review permit process. Mr. Ehrlich asked if using commercial equipment in the
Agricultural Zone District would constitute a violation. The Chair said it would be an agricultural use but he
wants the commercial noise standard added. Mr. Holton asked about tractors excluding harvest and
should they be muffled. Mr. Oschner replied that was addressed in the right to farm clause. Mr. Branham
said he agrees with the proposed amendment but knows from experience that decibel readings are not
always appropriate for commercial use. He suggested that it might be worthwhile to have staff examine
this and come back with recommendations at a later date. Ms. Mika agreed that would be appropriate. It
was decided that staff address this issue with the Board of County Commissioners and make a
recommendation available to the Planning Commission at a future date.
6. CASE NUMBER: PZ-545
APPLICANT: Bret Larimer
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot B of AmRE-1452; Pt SW4 of Section 4, T6N, R66W of the
6th P.M., Weld County, Colorado.
REQUEST: Change of Zone from Agriculture to PUD- Estate for 38
residential developments with 26 acres more or less of open
space located outside of an IGA or UGB; North of the Town of
Windsor
LOCATION: East of and adjacent to SH 257 and '/3 mile south of CR 74.
Kim Ogle, Department of Planning. This case is PZ-545,a Change of Zone from A(Agricultural)to PUD with
Estate uses for thirty-eight(38)residential Lots and 25.55 acres of Common Open Space(Falcon Ridge PUD)
located outside of an Intergovernmental Agreement Area and an Urban Growth Boundary Area,utilizing water
from North Weld County Water District and individual septic systems. The applicant is Bret Larimer,
representing WIPO, LLC.
The property is located 0.25 mile north of CR 72;east of and adjacent to State Hwy 257. The property slopes
west to east away from SH 257,a two lane State Highway with a posted speed of 65 mph at this location. The
Windsor Reservoir & Canal Company (Springer Ditch) lies along the eastern edge of this proposed
development.
Predominate land use is agricultural with residential subdivision development in the immediate vicinity. The
property is north of the corporate city limits and contiguous with the Town of Windsor's corporate limits along
the western property line all located within the Town's Growth Management Area. This planning area,
although recognized by the Town, is not recognized by Weld County.
The Windsor Assembly of God church facility is located adjacent to the south, Moriah Estates PUD(24 lots on
8
NOTICE OF PUBLIC HEARING
The Weld County Planning Commission will hold a public hearing on Tuesday, December 7,
2004, at 1:30 p.m. for the purpose of considering Code Changes for the Weld County Code.
PLANNER: Monica Mika
ITEM: Appendix 22-E-Weld County Right to Farm, Section 22-1-50 —Comprehensive Plan
Amendment Procedure, Section 23-1-90 Definitions, Section 23-3-30 Accessory Uses, Section
23-3-40 Uses by Special Review, Section 23-3-110.C.8 R-1 Zone District, Section 23-3-420.G —
Accessory Uses, Section 23-4-160 Temporary storage of Mobile Homes, Section 23-4-165
Temporary storage of semi trailers, Section 23-4-250 Permit requirements, Section 23-4-260
Delegation of authority, Section 23-4-280 Permit requirements, Section 23-4-290 Delegation of
authority Replace Sign Code Chapter 23, Article IV, Division 2, Section 23-4-70 Preamble,
Section 23-4-80 General Requirements, Table 1, 2, 3, Section 24-3-50.0 Minor Subdivision,
Section 24-4-40.D.6 Major Subdivision, Section 24-5-30.B.3 Resubdivision change to lot lines,
Section 24-4-40.D.6 Resubdivision redesign, Add as Section 24-8-50.L, Section 24-7-20-A-1
Streets, Appendix 24-E- Roadway Cross Sections Section 24-8-50 Submittal Requirements,
Section 27-8-40—Changes to PUD final plan, Section 29-3-170 Approval and issuance of permit,
Section 29-3-280 Certificate of occupancy, Section 3307 Protection of adjoining property,
Additional Changes: Replace Section 23-2-260.B.11, Add Section 23-2-260.D.5.c.13, Replace
Section 23-2-160.L, Section 27-6-90 will be replaces with Section 27-6-90, Add Section 14-3-
50.AA, Add Section 24-3-60.U.21, Add Section 24-4-40.D.7, Add Section 24-4-40.D.3.z, Update
various section , Section 29-3-120 •
The public hearing will be held at the Weld County Planning Department, 4209 CR 24.5,
Longmont, Colorado. Comments or objections related to the above request should be submitted
in writing to the Weld County Department of Planning Services, 918 10th Street, Greeley,
Colorado 80631, before the above date or presented at the public hearing on November 15,
2005.
