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Home My WebLink About20022914.tiff ORDINANCE NO. 2002-9 IN THE MATTER OF REPEAL AND REENACT, WITH AMENDMENTS, CHAPTERS OF THE WELD COUNTY CODE, SPECIFICALLY, CHAPTER 23 ZONING, CHAPTER 24 SUBDIVISIONS, CHAPTER 26 MIXED USE DEVELOPMENT, CHAPTER 27 PLANNED UNIT DEVELOPMENT, AND CHAPTER 29 BUILDING REGULATIONS BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHEREAS, the Director of Planning Services and County Attorney have recommended certain revisions be made to the Weld County Code, and WHEREAS, specific changes that have been recommended are located in Chapter 23 Zoning, Chapter 24 Subdivisions, Chapter 26, MUD, Chapter 27 PUD, and Chapter 29 Building Regulations, and WHEREAS, the Board of County Commissioners deems it advisable to repeal and re-enact, with amendments, the specific Sections as listed. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that various Sections of the Weld County Code be, and hereby are, repealed and re-enacted, as follows. CHAPTER 23 ZONING Amend certain Definitions in Section 23-1-90: 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 'E ,I ;41PAL DWELLING UNIT (excludir g.agcessory'parkfttg of a,$)ngIe ehIdhe} and carried on by the residents thereof and no others. b. Such USE is clearly incidental and secondary to the USE of the dwelling for dwelling purposes and shall not change the character thereof. c. The total area USED ide t e p ; . ftc EC tt`for such purposes does not exceed three hundred (300) square feet. d. There is no advertising or other indication of the HOME OCCUPATION on the 2002-2914 ORD2002-9 LOT or any STRUCTURE or vehicle located on or ADJACENT to the LOT, with the exception that one (1) nameplate shall be allowed which may display the name of the occupant and/or the name of the HOME OCCUPATION where such nameplate does not exceed one (1) square foot in area, shall be nonilluminated and attached flat to the main STRUCTURE or visible through a window. e. There is no exterior storage, display or sales of materials, goods, supplies or equipment related to the operation of such HOME OCCUPATION nor of any highly explosive or combustible materials. f. There is no offensive noise, vibration, smoke, dust, odors, heat, glare or electrical interference or other hazard or nuisance noticeable off the LOT if the occupation is conductcd in a SINGLE FAMILY DWELLING or out3idc the DWELLING UNIT if conducted in other than a SINGLE-FAMILY attached dwelling. g. A home occupation not located within an approved or recorded subdivision plat or LOTS part of amap or plan filed prior to adoption'of any regulations controlling subdivisions may include accessory Parking of a single vehicle which must be primarily associated with a permitted home occupation. One car, truck, delivery van, semi!tractor and/or trailer, dump truck or similar type vehicle may be included. Thiis is not intended to include excavation equipment, cement mixers, heavy equipment or similar types of generally unlicenced 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. Ordinarily, a HOME OCCUPATION shall not be interpreted to include the following: clinic, HOSPITAL, nursing home, animal hospital, HOTEUMOTEL, RESTAURANT, mortuary, vehicle or boat repair (including painting), and organized classes where more than six (6) persons meet together for instruction on a regular basis (does not include classes sponsored by a PUBLIC SCHOOL). MANUFACTURED HOME: A single-family dwelling which: is practically partially;or entirely manufactured in a factory; is not less than twenty-four (24) feet in width and thirty-six (36) feet in length; is installed on an engineered permanent foundation in compliance with ANSI A225.1-1987, Manufactured Home Installations, Appendix C; has brick, wood or cosmetically equivalent exterior siding and a pitched roof; and is certified pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. 5401 et seq., as amended. A MANUFACTURED (MOBILE) HOME shall not be allowed to deteriorate to the condition of a DERELICT MANUFACTURED (MOBILE) HOME. MOBILE HOME: A transportable STRUCTURE which as or1Cjitfally k ill exceeds either eight (8) feet in width or thirty-two (32) feet in length,-is was o!rlgiDallybuilt on a chassis ands was:orignallydesigned, when connected to the required utilitie3, to be used as a year-round DWELLING UNIT with or without a permanent foundation. A SINGLE- FAMILY DWELLING which is certified pursuant to the "National Manufactured Housing Construction and Safety Standards Act of 1974," 42 U.S.C. 5401 et seq., as amended, but does not meet all of the other provisions of the definition of MANUFACTURED HOME is considered to be a MOBILE HOME. A MOBILE HOME or MANUFACTURED HOME shall not beconlirerted tit any.USE other thanra SINGk E FAMILY:DWELLI G and shall not be allowed to deteriorate to the condition of a DERELICT MOBILE HOME. 2002-2914 Page 2 ORD2002-9 A MOBILE HOME or manufactured home, converted or in its original condition, shall not be used as an AGRICULTURALLY EXEMPT BUILDING or as a TEMPORARY STRUCTURE for storage. NONCOMMERCIAL JUNKYARD: An area where any waste, junk or used or secondhand materials are stored or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered last or currently registered under the property owner and/or tenant's name. This definition does not include COMMERCIAL VEHICLES. If the Zone district allows,+the NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT properties and public rights-of-way. STRUCTURE: Anything that is built, constructed or erected, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, but not including poles, lines, cables or distribution facilities of public utilities. Semi-trailers as defined in Section 42-1-102(70),-C.R.S., situated as TEMPORARY or permanent storage units, not safe, not operable or illegal to be used on public road rights-of-way, which are not licensed, shall be considered STRUCTURES in accordance with this definition, shall comply with requirements set forth in this Chapter, including required zoning SETBACKS and OFFSETS, a„J sLaH Lam; �t0ILJ it accordance with the requirements sct forth in Chaptcr 20 of this Codc- Add certain definitions to Section 23-1-90: ANTENNA. (This definition applies only when used in reference to Section 23-4-800.) An exterior transmitting or receiving device used in telecommunications that radiates or captures Commercial Tower signals. Antenna as used in this Section does not include radio ortelevitiort towers or.transmitters. ANTENNA,ATTACHED. (This definitiion applies only when used in reference to Section 23-4-800.) An antenna mounted=on an existing building,silo;smokestack,water tower, utility or power pole or a suppoit°structure other than an antenna tower. ANTENNA, CONCEALED (Tats definition applies onlywhen use€#in reference to Section 23-4-$00.) An ar tenna with a support structure that screens or camouflages the presence of antennas and/or.towers from public view in a manner appropriate to the sites context and surrounding environment. Examplessof Concealed antennas include man-made trees, clock:towers,flag poles, light structures;steeples and similar objects. ANTENNA SETBACK.(This definition applies only when used in reference to Section 23.4-800) The distance betreen a property line anti the footprint of the antenna structure, including antennas'reflectors, dishes and'other appurtenances. ANTENNA TOWER A freestanding structure including monopole, guyed and lattice towers, designed acrd constructed`primarily 16;tupport antennas'and transmitting and receiving equipment. ANTENNA TOWER HlEI tRaj,(`t"hisdefitnition am* , ,only when used iii referehce to Section 23-4.800) t the dis rani ftie.f niched grade at`the'antenna=tower base„t 2002-2914 Page 3 ORD2002-9 the highest point of the tower. Overall antenna tower height include§the base pad, mounting structures and panel antennas but excludes lightning rods and whip antennas. CO-LOCATION. (This definition applies only when used in reference to Section 23-4- 800.) Locating wireless communications equipment for more than one Commercial Tower provider!on.a single structure. COMMERCIAL TOWER: Telecommunications services including, but not limited to, cellular telephone, personal communications service`,(PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, wireless Internet access. COMMERCIAL TOWER FACILITY. (This definition applies only when used in reference to Section 23 4'-800.) The equipment, physical Plant and portion of the property and/or building used to provide Commercial Tower services. This includes but is not limited to cables and wires, conduits, pedestals, antennas, towers,concealed structures, electronic devices, equipment buildings and cabinets, landscaping,fencing, screening and parking areas. COMMERCIAL VEHICLE:Any vehicle, other than an automobile, used or previously used to facilitate an activity where goods, products or services are bought, sold or transferred in ownership on a fee, contract or barter basis excluding those uses listed by right and accessory uses in the A(Agricultural) Zone District. A COMMERCIAL VEHICLE, shall include, but is not limited to,semi trailers, dump trucks, construction equipment, railroad cars and cargo containers. A COMMERCIAL VEHICLE shall not be allowed to deteriorate to the condition of a DERELICT VEHICLE'. CONSTRUCTION TRAILER-a MANUFACTURED STRUCTURE ar COMMERCIAL VEHICLE used for an other than a TEMPORARY time period for office use or the storage of construction related plaits, supplies, equipment and. related items to be accessed exclusively by Construction Personnel.' CONSTRUCTION TRAILERS 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 23 of this.Code and admire to the zoning;permit requirements of Section 234_1.90 of the Wield'County Code Alt CONSTRUCTION TRAILERS mall demonstrate that water and sewage disposal facilities are available. SALE 'TRAILER a MANUFAC UREDtSTRUCTURE used foran other than a TEMPORARY time period for the sale or purchase of lots or homes in a sutadiuision/develc tmentftt.be accessed by the generalrpublic SALES TRAILERS shall comply with requirements set forth in this Chapter,including required zoning SETBACKS and OFFSETS, and shall b installed in.4aceardance with'the requirements set forth in Chapter 29 of this Code and adhere'to the zoning permit Irequirementso'f Section 23-4 190 of the Weld County Code. All SALES TRAIT ERS shall demonstrate that water and sewage disposal facilities available Ihe.maxii'num numberr of SALES Tf It ERS islirilted.to'one(1)"per Subdivision/Development. Amend Section 23-2-40.E to read: The Board of County Commissioners shall adopt by resolution, every five (5) years, an updated copy of the Official Weld County Zoning Map which includes the rezonings 2002-2914 Page 4 ORD2002-9 approved since the last update. Amend Section 23-2-50. Application requirements for Change of Zone. D. A rezoning plat shall be submitted as part of the general application. If the applicant elects the option provided in Subsection B.3 above, the rezoning plat will not be required until the certified boundary survey has been made. This map shall be drawn to the following specifications: 1. The map shall be delineated in drawing ink on Mylar or other material acceptable to the Department of Planning Services. 2. The dimensions of the map shall be eight and one half (0Y<) undies-wiJ.. by fourteen (14) inches high twenty-four(24) inches highiby thirty-six (36) rrcttes wide. Amend Sections 23-2-220.D.1 and 23-3-230.D.1 to read: Microwave, COMMERCIAL radio, television or other communication transmission or relay towers over seventy (70)feet in height (measured from ground level). Commercial towers subject tithe provisions of Section 23-44390. Amend Section 23-2-260.D.4.a to read: The scale of the vicinity map shall be one (1) inch equals six hundred (GOO)two thousand (2,0110)feet or at another suitable scale if approved by the Department of Planning Services. Amend Section 23-3-20. Uses allowed by right. R. Borrow pits used TEMPORARILY anct exclusively for the completion of a PUBLIC road improvement project. In addition, sand,soil and aggregate MINING a regardless of the use ofthe material .which qualifies for asinttle limited impacti'operation'- (a 110 permit)or is exempt from anyy permits"from Abe.. Division of Minerals and Geology, generates no mere than 54040 cubic,yards of material per year for off-site use arse doh not involve crushing,screenin4 or other processing'. An.Improvements Agreement,es detetrriirted by the Weld County Department of Public Works, may be required,prior t€i t ariimencement of operations.€ T. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of ANIMAL UNITS permitted in Section 23-3-50 D below is not exceeded and where the vehicular traffic generated by the boarding activity is less than sixty (60) trips per day to and from the property. U. One (1) microwave, radio, television or other communication transmission or relay tower seventy (70) feet or less in height per LOT. WtiMetOSWYS s€ibjeetitrt ttie.;�prt visions of Sctiort, a4 ;However, while in use, an Otte(1,) amateur(HAM) radio operator's crank-up antenna may be extended to a maximum of one hundred fifty (150) feet in height, provided that its resting or 2002-2914 Page 5 ORD2002-9 "down" position does not exceed seventy (70) feet in height. More than one (1) tower may be permitted as a USE by special reN,ievwr. Amend Section 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 nonconforming by application of this Section may be repaired, replaced or restored in total. A. STRUCTURES for storage of equipment and agricultural products -Converted, partially dismantled, modified, altered or refurbished MOBILE HOMES or MANUFACTURED HOMES shall not be utilized as an AGRICULTURALLY EXEMPT BUILDING or for the storage of equipment or agricultural products. B. BUILDINGS for confinement or protection of LIVESTOCK, within the limitations defined in Section 23-3-50 below. Converted, partiallydistrlantled, modified, altered or refurbished MOBILE HOMES'or MANUFACTURED HOMES shall not be utilized as an AGRICULTURALLY EXEMPT BUILDING or for the storage of equipment oragrtcultural products. C through K- - NO CHANGE Amend Section 23-3-40. Uses by special review. B. Agricultural Service establishments primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including: 1 - 9 - - NO CHANGE 10. Animal training and boarding facilities'� 21001,41.1411116W nr'n neit;' #4,1 , NITS, rirtlttediq` eri,U pit li; exceeded. C through J - - NO CHANGE K. One (1) or more microwave, radio, television or other communication transmission or relay tower over seven (70) feet in height per LOT. ittl.;",t' r''t{it`vlt_lf ff t{ r.4�t�td tl4fs. 3�: §tri I `t`°trot 2rY',! s',a eoo 2002-2914 Page 6 ORD2002-9 L through T - - NO CHANGE U. Semi-trailers as defined in Section 42-1-102 (70), C.R.S. and Cargo Containers, situated as permanent storage units, not safe or not operable or illegal to be used on public road rights-of-way,which are not licensed, shall be considered TEMPORARY Accessory STRUCTURES in accordance 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°Chapter29iof this Code. 1, The property on°which the TEMPORARY Accessory STRUCTURE is to be located must not be a tat in an approved or recorded subdivision plat or lots, parts of a map or plan filed prior to adoption of any regulation controlling subdivisions. 