HomeMy WebLinkAbout20023130.tiff 841
CORRECTED
ORDINANCE NO. 2002-9
IN THE MATTER OF REPEAL AND REENACT, WITH AMENDMENTS, CHAPTERS OF THE
WELD COUNTY CODE, SPECIFICALLY, CHAPTER 23 ZONING, CHAPTER 24
SUBDIVISIONS, CHAPTER 26 MIXED USE DEVELOPMENT, CHAPTER 27 PLANNED UNIT
DEVELOPMENT, AND CHAPTER 29 BUILDING REGULATIONS
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS, the Board of County Commissioners of the County of Weld, State of
Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with
the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted
Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld,
including the codification of all previously adopted ordinances of a general and permanent
nature enacted on or before said date of adoption, and
WHEREAS, the Director of Planning Services and County Attorney have recommended
certain revisions be made to the Weld County Code, and
WHEREAS, specific changes that have been recommended are located in Chapter 23
Zoning, Chapter 24 Subdivisions, Chapter 26, MUD, Chapter 27 PUD, and Chapter 29 Building
Regulations, and
WHEREAS, the Board of County Commissioners deems it advisable to repeal and
re-enact, with amendments, the specific Sections as listed.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado, that various Sections of the Weld County Code be, and
hereby are, repealed and re-enacted, as follows.
CHAPTER 23
ZONING
Amend certain Definitions in Section 23-1-90:
HOME OCCUPATION: An incidental use of a DWELLING UNIT for gainful employment
of the resident therein, where:
a. Such USE is conducted entirely within a PRINCIPAL DWELLING UNIT
(excluding accessory parking of a single vehicle) 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.
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c. The total area USED inside the DWELLING UNIT 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 nonilluminated
and attached flat to the main STRUCTURE or visible through a window.
e. There is no exterior storage, display or sales of materials, goods, supplies or
equipment related to the operation of such HOME OCCUPATION nor of any
highly explosive or combustible materials.
f. There is no offensive noise, vibration, smoke, dust, odors, heat, glare or
electrical interference or other hazard or nuisance noticeable off the LOT.
g. A home occupation not located within an approved or recorded subdivision plat
or LOTS part of a map or plan filed prior to adoption of any regulations
controlling subdivisions may include accessory parking of a single vehicle which
must be primarily associated with a permitted home occupation. One car, truck,
delivery van, semi tractor and/or trailer, dump truck or similar type vehicle may
be included. This is not intended to include excavation equipment, cement
mixers, heavy equipment or similar types of generally unlicenced vehicles or
equipment. When parked on the site, the vehicle associated with the home
occupation must be reasonably concealed and appropriately screened from all
adjacent properties and public rights-of-way.
Ordinarily, a HOME OCCUPATION shall not be interpreted to include the following:
clinic, HOSPITAL, nursing home, animal hospital, 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).
MANUFACTURED HOME: A single-family dwelling which: is partially or entirely
manufactured in a factory; is not less than twenty-four (24)feet in width and thirty-six
(36)feet in length; is installed on an engineered permanent foundation in compliance
with ANSI A225.1-1987, Manufactured Home Installations, Appendix C; has brick, wood
or cosmetically equivalent exterior siding and a pitched roof; and is certified pursuant to
the National Manufactured Housing Construction and Safety Standards Act of 1974, 42
U.S.C. 5401 et seq., as amended. A MANUFACTURED (MOBILE) HOME shall not be
allowed to deteriorate to the condition of a DERELICT MANUFACTURED (MOBILE)
HOME.
MOBILE HOME: A transportable STRUCTURE which as originally built exceeds either
eight (8) feet in width or thirty-two (32) feet in length, was originally built on a chassis
and was originally 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 or MANUFACTURED HOME shall not be converted to any
USE other than a SINGLE FAMILY DWELLING and shall not be allowed to deteriorate
to the condition of a DERELICT MOBILE HOME. A MOBILE HOME or manufactured
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home, converted or in its original condition, shall not be used as an AGRICULTURALLY
EXEMPT BUILDING or as a TEMPORARY STRUCTURE for storage.
