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Home My WebLink About20022919.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved byJames Rohn,that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: PLANNER: Robert Anderson REQUEST: Weld County Code Changes to Chapters 23, 24, 27, and 29.— be recommended favorably to the Board of County Commissioners for the following reasons I- TO: BOARD OF COUNTY COMMISSIONERS FROM: DEPARTMENT OF PLANNING SERVICES SUBJ: SUMMARY OUTLINE OF CODE CHANGES DATE: September 3, 2002 1. 23-3-20.T. Uses by Right/Animal Boarding and Training Facilities- Amend Definition 2. 23-3-40.B.10. Uses by Special Review-Amend Definition by deletion of trips per day 3. 23-2-50.D.2. Correction of Map dimensions (24X36 V 8.5X11) 4. 24-5-10 Correction of typographic error (3)V (2) 5. 23-3-440 Correction of typographic error(8)V (80) 6. 23-3-40 Addition of Semi-Trailers& Cargo Containers as a USR, re-letter 7. 23-4-160 Additional of Semi-Trailers to MOBILE HOME permitting section 8. 23-4-190 Addition of Manufactured Structure to Temporary Accessory Use as an Office 9. 23-1-90 Addition of property owner or tenant link to vehicles in Non Commercial Junkyard 10. 23-1-90 Delete Semi-Trailers from definition of STRUCTURE 11. 23-1-90 Add Definition - COMMERCIAL VEHICLE 12. 23-1-90 Amend Definition of MOBILE HOME by deletion of "required utilities" language 13. 23-3-30.A Addition of language-exempting converted,dismantled, modified, altered or refurbished Mobile Home as Accessory/Ag Exempt Structure 23-3-30.B Addition of language-exempting converted,dismantled,modified,altered or refurbished Mobile Home as Accessory/Ag Exempt Building 14. 29-3-100 Remove existing Definition MANUFACTURED STRUCTURE and replace 15. 27-2-170 Delete Public Water Systems replace w/PUD's, add "including wells" 16. 23-1-90 Add Definitions -CONSTRUCTION TRAILER& SALES TRAILER 17. 27-2-20 Replaced Director of DPS with DPW regarding Paving Waiver and correct five (5)with nine (9) lots in Access Standards 18. Append 24 Design Guidelines for New Road Construction(Pavement Type Column Replace the word Gravel with Asphalt(Pavement) in (Section Line Roads & Rural Subdivisions Rows) 19. 29-1-20 Add Definition MANUFACTURED STRUCTURE 20. 24-1-40 Correction to Non Urban Scale Development- Nine (9)V five (5) 21. 26-2-60.B.1. Addition of¶ d. Those uses which were legally created prior to the PUD requirement and located on a single legally created lot. 22. 24-8-70 Amend language to require Survey of both lots of a Recorded Exemption 23. Append 26 Add PUD Plat Certificates 24. 23-4-130, Amend Supplemental District Regulations- Mobile Homes to 170, 190 &220 Update Mobile Home Permit application process/requirements 25. NEC Adopt 2002 National Electrical Code with amendments 26. 23-1-90 Add Definition -COMMERCIAL TOWER 27. 23-4-800 Addition of new Section COMMERCIAL TOWERS(Promotes Co-Location & Stealth Towers, reduces visual impact of Towers, Tower height will be limited by setback not a specific minimum height, IE. 70',) 28. Chapter 23 Correct Section Definitions and references to Towers to comply with new section 23-4-80 29. Chapter 24, Article V, Resubdivisions Section - Repeal and reenact entire section (no major changes-section rewritten to be more user friendly) 2002-2919 Resolution County Code Changes Page 2 30. 23-2-260.D.4.a. Correction of Vicinity Map scale (2000'V 600') 31. Chapter 24,Article VIII, Exemptions Section-Repeal and reenact entire section (no major changes -section rewritten to be more user friendly) 32. Add th requirement of a Port-a-Potty to all Building Permit Applications 33. Delete Weld County Transportation Plan Map#3 Comprehensive Plan Reference all Transportation issues to Roadway Classification Plan 34. Sec 23-2-40.E. Adopt Electronic Zoning Layer as Official Zoning Map of Weld County 1year updates (Change 23-2-40.E. from 5 to 1 year) 35. Chapter 24,Article VI Conformance requirements-Add new section Sec. 24-6-60. Location/Site Improvements Certificate 36. 24-1-40 Definitions Add Definition -Obsolete Subdivision (Discuss use of the word Obsolete) 37. 23-3-330.D. Add#5 Oil and Gas Support and Service 38. 29-3-20.6.13 Allow Water for Ag Exempt Buildings 39. 23-3-20 110 permit Borrow Pit allowance 40. 23-4-340 & 350 Add Industrial Zone District(Landscape) Performance Standards Motion seconded by Stephan Mokray VOTE: For Passage Against Passage Absent Fred Walker Michael Miller John Folsom Cathy Clamp Bryant Gimlin Stephen Mokray Bruce Fitzgerald James Rohn Bernard Ruesgen The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. CERTIFICATION OF COPY I,Voneen Macklin, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on September 3, 2002. Dated the 3rd of September, 2002. J Voneen Macklin Secretary q- = REQUEST: Weld County Code Changes to Chapters 23, 24, 27, and 29. Robert Anderson, Department of Planning Services presented County Code Changes for 2002-2003 year to correct grammatical, content errors and several new sections. Mr. Anderson advised the Planning Commission they had received the proposed code changes Case#2002-XX for review and consideration previously on August 6' 2002, after several BCC work sessions . "The submitted changes occur in multiple chapters of the Weld County Code and as a whole update and simplify existing policies and procedures or correct typographical errors. Items 6, 7, 11, 16, 19,26,27, 34, 36, contain new concepts or proposals." Robert Anderson referred to the Summary of the Proposed Changes and respectfully suggested using the summary as a discussion guide, making recommended changes or corrections and then voting on the changes as a whole rather than individually. He subsequently advised the Planning Commission members that distributed with the PC packets was a memorandum from lead planner Kim Ogle providing additional information regarding item#34. At the time of discussion,if questions arise Mr.Ogle will discuss this item. Robert added two additional changes to the proposed Change Memorandum distributed on August 6th. The first was to strike # 40 in its entirety. It was determined at the BCC work sessions that additional staff preparation/research was required to complete this submission. The second was the deletion of the word gravel in Chapter23,Division 6,Article IV,Supplemental District Regulations,Section 23-4-20.c.regarding off street parking spaces (page 23-121). This resolves a discrepancy with Section 23-3-350 Design Standards which requires sufficient screened,off street, paved, parking areas in the industrial zone district, the deletion of the word would not exclude the use of gravel but would establish the minimum standard to which an exception could be granted (or recommended by the Planning Commission and granted by the Board of County Commissioners, rather than a conflicting standard which is not consistent with other parts of the code. This requested change is a joint request from the Department of Planning Services and Department of Public Works to resolve a frequently misinterpreted section of the code. Michael Miller suggested starting at the beginning and if the members of the Planning Commission has comments they will stop and question at that time. Bruce Fitzgerald asked for clarification on the process since he was not present at the last meeting to receive the packet. Mr. Morrison indicated this was a legislative function so he is able to participate. Mr. Anderson proceeded with the following Summary: 23-3-20.T. Uses by Right/Animal Boarding and Training Facilities- Amend Definition 23-3-40.6.10. Uses by Special Review-Amend Definition by deletion of trips per day 23-2-50.D.2. Correction of Map dimensions (24X36 V 8.5X11) 24-5-10 Correction of typographic error(3)V (2) 23-3-440 Correction of typographic error(8)V(80) 23-3-40 Addition of Semi-Trailers& Cargo Containers as a USR, re-letter Bruce Fitzgerald asked for clarification with regard to this change. Mr. Fitzgerald rented a storage trailer for a temporary during construction. It was on the property. Mr. Anderson indicated that would be in the construction area that will be addressed later. Mr. Miller asked if there was any situation in which a person could keep a cargo container on their property for an extended period of time. Mr. Anderson indicted that they could not. Mr. Ruesgen asked if a railcar constituted a cargo container. Mr.Anderson stated that the intent was to include cargo containers and railcars. It is in the definition of commercial vehicles. There is nothing that can be done to make these a permanent use. They will always be temporary. 23-4-160 Additional of Semi-Trailers to MOBILE HOME permitting section 23-4-190 Addition of Manufactured Structure to Temporary Accessory Use as an Office 23-1-90 Addition of property owner or tenant link to vehicles in Non Commercial Junkyard Page -8- Michael Miller asked if at this point the county could go back to the owner of the vehicle not just the property owner. Mr.Fitzgerald asked what would happen if it was a family member. Mr.Anderson indicated that junk is junk. Mr. Ruesgen stated that if he is living there and has his vehicle in the back it would need to go. Bethany Salzman,Zoning Compliance officer, provided clarification with regard to the intent. It is intended to avoid salvage yards, having someone else store derelict vehicles on someone else property. Anyone living on the site or the owner could keep the derelict vehicles as long as they are screened from adjacent properties and rights of way. 23-1-90 Delete Semi-Trailers from definition of STRUCTURE 23-1-90 Add Definition -COMMERCIAL VEHICLE 23-1-90 Amend Definition of MOBILE HOME by deletion of"required utilities"language 23-3-30.A Addition of language - exempting converted, dismantled, modified, altered or refurbished Mobile Home as Accessory/Ag Exempt Structure 23-3-30.B Addition of language - exempting converted, dismantled, modified, altered or refurbished Mobile Home as Accessory/Ag Exempt Building 29-3-100 Remove existing Definition MANUFACTURED STRUCTURE and replace 27-2-170 Delete Public Water Systems replace w/PUD's, add "including wells" 23-1-90 Add Definitions-CONSTRUCTION TRAILER& SALES TRAILER Robert Anderson requested the deletion of the last sentence in #16 change (as discussed at BCC work session). 