2. The applicant shalt adhere to th zoning permit requirements of Section 23-4,160 of the Weld County Code. 1W. USES similar to the USES listed above as Uses by Special Review as long as the USE complies with the general intent of the A (Agricultural) Zone District. Amend Sections 23-3-210.E, 23-3-220.E, 23-3-240.E, 23-3-310.E, 23-3-320.E, and 23-3-330.E to read: E. Site Plan Review Required. No land, BUILDING or STRUCTURE shall be USED, changed in USE or type of occupancy, DEVELOPED, erected, constructed, reconstructed, moved or structurally altered or operated in the C-1 Zone District until a Site Plan Review has been approved by the Department of Planning Services. It shall be necessary that the applicant in the C-1 Zone District certify and state that the performance standards and district requirements that are applicable to the DEVELOPMENT and USES of property zoned C-1 have been or shall be complied with according to the intent of Article II, Division 3 of this Chapter. This shall be accomplished through the Site Plan Review application process. Uses listed in Subsection D above as Uses by Special Review in the C-1 Zone District shall be exempt from the Site Plan Review process and shall make application for approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. Comere miai towers subject to the;pm'vislons of Section Zaai Delete Sections 23-3-210.D.2, 23-3-240.D.1, 23-3-320.D.3, and 23-3-330.D.2: Microwave, radio, television or other communication towers over forty-five (45)feet in height (measured from ground level). Delete Sections 23-3-220.D.6 and 23-3-310.D.4: More than one (1) microwave, COMMERCIAL radio, television or other communication transmission or relay tower per LOT. 2002-2914 Page 7 ORD2002-9 Amend Sections 23-3-310.C.7 and 23-3-310.D.3 to read: One (1) microwave, COMMERCIAL radio, television or other communication transmission or relay tower seventy (70) feet or less in height per LOT. Commercial towers subject ta the provisions of Section 234-800.. Add Section 23-3-330.D.5: OIL AND GAS SUPPORT AND SERVICE. Correct typographic error- Section 23-3-440. Bulk requirements. H. Maximum number of ANIMAL UNITS: one (1) per acre, not to exceed eight (80) (8) ANIMAL UNITS per LOT. Amend Section 23-4-130. Permit requirements. Opening paragraph and A through I - - NO CHANGE J. The requirements of this Division 3, MOBILE HOMES, 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 subjcct to the application. Line(s)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. K. A petition with at least seventy percent (70%) of surrounding property owners within five hundred (500) feet of the subject property supporting the location of the MODILE I I0ME.Notifiication re nses of at least thirty (30) percent of surrounding property owners within five,hundred (500)'feet of the subject property rn opposition to the location.of the MOBILE HOME. L. Completed Building Permit application for a MOBILE HOME. Amend Section 23-4-140. Mobile Homes permitted in the A Zone District MOBILE HOMES are allowed in the A (Agricultural) Zone District for the following USES upon the issuance of the appropriate zoning or BUILDING permits according to the following requirements. All temporarily-permitted MOBILE HOMES shall be blocked and tied pursuant to the requirements of Chapter 29 of this p9 ,n Upon d ;termination of,the Department of Planing^ ervices, The Zoning Permit shall not be tralnsferra efiby the applicantand/ f°`' osmcessor rt oning Permit shalt terminate 400:1:6404N 110,010*****tan orto s of the property T a l 19011,E HOME shall be removed,from:thepropei or.a`new Zoning.Permit shall be.applied forand approved. 2002-2914 Page 8 ORD2002-9 Amend Section 23-4-160. Temporary storage. A zoning permit for the TEMPORARY storage of a MOBILE HOME, not including the storage of goods inside the UNIT, and semi-trailers as defined in Section 42-1-102(70), C.R.S., and Cargo containers used as 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 42-1-102(70), C.R.S., and Cargo containers used as TEMPORARY accessory STRUCTURES, and must comply with all installation standards of Chapter 29 of this Code applicable to MOBILE HOMES; provided, however, that no utility hookups to the MOBILE HOME of any type, including septic systems, shall be allowed. B. The MOBILE HOME, semi-trailers as defined in Section 42-1-102(70), C.R.S., and Cargo containers used as TEMPORARY accessory STRUCTURES, may not be used on any basis as a DWELLING or as overnight or TEMPORARY housing for any person. C. The applicant must demonstrate that no reasonable alternative exists to the TEMPORARY storage of the MOBILE HOME, semi-trailers as defined in Section 42-1-102(70), C.R.S., and Cargo containers used as 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 TEMPORARY accessory STRUCTURES, may be issued per LEGAL LOT at any one 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 42-1-102(70), C.R.S., and Cargo containers used as 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 42-1-102(70), C.R.S., and Cargo containers used as 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 66 defined in Section 42-1-102(70), C.R.S., and Cargo containers used as TEMPORARY accessory STRUCTURES, at a regularly scheduled meeting of the Board. The Board of County Commissioners shall give notice of the 2002-2914 Page 9 ORD2002-9 application for a zoning permit and the meeting date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first class, not less than ten (10) days before the scheduled meeting. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permit process, even if such error results in the failure of a surrounding property owner to receive such notification. The Department of Planning Services shall post a sign for the applicant on the property in question indicating that a MOBILE HOME has been requested for the property, the meeting date and a telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the meeting date. The Board of County Commissioners shall consider any testimony of surrounding property owners concerning the effects of the MOBILE HOME on surrounding property. The Board of County Commissioners shall also consider whether the application has demonstrated compliance with the requirements of Subsections A through D above, as well as compatibility of the MOBILE HOME with the surrounding area, harmony with the character of the NEIGHBORHOOD, its effects upon the immediate area and the general health, safety and welfare of the inhabitants of the area and the COUNTY. Amend Section 23-4-170. Temporary accessory farm use. A. One (1) MOBILE I IOME may be permitted in the A (Agricultural) Zone District as ACCESSORY f, . USE u„u,ra-Jetcn u ,aliu,rA zoning permit for the TEMPORARY use of one(1) MOBILE HOME for an ACCESSORY farm USE, on a lot in the A(Agricultural)Zone District, in addition to a principle dwelling unit, may be-issued by the Department of Planning Services upon determination that: 1. The MOBILE HOME will be occupied by persons principally employed at or principally engaged in the operation of the USE where the MOBILE HOME is located. ACCESSORY farm USE of the MOBILE HOME shall be established and revalidated on an annual basis as follows: Evidence shall be submitted by the applicant or property owner by the first of each year on!the of SversatYattio ermit's issuance for review and acceptance by the Department of Planning Services verifying that the MOBILE HOME occupant is principally employed at or engaged in the farming operation,on the subject property. The evidence shall consist of tax records 0:414f6:60, employment agreements or other documentation as determined suitable by the Department of Planning Services. Failure to submit the required documentation may result in cessation of the allowance of the MOBILE HOME for TEMPORARY ACCESSORY farm USE. Remainder of Section - NO CHANGE. Amend Section 23-4-190. Temporary accessory use as office A. zt tlid (5a" Ylf'f 5`'#x'44 gip` 4t ne (1) MOBILE HOME INN171.1* 14 2002-2914 Page 10 ORD2002-9 ........................ .................. STRUtTUREin the A (Agricultural) Zone District as an OFFICE USE accessory to the USE allowed by right may be permitted upon a determination by the Department of Planning Services that: 1. The MOBILE HOME or'MANUFACTURED STRUCTURE is necessary for the effective and economic operation of the principal USE. 2. The MOBILE HOME or MANUFACTURED STRUCTURE will not be used for residential purposes. 3. Adequate water and sewage disposal facilities can be made available to the MOBILE HOME or MANIIFACTUReb STRUCTURE. 4. No reasonable alternative is available to the applicant for an OFFICE USE. 5. The MOBILE HOME or MANUFACTURtED STRUCTURE''is not the first MOBILE HOME or MANUFACTURED STRUCTURE on the parcel of land. Where the MOBILE HOME will be the first unit on a parcel of land, the MOBILE HOME request shall follow the application procedures under the provisions of Section 23-4-200 below. 6. The applicant must obtain a BUILDING permit for the MOBILE HOME or MANUFACTURED STRUCTURE and comply with all installation standards of Chapter 29 of this Code. B. The Department of Planning Services shall make its determination on the basis of a signed statement by the applicant that the conditions of Paragraphs A.1 through A.6 above are met, upon information contained in the application, and upon independent evidence as may be available or which the staff may reasonably require. C. A zoning permit for more than one (1) MOBILE HOME orMANFATURED STRUCTURE as an accessory OFFICE unit in the A (Agricultural) Zone District may be issued by the Department of Planning Services upon a determination that the criteria of Paragraphs A.1 through A.5 above and Section 23-4-230 B below are met. If the applicant is not able to meet the criteria stated in Paragraphs A.1 through A.5 above, the zoning permit may be issued only upon the approval by the Board of County Commissioners. The Board shall review the application for compliance with the criteria set out in Paragraphs A.1 through A.5 above 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 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 2002-2914 Page 11 ORD2002-9 owner to receive such notification. The Department of Planning Services shall post a sign for the applicant on the property in question indicating that a MOBILE HOME has been requested for the property, the meeting date and telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the meeting date. The Board of County Commissioners shall consider any testimony of surrounding property owners concerning the effects of the MOBILE HOME on the surrounding properties. In addition, the Board shall consider compatibility of the MOBILE HOME with the surrounding area, harmony with the character of the NEIGHBORHOOD, its effects upon the immediate area, and the general health, safety and welfare of the inhabitants of the area and the COUNTY. D. All MOBILE HOMES orMANUFA IURED STRUCTUREias ACCESSORY OFFICE USE are TEMPORARY. The MOBILE HOME shall be removed from the property upon the cessation of the USE of the MOBILE HOME as an ACCESSORY OFFICE USE. Amend Section 23-4-220. Mobile homes in C or I Zone District. A. A zoning'permit for the USE of oOne (1) MOBILE HOME may be permitted as an ACCESSORY USE to the principal USE in certain C (Commercial) or I (Industrial) Zone Districts upon a determination by the Department of Planning Services that: Remainder of Section - NO CHANGE. Amend Section 23-4-230. Delegation of authority. The Board of County Commissioners delegates the authority to issue a zoning permit for a MOBILE HOME 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 applicant has submitted a petition containing the signatures of at least seventy percent (70%) of the people owning property within five hundred (500) feet of the property on which the MOBILE I IOME is proposed to be located. The petition shall indicate that the surrounding property owners who have signed the petition have no objections to the issuance of a zoning permit for the MOBILE I IOMC The Departmentdf Planning Services`,has sentinotice and received signed notification c f at least thirty percent(30%)of surrounding property owners within five hundred (fir)feet of the subr propert rtntopposition to the location of the MOBILE H Iw1E. The petition shell indicate t*the surrounding property owners*who have signed the notification i ave object►ons•toFthe issuanceEof.a zoning permit for the MOBILE HOME" Anynotice not received within twenty one (21) days shalt tie deemed a po".it ve responsetof sai 'i('agtieeest. fl C. If the applicant is unable to obtain a petition in favor of the issuance of a zoning 2002-2914 Page 12 ORD2002-9 if7r. rIt for a MOBILE I TOME with at least Seventy Ncit ei tf70 Ya}� f H c- cuplc 0yii�turc3 owning property within five hundred (509)-L EuHl ,�N�,ly� r which the MOBILE HOME is proposed to be located, the Board of County Commissioners shall consider the zoning permit for the MOBILE I IOME in a public hearing in accordance with the provisions of this Chapter If the Department.of Planning'Services has sent notice 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 MOBILE HOME.The petition shall indicate that the surrounding;property;owners who have signe€f the notification have objections to the Issuance of a zoning permit for the MOBILE HOME Any notice not received within twenty one(21) days shah be deemed a'positive response of':said request Add Article IV, Division 9, Commercial Towers. Sec 23 4800 Commercial Towers The purpose of this Section is to accommodate the increasing wireless-communication needs of County residents, busineesses and visitors while protecting the public health. safety, general welfare and visual environment of the County by: A. Enhancing the ability to provide wireless services to County residents, businesses and visitors B Simplifying and.sh©rtening the process for obtaining necessary permits for Commercial Towerifacilities, While protecting;the legitimate interests of County residents. c Protecting the Countys environmental resources and visual'environment from the potentially adverse visual effects of'Commereial Towe€facility development through carefultdesideiet .siting.standards.; #}. i educing the number of towers needed to serve the County by reouinng facilities to,be placed on ekisting structures wherever possible rod requiring ca-location cif Commercial Towet tprovideis"on existing arid:newtowers E trtrf erformar ce st Bards and incentives;to promote location cif Corrirrtercial Towerfacilitieson concealed structures.andexisting buildings and towers. Sec 810 Prefer'r'ed Lori tmercial Tower Facilities. of p et r lf r n permanent Comore ci lfacilities is(frommost- preferred'to:ieastprsfertedand cased on_t•conomicandteeitril lfeaslbHrttr): A. cation t 1Commercial Tower or bro et s ntenq towers Ilk Attached t "`n 2002-2914 Page 13 ORD2002-9 C. Concealed{Stealth)antennas. D. Antenna:towers. New Commercial Tower facilities must use the most-preferred facility type where economically and technically feasible A lesser-preferred facility type is allowed only if the applicant presents substantial evidence to showiit will have a lesser visual impact than the use of more preferred facilities and that the applicants desired geographic area cannot be served by using more-preferred facilities. Sec.'