NONCOMMERCIAL JUNKYARD: An area where any waste,junk or used or
secondhand materials are stored or handled, including but not limited to scrap iron and
other metals, paper, rags, rubber tires, building materials and bottles. A
NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT
VEHICLES registered last or currently registered under the property owner and/or
tenant's name. This definition does not include COMMERCIAL VEHICLES. If the Zone
district allows, the NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a
BUILDING or STRUCTURE or visually SCREENED from all ADJACENT properties and
public rights-of-way.
STRUCTURE: Anything that is built, constructed or erected, an edifice or building of
any kind, or any piece of work artificially built up or composed of parts joined together in
some definite manner, but not including poles, lines, cables or distribution facilities of
public utilities.
Add certain definitions to Section 23-1-90:
ANTENNA. (This definition applies only when used in reference to Section 23-4-800.)
An exterior transmitting or receiving device used in telecommunications that radiates or
captures Commercial Tower signals. Antenna as used in this Section does not include
radio or television towers or transmitters.
ANTENNA, ATTACHED. (This definition applies only when used in reference to Section
23-4-800.) An antenna mounted on an existing building, silo, smokestack, water tower,
utility or power pole or a support structure other than an antenna tower.
ANTENNA, CONCEALED. (This definition applies only when used in reference to
Section 23-4-800.) 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.
ANTENNA SETBACK. (This definition applies only when used in reference to Section
234-800.) 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. (This definition applies only when used in reference to
Section 23-4-800.) 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. (This definition applies only when used in reference to Section 23-4-
800.) Locating wireless communications equipment for more than one Commercial
Tower provider on a single structure.
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COMMERCIAL TOWER: Telecommunications services including, but not limited to,
cellular telephone, personal communications service (PCS), specialized mobile radio
(SMR), enhanced specialized mobile radio (ESMR), paging, wireless Internet access.
COMMERCIAL TOWER FACILITY. (This definition applies only when used in reference
to Section 23-4-800.) The equipment, physical plant and portion of the property and/or
building used to provide Commercial Tower services. This includes but is not limited to
cables and wires, conduits, pedestals, antennas, towers, concealed structures,
electronic devices, equipment buildings and cabinets, landscaping, fencing, screening
and parking areas.
COMMERCIAL VEHICLE: Any vehicle, other than an automobile, used or previously
used to facilitate an activity where goods, products or services are bought, sold or
transferred in ownership on a fee, contract or barter basis excluding those uses listed by
right and accessory uses in the A (Agricultural) Zone District. A COMMERCIAL
VEHICLE, shall include, but is not limited to, semi trailers, dump trucks, construction
equipment, railroad cars and cargo containers. A COMMERCIAL VEHICLE shall not be
allowed to deteriorate to the condition of a DERELICT VEHICLE.
CONSTRUCTION TRAILER - a MANUFACTURED STRUCTURE or COMMERCIAL
VEHICLE used for an other than a TEMPORARY time period for office use or the
storage of construction related plans, supplies, equipment and related items to be
accessed exclusively by Construction personnel. CONSTRUCTION TRAILERS shall
comply with requirements set forth in this Chapter, including required zoning
SETBACKS and OFFSETS, and shall be installed in accordance with the requirements
set forth in Chapter 29 of this Code and adhere to the zoning permit requirements of
Section 23-4-190 of the Weld County Code. All CONSTRUCTION TRAILERS shall
demonstrate that water and sewage disposal facilities are available.
SALES TRAILER - a MANUFACTURED STRUCTURE used for an other than a
TEMPORARY time period for the sale or purchase of lots or homes in a
subdivision/development to be accessed by the general public. SALES TRAILERS shall
comply with requirements set forth in this Chapter, including required zoning
SETBACKS and OFFSETS, and shall be installed in accordance with the requirements
set forth in Chapter 29 of this Code and adhere to the zoning permit requirements of
Section 23-4-190 of the Weld County Code. All SALES TRAILERS shall demonstrate
that water and sewage disposal facilities are available. The maximum number of SALES
TRAILERS is limited to one (1) per Subdivision/ Development.