27-2-20 Replaced Director of DPS with DPW regarding Paving Waiver and correct five(5) with nine (9) lots in Access Standards Append 24 Design Guidelines for New Road Construction(Pavement Type Column Replace the word Cravel with Asphalt (Pavement) in (Section Line Roads & Rural Subdivisions Rows) 29-1-20 Add Definition MANUFACTURED STRUCTURE 24-1.40 Correction to Non Urban Scale Development- Nine (9)V five (5) 26-2-60.6.1. Addition of ¶ d. Those uses which were legally created prior to the PUD requirement and located on a single legally created lot. 24-8-70 Amend language to require Survey of both lots of a Recorded Exemption Append 26 Add PUD Plat Certificates 23-4-130, Amend Supplemental District Regulations - Mobile Homes to 170, 190 & 220 Update Mobile Home Permit application process/requirements Robert Anderson discussed the proposed changes to Mobile Home section as written and recommended by Wendi Inloes. The notification process to Surrounding Property Owners (SPO)becomes a function of the Planning Department. While the applicant must provide the SPO list they are relieved of the actual 70% signature survey process. This process is similar to a referral request and changes the 70% "in favoroP'signatures(which are chosen by the applicant, difficult to verify and may omit 30%of SPO's)to a 30%or more "object to"the applicants proposal and everyone is notified. Michael Miller asked about taking the process away from meeting people to mail. Mr.Anderson replied"The approach is that all are notified and the current 70%is the applicant picking and choosing who the know will approve the application." James Rohn stated he would like to see the ratio for denial higher than 30%. Mr.Anderson indicated that staff used the opposite of the 70% acceptance rate. Mr. Fitzgerald stated he could not think of a place in the county in which 30-40 properties would be affected by the mailing. There may only be 6-8 neighbors affected. Mr.Anderson indicated that all mobile homes in the county are considered temporary. Michael Miller asked Mr. Morrison if wanted to propose change to suggested adoption procedure. Mr. Morrison stated that it was up to Planning Commission to decide if they wanted to accept staffs recommendation or make specific changes included in the final motion. Mr. Miller stated that there will not Page -9- be a substantial amount of changes but if a motion was placed on the table now it would be voted on. James Rohn moved to change 30 % in opposition to 40%. No second. NEC Adopt 2002 National Electrical Code with amendments Jeff Reif, Department of Planning Services, stated that the NEC changed the format slightly and this will conform to this format. 23-1-90 Add Definition - COMMERCIAL TOWER 23-4-800 Addition of new Section COMMERCIAL TOWERS (Promotes Co-Location & Stealth Towers, reduces visual impact of Towers, Tower height will be limited by setback not a specific minimum height, IE. 70',) Chapter 23 Correct Section Definitions and references to Towers to comply with new section 23-4-80 Michael Miller asked for clarification with regard to an applicant puffing a commercial tower on a property and not having to go through the planning commission process. It would be a use by right. Mr. Anderson indicated that if the tower was under 70 feet and only for co-location. Mr. Miller asked if the applicant needed to got through the Planning Commission for co-location now. Mr. Anderson stated that if it is considered a substantial change that would require an amendment to the USR. The possibility of co-location will need to be at least explored by the applicant. This regulation promotes co-location,discourages tower farms. These refer to commercial towers specifically. Chapter 24, Article V, Resubdivisions Section - Repeal and reenact entire section (no major changes - section rewritten to be more user friendly) 23-2-260.D.4.a. Correction of Vicinity Map scale (2000'V 600') Chapter 24, Article VIII, Exemptions Section - Repeal and reenact entire section (no major changes - section rewritten to be more user friendly) Add th requirement of a Port-a-Potty to all Building Permit Applications Bruce Fitzgerald asked about doing a detached garage and if a port a pot. Ms.Mika indicated that adequate restroom facilities have to be provided where people work or congregate. If you chose not to make the residential bathroom available then a port a potty would be required if you contracted out for the construction of the garage. Mr. Fitzgerald indicated that he built it himself. Ms. Mika stated that this is aimed at construction sites in which facilities are not available. Delete Weld County Transportation Plan Map#3 Comprehensive Plan Reference all Transportation issues to Roadway Classification Plan Sec 23-2-40.E. Adopt Electronic Zoning Layer as Official Zoning Map of Weld County lyear updates (Change 23-2-40.E. from 5 to 1 year) Chapter 24, Article VI Conformance requirements - Add new section Sec. 24-6-60. Location/Site Improvements Certificate 24-1-40 Definitions Add Definition -Obsolete Subdivision (Discuss use of the word Obsolete) Mr. Anderson stated that in a work session the BCC is requesting a different word other than "Obsolete" There have been six alternatives suggested. Mr. Fitzgerald asked for definitions for archaic. Mr.Anderson stated that Deerfield and Camfield are examples of obsolete. 23-3-330.D. Add#5 Oil and Gas Support and Service 29-3-20.B.13 Allow Water for Ag Exempt Buildings Bernie Ruesgen asked if this applied to commercial operations like pork or poultry. A lot of operations install car wash type facilities so the employees can was before entrance and exit of the facility so not to contaminate the livestock. Mr. Anderson indicated that would be a condition of approval required by the Health Department. It is more for the smaller agricultural type business. Page-10- 23-3-20 110 permit Borrow Pit allowance Mr.Morrison indicated that one version does not limit the total extraction, it relies on being eligible for a 110 permit. It could involve a substantial amount of hauling and possible damage to the roads. The other side includes the addition of a duration in the first alternative and limit volume. There would be enforcement issues because they are not under a permit,just trying to determine if the threshold has been met to require a permit. One way to address is to use the second option but require that there be an improvements agreement for offsite county roads. The applicant would need to enter into an agreement with the County for any off site improvements or maintenance of county roadways. Mr. Miller indicated that this does not involve crushing, screening or other processing. It is very rare that material is used on any public road project that the material is not screened. Mr. Morrison stated that the current exception is if it is used on a public road project, a special use permit is not required. This is a new exception independent of the public road exception. Commissioner Long described it as it is particularly common in the northeast part of the county where hauling distances are longer. If it is related to roads it is included in the existing exception. 23-4-340 & 350 Add Industrial Zone District(Landscape) Performance Standards Michael Miller stated he does not like the language consisting of "no more than 30 days a year." The language would remain and the highlighted would be added to the paragraph. Mr. Miller suggest option 2 because it is in addition not substituting. Mr. Miller stated that option 2 does not limit the yards of material. 