`234-820. General Requirements, A. Facilities on Residential Properties.; Commercial facilities may not be placed on properties or buildings used primarily for residential purposes. This does not apply to buildings Containing 8 or more dwelling units or larrhS and ranches containing dwelling units. B. Commercial Tower facilities are allowed as a use by right or accessory use on a property as follows: 1. Attached and Concealed (Stealth)Antennas are permitted by administrative review in all zone districts. 2. Antenna Towers are not allowed in the following zone districts: R-1, R-2, R-3,R-4,R-5, E, PUD With Residential uses. 3. Antenna Towers are permitted by Special Use Review in the following zone districts: C, I,,A, PUD with Commercial or Industrial uses. C. Accessory uses to a commercial tower shall-not-include offices,broadcast studios, long-term vehicle storage or o#her outdoor storage, or other uses not needed to.send; receive,'or relay transmissions D. Radial pacing. ntenna towers over 7€k teet high:must be located at least 1,000 feet from other antenna towers over 7U feet high that ore capable of supporting Commercial Tower facilities; Closer sS.6.410-D,P.Seeiti.toMarilM'aVtiiirantaci through the especial Use review process. This radial spacing requirement does not apply to;facilities located.at designated antenna farms E In addition to'meetin4 the Special Use Review standards set forth in Article il, Pi*OliSatthe Weld County Code,the:apt licant shall submit:documentetion addressing tree following standards tExisting r approv f toiars cannot*ccommodate the 146Smunications equipmentE planned for1he proposed tower. The.tower shall noti constitute ai h - t61•airci the towerjshall Its played on tproperty to contain on-site all ice tall=.sr d risfrom t, er failure. 2002-2914 Page 14 ORD2002-9 4. The proposed for t`:Shall provide for'shared capacity, if technically Practicable. 5. The tower shall have the least practicable adverse visual impact on the environment. 6. The proposed tower shall not emit radiation that wlll.adv rse r`affect human health., 7. The proposed tower shall be the minimum height needed to accommodate the antenna. 8. The proposed tower shall com ply with all applicable federal and state regulations. 9. The design of the proposed tower shall insure structural integrity. '1£}: The proposed tower shall haveadequate measures to discourage unauthorized climbing and to insure the security thereof. it. All reasonably possible sites for the tower have been considered, and the proposed site is the most appropriate, available site from;a land use perspective. t The proposed toweephall not adversely impact a l fe.` Sec 23-4-830. Performance Standards. A. Antenna Tower and 'Equipment Setbacks. 1. Attached Antennas. Attached antennas and other appurtenances may encroach up to 2 feet into the minimum building setbacks in the underlying zoning district but must not extend over property lines. 2. Concealed (Stealth) Antennas. Minimum setbacks for concealed antennas are the same as the minimum building setbacks in the underlying zoning district. 3. Antenna Towers, Other Than Concealed Antennas. Minimum setbacks for antenna towers, other than concealed antennas, are as follows: a. From property lines of properties in the C and I zones: 30% of tower height but not less than minimum building setbacks in the underlying zoning district. t�.rcnmoY p ui�, b. Fra"m property"lines roperties in the E, R, P11115, A 100% of tower height but not less than minimum building setbacks in the underlying zoning district. 4. Guy Wires and Equipment Buildings and Cabinets. Minimum setbacks 2002-2914 Page 15 ORD2002-9 for guy wires and equipment buildings and cabinets are The'same'as minimum building setbacks in the underlying zoning district. B. Equipment design_ 1 Attachedf antennas on a.roaf may exthd up'to'15 feet over the height of the building or structure ti m anay exceed the underlying zoning district heightlimitation, Attached antennas mounted on a building or structure wall must be as flush to the wall as technically passible and must not project above the top of the wall Attached antennas must be located, painted and/orscreened td tie architecturally and visually compatible with the building it is.attached to 2. Antenna Powers st ould be painted or'coated in non offensive colors that blend,to,the extertt possible, withithe surrounding building and natural environment unless state or federal regulations require specific colors'. 3. Antenna towers must not be artificially lighted unless required by the FAA or other state or federal agency. If safety lighting is required, the use of red beacons is preferred to flashing strobe lights. Security lighting on the site may be mounted up to 20 feet high and must be directed toward the ground to reduce light pollution,prevent offsite"ight spillage and avoid illuminating the tower. 4. Equipment buildings must be corpatible with the architectural style of the surrounding building environment with consideration given to exterior materials roof farm, scale, mass, color,texture and character. Equipment buildings,'must.be constructed with:materials that are equal to or better than the materiathe; ls of nnc al nip use.Equipment cabinets must be located, painted and/or screened,to be architecturally and visually compatible with the surrounding building anti natural environment. A Building Envelope.(BE) must lee designated for all equipment buildings and shall be indicated on the plat, Written documentation shall.be , provided to the Department of planning"Services justifying the area and location of the,BE. 5 The°imaximum permissible nql "fever Mail adhere to the maximui permissible nom levels allowed in the underlying Zone district as delineated in Colorado Revised Statutes(CRS)25 12 '102,es provided by the eld'Count Department,of Public Health and Environment. .. Equipme tt must swot generate norsenthat can be heard beyond the site However, ttrls does not apply tti tine"latprs used in emergencyrt tticsns where therettilar wersupply,�fora'tfacilityistemporarilyinterrupted It asst*does n tel l i is err co ti tiers ar Heise made during tr�laainte ce andupkeepithe,faS ii an site; i .t arm iirgi oryar tte�. syfl ign ° d �N ing�a� ro `l te°to t contextof'the site r t� ty l DA W)1,61.";r haracter`.o f the'surroundinrg environment is:regtuired 4?hen of pai'tof 2002-2914 Page 16 ORD2002-9 the facility is visible from public rightskof wayor adjacent'properties. 'Natural materials must normally be used for screening and fencing; however, wire fencing is permitted when the fencing can not be seen from the public rights-of- way or adjacent properties. If a facility fronts on a public street, street trees must be planted along the roadway to provide additional screening, R Existing vegetation and grades on the site should be improved orit.i.eserved to the extent possible. Signage at the site is limited to non-illuminated warning and equipment identification signs. This does not apply to concealed antennas incorporated,;into freestafl ing signs. D. Commercial Tower facilities, except those in the C and I zones, must not include manned offices, long-term vehicle storage or other outdoor storage, or other uses not needed to send, receive or relay transmissions. Sec 23-4-850. Co- ocation'on Antenna Towers. A. Commercial Tower providers must not exclude other providers from co-locating On the same tower when co-location is structurally, technically or otherwise possible. B In addition to equipment proposed for the applicants use, proposed antenna towers (excepting concealed antennas) and sites must be designed to accommodate co-location of additional Commercial Tower providers. C. The Planning Commission and/or Board of County Commissioners may eliminate the required co-location if an antenna tower necessary to provide`'ipr such sharing dominates and adversely alters the areas visual character:.. D. The Board of County Commissioners may revoke a tower building permit or other administrative approvals if conditions for approval of an antenna tower include co-location but: 1. The tower owner is not willing to provide space for other carriers at a fair market rate when it would pot impair.,the structural integrity of the tower or cause interference. 2. The tower owner modifiesthe structure in a way to make co-location impractical or imposs bJ . 3 If approvalris,revoked, the faciiityr must,be at the owners expense. .. Addition ofequipment for Co-location of subsequent Commercial Tower providers on existing antenna towers and sites does not require the Special Use Review process if the towerheight remains unchanged.Addition of equipment for co-location of subsequ Commercial Tower providers on existing legal, non-conforming antenna torsis not considered a non-conforming use 2002-2914 Page 17 ORD2002-9 expansion and is exempt from Article VII of the Weld County Code if the tower height remains unchanged. Sec: 3-4 860. Abandonment.' if fhe Use by Special Review has'not commenced within three (3)years from the date of approval or is discontinued fora period of three (3}consecutive years,:it shall be presumed inactive or abandoned. The COUNTY shall initiate an administrative.hearing to consider whether to grant an extension of time to commence the use or revoke the use tf the usei'is revoked, it shall be necessary to follow the procedures and requirements of this Section in order to reestablish any subsequent Ilse by Right or Use by Special Review, Upon the determination that the!:use has been abandoned,the facility owner has 90 days to re-use the facility or transfer thefacility to another owner who will re-use it. Evidence of such shall be provided, in writing, to the Department of Planning Services.`, A. Removal of abandoned Commercial.Towers shall be addressed in all lease agreement and shall specifically address the duties and obligations of the leassee,their assigns as well as the property owner regarding the removal of Commercial Towers deemed by Weld County to be abandoned. B The applicant or owner shall submit a improvements agreement agreeing to remove the improvements as shown in the application, plans, plat and other supporting documents The agreement shall •be made in conformance with the County policy on collateral for improvements The agreement shall be approved by the Board of County Commissioners prior to commencement of operations, as applicable. Sec -4.870. Applicat on A application Contents In addition torequirements outlined tn.Article 11, Division 3 5 of the Weld C" _94plt Code, pplications for administrative-or Special Use Reviewapproval of proposed Commercial Towerfacilities,i andadditions or modifications toexistigsfa nclities,:must include the following; t A ate Flan sltttwing the l tion and legal desseription�of the'site;on-site land uses and on ng;adtat n 'to dways; paltti»p and;access;areas.of vegetation anti landscaping to be added, retained replaced or removed; setbacks from property lln anti the location of the:facility,including'all related ill provemeittk buil d .ngs and.equipment vicrnity`map showing ad acentproperties, general`land uses,zoning OFIArolailWaStAi d attache `antenna site. ',won ( 1 S 7. i „R it t Iti1 b' fNlii a y t fi l off' �� , , d antel"" temporary 'term to er 0:0010:i ,i nt �..., ,....a 7 .... m.ti'c'I �. now, ors)el t p Ott ► ....Q . . h ,ffi � adt a.lfal3s.. nrtlarforit+ersw 2002-2914 Page 18 ORD2002-9 3; Elevation drawings of the proposed:facility showing all antennas, towers, structures, equipment buildings and,cabinets, fencing, screening, landscaping, lighting and other improvements related to the facility, showing specific materials, placement and colors. Photo-realistic renderings (photosyms) of the site after construction; demonstrating the true impact of the facility on the surrounding visual environment. The Department of Planning Services may request photo- realistic renderings of the site from specific vantage points. This requirement does not apply to facilities permitted under the administrative review process unless.the Department of Planning Servicesreq:uests such information. 5 A:report describing the facility and the technical, economic(if deemed necessary by the Department of Planning Services) and other reasons for its design and location;the need for the facility and its role in the network; and;:the:capacity of the structure, including the number and type of antennas it can accommodate 6 ' The:FAA response:to the Notice of Proposed Construction or Alteration (FAA Form 7460-1'or equivalent), if the facility is located near an airport ©r a flight path. 7: An agreement detailing responsibility for landscaping, screening, site maintenance and the replacement:of dead:plant material. 8. A schedule for the installation'of`landscaping'ard`screening., if applicable. 9i A letter of intent to allow co-location on the antenna tower. V..; A letter of intent or lease agreement statement which addresses removal of the facility at the expense of the facility and/or property owner if it is deemed abandoned. The applicant or owner may also be required to submit a improvements agreement agreeing to remove the improvements as shown in the application, plans, plat and other supporting documents:.: The agreement shall be made in conformance with the County policy regarding collateral for improvements and shall be approved by the Board of County Commissioners prior to commencement of operations, as applicable. The Department of Planning Services may request additional copies of any submittal item for review by other agencies. 