Amend Section 23-2-40.E to read:
The Board of County Commissioners shall adopt by resolution, every year, an updated
copy of the Official Weld County Zoning Map which includes the rezonings approved
since the last update.
Amend Section 23-2-50. Application requirements for Change of Zone.
D. A rezoning plat shall be submitted as part of the general application. If the
applicant elects the option provided in Subsection B.3 above, the rezoning plat
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will not be required until the certified boundary survey has been made. This map
shall be drawn to the following specifications:
1. The map shall be delineated in drawing ink on Mylar or other material
acceptable to the Department of Planning Services.
2. The dimensions of the map shall be twenty-four (24) inches high by thirty-
six (36) inches wide.
Amend Sections 23-3-220.D.1 and 23-3-230.D.1 to read:
Microwave, COMMERCIAL radio, television or other communication transmission or
relay towers over seventy (70) feet in height (measured from ground level). Commercial
towers subject to the provisions of Section 23-4-800.
Amend Section 23-2-260.D.4.a to read:
The scale of the vicinity map shall be one (1) inch equals two thousand (2,000) feet or
at another suitable scale if approved by the Department of Planning Services.
Amend Section 23-3-20. Uses allowed by right.
R. Borrow pits used TEMPORARILY 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.
T. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum
number of ANIMAL UNITS permitted in Section 23-3-50 D below is not
exceeded.
U. Commercial towers subject to the provisions of Section 234-800. However, one
(1) amateur(HAM) radio operator's crank-up antenna may be extended to a
maximum of one hundred fifty (150) feet in height, provided that its resting or
"down" position does not exceed seventy (70) feet in height.
Amend Section 23-3-30. Accessory uses.
The following BUILDINGS, STRUCTURES and USES shall be allowed in the A
(Agricultural) Zone District so long as they are clearly incidental and ACCESSORY to
the USES allowed by right in the A (Agricultural) Zone District. Such BUILDINGS,
STRUCTURES and USES must be designed, constructed and operated in conformance
with the bulk requirements contained in Section 23-3-50 below. ACCESSORY USES
within the A (Agricultural) Zone District shall also be subject to the additional
requirements contained in Articles IV and V of this Chapter. Note: The combined
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GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed after the original
effective date of this Chapter (August 25, 1981) on LOTS in an approved or recorded
subdivision plat or LOTS part of a map or plan filed prior to adoption of any regulations
controlling subdivisions of less than ten (10) acres shall not exceed four percent (4%) of
the total lot area, except in the Mixed Use Development Area (MUD), which shall adhere
to MUD development standards. However, in no case shall such an accessory building
exceed twice the gross floor area of the primary residence on the lot except by variance.
Any accessory structure made nonconforming by application of this Section may be
repaired, replaced or restored in total.
A. STRUCTURES for storage of equipment and agricultural products. Converted,
partially dismantled, modified, altered or refurbished MOBILE HOMES or
MANUFACTURED HOMES shall not be utilized as an AGRICULTURALLY
EXEMPT BUILDING or for the storage of equipment or agricultural products.
B. BUILDINGS for confinement or protection of LIVESTOCK, within the limitations
defined in Section 23-3-50 below. Converted, partially dismantled, modified,
altered or refurbished MOBILE HOMES or MANUFACTURED HOMES shall not
be utilized as an AGRICULTURALLY EXEMPT BUILDING or for the storage of
equipment or agricultural products.
C through K - - NO CHANGE
Amend Section 23-3-40. Uses by special review.
B. Agricultural Service establishments primarily engaged in performing agricultural,
animal husbandry or horticultural services on a fee or contract basis, including:
1 - 9 -- NO CHANGE
10. Animal training and boarding facilities where the maximum number of
ANIMAL UNITS permitted in Section 23-3-50.D is exceeded.
C through J -- NO CHANGE
K. One (1) or more microwave, radio, television or other communication
transmission or relay tower over seventy (70) feet in height per LOT.
Commercial towers subject to the provisions of Section 23-4-800.