25thousand yards of material in a mining operation is substantial especially to the surrounding property owners. Mr. Morrison stated that 25thousand cubic yards is typically 2 acres of disturbed area, there could be 4 or 5 years of disturbance under a 110 permit and the potential for a second permit next to it. There is the potential for disturbance.A way to partially deal with this is to have a road improvement agreement. Mr. Miller stated that the second addition to the paragraph is directed at rancher who wants to dig a hold and provide gravel on a limited basis. Mr. Morrison stated that option B could be 5 times the amount. Mr. Miller thinks that in option 1 with the reference to 30 days and limit the amount to no more than 5 thousand yards of material a year. It is considered a commercial operation if 25 thousand yards of material are removed in a year. Mr. Morrison stated it is commercial to get 110 permit but if it is a side business or a main on is the determining factor. Mr. Miller stated that if this is aimed at a rancher that wants to dig out of his pit for his purpose than it should be limited. Mr.Morrison stated that if they are doing it on their own property they would be exempt but not if they were to provide it to their neighbors. Mr. Fitzgerald suggested proposing a third option. Mr. Miller stated that if material is being removed permits from the Division of Minerals and Geology will be required. The 110 permit is limited to 10 acres or less with regard to amount of disturbance. The operation can go for some duration. The operation could last for an extended period of time and only affect 10 acres but be 60 feet deep. Robert Anderson indicated that a sentence be added to option 2 that states"an improvements agreement is determined by the Department of Public Works maybe required prior to the commencement of operations." The issue is on the public rights of way and this should cover this. Mr. Miller suggest adding the language proposed and the limiting of material to 5 thousand cubic yards a year to option 2. James Rohn moved to amend option 2 and included in the resolution. Bruce Fitzgerald seconded. Motion carried. Mr. Morrison indicated that the term"obsolete"subdivision needs to be modified. Mr. Morrison indicated that "obsolete" subdivision means something within the law. It means one that is not up to current standards in terms of design or conditions. Monica Mika stated the BCC wanted a different term. The concern is that obsolete was derogatory and they did not want it to apply uniformly. The Pre 1972 was deemed because the majority of the subdivisions this describes were done prior to 1972. Mr.Morrison stated that the only issue is that subdivisions created in 1982 could not be up to standards or conditions. Mr.Miller believes that obsolete is the shortest and most accurate way to describe a subdivision. Mr. Fitzgerald stated the subdivision was basically not up to current code. There would be no need for anything other than "not up to current code." Mr. Morrison stated the talk was Page -11- subdivisions being out of variance technically. Mr. Morrison indicated that the word obsolete is a description that other county governments would understand and is accepted. There are other connotations that could go along with the other words suggested. James Rohn moved that Weld County Code Changes,be forwarded to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval. Stephan Mokray seconded the motion. The Chair asked the secretary to poll the members of the Planning Commission for their decision. Stephan Mokray, yes; Michael Miller, yes; Bryant Gimlin, yes; Bruce Fitzgerald, yes; James Rohn, yes; Bernie Ruesgen, yes. Motion carried unanimously. Meeting adjourned at 5:00pm Respectfully submitted Voneen Macklin Secretary Page -12- ( * WIiDc. MEMORANDUM COLORADO TO: PLANNING COMMISSION, BOARD OF COUNTY COMMISSIONERS FROM: DEPARTMENT OF PLANNING SERVICES SUBJ: SUMMARY OUTLINE OF CODE CHANGES DATE: September 3, 2002 1. 23-3-20.T. Uses by Right/Animal Boarding and Training Facilities- Amend Definition 2. 23-3-40.B.10. Uses by Special Review -Amend Definition by deletion of trips per day 3. 23-2-50.D.2. Correction of Map dimensions (24X36 V 8.5X11) 4. 24-5-10 Correction of typographic error(3)V (2) 5. 23-3-440 Correction of typographic error(8)V (80) 6. 23-3-40 Addition of Semi-Trailers & Cargo Containers as a USR, re-letter 7. 23-4-160 Additional of Semi-Trailers to MOBILE HOME permitting section 8. 23-4-190 Addition of Manufactured Structure to Temporary Accessory Use as an Office 9. 23-1-90 Addition of property owner or tenant link to vehicles in Non Commercial Junkyard 10. 23-1-90 Delete Semi-Trailers from definition of STRUCTURE 11. 23-1-90 Add Definition - COMMERCIAL VEHICLE 12. 23-1-90 Amend Definition of MOBILE HOME by deletion of "required utilities" language 13. 23-3-30.A Addition of language-exempting converted,dismantled,modified, altered or refurbished Mobile Home as Accessory/Ag Exempt Structure 23-3-30.B Addition of language-exempting converted,dismantled,modified,altered or refurbished Mobile Home as Accessory/Ag Exempt Building 14. 29-3-100 Remove existing Definition MANUFACTURED STRUCTURE and replace 15. 27-2-170 Delete Public Water Systems replace w/PUD's, add "including wells" 16. 23-1-90 Add Definitions- CONSTRUCTION TRAILER & SALES TRAILER 17. 27-2-20 Replaced Director of DPS with DPW regarding Paving Waiver and correct five (5)with nine (9) lots in Access Standards 18. Append 24 Design Guidelines for New Road Construction(Pavement Type Column Replace the word Cravcl with Asphalt(Pavement)in (Section Line Roads 1 & Rural Subdivisions Rows) 19. 29-1-20 Add Definition MANUFACTURED STRUCTURE 20. 24-1-40 Correction to Non Urban Scale Development- Nine (9)V five (5) 21. 26-2-60.6.1. Addition of¶ d. Those uses which were legally created prior to the PUD requirement and located on a single legally created lot. 22. 24-8-70 Amend language to require Survey of both lots of a Recorded Exemption 23. Append 26 Add PUD Plat Certificates 24. 23-4-130, Amend Supplemental District Regulations - Mobile Homes to 170, 190 & 220 Update Mobile Home Permit application process/requirements 25. NEC Adopt 2002 National Electrical Code with amendments 26. 23-1-90 Add Definition -COMMERCIAL TOWER 27. 23-4-800 Addition of new Section COMMERCIAL TOWERS(Promotes Co-Location & Stealth Towers, reduces visual impact of Towers, Tower height will be limited by setback not a specific minimum height, IE. 70',) 28. Chapter 23 Correct Section Definitions and references to Towers to comply with new section 23-4-80 29. Chapter 24, Article V, Resubdivisions Section - Repeal and reenact entire section (no major changes-section rewritten to be more user friendly) 30. 23-2-260.D.4.a. Correction of Vicinity Map scale (2000'V 600') 31. Chapter24,Article VIII, Exemptions Section-Repeal and reenact entire section (no major changes -section rewritten to be more user friendly) 32. Add th requirement of a Port-a-Potty to all Building Permit Applications 33. Delete Weld County Transportation Plan Map#3 Comprehensive Plan Reference all Transportation issues to Roadway Classification Plan 34. Sec 23-2-40.E. Adopt Electronic Zoning Layer as Official Zoning Map of Weld County 1year updates (Change 23-2-40.E. from 5 to 1 year) 35. Chapter 24,Article VI Conformance requirements-Add new section Sec. 24-6-60. Location/Site Improvements Certificate 36. 24-1-40 Definitions Add Definition -Obsolete Subdivision (Discuss use of the word Obsolete) 37. 23-3-330.D. Add#5 Oil and Gas Support and Service 38. 29-3-20.6.13 Allow Water for Ag Exempt Buildings 39. 23-3-20 110 permit Borrow Pit allowance 40. 23-4-340 & 350 Add Industrial Zone District (Landscape) Performance Standards 2 At'atr. 111k. MEMORANDUM COLORADO TO: Weld County Planning Commission, Board of County Commissioners FROM: Department of Planning Services SUBJ: Recommended Code Changes DATE: September 3, 2002 1. Uses allowed by right. Sec 23-3-20.T. (Delete Strikeout portion) 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 is less than sixty (GO)trips per day to and from the property. 2. Uses by special review. Sec 23-3-40.6.10 (Add highlighted area to maintain consistency with 23-3-20.T.) ANIMAL boardin. and animal training facilities ;Fr , , mask ci 'ill"" e� rt ayy 'Ay> , dX g,y,il, • .t • 3. Sec 23-2-50 D.2. Application requirements for Change of Zone (Correction) The dimensions of the ma. shall be inches high., �i; '«�� a , � I s,`l�=�(�w�� L L: 4. Sec. 24-5-10. Article V Resubdivision Purpose/ 2nd Sentence, 1' Paragraph (Correction) The Resubdivision section describes three (2) procedures for proposing changes to lots, lot lines, streets, areas reserved for public use and utility and drainage easements. 5. Sec 23-3-440. Bulk requirements (Correction) Maximum number of animal units : one (1) per acre, not to exceed eight(80)M animal units per lot. 6. Sec. 23-3-40 Uses by Special Review (Addition of a new Use by Special Review/re-letter existing "U." to "V." ) 1 n:l, l . .Ip I'I 'l • - ii ,' _..':I'. •,i . fir r I i .'I 1 I! ',.,I. . 41" in!'� }hi _h fll I lIM .IF`�G, 7. Sec. 23-4-160 (Add the highlighted language) A zoning permit for the TEMPORARY storage of a MOBILE HOME not including the stora•e of goods inside the UNIT ;.,; !: • on a LOT in the A Zone District may be issued by the Department of Planning Services subject to the following provisions: A. The applicant must obtain a building •ermit for a MOBILE HOME 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 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 I ... .jil il I •si ISi'I nII IIr I11'1 a n on the land involved. D. Onl one 1 zoning .ermit for TEMPORARY storage of a MOBILE HOME 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 zonin• •ermit for the TEMPORARY storage of a MOBILE HOME 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. 2 F. Azonin. .ermit for TEMPORARY stora.eofa MOBILE HOME 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 zoninc permit for TEMPORARY stora.e of a MOBILE HOME 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 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. (Weld County Codification Ordinance 2000-1) 8. Sec 23-4-190 (Add the highlighted language) A. One (1) MOBILE HOME in the A 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 is necessary for the effective and economic operation of the principal USE. 2. The MOBILE HOME , , , f, will not be used for residential purposes. 