11. A map indicating the service area/radius=of the proposed Commercial Tower in addition to the service area/radius of other existing Commercial Towers within ten (10) miles of the proposed Commercial Tower location. B. Facility Inventory. The first application for a proposed Commercial Tower facility by a provider must include a detailed inventory of all the providers existing and approved facilities within Weld County, all incorporated areas within the County, and one mile beyond the County border, including Wyoming. 2002-2914 Page 19 ORD2002-9 Sec 23-4 880 Application'Review A• Administrative l eview. Applications for proposed Commercial Tower facilities requiring administrative review must comply with site plan review procedures as outlined in Section 23- -160 of the Weld County Code.The Department of Planning Services will make a decision to approve or deny the request. If a third-party technical study is required, a decision to approve or deny ar application must be postponed until the study is complete. Any decision to deny a request to place,construct or modify facilities must be in writing and include specific reasons for the action. If the request is denied the application will be required to be heard as a Special Use Review at a public hearing. The applicant is required to pay the appropriate fee and submit the appropriate application for a Special Use Review prior to scheduling the public.hearing. The fee for administrative review of a proposed Commercial Tower facility will be collected when the application is submitted. B. Technical Issues and Expert Review. Commercial Tower facilities may involve complex technical issues that require review and input that is beyond the expertise of County staff The Department of Planning Services may require the applicant to pay reasonable costs of a third-party technical study of a proposed Commercial Tower facility. Selection of expert(s)to review the proposal will be at the sole discretion of Weld County. C. Building Permit(s). Administrative and Special Use Review approval of Commercial Tower facilities are separate from the building permit review process. Building permits for the construction of Commercial Tower facilities can not be issued until thefacility is approved through the administrative, Planning Commission or Spectal•Use Review process. Sec,;j w4-890. !'Information Request. A system information A Commercial Tower provider will meet with the Department ofPlanning Services`to furnish informatioon about the proposed system design. B Information Sharing. The;Planning"Department May share Information with'other interested parties seeking to locate:Commercial Towerifacilities in Weld County in an effort to promote co-location and co-d•evelopment,of facilities. CHAPTER 24 SUBDIVISIONS Delete certain definition in Section 24-1-40. Nonurban scale development Developments comprised of five (5) or less residential lots which are located in a nonurban area as defined in Chapter 22 of this Code and are not adjacent to other r UDs, subdivisions, municipal boundaries or urLairyrvv.Nr corridors. Nonurban scale development on public water and septic systems shall have a 2002-2914 Page 20 ORD2002-9 minimum lot size of one (1) acre and an overall 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. Add certain definition in Section 24-1-40. Obsolete Subdivision: Any approved or recorded subdivision plat, map, plan or incorporated community legally filed or created prior to the adoption of any regulations controlling subdivisions and/or lacking survey information of sufficient detail to determine precise lot location, size, configuration or other necessary information. Correct typographic error- Section 24-5-10. Purpose. The resubdivision process is used to propose changes to an approved or recorded subdivision plat, map, plan or unincorporated community legally filed prior to adoption of any regulations controlling subdivisions. The resubdivision section describes three-(2) (3) procedures for proposing changes to lots, lot lines, streets, areas reserved for public use and utility and drainage easements. The minor resubdivision process is described in Section 24-5-20. The resubdivision process for changes to lot lines only is described in Section 24-5-30. The resubdivision process for the purpose of redesign, addition of new lots or vacation of all or a portion of a subdivision is described in Section 24-5-40. Amend Article V. Resubdivision, as follows: Sec. 24-5-10. Purpose. The resubdivision process is used to propose changes to an approved or recorded subdivision plat, map, plan or unincorporated community legally filed prior to adoption of any regulations controlling subdivisions. The resubdivision section describes three-(2) (3)procedures for proposing changes to lots, lot lines, streets, areas reserved for public use and utility _pr and drainage easements. The-minor resubdivisioneeess far vacation of rightof=Way is described in Section 24-5-20. The resubdivision process for changes to lot lines only is described in Section 24-5-30. The resubdivision process for the purpose of redesign, addition of new lots or vacation of all or a portion of a subdivision is described in Section 24-5-40. Sec. 24-5-20. Miner-rE esubdivision etNicatteitetS if it y. The minor resubdivision-preeessf tVr Gat(b'Ft artati f, " ;permits the yacation of certain roads, streets or alleys. A minor resubdivision fid aqatlQ of rgttt..df.Way proposal with complex parcel configurations or ownership patterns or which cannot comply with Subsections A through C herein shall be required to use the resubdivision procedure described in Section 24-5-40. The minor resubdivisionypreeess ft tvaeMptti 1: otxtg lt-ta ;arak`shalI be used when the following conditions apply: A. There is right-of-way shown on an approved plat or map that has not been used for its intended purpose for the last twenty-one (21) years or since the recording of the approved plat. B. Seventy percent (70%) of the landowners adjacent to the proposed right-of-way 2002-2914 Page 21 ORD2002-9 vacation waive any objection to the vacation by signing a petition. C. The vacation shall only be permitted when it is compatible with the surrounding area and uses, is consistent with efficient and orderly development, is consistent with Chapter 22 of this Code and does not deprive any parcel of adequate access to a public road or street right-of-way. D. The vacation of any right-of-way may require the reservation of an easement for public utility or drainage purposes in order to meet the easement requirements of Section 24-7-60. E. The following information shall be submitted as part of the-miner resubdivision fcjr Vad t€on t f nits ttfw4 y',application: 1. An application form provided by the Planner DepOrtmentot Planning Servtbes. 2. A certified list of the names, addresses and the corresponding parcel identification numbers assigned by the County Assessor to the owners of property adjacent to the road, street or alley considered for vacation. The list shall be compiled from the records of the County Assessor, title company or an attorney. If the list was assembled from the records of the County Assessor, tThe applicant shall certify the list was assembled within thirty (30) days of the application submission date. 3. A petition signed by seventy percent (70%) of the property owners adjacent to the property under consideration. 4. A written explanation of the application and reason for proposing the right-of-way vacation. 5. A written statement explaining all lots and parcels adjacent to the proposed right-of-way vacation meet the utility easement standards of Section 24-7-60 of this Chapter. 6. Minor rResubdivision for*Otott 117 ;I w y map requirements. a. The dimensions of the-miner resubdivision ; eectroeaaf rig shall be twenty-four (24) inches by thirty-six (36) inches or eighteen (18) inches by twenty-four (24) inches. b. Ert(�b5MM .ePPrittett ti ;Depatitttt ( latrnrng Serv#t e staff 4Fhe minor resubdivision map shall be drawn at a suitable scale Grf£ (1)thbh'equal&son 1i Wred(:t )feet, ter and t'1' in ottots two-tiepl Gbet. The sketch shall include the proposed right-of-way vacation, the resulting lot configuration, the location and measurements of all utility easements and drainage features. A poorly drawn or illegible sketch is sufficient cause for its rejection. 2002-2914 Page 22 ORD2002-9 F. Minor resubdivision for the vacation of right-of-way review procedure. 1. Upon receipt of a complete minor resubdivision application, the Planner Department of Planning Services will schedule the request before the Board of County Commissioners within thirty (30) sixty (60) days. In the event a utility easement is affected, the Planner Department of Planning Servcies shall schedule the request on the first available Utilities Coordinating Advisory Committee meeting before presenting the request to the Board. 2. The Planner Department of Planning Services shall give notice of the application for a minor resubdivision for vacation of right-of-way and the meeting date to those persons listed in the application as owners of property adjacent to the vacation property under consideration. The notice shall be mailed, first class, not less than ten (10) days before the scheduled meeting. 3. A recommendation for the application shall be prepared by the Planner Department of Planning Services. The recommendation shall address all aspects of the application, including its conformance to Subsections A through D above. 4. The Board of County Commissioners shall hold a public hearing to consider all aspects of the application, including its conformance to Subsections A through D above, and the recommendation from the Planner Department of Planning Services. if the Board approves the request, a A copy of the application and sketch shall be kept on file with the Clerk to the Board. if the Board of County Commissioners approves the request, tThe Board's resolution and minor resubdivision map shall be recorded in the office of the County Clerk and Recorder. Sec. 24-5-30. Resubdivision for cChanges to lot lines. A. This process is not to be used for lot line changes that create additional lots, affect existing road right-of-way or affect approved subdivision drainage easements. B. The following information shall be submitted as part of the resubdivision_preeess for lot lines only for changes to lot lines: 1. An application form provided by the Planner Department of Planning SeryiceS. 2. A copy of a deed or legal instrument identifying the applicant's interest in the property under consideration. If an authorized agent signs the application for the fee owner, a letter granting power of attorney to the agent from the property owner shall be provided.Copies of all deeds or legal instruments identifying all fee owners of property under consideration. If an authorized agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is 2002-2914 Page 23 ORD2002-9 the fee'owner; notarized;evidenpe must be included showing the signatory;has the legal authority to sign for the corporation. 3. A letter explaining the lot line revision request and how the revision complies with the approved final plat. The letter shall also address how the lot line revision complies with the adopted rules, regulations and ordinances currently in force and affecting the subdivision. 4. A copy of the approved recorded plat showing the property under consideration for the resubdivision. 5. A resubdivision plat map. The resubdivision plat map shall be prepared in accordance with Sections 24-4-40 D.6 through D.41.9 of this Chapter, except it shall show only the property under consideration for the resubdivision. If a utility easement is affected by a lot line revision, the easement shall be shown on the resubdivision plat map in accordance with seetim:Watia.otthis Chapter. C. Review procedures for resubdivisions, lot lines only a resubdivision for changes to lot lines. 1. Upon receipt of a complete resubdivision application, the rim,re. Departmentof Planning Services will schedule the request before the Board within thirty (30) sixty (6O) days. 2. In the event a utility easement is affected, the-Plann,e. Dep-attment of Planning;Services shall schedule the resubdivision request on the first available Utilities Coordinating Advisory Committee meeting before presenting the request to the Board of County Commissioners. 3. The Planncr Department of anning)Services shall prepare a recommendation for use by the Boardrot CountyCornmissioners. The recommendation shall address the following: a. I low the lot line revision complies with the approved recorded final plat; and b. I low the application complies with the adopted rules, regulations and ordinances currently in force and affecting the subdivision. all aspects ofthe appli tion, including haws the lot line revision complies iith tieapproved recorded final plat, and how'the applicationr"complies with tin ead opted rui ,regulations and ordinances cu ly in ft*dipanrd affecting the subdivision. 4. The Board shall review the request and the staff recommendation and make a decision on the resubdivision. In making a decision, the Board shall consider if the resubdivision request complies with the approved final plat and if it complies to the adopted rules, regulations and resolutions currently in force and affecting the subdivision. If the Board determines the request complies with the applicable requirements, it shall 2002-2914 Page 24 ORD2002-9 endorse the resubdivision plat as provided in Section 24-4-40 C of this Chapter.The Board of County Commissioners shall hold a public hearing to consider all aspects of the application, including how the lot line revision complies with the approved recorded final plat, how the application complies Wait the adopted;rules, regulations and ordinances currently in force and affecting the subdivision and the recommendation from the Department of Planning Services. If the Board of County Commissioners approves the request;the Board's resolution and resubdivision map,shall be recorded in the office of The County Clerk and Recorder: Sec. 24-5-40. Resubdivision fonr•Redesign, addition or vacation. A. A-This'resubdivision process it used for the purpose of redesign, addition of new lots or vacation of all or portions of a subdivision shall follow the submittal requirements provided in Article IV. The Planner shall also refer the application to approprbtc rcfcrral agcncic3 and notify the Clerk to the Board to schedule a 8ua t. I,cati, I,wit IIIu.r l ty (GO) Juysufter the complete application has been submittcd. The rc0ubdivi3ion utility map and plat 3ha11 show only the property under consideration for the resubdivision. If an application requirement is not applicable to the proposed resubdivision, it may be waived by the Planner. Submittal requirements. 