L through T- - NO CHANGE
U. Semi-trailers as defined in Section 42-1-102 (70), C.R.S. and Cargo Containers,
situated as permanent storage units, not safe or not operable or illegal to be
used on public road rights-of-way, which are not licensed, shall be considered
TEMPORARY Accessory STRUCTURES in accordance with this definition, shall
comply with requirements set forth in this Chapter, including required zoning
SETBACKS and OFFSETS, and shall be installed in accordance with the
requirements set forth in Chapter 29 of this Code.
1. The property on which the TEMPORARY Accessory STRUCTURE is to
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be located must not be a lot in an approved or recorded subdivision plat
or lots, parts of a map or plan filed prior to adoption of any regulation
controlling subdivisions.
2. The applicant shall adhere to the zoning permit requirements of
Section 23-4-160 of the Weld County Code.
V. USES similar to the USES listed above as Uses by Special Review as long as
the USE complies with the general intent of the A (Agricultural) Zone District.
Amend Sections 23-3-210.E, 23-3-220.E, 23-3-240.E, 23-3-310.E, 23-3-320.E, and 23-3-330.E
to read:
E. Site Plan Review Required. No land, BUILDING or STRUCTURE shall be
USED, changed in USE or type of occupancy, DEVELOPED, erected,
constructed, reconstructed, moved or structurally altered or operated in the C-1
Zone District until a Site Plan Review has been approved by the Department of
Planning Services. It shall be necessary that the applicant in the C-1 Zone
District certify and state that the performance standards and district
requirements that are applicable to the DEVELOPMENT and USES of property
zoned C-1 have been or shall be complied with according to the intent of Article
II, Division 3 of this Chapter. This shall be accomplished through the Site Plan
Review application process. Uses listed in Subsection D above as Uses by
Special Review in the C-1 Zone District shall be exempt from the Site Plan
Review process and shall make application for approval of a permit in
accordance with the requirements and procedures set forth in Article II, Division
4 of this Chapter. Commercial towers subject to the provisions of Section
23-4-800.
Delete Sections 23-3-210.D.2, 23-3-240.D.1, 23-3-320.D.3, and 23-3-330.D.2, which currently
read:
Microwave, radio, television or other communication towers over forty-five (45) feet in
height (measured from ground level).
Delete Sections 23-3-220.D.6 and 23-3-310.D.4, which currently read:
More than one (1) microwave, COMMERCIAL radio, television or other communication
transmission or relay tower per LOT.
Amend Sections 23-3-310.C.7 and 23-3-310.D.3 to read:
One (1) microwave, COMMERCIAL radio, television or other communication
transmission or relay tower seventy (70) feet or less in height per LOT. Commercial
towers subject to the provisions of Section 23-4-800.
Add Section 23-3-330.D.5:
OIL AND GAS SUPPORT AND SERVICE.
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Correct typographic error- Section 23-3-440. Bulk requirements.
H. Maximum number of ANIMAL UNITS: one (1) per acre, not to exceed eight (8)
ANIMAL UNITS per LOT.
Amend Section 23-4-130. Permit requirements.
Opening paragraph and A through I - - NO CHANGE
J. The requirements of this Division 3, MOBILE HOMES, require the applicant to
provide a certified list of the names, addresses and the corresponding Parcel
Identification Number assigned by the County Assessor of the owners of
property (the surface estate)within five hundred (500) feet of the property Line(s)
of the parcel to where the mobile home shall be placed. The source of such list
shall be the records of the County Assessor, or an ownership update from a title
or abstract company or attorney, derived from such records or from the records
of the County Clerk and Recorder. If the list was assembled from the records of
the County Assessor, the applicant shall certify that such list was assembled
within thirty (30) days of the application submission date.
K. Notification responses of at least thirty (30) percent 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.
Amend Section 23-4-140. Mobile Homes permitted in the A Zone District
MOBILE HOMES are allowed in the A (Agricultural) Zone District for the following USES
upon the issuance of the appropriate zoning or BUILDING permits according to the
following requirements. All temporarily-permitted MOBILE HOMES shall be blocked and
tied pursuant to the requirements of Chapter 29 of this Code. 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.
Amend Section 23-4-160. Temporary storage.