Copies of the application are available for public inspection in the Department of Planning
Services, 918 10th Street, Greeley, Colorado 80631. Please call Voneen Macklin at (970) 353-
6100, Ext. 3540, or Fax#(970) 304-6498, prior to the day of the hearing so that reasonable
accommodations can be made if, in accordance with the Americans with Disabilities Act, you
require special accommodations in order to participate in this hearing as a result of a disability.
All cases scheduled before the Planning Commission for hearing are subject to continuance, due
to lack of quorum or otherwise. Contact the Department of Planning Services at (970) 353-6100,
ext. 3540, for hearing continuance information.
Bruce Fitzgerald
Weld County Planning Commission
To be published in the Fort Lupton Press
To be published one (1)time by October 26, 2005.
(_[[ � ' r:D'FA` ED
' laii�L
i^c
E LIC T dPGBunHEPlanG PROOF OF PUBLICATION
The Weld o Planning
Commission will hold a pubic FORT LUPTON
hearing 4, 1:Tuesday, embpr s
2004,at 1:30 p.m.for the purpose
of considering Code Changes for STATE OF COLORADO
the Weld County Code.
PLANNER:Monica Mika COUNTY OF WELD SS.
ITEM: Appendix 22-E- Weld
County Right to Farm, Section
22-1-50 L Comprehensive Plan
Amendment Procedure, Section
23-3-30 Definitions,Uses, Section ns, Section
23-3-30 Accessory I, Karen Lambert, do solemnly swear that 23-3-40 Uses by Special Review,
Section 23-3-110.C.8 R-1 Zone am the Publisher of the Fort Lupton Press;
District, Section 23-3-420.G -
Accessory Uses,Section 23-4-160 that the same is a weekly newspaper printed
Temporary storage of Mobile
Homes, Section 23-4-165 and published in the County of Weld, State
Temporary Sectionst23-4-250 orag of emit Permit of Colorado, and has a general circulation
requirements, Section 23-4-260 therein• that said newspaper has been
Delegation of authority, Section ,
23-4-280 Permit requirements,
Section 23-4-290 Delegation of published continuously and uninterruptedly
authority Replace Sign Code
Chapter 23, Article IV, Division 2, in said county of Adams for a period of more
Section 23-4-70 Preamble,Section than fifty-two consecutive weeks prior to the
23-4-80 General Requirements,
Table 1, 2, 3, Section 24-3-50.0 Minor Subdivision, Section first publication of the annexed legal notice
24-4-40.D.6 Major Subdivision,
Section 24-5-30.8.3 Resubdivision or advertisement; that said newspaper has
change to iot Imes, Section D.6 been admitted to the United States mails as
2 Resubdivision
redesign, Add as Section
24-8-50.L, Section 24-7-20-A-, second-class matter under the provisions of
Streets,Appendix 24-E-Roadway
Cross Sections Section 24-8-50 the act of March 3, 1879, or any
Submittal
l6 Changes eto Requirements,
PUDe fns amendments thereof, and that said
plan, Section 29-3-170 Approval
and issuance of permit, Section newspaper is a weekly newspaper duly
29-3-280 Certificate of occupancy,
Section 3307 Protection of qualified for publishing legal notices and
adjoining property, Additional Changes: Replace Section advertisements within the meaning of the 11,23-2-260.D.5.c Add Section laws of the State of Colorado. That the
Se .D.23-21, Replace
27-6-90 will 6 Section
ction be replaces with annexed legal notice or advertisement was
Section 27-6-90, Add Section
14-3-50.4A, Add Section published in the regular and entire issue of
24-4-40.0.7,2 Section
24-4-40.D.7, Add Section every number of said weekly newspaper for
24-4-40.D.32, Update various
section,,Section 29-3-120 the period of 1 consecutive insertion(s); and
The public County be heldat that the first publication of said notice was in
e Weld Planning g
Department, 4209 CR 24.o, the issue of newspaper, dated day Longmont,Colorado.Comments or 26th of
objections related to the above October, 2005, and the last on the 26th day
request should be submitted in
writing to the Weld County
Department of Planning Services, of October, 2005.