1 This resubdivision process require all information listed in Section 24-4- 40.D. The resubdivision:utility map and plat shall show only the property under consideration for the resubdivision,' it an application requirement is not applrcableto the proposed resubdivision, it may be waived by the Department of PlanningServices. B72 In addition to the requirements of Article IV coon 24-40.D, the following application information shall be submitted: I74:1 A resubdivision application form provided by the riannerbilaiiiiiiithf#1einindliSSices. This rcplaccs the final plaFappLatb,riunir 2 Y A letter explaining the resubdivision request. The letter shall explain how the proposed resubdivision complies with the approved final plat. The letter shall also explain how the resubdivision complies with the adopted rules, regulations and ordinances currently in force and affecting the subdivision. 3-p A copy of the recorded final plat. 4 q All public easements or rights-of-way proposed to be vacated shall be identified and shown in hatch line form, on the resubdivision plat to be recorded. A legal description shall also be provided for any public easement or right-of-way not parallel to a lot line. 2002-2914 Page 25 ORD2002-9 3. Drainage easements or rights-of-way designed to accept drainage shall not be changed unless supported by a drainage Plan and complete engineering data for the affected subdivision. C Review.procedure. 1. Upon receipt of a complete resubdivision application,the Department of Planning Services will schedule the request before the Board within sixty (60)days. Eli A resubdivision application shall be processed and reviewed by the Manner Department of Planning Services and Board of County Commissioners in accordance with Sections 24-4-40.E and r of this Chapter. 3, In the event a'utility,'easementis affected, the Department of Planning Services shall schedule the resubdivision request on the first available Utilities Coordinating Advisory Committee meeting before presenting the request to the Board of County Commissioners. D. No lot or parcel shall be created that is less than the minimum lot size standards set forth in Section 24-7-50 of this Chapter. C. Drainagc easements or rights of way designed to accept drainage shall not be changed unless supported by a drainage plan and complete engineering data for the affected subdivision. Sec. 24-5-50. Correction plat. The Board of County Commissionerslmay, without a hearing or compliance with any of the submission, referral or review requirements of this Chapter, approve a correction plat if the sole purpose of such correction plat is to correct one (1) or more technical errors in an approved plat. The correction plat shall be consistent with the approved resubdivision plat. Add Section 24-6-60. Location/Site improvements certificate. A Location or Site Improvements Certificate (including adjacent rights-of-way) certified by a registered Colorado surveyor may be required in conjunction with Building Permit applications for a lot in an obsolete subdivision or a lot lacking survey information of sufficient detail to determine precise lot location, size, configuration or other necessary information as required by the Department of Planning Services. Replace Article VIII (Exemptions) as follows. Section 24-8-10.- Exemption from definition. A. The Board hereby dctcrminc3 that land divisions which meet the requirements for exemption in this Article are not within the purposes of Article 28 of Title 30, C.R.S. Pursuant to subsection 30-28-101(10)(d), C.R.S., such land divisions are 2002-2914 Page 26 ORD2002-9 the complete regulations, requirements and procedures set forth i. this Chapter. • unles0 the f tanner fii.dh the applicant has not met one (1) or morc of the • • • exemption request. • • cxi-'ting impr.,vcment fro,.. agricultural land, and cn..oting a lot in a co,nmcrciaf • Sec. 24-8-30. Subm;ttal requirements. [Ya,...ing Services as part of thc recorded exemption application: property-under eonsiderationT supply of sufficient quality, quantity and dependability will b., awAilablc to acrve per.nit are examples of evidence for domestic use. The water supply statement if applicable. C. A staten.cnt explaining that thc propoa..d lot3 will have adcquat., mcan3 for the F. A description of h.,w the property is being used. When the parcel is located in typ suH; est I a au y xiati,.y...p.�ua...�.rt 2002-2914 Page 27 ORD2002-9 residence, labor home, mobile home, manufactured home, barn, outbuildings, irrigation ditches and oil well production facilities on the property. G. The reason for the proposed recorded exemption with an explanation how each lot will be used. I I. A description of the location, size and present use of the area where the proposed new lot will be created. A statement explaining how the proposal is consistent with Chapter 22 of this Code, any adopted municipal plan and any approved intergovernmental agreement, if applicable. J. A statement explaining how the proposed uses till be compatible with existing sunuor,ding land uses. K. A statement explaining how the proposal is consistent with the intent of the distract it is located within as expressed in Chapter 23 of this Code. L. A statement explaining how the proposal is consistent with the purpose of in Section 24-1-30 of this Chapter. e.,eitMMJ-eAt.iiNleirskttt,ln..a1r,lrctuvtrat-nuitablea,.ale-ora sl.eotvf-,apoi eight and one half(81) inches by eleven (11) inches. The sketch map shall be legible and include the following information: 1. The boundary of the proposed recorded exemption property. 2. The boundaries of all lots created by the proposed recorded exemption. 3. A north arrow. 4. The location of all existing and proposed driveways and accesses il.aovi.ialt.d with tither lot. a. The applicant shall complete a Weld County Access Information Sheet for each access point and each lot of a recorded rages i iptiu,r b. Direct access from a public road shall be limited to one (1) per legal parcel, except where further limited or restricted by zoning or subdivision regulations. c. Where the access is adjacent to a state highway, the Colorado Department of Transportation has jurisdiction over existing or proposed access points. The applicant shall be responsible for obtaining new access from the Colorado Department of Transportation. 5. The name of any existing roads or highways abutting the proposed recorded exemption property. 6. All existing structures on the proposed recorded exemption property. This includes principal and labor homes, mobile homes, manufactured homes, outbuildings, pens, irrigation ditches and oil well production facilities. 7. All easements or rights-of-way located on the proposed recorded exemption property. 8. All unique physical characteristics of the proposed recorded exemption property including, but not limited to, substantial groves of vegetation, severe topographical conditions, substantial irrigation canals and water bodies. New residential driveways to an arterial will be provided only when no other option is available. The property owner must provide a turn-around on-site to prevent backing onto the road. 9. Building envelopes shall be designated, if the applicant intends to designate a building envelope as a means of establishing compliance 2002-2914 Page 28 ORD2002-9 with the provisions of this Codc, including but not limited to, Sct.tion3 24 1 30 A and 2'4-1 30 J. A. The Planner shall be responsible fir processing and approving recorded • • • approved iiitcrgovern,nental agreement. 3. Department of Public Works. 4. Colorado State Engineer, Division of Water Resources. under consi&ration. B. The Planner shall pr pare a staff recommendation within forty five (45) days of receipt of-a complete application. The Planner's recd,,,mendation shall consider intergovernmental agreement if the recorded exemption application is h/l.aletivyiti ui t- pet.Zat. iI it0i-u Li dal al a. 2 Cu , vaGL�lilq visit-1.xi.5{ii�y-,untlundn'Om,Joaw. 3. Consistency with the intcnt of the-zone district the recorded exemption is 4. Con3isten..y with the purpose of efficient and orderly development a... 5. Compliance with the recorded exemption standards set forth in SeL.tion 24-0 30 of this Chapter. C. The approval by tha Department of Planning Services staff may be conditioned or restricted to carry out the intent of Section 24-1-30 of this Chapter including, 2002-2914 Page 29 ORD2002-9 but not limited to, designation of building envelopl,3, creation of conservation A. The Doard shall hold a public hearing to collaidcr the recorded exemption application ha- not met the 0tandard„ of 3ubsel.tions 24 3-40.13.1 through D.G 1. Conformance with the urban grl,wth boundary polici 3 and goala intl,rg.,1vernmental agreement( if the re,,urdcd exemption application-is v;L 111 IVVato v a-spc i1ii J m I+ v tic' ticn 111 lc,lthl ul lUal ral a. 4. Consistency with the purp,,sc of S ction 24-1-30 of this Chapter. 24 8 80 of this Article- %.,art.cla. B. The approval by the Board of County Commissioners may be conditioned or • • 248 70 bek,w. A , UI ll1.ACI I IptIV1 r�.,laF lIalHn. I ..pa,L.• ',ph, Lori., County Clerk and Rec�.rder. The plat shall meet the following requirements. D. The plat shall be delineated in nonfading permanent black ink on a dimensionally stable polycatcr 3hcct such a3 cronar or Mylar or other product of equal quality, 2002-2914 Page 30 ORD2002-9 • such as, but not limited to "sticky-back," adhesive film or kroy latcring tape. The in thickness. • • . .' The Departs ens • • boundary survey shall be required for any irregular shaped lot which dues not • locate the recorded exe,nption lots with respect to adjacent roads and other existing accessas. • of record. Lot B shall also be surveyed, if required by Subsection O above, unle,s it i3 thirty five (35) acr s or greater and the approximate Vflvuy-pt toUi H..ta Ilall-Le-sI IV VVIC • parcel shall be designated Lot C. Lot C shall also be surveyed, if J. All work shall comply with the requirements of Se.,tions 38-50-101, 38-51 101, 38-51-102, 30-53 103 and 38-53 104, C.R.S. 2002-2914 Page 31 ORD2002-9 • Surveyors Board Policy Statements." • • proposed lots. The sar service shall comply with the requirement- of the applicable zone drtrict and the Department of Public Health and Environment. D. The proposed recorded exemptions will coinply with Chapter 23, Article V of this Cede • • ownership, except in tht. A (Agr;cultural) Zone District. In the.A (Agricultural) • ownership equal to no less than twice the minimum lot size (one hundred sixty I I. The proposed recorded exemption i3 not part of a recorded exemption approved within the last ten (10) years. This provision shall not apply in any Commercial or industrial Zone District. The proposed recorded exemptn,n is not part of an approved subdivision or J. The proposed recorded exca..ption does not evade the statement of purpose as roads- re-pic,e... .rt -,u;IJ;ny-enveh,pe a, alt ,t,atuekicaUe,rft,, &tat& y 2002-2914 Page 32 ORD2002-9 • • • hundred twenty (120) acre—in 3iZe. C. The three-lot recorded exemption process is described in Sections 24 8 30 through 24-8 80 of this Chapter. S-c. 24 8-100. Recorded exempton correction. iim;ted t.,, correcting scrivener errors on the plat and correcting survey error3. • cxcmptio, correcting acrivc.ncr errors on the plat and correcting survey errors. defined in Section 24 8-00 of this Chapter shall be processed as a new recorded 4JJ A V. C.. ( *val rtl l.. al I...knr1yHl rt. I(oH..m II ry-iI IJl.ZA1 FCGJ. • 12,7 D. Where prev;ous appr.,val of a rccordcd cxcmption included m.,rc than the defined in Section 24 8-100 A of this Chapter shall bc-prpcessed as a new or amended recorded exemptio,I, if eligible. The date for alculating compliance with the timing 2002-2914 Page 33 ORD2002-9 Sec. 24 8 130. Subdivision exemption. A. Intent. The subdivision exemption is intended for the division of a parcel of interest in a parcel which does not result in the creation of a new residential or permanent building site, for adjustment of property lines between two (2) eontiguous parcels, creation of lots for the purpose of financing or for the temporary use of a parcel for public utility facilities. B. The Board delegates the authority and responsibility of considering and approving subdivision exemptions with an administrative review process to the Planner. The Planner shall approve the request for subdivision exemption unless it finds that the applicant has not met one (1) or more of the standards of Subsections 24-8-170 A.1 through A.4. If the Planner determines that the applicant has not met the standards of Subsections 24-8-170 A.1 through A.4, the request will be scheduled before the Board in a public hearing. The Board will consider the applicant and take final action on the subdivision exemption request. Sec. 24-8 140. Gei,eral provisions. A. A subdivision exemption Shall only be applicable when at least one (1) parcel involved in any boundary exchange or in a temporary use location is less than thirty-five (35) acres or results in being less than thirty-five (35) acres. D. When used in conjunction with a recorded exemption whose request is to remove existing residential improvements from a parcel, the subdivision exemption may be utilized to request separation of one (1) additional existing residence with accessory outbuildings from either of the two (2) habitable recorded exemption parcels. A minimum of two (2) habitable residential improvements are required in order for an applicant to be eligible to apply for this subdivision exemption request. No more than one (1) subdivision exemption for this purpose may be submitted with a recorded exemption application. C. No lot which is part of an approved subdivision plat or any map or plan filed in the records of the County Clerk and Recorder prior to adoption of any regulations controlling subdivisions, or part of any minor subdivision, shall be redivided or changed in any manner by the subdivision exemption procedure. Such platted lots may only be resubdivided or changed by utilizing the applicable resubdivision process. ts-,ieatoJ- untl tcpur,,n‘.�d, "tyay; ig-U,1.v.,H;i Mai la-J alh'oh esuIH1 rti creation of a lot to be sold separately. Upon termination of the mortgage arrangement, the lot shall cease to exist. The lot shall not be less than one (1) acre in sizc- Sec. 24 8 150. Submission requirements. The applicant shall submit the following on the form provided by the Department of Planning Services. A. Name, address and telephone number of the fee owners of the property involved: B. General legal description of the total property involved. C. Total acreage of the total property involved. D. Cxisting land use of the total property involved. C. Existing land use of the adjacent properties. r. Signatures of the fee owners or their authorized agent. G. The applicant shall submit the following written and supporting information. 