A zoning permit for the TEMPORARY storage of a MOBILE HOME, not including the
storage of goods inside the UNIT, and semi-trailers as defined in Section 42-1-102(70),
C.R.S., and Cargo containers used as TEMPORARY accessory STRUCTURES, on a
LOT in the A (Agricultural) Zone District may be issued by the Department of Planning
Services subject to the following provisions:
A. The applicant must obtain a building permit for a MOBILE HOME, semi-trailers
as defined in Section 42-1-102(70), C.R.S., and Cargo containers used as
TEMPORARY accessory STRUCTURES, and must comply with all installation
standards of Chapter 29 of this Code applicable to MOBILE HOMES; provided,
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however, that no utility hookups to the MOBILE HOME of any type, including
septic systems, shall be allowed.
B. The MOBILE HOME, semi-trailers as defined in Section 42-1-102(70), C.R.S.,
and Cargo containers used as TEMPORARY accessory STRUCTURES, may
not be used on any basis as a DWELLING or as overnight or TEMPORARY
housing for any person.
C. The applicant must demonstrate that no reasonable alternative exists to the
TEMPORARY storage of the MOBILE HOME, semi-trailers as defined in Section
42-1-102(70), C.R.S., and Cargo containers used as TEMPORARY accessory
STRUCTURES, on the land involved.
D. Only one (1) zoning permit for TEMPORARY storage of a MOBILE HOME ,
semi-trailers as defined in Section 42-1-102(70), C.R.S., and Cargo containers
used as TEMPORARY accessory STRUCTURES, may be issued per LEGAL
LOT at any one time.
E. The Department of Planning Services shall make its determination on the
issuance of a zoning permit for the TEMPORARY storage of a MOBILE HOME,
semi-trailers as defined in Section 42-1-102(70), C.R.S., and Cargo containers
used as TEMPORARY accessory STRUCTURES, on the basis of a signed
statement by the applicant that the conditions of Subsections A through D above
are met, upon information contained in the permit application, and upon such
independent evidence as may be available or which the staff may reasonably
require.
F. A zoning permit for TEMPORARY storage of a MOBILE HOME, semi-trailers as
defined in Section 42-1-102(70), C.R.S., and Cargo containers used as
TEMPORARY accessory STRUCTURES, shall be for a period of six (6) months,
and is renewable for additional six-month periods only by grant of the Board of
County Commissioners.
G. The Board of County Commissioners shall hear the application for renewal of a
zoning permit for TEMPORARY storage of a MOBILE HOME, semi-trailers as
defined in Section 42-1-102(70), C.R.S., and Cargo containers used as
TEMPORARY accessory STRUCTURES, at a regularly scheduled meeting of
the Board. The Board of County Commissioners shall give notice of the
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
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obtained. The sign shall be posted at least ten (10) days prior to the meeting
date. The Board of County Commissioners shall consider any testimony of
surrounding property owners concerning the effects of the MOBILE HOME on
surrounding property. The Board of County Commissioners shall also consider
whether the application has demonstrated compliance with the requirements of
Subsections A through D above, as well as compatibility of the MOBILE HOME
with the surrounding area, harmony with the character of the NEIGHBORHOOD,
its effects upon the immediate area and the general health, safety and welfare of
the inhabitants of the area and the COUNTY.
Amend Section 23-4-170. Temporary accessory farm use.
A. A zoning permit for the TEMPORARY use of one (1) MOBILE HOME for an
ACCESSORY farm USE, on a lot in the A (Agricultural) Zone District, in addition
to a principle dwelling unit, may be issued by the Department of Planning
Services upon determination that:
1. The MOBILE HOME will be occupied by persons principally employed at
or principally engaged in the operation of the USE where the MOBILE
HOME is located. ACCESSORY farm USE of the MOBILE HOME shall
be established and revalidated on an annual basis as follows: Evidence
shall be submitted by the applicant or property owner on the anniversary
of the permit's issuance for review and acceptance by the Department of
Planning Services verifying that the MOBILE HOME occupant is
principally employed at or engaged in the farming operation on the
subject property. The evidence shall consist of tax records (W-2 forms),
employment agreements or other documentation as determined suitable
by the Department of Planning Services. Failure to submit the required
documentation may result in cessation of the allowance of the MOBILE
HOME for TEMPORARY ACCESSORY farm USE.