918 10th Street,Greeley,Colorado
80631, before the above date or
presented at the public hearing on Weld County Planning Department
November 15,2005.
Copies of the application are GREELEY OFFICE
available for public inspection in
the Department of Planning 0CT }
Services,918 10th Street,Greeley, I 3 . 2005
Colorado 80631. Please call
Voneen Macklin at(970)353-6100,
Ext. 3540, or Fax it (970)
304-6498, prior to the day of the RECEIVED
hearing so that reasonable
accommodations can be made if,
accorda
nce accordance with the Americans
with Disabilities Act, you require
special accommodations in order
to participate in this hearing as a
result of a disability. All cases � /
scheduled before the Planning /
Commission for hearing are
subject to continuance,due to lack
of quorum or otherwise. Contact ��
the
Department of Planning .�..c_ 2�
Services at (970) 353-6100, ext. ubl Pis her. Subscri ed a Orn a ore me, this the
3540, for hearing continuance
information. 24th day of October, 2005.
Bruce Fitzgerald
Weld County Planning
Commission
To be published in the Fort Lupton .
Press
To be published one (1)time by
*4,91
October 26,2005.
otary u ic.
1 ' a-(` O(p
p CASE NO.1111111 key 21161
AMENDED NOTICE OF PUBLIC HEARING
The Weld County Planning Commission will hold a public hearing on Tuesday, November 15,
2005, at 1:30 p.m. for the purpose of considering Code Changes for the Weld County Code.
PLANNER: Monica Mika
ITEM: Appendix 22-E-Weld County Right to Farm, Section 22-1-50—Comprehensive Plan
Amendment Procedure, Section 23-1-90 Definitions, Section 23-3-30 Accessory Uses, Section
23-3-40 Uses by Special Review, Section 23-3-110.C.8 R-1 Zone District, Section 23-3-420.G —
Accessory Uses, Section 23-4-160 Temporary storage of Mobile Homes, Section 23-4-165
Temporary storage of semi trailers, Section 23-4-250 Permit requirements, Section 23-4-260
Delegation of authority, Section 23-4-280 Permit requirements, Section 23-4-290 Delegation of
authority Replace Sign Code Chapter 23, Article IV, Division 2, Section 23-4-70 Preamble,
Section 23-4-80 General Requirements, Table 1, 2, 3, Section 24-3-50.0 Minor Subdivision,
Section 24-4-40.D.6 Major Subdivision, Section 24-5-30.6.3 Resubdivision change to lot lines,
Section 24-4-40.D.6 Resubdivision redesign, Add as Section 24-8-50.L, Section 24-7-20-A-1
Streets, Appendix 24-E- Roadway Cross Sections Section 24-8-50 Submittal Requirements,
Section 27-8-40—Changes to PUD final plan, Section 29-3-170 Approval and issuance of permit,
Section 29-3-280 Certificate of occupancy, Section 3307 Protection of adjoining property,
Additional Changes: Replace Section 23-2-260.6.11, Add Section 23-2-260.D.5.c.13, Replace
Section 23-2-160.L, Section 27-6-90 will be replaces with Section 27-6-90, Add Section 14-3-
50.AA, Add Section 24-3-60.U.21, Add Section 24-4-40.D.7, Add Section 24-4-40.D.3.z, Update
various section , Section 29-3-120
The public hearing will be held at the Weld County Planning Department, 4209 CR 24.5,
Longmont, Colorado. Comments or objections related to the above request should be submitted
in writing to the Weld County Department of Planning Services, 918 10th Street, Greeley,
Colorado 80631, before the above date or presented at the public hearing on November 15,
2005.
Copies of the application are available for public inspection in the Department of Planning
Services, 918 10th Street, Greeley, Colorado 80631. Please call Voneen Macklin at(970) 353-
6100, Ext. 3540, or Fax#(970) 304-6498, prior to the day of the hearing so that reasonable
accommodations can be made if, in accordance with the Americans with Disabilities Act, you
require special accommodations in order to participate in this hearing as a result of a disability.
All cases scheduled before the Planning Commission for hearing are subject to continuance, due
to lack of quorum or otherwise. Contact the Department of Planning Services at (970) 353-6100,
ext. 3540, for hearing continuance information.
Bruce Fitzgerald
Weld County Planning Commission
To be published in the Fort Lupton Press
To be published one (1)time by October 26, 2005.