3. Ade.uate water and sewa.e disposal facilities can be made available to the MOBILE HOME 4. No reasonable alternative is available to the applicant for an OFFICE USE. 5. The MOBILE HOME is not the first MOBILE HOME on the parcel of land. Where the MOBILE HOME will 3 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 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 as an accessory OFFICE unit in the A 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 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 as 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. 9. Sec 23-1-90 NONCOMMERCIAL JUNKYARD (Add highlighted language) 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 ma also include the storage or keeping of DERELICT VEHICLES 4 *�1�Iti ? 1n ", "" the NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT properties and public rights-of-way. 10. Sec 23-1-90 Structure (Delete Strikeout Portion) 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 fences or walls used as fences less than six(6)feet in height, 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 or not operable or illcgal to be used on public road rights of way, which are not liccnscd, Shall be considered STRUCTURES in accordance with this definition,shall comply with requirements set forth in this Chapter, including required zoning SETBACKS and OrrSETS, and shall be installed in accordance with the requirements set forth in Chapter 29 of this Code. 11. Sec. 23-1-90 Definitions (Add to Definitions) a� i�+ I �4 kt 7 "`t»#�Au i11 i F' ..i w§'n � ry n tl i si ,rt�•'�5 �� If�,I i c ' Y�x� t�„t ��'}� ttt`'�7�'�pi i � I i T} t ��fcr tw• Ala� r�,a,a ' it P nit fl. V,�+, I" { ' }'a rcp., • �'P �` " a Ixq� •i }•j• EsP `�, its 9• .t{ It I ,'• Iia u. �' � �ha � � t ��"��a tl ant rx {i• tPo '7 f pit 3 { all 9 , `�₹ttfw"i � i' { � .:i •IItlr', , e ` } w E sad I ' .� �,Y�� 12. Sec. 23-1-90 Definitions (Change of wording) MOBILE HOME: A transportable STRUCTURE which exceeds either ei ht 8 feet in width or thirt -two 32 feet in len•th I -built on a chassis and • it= .•- , ® designed ' ,?' 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 • I a• a �.n:`rf, • , ,,,• • I shall not be allowed to deteriorate to the condition of a DERELICT MOBILE HOME. A Mobile Home .z, t� .I shall not be utilized as an AGRICULTURALLY EXEMPT BUILDING or as a Temporary Structure for Storage. 5 Sec. 23-1-90 Definitions (Correction) MANUFACTURED HOME DEFINITION Change the word "practically" to "partially" 13. Section 23-3-30.A (Add for consistency with 23-1-90) A. STRUCTURES for stora.e of e.ui.ment and a.ricultural .roducts. I B. BUILDINGS for confinement or .rotection of LIVESTOCK within the limitations defined in Section 23-3-50 below. 14. Section 29-3-100 (Remove existing definition and replace with below for consistency with 23-1-90) 15. Sec 27-2-170 (Delete strikeout and add highlighted text) Public Water sy3tcros serving PUDs must be capable of meeting state drinking water regulations (Colorado Primary Drinking Water Regulations)and have ade uateprovisions for a three-hundred-year supply of water. Public w Water systems, �, 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. 16. Sec 23-1-90 Definitions (Add Definitions) t. 6 ? r ahi: p x }5::r t i ',Ili` xIi.{� R ( { I n 11 5� ' ' ; pF& %yd. l 3 tt J L €F F- ,i six Y id },�;.�{ �q # F§ •Al ' 1' -� 1`n I �a Hst� =�FFY�y" 17. Sec 27-2-20 Access standards (Replace Strike out and replace with highlighted material) All PUD developments will be served by an internally paved road system according to County standards. An exce.tion to paving may be granted by the Director of Planning Services Board of County Commissioners for residential PUDs of five (5) 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. 18. Appendix 24-D, Design Guidelines for New Road Construction(Pavement Type Column) Replace the word Gravel with ° .% r =Cai in (Section Line Roads & Rural Subdivisions Rows) 19. Chapter 29, Sec 29-1-20, Definitions (Add to Definitions) .R.e 20. Chapter 24, Sec 24-1-40, Definitions (Correction) Nonurban Scale Development: Developments comprised of five (5) should read lots or less . . . . 21. Section 26-2-60.B1. PUD Districts in the MUD (Addition of¶d.) d. Those uses which were legally created prior to the PUD requirement and located on a single legally created lot. 22. Section 24-8-70. Recorded exemption plat. (Delete strikeout portions) F. The plat and legal description shall include all contiguous land owned by the applicant Of as provided in accordance with Section 24-8-80 C of this Article. C. The plat need not show the bearings, lengths and curve data for any lot in cxccas of thirty five (35) acres created through a recorded exemption proccdurc, provided that the lot can be described without completing a boundary survey. Any lot to be created through a recorded 7 exemption procedure which is less than thirty-five (35) acres in 3izo shall show the bearings, lengths and curve data of the lot lines. If both lots to be created through a recorded exemption procedure are 1e33 than thirty five (35) acres, then the bearings, lengths and curve data shall be shown around the perimeter of both lots. A boundary survey shall be required around the perimeter of both lots. A boundary survey shall be required for any irregular shaped lot which does not have a natural boundary and cannot be accurately described without standards for land surveys and plats in Title 38, Article 51, E.R.S. I. The plat shall include an accurate drawing of treinapproved lots. 1. Two-lot recorded exemption. The smaller parcel shall be designated Lot A and the larger arcel Lot B. The acreage for Lots A and B shall be given. The acreage for St — A shall be accurately surveyed and the drawing shall include bearings, distances and curve data for all lines of Lot A, which shall be referenced to two (2) public land survey monuments of record. Lot B shall also be surveyed, if required by Subsection C above, unless it i3 thirty five (35) acres or greater and the approximate dimensions for the boundary of Lot B can be given. Existing public rights-of-way providing access to both lots shall be shown. 2. Three-lot recorded exemption. The two (2 smaller parcels shall be designated Lot A and Lot B. The acreage for Lot A and Lot shall be accurately surveyed and the drawing shall include bearings, distances and curve data for all lines of Lot A and Lot B, which shall be referenced to two (2) public land survey monuments of record. The one (1) larger parcel shall be designated Lot C. Lot C shall a13o be surveyed, if required by Subsection C above, unless the approximate dimensions for the boundary of Lot C can be given. Existing public rights-of-way providing access to all lots shall be shown. 23. Appendix 26-P (Addition of Appendix P - PUD Plat Certificates) The following certificate blocks shall appear on the plat(as applicable): Surveying Certificate: I, , 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 rules,regulations,and laws of the State of Colorado,State Board of Registration for Professional Engineers and Professional Land Surveyors,and Weld County. By: Registered Land Surveyor Date Colorado Registration# 8 Certificate of Dedication,Ownership,and Maintenance: Know all men by those present that being the Owner(s), Mortgagee or 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 A.D.,20 (Typed name of signature for Owner, Mortgagee,or Lienholder) State of Colorado ) )ss. County 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 Property Owner's 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 uses by special review. Signature Signature (Typed or printed name) (Typed or printed name) State of Colorado ) )ss. County 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 9 Certificate of Approval by the County 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 Commissioners ATTEST: Weld County Clerk to the Board By: Deputy Clerk to the Board Date 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. Director,Department of Planning Services State of Colorado ) )ss. County of Weld The foregoing certification was acknowledged before me this day of A.D.,20 My Commission expires _ Witness my hand and seal Notary Public 24. Chapter 23, Article IV, Supplemental District Regulations, Division 3, Mobile Homes. (Update Application requirements, Additions and Deletions) Sec 23-4-130 Permit requirements. 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 •ro•ert the surface estate within five hundred (500) feet of the property Ci„4,:, [.. subject to the application. The source of such list shall be the records of the County 10 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) fect of the subject property supporting the location of the MOBILE I IOME. K. Notification responses of at least thirty percent(30%)of surrounding property owners within five hundred (500)feet of the subject property in opposition to the location of the MOBILE HOME. L. Completed Building Permit application for a MOBILE HOME. (Weld County Codification Ordinance 2000 1; Weld County Code Ordinance 2001-1) Section 23-4-140 Mobile Homes in the A Zone District (Add to current Section) Upon determination of the Department of Planning Services, The Zoning Permit shall not be transferrable by the applicant and/or owner to any successor: the Zoning Permit shall terminate automatically upon conveyance or lease of the property. The MOBILE HOME shall be removed from the property or a new Zoning Permit shall be applied for and approved. Sec. 23-4-170. Temporary accessory farm use. A. o)�ii,Id Jul hl 0rI, ' - ;rli{-1 T } ,IT "a'At i�'�� f•Olt; g',!;'41.;;;(4 44t, t, =bin NI ; 11114till°'� 1�, 1. e® . Iaf �Q�q1lP yyt. ¢¢d . a fl�° e. ® ,'�. 