2002-2914 Page 34 ORD2002-9 J.L..ly I I GI Iy,.AIYYL.flII hull ley lu-tI . y,..IH II II ty VYI I .�J mu3t be provided. 3. Copy of a dccd or other appropriate legal in3trumcnt by which the 4. Certificate from the County Treasurer showing no del,Iquca It taae. or request. aystem. • pal IM1.IJ. • • twenty four (24) inches ill width, or twenty four (24) inches ;n he;ght by tll;l ly-s;x (3C) inchGs in width. No I l • 4. The plat 3ubmittcd will contain the original signatures and seals of all L arts 9;ila si piatrn. ,.nJ ;knit, U-seal0,-x. II. 11vI1 Ul;III,..IIJiellall Jl bk. }lal l.G a-lit.;;I9tI toted-ore.) I9C aI id"tvv'-part.GItvvl 11l.I rvraint0ult.All 51-101, 38-51 102, 38-53 103 and 38-53-104, C.R.S. 2002-2914 Page 35 ORD2002-9 Procedure of the State Board of Registration for Prof 33ional Enginccr3 and Profcs0ional Land Surveyor., and the Rule of Prefcs3ional Coiidu,st 8. A signed copy of all Colorado Land Survey Monument Records for • County Clerk and Recorder, a copy of that monument rcrord and a letter 9. The plat shall bear the ccrtifi tion3 3huwn at Appendix 24 C to-thi^ Chapter. referred to in the appli ation materials. • • ltyuifCi n.a tt,-oreliictYnihAtil ntiatui 0 ,y-off. is aut;ui asluatccHieluvc 24-8-170 A.1 through A.4. G ul ltg Si,'II I I;aa c, CI J J ci i$ l is coact,Y above. • • 2002-2914 Page 36 ORD2002-9 unless it finds the applicant has not met one (1) or more of the standards or conditions of this Section. The applicant has the burden of proof to show the standards and conditions of this Section are met. The applicant shall demonstrate: 1. The proposal is consistent with the policies of Chapter 22 of this Code. 2. The boundary change or temporary use which would be allowed on the subject property by granting the request will be compatible with the surrounding land uses. 3. In those-instancea whcn used pursuant to Section 24 0 140 D, HR.. request is the best alternative to dispose of existing improvements in conjunction with the companion recorded exemption. 4. A lot being created for the purpose of financing will not result in the creation of a lot to be sold, shall be at least one (1) acre in size, and will no longer exist upon termination of the financing arrangements. D. Upon the Board making its final decision, a resolution setting forth that decision will be drafted and signed. A record of such action and a copy of the resolution will be kept in the files of the Clerk to the Board and the Board shall arrange for the County Clerk and Recorder's office to record the resolution. See. 24-0-100. Correction to subdivision exemption. The Planner or Board may, without a hearing or compliance with any of the submission, referral or review requirements of this Chapter, approve a correction to a subdivision exemption if the sole purpose of such correction is to correct one (1) or more technical errors in the legal description and where the correction is consistent with the approved exemption. Sec. 24-15-130. Amendments. Any change to a previously approved subdivision exemption which is not a correction as defined in Section 24 0-180 above shall follow the procedures of Section 24 0 150. Sec. 24.8-`10 Exen Rion from:defin€ti n A. The Board hereby determines that lend divisions which meet the requirements for exemption in this Article are not within the purposes of Article 28 of Title 30, C.R S. .Pursuant to subsection 3(48.101+(10)(d), C.R.S, such land dmsions=are exempt from theadefiinition of subdivision orsubdivided land and from following the coete regulations, requirements and procedures set forth in this Chapter., Thempl land divrsionsFshall follow the procedures rn this Article Exemptions approved pursuant to this Arttcre:shalll 'referred to+as recorded exdri'pt ons and subdivision exemptions, P:. Owners of land dire eligible to'apply+y for, n exemption+only renFat l tone(1°) ot'the resulting.parcels would t*l s+tihan thirty five;( )acres;in size: N o lotwhich is p 't`of an appr e trsubdivision plat or any`ma o plan pr viding for lotsor+parcels o less th*3'acr anted rn the records i h ounty` lerk acrd Recorder, ��'.�i•rto adoptio i of a tr+egulations controlling subdivisions For part of ny mino bdi isiori sh llredivided or changed iri lri riaet by the by tiltaii ig leap procedures. abic � Ivrs°I rl p sspt r be 1,4 ii'miL ltesttodMoledltrrnE,kPiOrna;dl ti§fit 2002-2914 Page 37 ORD2002-9 Sec. 24-8-20. Recorded.exemption. A The recorded exemption is'a subdivision process used Id divide'a lot,into two (2) or three (3) separate lots Examples of when a recorded exemption application may be submitted include creating a lot in the agricultural zone district for a single-family residential building:site, separating existing improvements from agricultural land, and creating a lot in a commercial or industrial zone district for existing or future;development. B. Provisions of Section 24-8-40 shall not be applied to prohibit the;approval'?within five (5)yeers, of one(1)additional application for a recorded exemption on a parcel which has been part of a recorded exemption which was approved'or had an application pending as of October 25; 1995. Nor will it prohibit the approval within ten (10)years, of an'additional application for a recorded exemption on a parcel which has'been part of a recordedd exemption which was recorded after October 25, 1995. This shall be in a ordance with Article Ili, Section 3-14(2) of the dome Rule Charter. C The recorded exemption application shall include the total contiguous land ownership, except in the A(Agricultural) Zone District. In the A (Agricultural) Zone District the following will apply: 1. When a contiguous ownership equals at least one hundred sixty (160) acres, or is a parcel otherwise recognized as a complete quarter section, a portion of the lot equal to the minimum lot size(eighty [80]acres)may be used in the recorded exemption application.i! 2. The three lot recorded exemption'application shall include the total contiguous land ownership equal to no less than one hundred sixty (160). acres, or is a parcel otherwise re• cognized:as a complete;quarter section.' Two (2) of the proposed parcels,:shall be less than thirty-five (35)acres in size and the third parcel'must be at least one hundred twenty(120)acres in size; 3 Whena contigad(is owiierst ipequals two or• more parcels created prior to the initiation of t ubdivisiof regulations, a sin le parcel may be used in recorded t tii '.application r . "124-ism i'': ubdivis crrt exertlp io 'l subdivision exemptioi) is`inr #ed for the foilowirngEfour(4 ,p`u€p'oses Divisionniviadtvatmidoi,ofInteleft`try .;pa el whichll�`nitt aultrnthe creation of nei eside ltialror p nent buildini site. Th subdivision xemptit in conjunctionwitha l rceordex, ira"ptionto a t ui ptolif 1 � texert , ' 47t s vlr iceg: u rY Amin. .: v;ritifficiapu 2002-2914 Page 38 ORD2002-9 required. b) The residential use of the improvements rust be continuous with any gap in use being less than oneyear.' c) acestdepttel,iiitOrOVLetroefitrOlatt be continuously claimed and taxed as residences by the Weld County Assessors Office'. d) The subdivision exemption is the best alternative to dispose of existing irrtprovemenfs e) No more than one (1)subdivision exemption for this purpose may be submitted with a recorded exemption',application f) The applicant is only eligib#e to'adply fora subdivision exemption if it is the first recorded exemption done on the property on or after December 15, 1992, the inception date of the subdivision exemption• 2. for adjustment of property lines between two(2) contiguous parcels. 3. For the creatinkpf lots for the purpose of financing!. s) Lots created for the purposeof mortgaging a dwelling unit shall not result to the creati on of a Iot to:be sold separately. Upon termination;of the mortgage arrangement, the lot shall cease to exist. b) Foreclosure o'f theparcel created for financing purposes shalt not create a separate legal parcel unless:the process described in Sectiorl,24-`1-40,:SU DIV'ISIO1orUBDIVIDEDLAND. b.'has beers followed. 4. For theltemporary use.ofPa parcel:for'publtc'utilityfacilities. rY m sir n application shall r rrrhply with all afthe following standards: A T he water sup ly fr r pr ®a sad lots is adequate' an i'n te'rmis of quality, quantity d°s pendabit ( Anadeq•i sewer hijOglir available to sere theuses permitted on all pr sed'lofs The , :: s shall comp th the requirements of the appllic abler ne=district:Dtiatit , . ,. rtrrtent,of 1 blic.Health,and Environment C. A yaccess is, r ca i� f va l ble, t at. L for�r4 in ress an etf to tpublicrtad lac s, esshall bel trdance"withChapter:8 Article fttthis ; `.e 2002-2914 Page 39 ORD2002-9 1. Where the access is adjacent to a state highway, the Colorado Department of Transportation has jurisdiction'over existing or proposed access points. The applicant shall be responsible for obtaining a new access permit fromthe Colorado Department of.Transportation. 2, New residential driveways to'an arterial will be provided only'When he other option is available.;; 3. Existing or future public rights-of-way and additional access points'on County roads shall'be dedicated or reserved in conformance with Chapter 22 of this Code and any adopted intergovernmental agreements or master plans of affected municipalities. 4, Exemptions shall mitigate impacts of additional accesses to County roads.;; D. The proposed recorded exemption will comply with Chapter 23,Article Vet this Code. E. l The proposa is consistent with the policies arid-gtialt:tit Chapter 22 of this Code. F. The proposal is consistent with any adopted intergovernmental agreement,,if applicable. G The'proposal has taken into consideration master plans of affected municipalities li The proposal iscoimpatible with the existing surrounding fond uses. l' The proposal is`consistent with the intent of the zone district the exemption is located within`as expressed in Chapter:23 of this Code f The proposal isc onsistentwith sound land use.planni g pi tires K. The proposal i 'consistent witty,the Statement of Pu : rposse•as:expressed:in Section 24 1. O'octpis Chapter The approval of anmexer ption tea nor gat "d restricted to catry out the intent of SSection 4 1 altofthis Chapter oretomitigate impacts or address;concerns elf referralagencles EConditiol and restrictions may include butare notlimited it t des ntation of building envelopes,creation of conservation easements fir'other,legal r1 echanisrt to encouragge agricultural production on tree pa ass and to maittait irrigation water for the parcels, iFt i itgh� itions of approval shall be met prtor4t reccording t e latand r trictitonis.clay be'enforced iy l rt notes lithe a The fat t� l nt ho c ° Y, 4,9 pith11001—alr nr ryear land whiould h�c h w een consi t ,contig ha ;lit been°retained 2002-2914 Page 40 ORD2002-9 may tie considered as evidence of.an intentto evade the purpose provisions tat Sections 24-1-30 and 24-8-20 of tfi is Chapter. L. The,mini�numr size of any lot proposed with a public water supply is riot less than one (1) acre net. The minimum size of any lot proposed with a weil.as the;water suppler not.less than two and one-half(2,!).acres net. Minimum lot sizes do not apply.in zone.districts which allow smaller lots or where exempted by the Board of County Commissioners. The minimum lot size does not applyto subdivision exemption lots created for the.temporary use of a parcel for public utility facilities. M. The proposed recorded exemption is not part.ofa recorded exemption or subdivision exemption w, igh,:wat done in.coniunction with a recorded exemption approved within the last ten (10)years unlessthe original exemptions had!an application pending as of October 25, 1995 This provision shall not apply in any Commercialor Industrial Zone District. Sec. 24- . Submittal"requirements. The following information shall be completed and submitted tothe Department of Planning Services as part or the exemption application: A. A recorded eer,h,Pticirr or subdivision exemption application form'provided!by the Department Planning Services. 1. Signatures of all fee owners of properly must sign the application ar if an authorized agent signs, a letter of authorization;from ail.fee owners must be included with the applicatio8 if a corporation is the fee owner, notarized'evidencei must be included showing the signatory haslegal authority of the partnership to sig#rt forthe corporation i'r partnership'and that the,corporation or partnershiptt the authority to do business in fhe Mate erl Colorado. E B. A c opy of a deed•+ar legalinstrumen't identifying the`appli nt's interest=in the p rtunderaliteratian C. A irate of conveyances fortrt provlded ' ,tt ei liiment'of Planning r _s and completed try Tttle lnsuran .or.Abstract Company. OA k_0,0100;description.of:tt a request a t i tp!urpo sand t116 fits. Evince thata watersupply al;strt( nt quality, r�uanttty nd't eper dabillt will be/is available to serve ttte ed lots, ` pplicable. A letter from water district or muni paltty.or4a. elpermit are examples:of evidence far domestic ye �,as y u v2i r i min l�� ; y li eves'=�� ' t , s o1'seewagein compian „ § th the�uiremen so e underlying zonekdistrietan e et lentof �• lth a fd Environments+tt`a tplicbte. NI NO 'tic t m e s;d „p,. fof !letter tram as anitat on s er #4 t� g p.,...IYAte p.1FMtt . 