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Chad Auer, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
APPLICANT: Weld County
PLANNER: Monica Mika/Bruce Barker
REQUEST: Amendment to Chapter 22 Comprehensive Plan
be recommended favorably to the Board of County Commissioners the following amendment to the Weld
County Code:
Sec. 22-1-150. Comprehensive Plan amendment procedure.
B3. 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 Sec. 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 . . . [rest the
same]
Motion seconded by Doug Ochsner
VOTE:
For Passage Against Passage Absent
Michael Miller
Bruce Fitzgerald
Chad Auer
Tom Holton
Doug Ochsner
James Welch
Erich Ehrlich
Roy Spitzer
Paul Branham
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I,Voneen Macklin, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on December 20, 2005.
Dated the 201h of December 2005.
Voneen Macklin
Secretary
/, t - o C2OOS
6. CASE NUMBER: USR-1536
APPLICANT: Donald&Cheryl Hackett
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot A of RE-1871; part W2 SW4 of Section 22,T2N, R66W of
the 6th P.M.,Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a
kennel(100 dogs-dachshunds)in the(A)Agricultural Zone
District.
LOCATION: North of and adjacent to CR 18;approximately 1/2 mile east of
CR 31.
Jacqueline Hatch, Department of Planning Services, requested that Case USR-1536 remain on the consent agenda.
Donald Hackett, 15267 CR 18,applicant, requested his case remain on the consent agenda.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished
to speak. The public portion was closed.
Doug Oschner moved that Case USR-1535 and Case USR-1536 remain on the consent agenda and be forwarded to the
Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning
Commission's recommendation of approval. Tom Holton seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Roy Spitzer,yes;Tom
Holton, yes; Chad Auer, yes; Doug Ochsner, yes; Paul Branham, yes; Bruce Fitzgerald, yes. Motion carried
unanimously.
HEARING ITEMS
7. APPLICANT: Weld County
PLANNER: Monica Mika/Bruce Barker
REQUEST: Amendment to Chapter 22 Comprehensive Plan
Monica Mika, Director of Planning Services, reminded the Planning Commissioners that they had made several
changes to Chapter 22 of the Weld County Code a month ago and that there was one more additional change she
wanted to present today. That change was a regulation that allows the Comprehensive Plan be amended two times
in any given year. The Department of Planning Services'recommendation was that for the calendar year of 2006,
they withhold accepting applications to change the Mixed Use Development area in February and hold them until
August. The intent was that since they were preparing to go through the Mixed Use Development process,they felt it
was more appropriate to work through this study before adding any new parcels into the MUD area. That information
was found in Section 22-1-150 of the County Code. The Chair asked Ms. Mika what action should be taken today.
Ms. Mika replied that the recommendation for approval be forwarded to the Board of County Commissioners for
consideration in their Code changes and be attached to the previous Code changes and presented as one
consideration to the Board in January.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished
to speak. Public portion closed.
Chad Auer moved that Weld County Amendment to Chapter 22 Comprehensive Plan be forwarded to the Board of
County Commissioners along with the recommendation of approval. Doug Oschner seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision Roy Spitzer,yes;Tom
Holton, yes; Chad Auer, yes; Doug Ochsner, yes; Paul Branham, yes; Bruce Fitzgerald, yes. Motion carried
unanimously.
8. CASE NUMBER: 2005-XX
APPLICANT: Benson Farms LLC
PLANNER: Michelle Martin
LEGAL DESCRIPTION: Part E2 of Section 23 and the SW4 of Section 24, all in T3N,
R68W of the 6th P.M.,Weld County, Colorado.
4
if 4
MEMORANDUM
TO: Planning Commission December 13, 2005
III' O
FROM: Monica Mika / Bruce Barker
COLORADO SUBJECT: Weld County Code Changes
Attached is an additional code change for Chapter 22 addressing a time line for application submittals for
amendments to the MUD Structural Plan. This modification will be presented to the Board of County
Commissioners along with your recommendation on the code changes presented on November 15, 2005.
Sec. 22-1-150. Comprehensive Plan amendment procedure.
B3. 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 Sec.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 . . . [rest the
same]
•
NOTICE OF PUBLIC HEARING
The Weld County Planning
Commssion will hold a public hearing
on Tuesday.December 20,2005,at
1:30 p.m for the purpose of considering
revised Weld County Code language.