4O1: One (1) MOBILE I IOME may be permitted in the A(Agricultural)Zone District as an ACCESSORY farm USE upon a determination by the Department of Planning Services 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 !.t }I O� j4 � til: by the first of each year for review and acceptance by the Department of Planning Services verifying that the MOBILE HOME occupant is principally employed at or engaged in the farmin. operation on the subject property. The evidence may consist of tax records v. ' , 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. Sec. 23-4-190. Temporary accessory use as office. A s' it a3. hi. . . :[: One (1) MOBILE HOME in 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: 11 Sec. 23-4-220.Mobile homes in C or I Zone District. A. ��: ',��: ,'.' :i; °» One (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: Sec. 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 IOM[. B. 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 signed the notification have objections to the issuance of a zoning permit for the MOBILE HOME. Any notice not received within twenty one (21) days shall be deemed a positive response of said request. C. If the Department of Planning Services receives notifications applicant is unable to obtain a petition in opposition of the issuance of a zoning permit for a MOBILE HOME of thirty percent (30%) or more of the people's signatures owning property within five hundred (500) feet of the property on which the MOBILE HOME is proposed to be located, the Board of County Commissioners shall consider the zoning permit for the MOBILE HOME in a public hearing in accordance with the provisions of this Chapter. 25. Adopt 2002 National Electrical Code with amendments (ensures compliance with State of Colorado's adoption of said code) Sec. 29-2-40. National Electrical Code. The publication of the National Fire Protection Association, known as the National Electrical Code, 1999 2002 Edition, NFPA No. 70-1009, 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: 12 A. Add section 110-2(a): 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) 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." C. Add Section 230-70(a), 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), 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 250-50 250.50 to read: "If available on the premises at each building or structure served, each item (a) through (d) below,and any made cicctrodes in accordance with Sections 250-52©and(d),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 G4(a), (b) and(c), 250.53©shall be sized in accordance with Section 250-66, 250.66 and shall be connected in the manner specified in Section 250-70 250.70." F. Add Section 250-50, Exceptioh after the first paragraph of Section 250-50. 250.5Z 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(k): 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.)" 13 H. Add Section 300-5(k)(1): 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." I. Add Section II' 12(a). 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 430 152. 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 C." Part Ill J. Add Section 511-3(b) fine Prii,t Note (rf N). Add the following sentence to Section 511.3(B): "The areas described in 511-3(a)and (b) 511.3(A)and(B) shall also apply to private garages as defined by the UBC." 26. Sec. 23-1-90 Definitions (Add to Definitions) Sec 23-1-90 iBl"+Ii'il ti;4[14 ioi L iliovi"izi. o �-si,:6,,i.k.Dti II ii„w" 4 `sir 'tsariii J •i k,r,io a k IiiiiitaW pv iof47wY ala iL+ tflr-p rcviii4imremnx. q;:(A lilri,.:iri'ff"' b' � oi' ti FAR Iiiglit sYmjlm 1�4"46 27. Article IV Supplemental District Regulations (Add to Table of Contents and Body) Ri k. ,! �Id d19kdh ?7etli'I0 t ±Ej ', ^a! :, ra p�:(S"a@�b� .aals it YrlSi I'f ,�,,,., ® e e..„,: • ,.. . • a i.,5 •:....:..:,,,,,.......:.....,...4,...........H.,.........-- . Imo .: . III- l loll#e a g 1as •••••••-•-•••-•-•••••—••••• da ab } fl Pia$ igPI;fna�;!l&° '.11y }}�� 4q°:�`"yyA tYr l.•lud i',#y lx#3ii(!p� '��'4{—Au'i A',ar719, p1a�1• liir-1-II7i ,'1,"if ,4Y :1-V"I1 ad'I '• „,. .aid n .a.!¢fi 4 crOii II'Wlllb tl41sa C'.�,Ji lijk A ii .I{: .t.' 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However,this does not apply to generators used in emergency situations where the regular 17 power supply for a facility is temporarily interrupted. It also does not apply to air conditioners or noise made during regular maintenance and upkeep of the facility and site. Sec. 23-4-840. Base or Accessory Site design A. Screening and landscaping appropriate to the context of the site and in harmony with the character of the surrounding environment is required when any part of the facility is visible from public rights-of-way or 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. B. Existing vegetation and grades on the site should be improved or preserved to the extent possible. C. Signage at the site is limited to non-illuminated warning and equipment identification signs. This does not apply to concealed antennas incorporated into freestanding 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-Location 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 for 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 not impair the structural integrity of the tower or cause interference; or 2. The tower owner modifies the structure in a way to make co-location impractical or impossible. 18 3. If approval is revoked, the facility must be removed at the owners expense. E. Addition of equipment for co-location of subsequent Commercial Tower providers on existing antenna towers and sites does not require the Special Use Review process if the tower height remains unchanged. Addition of equipment for co-location of subsequent Commercial Tower providers on existing legal, non-conforming antenna towers is not considered a non- conforming use expansion and is exempt from Article VII of the Weld County Code if the tower height remains unchanged. Sec 23-4-860. Abandonment. If the Use by Special Review has not commenced within three (3) years from the date of approval or is discontinued for a 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. If the use is revoked, it shall be necessary to follow the procedures and requirements of this Section in order to reestablish any subsequent Use 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 the facility 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 23-4-870. Application A. Application Contents. In addition to requirements outlined in Article II, Division 3-5 of the Weld County Code, applications for administrative or Special Use Review approval of proposed Commercial Tower facilities,and additions or modifications to existing facilities,must include the following: 1. A Site Plan showing the location and legal description of the site; on-site land uses and zoning; adjacent roadways; parking and access; areas of vegetation and landscaping to be added, retained, replaced or removed;setbacks from property lines; and the location of the facility, including all related improvements, buildings and equipment. 2. A vicinity map showing adjacent properties, general land uses, zoning and roadways: a. Within 100 feet of a proposed attached antenna site; 19 b. Within a distance of one mile of a proposed concealed antenna, temporary antenna tower or micro-cell antenna tower site; and c. Within a distance of one mile of a proposed antenna tower site. 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. 4. 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 Services requests 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 or 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 and screening, if applicable. 9. A letter of intent to allow co-location on the antenna tower 10. 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. 20 Sec 23-4-880. Application Review A. Administrative Review. Applications for proposed Commercial Tower facilities requiring administrative review must comply with site plan review procedures as outlined in Section 23-2-160 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 an 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 the facility is approved through the administrative, Planning Commission or Special Use Review process. Sec 23-4-890. Information Request A. System Information. A Commercial Tower provider will meet with the Department of Planning Services to furnish information about the proposed system design. B. Information Sharing. The Planning Department may share information with other interested parties seeking to locate Commercial Tower facilities in Weld County in an effort to promote co-location and co-development of facilities. skic Sec 23-4-900. Definitions {), 3 - 3 -`ANTENNA. 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 or television towers or transmitters. ANTENNA,ATTACHED.An antenna mounted on an existing building, silo, smokestack,water tower, utility or power pole or a support structure other than an antenna tower. ANTENNA, CONCEALED. An antenna 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. Examples of concealed antennas include man-made trees, clock towers, flag poles, light structures, steeples and similar objects. 