Remainder of Section - NO CHANGE.
Amend Section 23-4-190. Temporary accessory use as office
A. A zoning permit for the USE of one (1) MOBILE HOME or MANUFACTURED
STRUCTURE 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:
1. The MOBILE HOME or MANUFACTURED STRUCTURE is necessary for
the effective and economic operation of the principal USE.
2. The MOBILE HOME or MANUFACTURED STRUCTURE will not be used
for residential purposes.
3. Adequate water and sewage disposal facilities can be made available to
the MOBILE HOME or MANUFACTURED STRUCTURE.
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4. No reasonable alternative is available to the applicant for an OFFICE
USE.
5. The MOBILE HOME or MANUFACTURED STRUCTURE is not the first
MOBILE HOME or MANUFACTURED STRUCTURE on the parcel of
land. Where the MOBILE HOME will be the first unit on a parcel of land,
the MOBILE HOME request shall follow the application procedures under
the provisions of Section 23-4-200 below.
6. The applicant must obtain a BUILDING permit for the MOBILE HOME or
MANUFACTURED STRUCTURE and comply with all installation
standards of Chapter 29 of this Code.
B. The Department of Planning Services shall make its determination on the basis
of a signed statement by the applicant that the conditions of Paragraphs A.1
through A.6 above are met, upon information contained in the application, and
upon independent evidence as may be available or which the staff may
reasonably require.
C. A zoning permit for more than one (1) MOBILE HOME or MANUFACTURED
STRUCTURE as an accessory OFFICE unit in the A (Agricultural) Zone District
may be issued by the Department of Planning Services upon a determination
that the criteria of Paragraphs A.1 through A.5 above and Section 23-4-230 B
below are met. If the applicant is not able to meet the criteria stated in
Paragraphs A.1 through A.5 above, the zoning permit may be issued only upon
the approval by the Board of County Commissioners. The Board shall review the
application for compliance with the criteria set out in Paragraphs A.1 through A.5
above at a regularly scheduled meeting of the Board. The Board of County
Commissioners shall give notice of the application for a zoning permit and the
meeting date to those persons listed in the application as owners of property
located within five hundred (500) feet of the parcel under consideration. Such
notification shall be mailed, first class, not less than ten (10) days before the
scheduled meeting. Such notice is not required by state statute and is provided
as a courtesy to surrounding property owners (the surface estate). Inadvertent
errors by the applicant in supplying such list or the Department of Planning
Services in sending such notice shall not create a jurisdictional defect in the
permit process, even if such error results in the failure of a surrounding property
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.
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D. All MOBILE HOMES or MANUFACTURED STRUCTURE 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.
Amend Section 23-4-220. Mobile homes in C or I Zone District.
A. A zoning permit for the USE of 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:
Remainder of Section - NO CHANGE.
Amend Section 23-4-230. Delegation of authority.
The Board of County Commissioners delegates the authority to issue a zoning permit for
a MOBILE HOME which otherwise requires the approval of the Board of County
Commissioners through a public hearing process to the Department of Planning
Services upon a determination by the Department that:
A. The applicant is in compliance with the criteria identified in this Chapter for the
specific category of zoning permit for which application is being made.
B. The 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 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
Add Article IV, Division 9, Commercial Towers.
Sec 23-4-800. Commercial Towers.
The purpose of this Section is to accommodate the increasing wireless communication
needs of County residents, businesses and visitors while protecting the public health,
safety, general welfare and visual environment of the County by:
A. Enhancing the ability to provide wireless services to County residents,
businesses and visitors.
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B. Simplifying and shortening the process for obtaining necessary permits for
Commercial Tower facilities, while protecting the legitimate interests of County
residents.
C. Protecting the County's environmental resources and visual environment from
the potentially-adverse visual effects of Commercial Tower facility development
through careful design and siting standards.
D. Reducing the number of towers needed to serve the County by requiring facilities
to be placed on existing structures wherever possible and requiring co-location of
Commercial Tower providers on existing and new towers.
E. Using performance standards and incentives to promote location of Commercial
Tower facilities on concealed structures and existing buildings and towers.