2002-2914 Page 41 ORD2002-9 district indicating'existinq service or availability of sewage disposal to each proposed tot.are examples of evidence for domestic use. G. A description'of haw the property is being used. When the parcel islocated in the agricultural zone district,the description shall include approximate acreage of prime and nonprimefarmland as defined •in Chapter 22`of this grade, number and types.of livestock and any existing improvements such as.the principal residence, labor home, mobile home, manufactured home, barn,outbuildings, irrigation ditches and oil welt production facilities on the property. H A statement describing existing land uses of'adjacent properties and how the proposal will be compatible with these uses: A Weld County`Road Access information Sheet, J. A Statement of Taxes from the County Treasurer showing rui delinquent taxes for the area referred to in the application materials. K A statement describing the current irrigation practices occurring an the site. The statement shall include the type and quantity of irrigation water available to the site along with details on how adequate provision will be made fo protect irrigation practices, the flow of irrigation water, access to the irrigation system ant name of ditch company(s) L. An exemption sketch map drawn on asheet of paper eight and one-half($'!z) inches by eleven(11 j inches. The sketch map shall be legible and include the following information: 1. he boundary of the proposed exemption property(ies} 2 the boundaries of the lot(sj being created or exchanged, and'new parcels:which will result uponapproval of the requests . north arrow. : 1e location of`all e a l rl an t prroposed drive ays and es associated +ith the lot( ): The name of any existin rtri*h ds ighways'abutting`the'plrnpose l exemption property. Ft; Ail existing structures on't") s ry s �at(tt, imp n pry rty Tula h includes„ boils ttrttit l t rrr i b hdi t Bites, to ctr �r le manufactured ho g+�uiit n y t c ,� t estic well,oil Deli production facilitiesand electricalitr'ans n lines I"r pr l easemen or.righf #�...,.: 'lo?ated `h theprodtse ptio'n 2002-2914 Page 42 ORD2002-9 8. All unique physical characteristics of the,proposed exemption property including, but not limited ta, substantial groves of vegetation, severe topographical'conditions, substantial irrigation canals and;water bodies, CRP lands,floodplains,9eohazard areas, airport zones: 9. Building envelopes shall.be designated, if the applicantintends to designate a building envelope as a means of establishing compliance with the pr visions of this Code, including but not limitedto, Sections 24- 1-30 A and:24-1-30 J. Seca r 1-8-60 Exemp tioni plat An'e emptiori plat shalt be prepared after a!application is approved andall conditioris o► approval hive been met. The plat shall be submitted fb the Department of Planning Services for:recording in the office;of the County Clerk and:Aeon rder. The plat shall meet'the:fall awing requirements:' A_ The plat shall de prepared''by a registered professional;land surveyor'in the State of Colorado. B. The plat shalt be delineated in nonfading permanent black ink on a dimensionally stable polyester sheet such as Cronar or Mylar or other product of equal quality, three:(3) mil€imeters or greater in thickness. The size of each shall be either eighteen (18) inches in height by twenty-four(24) inches in width or twenty-four (24)inches in height by thirty-six(36) inches in width. The mixing of sheet sizes is prohibited Noplat submitted shall contain any form of stick-on-type material such as but not limited to"sticky hack,'adhesive film or kroy lettering tape. The drawing shall be at a scaleof one (1)inch equals one-hundred (100)feet or(1) inch equals two-hundred (200) feet.Vicinity maps shall beat a minimum scale of (1)inch'equals two thous nd(2,000 feet. The type.face`shall not be less than 8 point'in,size. Maps drawn to other scales must be approved in writing by Planning Staff. C A photo Mylar:copy or d zc ensiti ed Mylar copy of Ellie original ink drawing maybe submitted 'The material s. tyaitteiatjoa.a.tf three(3)millimeters or greater hibiShatiCsi [i The plat submitted wilt'costa€n the'original sig tares and seals of tli settles required to ergs t e plat if a photo Mylarcopyor`drazo-sensitized My(ar:copy is submitted, the original signatures and seals shall be contained thereon 'All components, including signatures shall be`made' th;nonfading permanent black Oki . The at shall t e ,complete da"t ratefler al rows"oftlheparcels being reatedoexchanged'and ne rcels ich ilresult. xis ng Wont FigM -way'providin e . to the l be G. The p t sl tall irtwi a a3 tbt ly 11 E i t sh l locatej W! iet(s withir spe toadjacent ads andiothertriaiderdpfe. tar s. 2002-2914 Page 43 ORD2002-9 H The plat shall include an accurate drawing of all approved lots 1. Recorded'exerrtpton The smallest parcel shall be designated Lot;A. For a two-lot recorded exemption the larger parcel shalt be designated!Lot Si,' For a three-lot°recorded,exemption the medium:sized parcel shalf be designated Lot Bard the largest parcel shall be designated Lot C. The net and gross acreage,:,(0,(,[0,*,,shall be given. All lots shall be accurately surveyed anthe: rawing shall include bearings,distances and curve i,..„.„..,a ot"all bhes.of all lots, which shalt be referenced to two(2) public land survey"monuments of record.' 2. Subdivision exemptions for lot line adjustments shall include in the drawing the lots before artd after the exemption. I. All work shall comply with the requirements of Sections!38-50-101, 38-51-101, 38-51-102, 3&-53-103 and 38-53-104, C.R.S. J. All"work;shall comply with fhe requirements of the Bylaws and Rules of Procedure of the State Board of Registrationfor Professional Engineers and Professional Land Surveyors and the Rules of Professional Conduct ofr the State Board of Registration for Professional Engineers and Professional Land Surveyors--„Board Policy Statements. K. A signed copy of all Colorado Land Survey Monument Records for indicated "Aliquot Corners (Section 38-53-102(2), C.R.S.)will be submitted with the exemption plat If any'"Aliquot Comer" indicated on"the plat is.substantially as described in an existing monument record previously filed and in the appropriate records'of the.County Clerk.and Recorder, a copy"of that moriu-ril' entrecord and a letter of certification stating that it is as described on the Colorado Land Survey Monument Record shall.be submitted. L A exemption plat shall`bear the'certifications shown in'Appendix 24-F to this Sec i.24-8-?0 Duties of Department of Planning Services and"`The.Board"of County Commissioners A. The,Bc and delegates tie uthority and responsibility for processing alai approving exemptionslitof e Department of Planning 'The t artment of Fla"t"ting Services shalt also have the responstbiltty of ensur that all application submittal requirements are met prior"to initiates any official action. Once a complete application is subtrritted,the Departmentof�Planning Services shallsend`the application ,o referral agencies forrevi and co ment The agencye11all respond t i ' lty-onne 1. days a tthea rdatiin is ailed The ilu tf any ag'en ,tto respond within twenty one( 'tct t y may be d ttfavorable rest se' ll referral agency re ivi comments are considered recomtrlen .do „to the,County. `� #authority,at`nc responsibility for apploval,and dental p rnae ption applicationres ith the,,County. Departmentp .r, s,i lt, ,the:, 'pkt.. it a y"i a s 2002-2914 Page 44 ORD2002-9 Or:individuals whose review`the Department of Planning Services or the Board of County Commissioners deems necessary. C. The Planner sttalt;grenafa,;.'0,;;'00ft recommendation within forty due (45)days of receipt of a complete application.The recommendation shalt address all aspects of the application'including but.not li tiited to,comments received from agencies to which the proposal was referred and the standards contained in this Article.. D. n,;;;,in the opinion of the Department of Planning Services, an applicant has not met one (1)or more of the standards of Subsections 24-8-170 A.1 through A.4, a hearing shalt be scheduled before the Board. F The Board shall`hold a public hearing to consider the exemption application and to take final action thereon: if the Planning Staff has determined:the application has not met the standards of Subsections 24-8-40 B B.6.1 through above. The Board's-decision shall considerthe recommendation ofiPlanning Staff, referral agency responses, the application case file and facts presented at the public hearing The Board shall approve the exemption appliccation unless it finds the applicant has not met one (1) ormore of the standards as listed in Section 24-8- 40, F. The Department of Planning Services shall submit to the Board for review any plat required under Section 24-8-60above which does;not comply with the approved exemption: G The Department of planning Services shall submit to the County Clerk and Recorder for recording plats of approved actions required in Section 24-8-60 above Seth 24 8-80 Exemption resolution. A resolution setting forth°the decision of the;.Board shall be drafted and signed. A record of such action and a copy of the resolution,will be kept in the files of the Clerk to the Board and the Board "shall arrange for the bounty Clerk and Recorder's office to record the resolution. !The Board shall`also authorize'the Chairman to sign the.plat req iced in $0000A1244:+7010010* to0;12441sw,Axenvititisti correction.i A The Board or Plane 'may tithout a hearing or compliance with any of the submission, referralor review regii ireements of this Chapter approve a correction to an exemption "The correction shall only addresstec tnical errors where.such correction is consistent with'the approved exerription Technical errors include, but are=not limited to relocattonofhulldiigenvelopes (such to ion is consistent with the,original;intent of'the approved exemption,r oar ing scrivener errors on tree plat' t l`, ctrng survey errors. An exemption plat in compliar c e with,,Section 2 tO ;t1, _f Ple,,S,Sal, B A reconfigurati `it a r ut a heannt or aitht of the 3� �� submission,treferraloiit r ew i relent of rhea half � of ��± t to Board orl lanne wh tiie pad is roexistinc, ` x )tion ar..a_re nfigur ld;•in 2002-2914 Page 45 ORD2002-9 a way which does not substantially change the number of total acres in the original exemption, and creates no additional parcels. An exemption plat in compliance with Section 24-8-60 shall be required. C, Any change taa previously approved exemption which is not a correction as defined in Section 24-8-180 above shall follow the procedures of Section 24.8-150 D: The.date far calculating compliance with the timing provisions of Section 24-8-80 H shall be the date of recording the most recent previous exemption associated with the parcel, not the date of the correction. Sec. 24-8.100, Exemption amendrfients.time provisions Time provisions do not apply to subdivision exemptions for adjustment of property lines between two.(2) contiguous parcels,for the creation of lots for the purpose of financing or the temporary use Of a parcel for public utility facilities. Any change to a previously approved exemption,which is not a correction as defined in Section 24-8-90 of this Chapter, shall be processed as a new exemption, if eligible. The date far calculating compliance with the timing provisions of Section 24-8-80 M shall be the date of the most recent exemption associated with the parcel only in the following instances: A. W here a boundary change!results in a change of acreage between Lot A , Lot B, Lot C or the SE Lot done in conjunction, thereby not creating an additional buildings site or changing the exterior boundary of the original recorded exemption or recorded exemption, subdivision exemption combination. Where previous approval of a recorded exemption included more than the minimum lot size required in the affected zone district, and the'applicant did not waive his right,the applicant is eligible to apply to decrease the larger lot'to the minimum lot size required subject:tc the limitations of Section 24-8-80 G of this Chapter. Amend Appendix 24-D. Design Guidelines for New Road Construction, attached hereto as Exhibit "A" and incorporated herein by reference. 2002-2914 Page 46 ORD2002-9 Amend Appendix 24-F, Exemption Plat Certificates, as follows: The following certificate blocks shall appear on the plat,(as applicable): Property Owners Certificate: I(We),the undersigned,being the sole owners in fee of the above described property do hereby subdivide the same as shown on the attached map. I (We)understand that this property is located in the (fill In the correct zone district)zone district and is also intended to provide areas for the conduct of other uses by right,accessory uses.and.usee,ey spade.review. per•: ::;:..,;.it::tt:,..:n::,,..•::::.:... .....:....:.... E.::::.::u:e:•:;s�.•.a:: ts......................:i.:!i::::�::.- .0:: .........[:a:: 5i{:z�%`� .. <r..��....« i tt•.r�.�::t.:::::::::a::::;•::•:: �'i• Signature ;.. g •� .1t-:�.:p!:'r- ...........»..,. .... .______ ..................:._.::_;Ear: .......... 1 or rntt d rt ttne .......................................................... (Typed or printed name) State of Coiorad s j )s$. CD— my of Weld ) `rhe'foregoing dedication was acknowledged before me thisr ! rfay of '•::'�.:;;�k: ., My Commission expires ...:.: Witness my hand and seal i.... Notary ubli • �..•:.....:::.:.:r::••t . .. : N to P ' Easement Certificate:This certificate shall be used when any easement crosses any of the proposed lots of the Exeipption. The plat shall also identify the benefitted lot and purpose of the easement. il(We),the undersigned,do hereby dedicate,for the benefit of the property(ies)shown or described hereon, Basements for the purposes shown or described hereon. :n................ :::nitnt:t t tt•ttiK-:r:r:t.........".... _ .....n:E,:.;.._ s nsa:v::ne:c n• si..... ....n,,.,.,:rz:.;..•...:.._..tas:xs::c.:t.4.:u:,.... :::: n!•a.[:.._!E:u:iii•s:..,..t•s?::� .,...ett.t ur ., i ...f:.. s.............?.., .........:............n:cr.:,_...:'s [r•rs•sn r .:sJ 4.,' ... t.,. ,. w::;: t•»`rE ....[:::::4i21Ffiiil:tf.l.,rls,!'s'.,......... ........_:._.. :..__....»acYdc"al•cwp:p{Elprr;:pps''''''......[ e t:»:'::.•• ��r • dP""l�tl ..______.................u•s—•:;�•.::u:ayus;....._ ... ...y t..u.;.... ....u:ns•,•r•.c - _ :•r................:nw::.... .... .,i• ...... ....... .....r•st sNek:.a:...ryan::e:n!t .....:........... 7 ,� .............:.�rFa.'�h: il:u.!!int•t ..':c..;su.t��!��ugglyx.:;:;uaa::a::::::::::::::,.Ei.,,!,:I{I!Is scsm::n:s s•t:t[ .., lli [...t..•:.t:ut•�`pi.!i•sx.::•..:rc•:::.u,trs;uas»:t,i rsl;£I,at�.::'.i::•'.�io'�1 r t t t s ,: .;..._ .. ..:_: .:a:m:pets tc:-.... , �.... ,_�r s"•u_;::"r':;�:•r it .. .. ... . :........ MAO.... T or nted'name .....i..a::a..itt.._p;-,;::::.... Ep'.: (Typed printed � ..:::::::: s aaa:t.•.,:,:•:E�:m~ :.;.�`�-i .:.t,�.,. Surveying Certificate: ,a Registered Professional Land Surveyor in the StatetbU)o credo.do hereby certify that the survey represented by this plat was made under my personal supervision,and that this plat is an accurate representation thereof. I further certify that the survey and this plat complies with all applicable rules, regulations,and laws of the State of Colorado,State Board of Registration for Professional Engineers and Professional Land Surveyors,and Weld County. � 1:Jt3'Ix �:tra:n;. .«;..,:^•:i::'=CrfittslllF:e!ti::py�n{iisYi:!:F:; i:epieii:sli By: •^n• s ::st.tstii'tiu, Registered Land:_Surxeypr Date S' t :,l•.i.. _« ,1....:.tt..n 2002-2914 Page 47 ORD2002-9 4. Certificate of Approval by the Department of Planning Services-Administih3tive Review: This plat is accepted and approved by the Department of Planning Services for filing, .. . . • • . .... : ',; Director, partm Planning Services State of Colorado ) )ss. County of Weld ) The foregoing certification was acknowledged before me this day of _`"=1`'°"'°°:;'r ;:::: • A.D.,20 :.;:7:!...a...,.":a _...•................r.:::!cc:a..s,� M Commission expires :,,......�::�:,:,.,, ::a,ta>.:::.:...:........... Witness,,my.;hand and seal ....:............. 