21 ANTENNA SETBACK. The distance between a property line and 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 and constructed primarily to support antennas and transmitting and receiving equipment. ANTENNA TOWER HEIGHT.The distance from the finished grade at the antenna tower base to the highest point of the tower. Overall antenna tower height includes the base pad, mounting structures and panel antennas but excludes lightning rods and whip antennas. CO-LOCATION. 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. 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. 28. Strikeout and Replace Sec 23-3-20. U. One (1) microwave, radio, television or other communication of. if,tHowever,ahile-in- while-if-an . amateur(HAM) radio operator's crank-up antenna may be extended to a maximum of one hundred fifty (150) feet in height, provided that its resting or"down" position does not exceed seventy(70)feet in height. More than one (1) tower may be permitted as a USE by special review. Sec 23-3-40.K., 23-3-220.D.1., 23-3-230.D.1., 23-3-310.C.7., 23-3-310.D.3., �Per � Y I Sec 23-3-200.E., 23-3-220.E., 23-3-230.E., 23-3-240.E., 23-3-310.E., 23-3-320.E., 23-3- 330.E. Add to end of paragraph Sec 23-3-220.D.6., 23-3-310.D.4., Delete 6.- More than one (1)microwave, COMMERCIAL radio,television or other communication t,a {{iasn n or relay towcr per LOT. 22 Sec 23-3-200.D.2., 23-3-240.D.1.,23-3-320.D.3., 23-3-320.D.3., 23-3-330.D.2., Delete 1.- Microwave, radio, television or other communication towers ovcr forty-five (45)feet in height (mea3ured from ground level). 29. Chapter 24, Article V, Resubdivisions ARTICLE V Resubdivisions 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 an regulations controlling subdivisions. The Resubdivision section describes three (2) procedures for proposing changes to lots, lot lines, streets areas reserved for •ublic use and utility and drainage easements. The miner Resubdivision w fps 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. Minor Resubdivision The miner Resubdivision process ,a , •ermits the vacation of certain roads, streets or alleys. A minor Resubdivision rte, - 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 •rocedure described in Section 24-5-40. The miner Resubdivision t#z; _, �.;< '; process shall 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 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 followin• information shall be submitted as part of the miner Resubdivision application: 1. An application form provided by the Planner 2. A certified list of the names, addresses and the corresponding parcel identification 23 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 compan or an attorney. If the list was assembled from the records of the County Assessor, the 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 resubdivision u map requirements. a. The dimensions of the minor Resubdivision map shall be twenty-four (24) inches by thirty-six (36) inches or eighteen (18) inches by twenty-four(24) inches. b. '7� Np; D ' #�� 3 �� _ The minor Resubdivision ma• shall be drawn at a ouitable scale . 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. F. Minor Resubdivision „ru : ;+: review procedure. 1. U.on recei•t of a com•lete minor Resubdivision application, the Planner will schedule the request before the Board , , uui r` the event a utility easement is affected, ' da s In Planner hall schedule the request on the first the fit . .��`� ��,�� „ ��a��, available Utilities Coordinating Advisory Committee meeting before presenting the request to the Board. 2. The Planner shall give notice of the application for a miner Resubdivision 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 NEM . The recommendation shall address all aspects of the application, including its conformance to Subsections A through D above. 4. The Board , . . shall consider all aspects of the application, including its conformance to Subsections A throu•h D above, and the recommendation from the Planner ,,_ If the 24 Board approves the request, a copy of the application and sketch shall be kept on file .. 35� Sec. 24-5-30. Resubdivision for changes 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 followin ® shall be submitted as part of the Resubdivision process for let only: 1. An application form provided by the rlanne 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 fce owner, a letter granting power of attorney to the agent from the property owner shall be {..• . ° .Rai' 0':6 ,`. as='. _ {�ya. t iH `y33i ;; r .�;,U >>� 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 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 - a this Chapter. C. Review procedures for resubdivisions, lot lines only. 1. Uion receist of a complete Resubdivision application, the rlanner will schedule the request before the Board within thirty(30) days. 2. In the event a utility easement is affected, the rlanner shall schedule the Resubdivision request on the first available Utilities 25 Coordinatin. Adviso Committee meeting before presenting the request to the Board 3. The Planner shall prepare a recommendation for use b the Board . The recommendation shall address J 2 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. 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 dctermine3 the rcquc3t complies with the applicable requirements, it shall endorse the Resubdivision plat a3 provided in Section 24-4-40 C of this Chapter.• Yi JHH flSt 1 i5b -6 t�:l 'x �,.. .,f , V.Y ':;I ti Sec. 24-5-40. •.<< Redesign, addition or vacation. A. A Resubdivision process 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 appropriate referral agencies and notify the Clerk to the Board to schedule a Board hearing date not more than sixty (60) days after the complete application has bccn submitted. The Resubdivision utility map and plat shall show only the property under consideration for the Resubdivision. If an application requirement is not applicable to the proposed Resubdivision, it may be waivcd by the Planner. B I. In addition to the requirements of Article IV , the following application information shall be submitted: 26 A Resubdivision application form provided by the Planner This replaces the final plat application form. z�. 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�. A copy of the recorded final plat. 4.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. Sfl s E I. A Resubdivision application shall be processed and reviewed by the Planner and Board in accordance with Sections 24-4-40.E and F of this Chapter. Ii ``7 , s�� ro : �;•.Pt vl � � �€,.: t .I 'd a4r aez ��14 ., Ts . 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.- 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 oubd;viaivi r Sec. 24-5-50. Correction plat. The Board may,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. 27 30. Sec 23-2-260.D.4.a. Change of Vicinity Map scale ( V 600') (Correction) The scale of the map shall be one (1) inch equals -• • • -• ••• «.a or at another suitable scale if approved by the Department of Planning Services. 31. Chapter 24, Article VIII, Exemptions (Repeal and reenact the following) Sec. 24-8-10. Exemption fromfdefinition. A. The Board hereby determines 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 exempt from the definition of subdivision or subdivided land and from following the complete regulations, requirements and procedures set forth in this Chapter. The land divisions shall follow the procedures in this Article. Exemptions approved pursuant to this Article shall be referred to as recorded exemptions and subdivision exemptions. B. Owners of land are eligible to apply for an exemption only when at least one (1) of the resulting parcels would be less than thirty-five (35) acres in size. C. No lot which is part of an approved subdivision plat or any map or plan providing for lots or parcels of less than 35 acres 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 exemption procedures. Such platted lots may only be resubdivided or changed by utilizing the applicable resubdivision process. Sec. 24-8-20. Recorded exemption. A. The recorded exemption is a subdivision process used to 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) years, 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 recorded exemption which was recorded after October 25, 1995. This shall be in accordance with Article III, Section 3-14(2) of the Home 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. 2. The three-lot recorded exemption application shall include the total contiguous land 28 ownership equal to no less than one hundred sixty (160) acres, or is a parcel otherwise recognized 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. When a contiguous ownership equals two or more parcels created prior to the initiation of subdivision regulations, a single parcel may be used in the recorded exemption application. Sec. 24-8-30. Subdivision exemption. A. The subdivision exemption is intended for the following four (4) purposes: 1. Division of a parcel of interest in a parcel which does not result in the creation of a new residential or permanent building site. The subdivision exemption may be utilized in conjunction with a recorded exemption to separate one (1) additional existing habitable residence with accessory outbuildings from any of the recorded exemption parcels providing: a) A minimum of two (2) habitable residential improvements are required. b) The residential use of the improvements must be continuous with any gap in use being less than one year. c) The residential improvements must 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 improvements. e) No more than one (1) subdivision exemption for this purpose may be submitted with a recorded exemption application. f) The applicant is only eligible to apply for a 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 creation of lots for the purpose of financing. a) Lots created for the purpose of mortgaging a dwelling unit shall not result in the creation of a lot to be sold separately. Upon termination of the mortgage arrangement, the lot shall cease to exist. b) Foreclosure of the parcel created for financing purposes shall not create a separate legal parcel unless the process described in Section 24-1-40, SUBDIVISION or SUBDIVIDED LAND. b. has been followed. 