Sec 23-4-810. Preferred Commercial Tower Facilities.
The order of preference for new permanent Commercial Tower facilities is (from most-
preferred to least preferred and based on economic and technical feasibility):
A. Co-location on existing Commercial Tower or broadcast antenna towers.
B. Attached antennas.
C. Concealed (Stealth) antennas.
D. Antenna towers.
New Commercial Tower facilities must use the most-preferred facility type where
economically and technically feasible. A lesser-preferred facility type is allowed only if
the applicant presents substantial evidence to show it will have a lesser visual impact
than the use of more preferred facilities and that the applicants desired geographic area
cannot be served by using more-preferred facilities.
Sec. 23-4-820. General Requirements.
A. Facilities on Residential Properties. Commercial facilities may not be placed on
properties or buildings used primarily for residential purposes. This does not
apply to buildings containing 8 or more dwelling units or farms and ranches
containing dwelling units.
B. Commercial Tower facilities are allowed as a use by right or accessory use on a
property as follows:
1. Attached and Concealed (Stealth) Antennas are permitted by
administrative review in all zone districts.
2. Antenna Towers are not allowed in the following zone districts: R-1, R-2,
R-3, R-4, R-5, E, PUD with Residential uses.
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3. Antenna Towers are permitted by Special Use Review in the following
zone districts: C, I, A, PUD with Commercial or Industrial uses.
C. Accessory uses to a commercial tower shall not include offices, broadcast
studios, long-term vehicle storage or other outdoor storage, or other uses not
needed to send, receive, or relay transmissions.
D. Radial Spacing. Antenna towers over 70 feet high must be located at least 1,000
feet from other antenna towers over 70 feet high that are capable of supporting
Commercial Tower facilities. Closer spacing between towers may be granted
through the Special Use Review process. This radial spacing requirement does
not apply to facilities located at designated antenna farms.
E. In addition to meeting the Special Use Review standards set forth in Article II,
Division 5 of the Weld County Code, the applicant shall submit documentation
addressing the following standards:
1. Existing or approved towers cannot accommodate the
telecommunications equipment planned for the proposed tower.
2. The tower shall not constitute a hazard to aircraft.
3. The tower shall be placed on the property to contain on-site all ice-fall or
debris from tower failure.
4. The proposed tower shall provide for shared capacity, if technically
practicable.
5. The tower shall have the least practicable adverse visual impact on the
environment.
6. The proposed tower shall not emit radiation that will adversely affect
human health.
7. The proposed tower shall be the minimum height needed to
accommodate the antenna.
8. The proposed tower shall comply with all applicable federal and state
regulations.
9. The design of the proposed tower shall insure structural integrity.
10. The proposed tower shall have adequate measures to discourage
unauthorized climbing and to insure the security thereof.
11. All reasonably possible sites for the tower have been considered, and the
proposed site is the most appropriate, available site from a land use
perspective.
12. The proposed tower shall not adversely impact wildlife.
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Sec 23-4-830. Performance Standards.
A. Antenna Tower and Equipment Setbacks.
1. Attached Antennas. Attached antennas and other appurtenances may
encroach up to 2 feet into the minimum building setbacks in the
underlying zoning district but must not extend over property lines.
2. Concealed (Stealth) Antennas. Minimum setbacks for concealed
antennas are the same as the minimum building setbacks in the
underlying zoning district.
3. Antenna Towers, Other Than Concealed Antennas. Minimum setbacks
for antenna towers, other than concealed antennas, are as follows:
a. From property lines of properties in the C and I zones: 30% of
tower height but not less than minimum building setbacks in the
underlying zoning district.
b. From property lines of properties in the E, R, PUD, A: 100% of
tower height but not less than minimum building setbacks in the
underlying zoning district.
4. Guy Wires and Equipment Buildings and Cabinets. Minimum setbacks
for guy wires and equipment buildings and cabinets are the same as
minimum building setbacks in the underlying zoning district.
B. Equipment design.
1. Attached antennas on a roof may extend up to 15 feet over the height of
the building or structure and may exceed the underlying zoning district
height limitation. Attached antennas mounted on a building or structure
wall must be as flush to the wall as technically possible and must not
project above the top of the wall. Attached antennas must be located,
painted and/or screened to be architecturally and visually compatible with
the building it is attached to.