0 Certificate of Approval by the Board of Cour€ty Commissionerst .its plat is accepted::and approved by the Board of County Commissioners of Weld County,State of Cifgr°ddq Witness my handand`the corporate seal of Weld County this day of A.D.,20 Chair,Board of County Commissts ATTEST: Weld County Clerk to the Board Deputy Clerk to the Board Delete Appendix 24-G. CHAPTER 26 MUD Add Section 26-2-60.B.1.d. Exemptions from the PUD District Provisions. d. Those uses which were legally created prior to the PUD requirement and located on a single legally created lot. Add Appendix 26-P. PUD Plat Certificates. The following certificate blocks shall appear on the plat(as applicable): 4. Surveying Ci te: ,a Registered Professional Land Surveyor in the State of Colorado do hereby certify that the survey represented by this plat was made under my personal supervision and checking. I further certify that the survey and this plat complies with all applicable vales,regulations,and laws of the State of Colorado,State Board of Registration for Professional Engineers and Professional Land Surveyors,and Weld County. By: ..Reglstered L.apd,Surveyor Date Colorado Registration# 2002-2914 Page 48 ORD2002-9 2 deififleatel'Oftedication,Ownership,and Maintenance: Know all men by those present that being the Owner(s),Morfgageeor Lienholder of certain lands in Weld County,Colorado,described as follows: Beginning containing acres,more or less,have by these presents laid out,platted,and subdivided the same into lots,as shown on this plat, under the name and style of and do hereby dedicate to the public,school district,owners and future owners of this PUD(as applicable)all ways,public rights-of-way, easements,parks and open space,and other public rights-of-way,easements,parks and open space,and other public rights-of-way and easements for purposes shown hereon. Executed this day of>,, ; ......::.. ::[.:_:.,<i if A.D., 20 (Typed ofMortgagee, Lenh ) • - name signature for.Owner, or i older State of Colorado ) )ss. £nty of Weld ) the foregoing dedication was acknowledged before me this 'day of A.D.,20• - My Commission expires Witness my hand and seal :.... . . ., •. :.. ... ''Notary Public 3 Property Owner's CertifiCfei I(We),the undersigned,being the sole owners In fee of the above described property do hereby subdivide the same as shown on the attached map. I(We)understand that this property is located in the (fill in the correct zone district)zone district and is also intended to provide areas for the conduct of other uses by right„accessory uses and uses by special review. t.,....y..,.:•;v,._,..,.........: ....................:, =.yssp.;ar •=:::f ss -:i::i:i::i:::i..«...., t.�'seL?'s1iS:f'rcr,i_!ri`�',,. •.h.. ........... ........... i<•r•r•:::•�::E:.•^::£��•rf'r._irrrertr••trs-:::�.^.......................•:. :... :.: • run[t! Signature ....... ,tti..:!:!.,.......s.iF:.;Fic::;•. , ...,.,..r.Et::.�.__.[...3.:.[ 3...............................I(i� .... . ...::.. ......�....... ....4:1:.!x::... t::::!::::�::..•... �.........:..::i...:If:.::,lr"...:..,-....,.......:•� ..... .. ,fa::::;:vt.::.:::!•!•::!.:!:S:::';:',.: j..: -: :S::'1Sl�•I ...............t::::S£:•[K t:L.:i:'"f:'t h {':�lil:t'!•`✓,.'.: s........ ....... .. ..Sli::[::...:::.�''. or ranted name (Typed pnnted ':: ....:...:.: '..[___ �:�.,•.....::is ':�'5�d.ix 'h? f� State of Colorado ) )ss. County of Weld ) The foregoing dedication was acknowledged before me this .: 's nk'1:` t- ,atn•; £Et t: .:,n Y; t1�Y Commissten°expires „x ,_,:° : ,rt:�t•rs !lita905,4141)y hand and seal :::r::an-4:t�p £iF}r i£e'fi t ..e::.......W ,,„;.:� ... :rIgif i nn�[t E Ifllfl€{f i)il ii!Ff:i..I...;;»i sxtn y i r r{a -s ..._•.xn..l>::lliil:e��, iif4'r'ii"i•If ix Ei't10tyii' [....[:[•uuu•-u. f:ccc.i•=.;ii:i ':s^=ui i.r.:.:.:.:.::.t:at.::r[nestuntasu€n of::t•(€E££ .. £ '41i..:tfti............1..C5C[ti' r: ._: :::[::tyt�.:i f= i.. i::s:.[.,.:;:.t=..=x:'[3.,t t,aKt:r,:�ttE£€€tttE,f lf•i:ti�_�:��?'`:ii:l!;�i::.:::::f::::::::�:��=::�tl€� Notary Public <s,........,..�F•[t.:[t».:<[,:....•....._.W W_._.....s::,lff=[:.f.•.............................:....._..............................._.................s.IE[[E f 2002-2914 Page 49 ORD2002-9 4. Certificate of Approval by the Board pfluit`ty Commissioners: This plat is accepted and approved by the Board of County Commissioners of Weld County State of Colorado. Witness my hand and the corporate seal of Weld County this day of `'`: A.D.,20 Chair,Board of County Cairirnissioners ATTEST: Weld County Clerk to the Board Deputy Clerk to the Board Date 5. Certificate of Approval by Planning Commission: This is to certify that the Weld County Planning Commission does hereby recommend to the Board of County Commissioners,Weld County,Colorado,for their confirmation,approval and adoption the plat as shown and described hereon this day of_ A.D., 20 Chair,Weld County Planning Commission certificate of Approval by the Department of Planning Services: This plat is accepted and approved for filing. Planning . .�.... :..:• Director,Department of Services State of Colorado ..... County of Weld The foregoing certification was acknowledged before me this i'<::ki i. . •• :;,,',=t�;1+�:�'::£�F:.°::`�`�€�?.s '_A.D..20 .:.•.£ i,}.....,r,, s ... .. My Commission expires ...._.r::.,::.:: Witness.my hand.,and seal ........ ....r.;;aeunens}.,ss}•✓%:• •........ ,;,• >•................. ..�x�n=•z=s r.:�rn:mts<ut:nrert sars:u}naz sk«•.:t 7`yS'• s..... :!;.y::.s•:s:^w t•s,:s•.s:££,££;... P ..:•�.•}i:;.; ...................................... ,st t.•k ? :.•......z er'.:;.:-r..;....•;£,.}.....zse.r rtao.•ss rsrs.................. li ri' _.. .... :::� ...:..::r.:n:,,'rtl:....:::.......a:c::,;c�st•ss=••I?..s::::.::.:::.:e•• ,s..,;..a:„1:.,,arsi•£s,,..::•E}.,:£:.4if st .r...t!... t.t £r CHAPTER 27 PUD Amend Section 27-2-20. Access standards. All PUD developments will be served by an internally paved road system according to County standards. An exception to paving may be granted by the Director of Planning Services Public Works for residential PUDs of five (5) nine (9) lots or less located in nonurban areas as defined in Chapter 22 of this Code, when the PUD is not located within close proximity to other PUDs, subdivisions and municipal boundaries, and when access to the PUD is not from a public road which is paved or will be paved within a year of approval of the PUD. 2002-2914 Page 50 ORD2002-9 Amend Section 27-2-170. Public water provisions. Rublk.,tivater-syate, Dui v; 9-PUDs must be capable of meeting state drinking water regulations (Colorado Primary Drinking Water Regulations) and have adequate provisions for a three-hundred-year supply of water. Public wWater systems, including wells, which rely upon Denver Basin aquifers shall also acquire and incorporate into a permanent supply plan alternative renewable water sources to ensure water supplies for the future. Amend Section 27-8-50. Failure to submit a PUD final plan. If a PUD final plan application is not submitted within two (2)€hree(3),years of the date of the approval of the PUD Zone District, the Board of County Commissioners shall require the landowner to appear before it and present evidence substantiating that the PUD project has not been abandoned and that the applicant possesses the willingness and ability to continue with the submittal of the PUD final plan. The Board of County Commissioners may extend the date for the submittal of the PUD final plan application and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board of County Commissioners determines that conditions or statements made supporting the original approval of the PUD Zone District have changed or that the landowner cannot implement the PUD final plan, the Board may, at a public hearing, revoke the PUD Zone District and order the recorded PUD Zone District reverted to the original zone district. CHAPTER 29 BUILDING REGULATIONS Add certain Definitions in Section 29-1-20. Manufactured structure :And'fat,ory assembled Structure with'or without service conri0et 3.6.4t wriot aiiimelling Replace Section 29-2-40 to read as follows: National electric code. The publication of the National Fire Protection Association, known as the National Electrical Code, 2002 Edition, NFPA No. 70-2002 is incorporated by this reference as a part of this Building Code for the purpose of establishing standards for the inspection of electrical installations and issuance of electrical permits in the County, with the following amendments: A. Add section 110.2(A): "Fault current calculations, load calculations and one-line diagrams shall be submitted and approved for any electrical service over 200 amps. Such approval shall be obtained prior to the construction or release of the electrical service." B. Change Section 230.70(A) to read: "The service disconnecting means shall be installed at a readily accessible location on the exterior of a building or structure adjacent to the electrical metering equipment." 2002-2914 Page 51 ORD2002-9 C. Add Section 230.70(A) Exception No. 1: "The service disconnecting means may be located inside a building or structure at a readily accessible location if the service disconnecting means is placed back-to-back with the metering equipment and the total service entrance conductor length does not exceed three feet six inches measured from the exterior wall of the structure. The service disconnecting means shall also be located on the ground level." D. Add Section 230.70(A) Exception No. 2: "The service disconnecting means may be located inside a building or structure at a readily accessible location if the service entrance conductors enter the building under a minimum 2-inch thick concrete slab or floor. The total length of the service entrance conductors from the top of the floor to the point of termination in the service disconnecting means shall not exceed seven feet. The service disconnecting means shall be located on the ground level. Service conductors installed under and inside the building shall be installed in an approved raceway for their entire length." E. Amend the first paragraph of Section 250.50 to read: "If available on the premises at each building or structure served, each item in 250.52(A)(1) through (A)(6) shall be bonded together to form the grounding electrode system. (Item (a) (A)(1) shall be required as part of the water supply or distribution system.) The bonding jumper(s) shall be installed in accordance with Sections 250.53(a) shall be sized in accordance with Section 250.66 and shall be connected in the manner specified in Section 250.70." F. Add Section 250.52, Exception 2 after Section 250.52 Exception: "Existing water supply or distribution systems which have not been changed, modified or expanded shall not be required to be modified by installing 10 feet of underground metal water pipe in direct contact with the earth." G. Add Section 300.5(L): "All electrical underground wiring located outside a building or structure shall be separated by a minimum of 12 inches from all other underground utilities, including telephone and cable television. Such separation may be horizontal or vertical. Gas piping shall be in a separate trench. (See Sections 603.2 and 603.2.1, of the IPC for water and sewer separation; Section 1304.9 of the IMC.)" H. Add Section 300.5(L)(1): "All utilities, including electric underground wiring, shall be separated a minimum of 12 inches horizontally from cesspools, septic tanks, septic tank drainage fields or seepage pits." Add Section 422.12(A): "Branch circuit overcurrent protection shall be provided by means of fusing. The rating of the branch circuit overcurrent device shall not exceed the device rating marked on the equipment. If the maximum rating of the device is not marked on the equipment, it shall be sized in accordance with Table 430.52. The overcurrent protection shall be installed with the appliance disconnecting means or directly adjacent to it in a readily accessible location outside the appliance. Overload protection shall be provided as per Article 430, Part III." J. Add the following sentence to Section 511.3(B): "The areas described in 2002-2914 Page 52 ORD2002-9 511.3(A) and (B) shall also apply to private garages as defined by the UBC." Amend Section 29-3-20.B.13. 13. Agricultural buildings in the A (Agricultural) Zone District, except that this exemption shall not apply in platted subdivisions or unincorporated towns filed and recorded in the County Clerk and Recorder's office or on property approved as a site specific development plan as defined by Chapter 23 of this Code, excepting buildings built pursuantto a Use by;Special Review for LIVESTOCK CONFINEMENT OPERATIONS under Section 23-3-40 of the Weld County Code. a. Such buildings or structures shall meet the following requirement: The only utilityies allowed io electricityare Waterfor livestock watering and cleaning, and electricity. Buildings or structures containing plumbing fixtures which support human habitation such as lavatories, sinks, water closets or showers are not to considered as exempt from the permit requirements°of this Code. Although the building is structurally exempt from a building permit, an electrical or plumbing permit and fee is required. (See Subsection A above). b. A certificate of compliance for agricultural exempt buildings is required to be completed, signed and filed with the Department of Planning Services so as to verify setbacks and establish any applicable flood hazard requirements. Amend Section 29-3-100. Mobile or manufactured homes. Mobile or manufactured homes no longer meeting the definition of a mobile home, as defined by Chapter 23 of this Code, and which has the entire frame removed, shall require a building permit, except those meeting the provisions of Section 29-3-20 B.13 of this Chapter. Floors shall comply with Section 2306.3 of the Uniform Building Code or alternate methods approved by the Building Official. Foundation requirements shall meet the standards of Section 29-2-90 B of this Chapter.or alternate methods approved by the Building Official. A Manufactured Structure is any factory--assemTjbled structure with or.without ise ce connections that is not a dwelling, BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Colorado Code Publishing to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and sub-sections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and sub-sections in said Code. BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, 2002-2914 Page 53 ORD2002-9 clauses, or phrases might be declared to be unconstitutional or invalid. The above and foregoing Ordinance Number 2002-9 was, on motion duly made and seconded, adopted by the following vote on the 18th, day of December, A. D., 2002. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Glenn Vaad, Chair Weld County Clerk to the Board David E. Long, Pro-Tern BY: Deputy Clerk to the Board M. J. Geile APPROVED AS TO FORM: William H. Jerke County Attorney Robert D. 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