4. For the temporary use of a parcel for public utility facilities. Sec. 24-8-40. Exemption standards. 29 An exemption application shall comply with all of the following standards: A. The water supply for all proposed lots is adequate in terms of quality, quantity and dependability. B. An adequate sewer service is available to serve the uses permitted on all proposed lots. The sewer service shall comply with the requirements of the applicable zone district and the Department of Public Health and Environment. C. An access is, or can be made available, that provides for safe ingress and egress to a public road. All accesses shall be in accordance with Chapter 8, Article II of this Code. 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 from the Colorado Department of Transportation. 2. New residential driveways to an arterial will be provided only when no 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 V of this Code. E. The proposal is consistent with the policies and goals of 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. H. The proposal is compatible with the existing surrounding land uses. I. The proposal is consistent with the intent of the zone district the exemption is located within as expressed in Chapter 23 of this Code. J. The proposal is consistent with sound land use planning practices. K. The proposal is consistent with the Statement of Purpose as expressed in Section 24-1- 30 of this Chapter. 1. The approval of an exemption may be conditioned or restricted to carry out the intent of Section 24-1-30 of this Chapter or to mitigate impacts or address concerns of referral agencies. Conditions and restrictions may include, but are not limited to, designation of building envelopes, creation of conservation easements or other legal mechanisms to encourage agricultural production on the parcels and to maintain irrigation water for the parcels, and the utilization of existing housing. Conditions of approval shall be met prior to recording the plat and restrictions may be enforced by means of notes on the plat. 30 2. The fact that the applicant has conveyed, within the last calendar year, land which would have been considered contiguous had it been retained, may be considered as evidence of an intent to evade the purpose provisions of Sections 24-1-30 and 24-8-20 of this Chapter. L. The minimum size of any lot proposed with a public water supply is not less than one (1) acre net. The minimum size of any lot proposed with a well as the water supply is not less than two and one-half (2 1/2) 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 apply to subdivision exemption lots created for the temporary use of a parcel for public utility facilities. M. The proposed recorded exemption is not part of a recorded exemption or subdivision exemption which was done in conjunction with a recorded exemption approved within the last ten(10)years unless the original exemptions had an application pending as of October 25, 1995. This provision shall not apply in any Commercial or Industrial Zone District. Sec. 24-8-50. Submittal requirements. The following information shall be completed and submitted to the Department of Planning Services as part of the exemption application: A. A recorded exemption or subdivision exemption application form provided by the Department Planning Services. 1. Signatures of all fee owners of property must sign the application or if an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included showing the signatory has legal authority of the partnership to sign for the corporation or partnership and that the corporation or partnership has the authority to do business in the State of Colorado. B. A copy of a deed or legal instrument identifying the applicant's interest in the property under consideration. C. A certificate of conveyances form provided by the Department of Planning Services and completed by a Title Insurance or Abstract Company. D. A detailed description of the request and its purpose and benefits. E. Evidence that a water supply of sufficient quality, quantity and dependability will be/is available to serve the proposed lots, if applicable. A letter from a water district or municipality or a well permit are examples of evidence for domestic use. F. A statement explaining that the proposed lots will / do have adequate means for the disposal of sewage in compliance with the requirements of the underlying zone district and the Department of Public Health and Environment,if applicable.An existing septic system permit(s) or a copy of a letter from a sanitation sewer district indicating existing service or availability of sewage disposal to each proposed lot are examples of evidence for domestic use. G. A description of how the property is being used. When the parcel is located in the agricultural zone district, the description shall include approximate acreage of prime and 31 nonprime farmland as defined in Chapter 22 of this Code, 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 well 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. I. A Weld County Road Access Information Sheet. J. A Statement of Taxes from the County Treasurer showing no delinquent taxes for the area referred to in the application materials. K. A statement describing the current irrigation practices occurring on 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 to protect irrigation practices, the flow of irrigation water, access to the irrigation system and name of ditch company(s). L. An exemption sketch map drawn on a sheet of paper eight and one-half (8'/) inches by eleven (11) inches. The sketch map shall be legible and include the following information: 1. The boundary of the proposed exemption property(ies). 2. The boundaries of the lot(s) being created or exchanged, and new parcels which will result upon approval of the request. 3. A north arrow. 4. The location of all existing and proposed driveways and accesses associated with the lot(s). 5. The name of any existing roads or highways abutting the proposed exemption property. 6. All existing structures on the proposed exemption property. This includes, but is not limited to, principal and labor homes, mobile homes, manufactured homes, outbuildings, pens, irrigation ditches, domestic wells, oil well production facilities and electrical transmission lines. 7. All easements or rights-of-way located on the proposed exemption property. 8. All unique physical characteristics of the proposed exemption property including, but not limited to,substantial groves of vegetation,severe topographical conditions,substantial irrigation canals and water bodies,CRP lands,floodplains,geohazard areas,airport zones. 9. Building envelopes shall be designated, if the applicant intends to designate a building envelope as a means of establishing compliance with the provisions of this Code, including but not limited to, Sections 24-1-30 A and 24-1-30 J. Sec. 24-8-60. Exemption plat. 32 An exemption plat shall be prepared after a application is approved and all conditions of approval have been met. The plat shall be submitted to the Department of Planning Services for recording in the office of the County Clerk and Recorder. The plat shall meet the following requirements: A. The plat shall be prepared by a registered professional land surveyor in the State of Colorado. B. The plat shall 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) millimeters 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. No plat submitted shall contain any form of stick-on-type material such as, but not limited to "sticky-back," adhesive film or kroy lettering tape. The drawing shall be at a scale of one (1) inch equals one-hundred (100)feet or(1) inch equals two-hundred (200) feet. Vicinity maps shall be at a minimum scale of (1) inch equals two-thousand (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 diazo-sensitized Mylar copy of the original ink drawing may be submitted. The material shall be at least three (3) millimeters or greater in thickness. D. The plat submitted will contain the original signatures and seals of all parties required to sign the plat. If a photo Mylar copy or diazo-sensitized Mylar copy is submitted, the original signatures and seals shall be contained thereon.All components, including signatures shall be made with nonfading permanent black ink. E. The plat shall include a complete and accurate legal description of the parcels being created or exchanged and new parcels which will result. F. Existing public rights-of-way providing