Approval of the request may create a
vested property right pursuant to
Colorado Law.
APPLICANT:Weld County
PLANNER:Monica Mika
TYPE AND INTENSITY OF
PROPOSED USE:Amendment to
Chapter 22 Comprehensive Plan
The public hearing will be held in the
Hearing Room at the Southwest Weld
County Offices,4209 CR 24'A,
Longmont,Colorado.Comments or
objections related to the above request
should be submitted in writing to the
Weld County Department of Planning,
918 10'"Street,Greeley,Colorado
80631.before the above date or
presented at the public hearing on
December 20,2005.
Copies of the application are available
for public inspection in the Department
of Planning Services,91810"Street,
Greeley,Colorado 80631. Please call
Voneen Macklin at(970)353-6100.Ext.
3540,or Fax#(9]0)304-6498,prior to
the doe
ay of the hearing so that
reasonable accommodations can be
made if,in accordance with the
Americans with Disabilities Act,you
require special accommodations in
order to participate in this hearing as a
result of a disability. All cases
scheduled before the Planning
Commission for hearing are subject to
continuance,due to lack of quorum or
otherwise. Contact the Department of
Planning Services al(970)353-6100,
ext 3540,for hearing continuance
information.
Bruce Fitzgerald,Chair
Weld County Planning Commssion
To be published in the Fort Lupton
Press.
To be published one(1)time by
November 30,2005
E_!�''h E0/(" �AED
NOTICE OF PUBLIC HEARING PROOF OF PUBLICATION
The Weld County Planning
Commission will hold a public FORT LUPTON
hearing on Tuesday, December
pu, ose at 1:s pin. rer ted STATE OF COLORADO
Weld
u consideringC greuae.
Weld County Code language.
Approval of the request may create COUNTY OF WELD SS.
a vested property right pursuant to
Colorado Law.
APPLICANT:Weld County
PLANNER:Monica Mika
TYPE AND INTENSITY OF I, Karen Lambert, do solemnly swear that I
PROPOSED USE Amendment to
Chapter 22 Comprehensive Plan am the Publisher of the Fort Lupton Press;
The public hearing will be held in
the Hearing Room at that the same is a weekly newspaper printed
42 Weld County Longmont,
Offices,
ColoCR 24 s and published in the County of Weld, State
Colorado.Comments or objections
related to the above request of Colorado, and has a general circulation
should be submitted in writing to
the Weld County Department of therein; that said newspaper has been
Planning,918 10th Street,Greeley,
Colorado 80631,before the above
or presented at the public
published continuously and uninterruptedly
date
hearing on December th2cation 2005. in said county of Adams for a period of more
Copies of the inspection
are
available for public inspection in than fifty-two consecutive weeks prior to the
the Department of Planning
Colorado 80631. Please call
Voneen Macklin at(970)353-6100, or advertisement; that said newspaper has
Ext. 3540, or Fax # (970)
304-6498, prior to the day of the been admitted to the United States mails as
hearing so that reasonable
ac
commodations d can be made is second-class matter under the provisions of
in with the Americans
with Disabilities Act, you require the act of March 3, 1879 or any
special accommodations in order
to participate in this hearing as a amendments thereof, and that said
result of a disability. All cases
scheduled before the manning newspaper is a weekly newspaper duly
Commission for hearing are
subject to continuance,due to lack qualified for publishing legal notices and
of quorum or otherwise. Contact 9
the Department of Planning t. advertisements within the meaning of the
Services aa m(9 nt 353-6100,Pia ing
3540, for hearing continuance laws of the State of Colorado. That the
information.
Bruce Fitzgerald,Chair
Weld County Planning
annexed legal notice or advertisement was
Commission beuis published in the regular and entire issue of
Co be published in the Fort Lupton
Press. every number of said weekly newspaper for
To be Tovbmpublished one (1) time by Weld County Pls:vling Department
GREELEY OFFICE the period of 1 consecutive insertion(s); and
that the first publication of said notice was in
DEC X `: 2005 the issue of newspaper, dated 30th day of
�y p', 1^r November, 2005, and the last on the 30th
fECEVED day of November, 2005.
dmc2--n c
Publisher. Su• cribed an rn before me, this the
25th day of November, 2005.
Notary Public.
/ `c f.0(4 CASE NO.370290 key 22151
Hello