access to the lot(s) shall be shown. G. The plat shall include a vicinity map. The map shall locate the exemption lot(s) with respect to adjacent roads and other major land features. H. The plat shall include an accurate drawing of all approved lots. 1. Recorded exemption. The smallest parcel shall be designated Lot A. For a two-lot recorded exemption the larger parcel shall be designated Lot B. For a three-lot recorded exemption the medium sized parcel shall be designated Lot B and the largest parcel shall be designated Lot C. The net and gross acreage for all lots shall be given. All lots shall be accurately surveyed and the drawing shall include bearings, distances and curve data for all lines of all lots, which shall 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 and after the exemption. I. All work shall comply with the requirements of Sections 38-50-101, 38-51-101, 38-51-102, 38-53-103 and 38-53-104, C.R.S. 33 J. All work shall comply with the requirements of the Bylaws and Rules of Procedure of the State Board of Registration for Professional Engineers and Professional Land Surveyors and the Rules of Professional Conduct of 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 Corner" 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 monument record 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 Chapter. Combine Appendixes 24 F & 24-G into a single appendix Sec. 24-8-70. Duties of Department of Planning Services and The Board of County Commissioners A. The Board delegates the authority and responsibility for processing and approving exemptions to the Department of Planning. The Department of Planning Services shall also have the responsibility of ensuring that all application submittal requirements are met prior to initiating any official action. Once a complete application is submitted, the Department of Planning Services shall send the application to referral agencies for review and comment. The agency shall respond within twenty-one (21) days after the application is mailed. The failure of any agency to respond within twenty-one (21) days may be deemed a favorable response. All referral agency review comments are considered recommendations to the County. The authority and responsibility for approval and denial of an exemption application rests with the County. B. The Department of Planning Services shall refer the application to any agencies or individuals whose review the Department of Planning Services or the Board of County Commissioners deems necessary. C. The Planner shall prepare a staff recommendation within forty-five (45) days of receipt of a complete application. The recommendation shall address all aspects of the application including, but not limited to, comments received from agencies to which the proposal was referred and the standards contained in this Article. D. When, 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 shall be scheduled before the Board. E. 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.1 through B.6 above. The Board's decision shall consider the recommendation of Planning Staff,referral agency responses,the application case file and facts presented at the public hearing. The Board shall approve the exemption application unless it finds the applicant has not met one (1) or more 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 34 required under Section 24-8-60 above 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. Sec. 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 County Clerk and Recorder's office to record the resolution. The Board shall also authorize the Chairman to sign the plat required in Section 24-8-70 below. Sec. 24-8-90. Exemption correction. A. The Board or Planner may, without a hearing or compliance with any of the submission, referral or review requirements of this Chapter, approve a correction to an exemption. The correction shall only address technical errors where such correction is consistent with the approved exemption. Technical errors include, but are not limited to, relocation of building envelopes if such relocation is consistent with the original intent of the approved exemption, correcting scrivener errors on the plat and correcting survey errors. An exemption plat in compliance with Section 24-8-60 shall be required. B. A reconfiguration correction may, without a hearing or compliance with any of the submission, referral or review requirements of this Chapter, be approved by the Board or Planner when the parcels of the existing exemption are reconfigured in 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 to a 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 for 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 amendments 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 for 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 for calculating compliance with the timing provisions of Section 24-8-80 H shall be the date of the most recent exemption associated with the parcel only in the following instances: A. Where 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 building site or changing the exterior boundary of the original recorded exemption or recorded exemption, subdivision exemption combination. B. Where previous approval of a recorded exemption included more than the minimum lot 35 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 to the limitations of Section 24-8-80 G of this Chapter. 32. Add the requirement of a Port-a-Potty to all Building Permit Applications 33. Delete Weld County Transportation Plan Map# 3 from Comprehensive Plan Reference all Transportation issues to Roadway Classification Plan 34.Adopt Electronic Zoning Layer (GIS) as Official Zoning Map of Weld County with 5 1 year updates per 23-2-40.E. 35. Chapter 24, Article VI Conformance requirements - Add new section Sec. 24-6-60. Location/Site Improvements Certificate Sec. 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 (Antiquated, Archaic, Dated, Outdated, Ambiguous, Abstruse ? ) 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. 36. 24-1-40 Definitions Add Definition - Obsolete (Antiquated, Archaic, Dated, Outdated, Ambiguous, Abstruse? ) 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. 37. Add OIL AND GAS SUPPORT AND SERVICE as allowed w/ a USR in the 1-3 District 38. 29-3-20 B.13. Add the highlighted language 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 pursuant to a Use by$pepiai Review for LIVESTOCK!CONPINEMENT OPERATIONS under§ 23-3-40 of the Weld County Code. a. Such buildings or structures shall meet the following requirement: The only tit allowed allowed are water for livestock watering and cleaning and electricity. structures containing plumbing fixtures which support l) ,,,,fi(7q itetigh ugh a$o stories, sinks, water closets o showers ere ,nct 4'dgpa)q( s, X Sthp Irom the permit regtl4ret'a'elt`*Sji olt ,i, ) tlt!I Although the building is structurally exempt from a building permit, an electricandrOdhibihg 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. 36 39. Section 23-3-20 Option 1(uses by right in the A-zone) R. Borrow pits used TEMPORARILY and exclusively for the completion of a PUBLIC road improvement project.. In addition, sand, soil and aggregate MINING, regardless of the use of the material,which qualifies for a year and generates no more than 25,000 cubic yards of material per year for off-site use, and does not involve crushing, screening or other processing Option 2(uses by right in the A-zone) R. Borrow pits used TEMPORARILY and exclusively for the completion of a PUBLIC road improvement project. In addition, sand, soil and aggregate MINING , regardless of the use of the material,which qualifies for a single limited impact operation ( a 110 permit) or is exempt from any permits from the Division of Minerals and Geology, generates no more than 5,000 cubic yards of material per year for off-site use and does not involve crushing, screening or other processing. An Improvements Agreement, as determined by the Weld County Department of Public Works, may be required prior to commencement of operations. 37 1�1 lURe MEMORANDUM COLORADO TO: Board of County Commissioners FROM: Department of Planning Services SUBJ: Additional Code Change (Home Occupation)and Correction (Section 27-8-50) DATE: 10/04/02 1. 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 @ i° g;!DWELLING UNIT'4:4:0111: 70*-pt.:17.r7ttil 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 USEDs = a« a 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 LOT or any STRUCTURE 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 non- illuminated 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 conducted in a SINGLE- FAMILY ATTACI IED DWELLING. ±lig a :. : a« ® u aas a• .. caa a '¢ a -ns a ' @ ♦a e a @ t a. z • z@aac -ss @ @ ..ase • @ -a aea @ @ o a@ a m - a AiltiOntetaa @ a :=a a a- - e -a m - av ARIA iiiim -@ . a o as i • K. - o ;g -`aa. ® ® Y 3 L'15:1N. Ordinarily, a HOME OCCUPATION shall not be interpreted to include the following: clinic, HOSPITAL, nursing home,animal hospital, HOTEL/MOTEL, RESTAURANT,mortuary,vehicle or boat repair(including painting),and organized classes where more than six(6)persons meet together for instruction on a regular basis (does not include classes sponsored by a PUBLIC SCHOOL). 2. The correction is to Section 27-8-50 failure to submit a final plan. For consistency with Section 23-2- 790.E. the word Two (2)should be corrected to read Three (3) Hello