2. Antenna towers should be painted or coated in non offensive colors that
blend, to the extent possible, with the surrounding building and natural
environment unless state or federal regulations require specific colors.
3. Antenna towers must not be artificially lighted unless required by the FAA
or other state or federal agency. If safety lighting is required, the use of
red beacons is preferred to flashing strobe lights. Security lighting on the
site may be mounted up to 20 feet high and must be directed toward the
ground to reduce light pollution, prevent offsite light spillage and avoid
illuminating the tower.
4. Equipment buildings must be compatible with the architectural style of the
surrounding building environment with consideration given to exterior
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materials, roof form, scale, mass, color, texture and character. Equipment
buildings must be constructed with materials that are equal to or better
than the materials of the principal use. Equipment cabinets must be
located, painted and/or screened to be architecturally and visually
compatible with the surrounding building and natural environment. A
Building Envelope (BE) must be designated for all equipment buildings
and shall be indicated on the plat. Written documentation shall be
provided to the Department of Planning Services justifying the area and
location of the BE.
5. The maximum permissible noise level shall adhere to the maximum
permissible noise levels allowed in the underlying Zone district as
delineated in Colorado Revised Statutes (CRS) 25-12-102, as provided
by the Weld County Department of Public Health and Environment.
Equipment must not generate noise that can be heard beyond the site.
However, this does not apply to generators used in emergency situations
where the regular 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.
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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.
2. The tower owner modifies the structure in a way to make co-location
impractical or impossible.
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 lessee,
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.
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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.
b. Within a distance of one mile of a proposed concealed antenna,
temporary antenna tower or micro-cell antenna tower site.
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.
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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.
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.
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Sec 234-890. 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.
CHAPTER 24
SUBDIVISIONS
Delete certain definition in Section 24-1-40, which currently reads as follows:
Nonurban scale development: Developments comprised of five (5) or less residential
lots which ar located in a nonurban area as defined in Chapter 22 of this Code and are
not adjacent to other PUDs, subdivisions, municipal boundaries or urban growth
corridors. Nonurban scale development on public water and septic systems shall have a
minimum lot size of one (1) acre and an overall density of two and one-half (2-1/2) acres
per septic system. Nonurban scale development proposing individual, private wells and
septic systems shall have a minimum lot size of two and one-half (2-1/2) acres per lot.
Add certain definition in Section 24-1-40.
Obsolete Subdivision: Any approved or recorded subdivision plat, map, plan or
incorporated community legally filed or created prior to the adoption of any regulations
controlling subdivisions and/or lacking survey information of sufficient detail to determine
precise lot location, size, configuration or other necessary information.
Correct typographic error- Section 24-5-10. Purpose.
The resubdivision process is used to propose changes to an approved or recorded
subdivision plat, map, plan or unincorporated community legally filed prior to adoption of
any regulations controlling subdivisions. The resubdivision section describes three (3)
procedures for proposing changes to lots, lot lines, streets, areas reserved for public
use and utility and drainage easements. The minor resubdivision process is described
in Section 24-5-20. The resubdivision process for changes to lot lines only is described
in Section 24-5-30. The resubdivision process for the purpose of redesign, addition of
new lots or vacation of all or a portion of a subdivision is described in Section 24-5-40.
Amend Article V. Resubdivision, as follows:
Sec. 24-5-10. Purpose.
The resubdivision process is used to propose changes to an approved or recorded
subdivision plat, map, plan or unincorporated community legally filed prior to adoption of
any regulations controlling subdivisions. The resubdivision section describes three (3)
procedures for proposing changes to lots, lot lines, streets, areas reserved for public
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use and utility and drainage easements. The resubdivision for vacation of right-of-way
is described in Section 24-5-20. The resubdivision process for changes to lot lines only
is described in Section 24-5-30. The resubdivision process for the purpose of redesign,
addition of new lots or vacation of all or a portion of a subdivision is described in Section
24-5-40.
Sec. 24-5-20. Resubdivision for vacation of right-of-way.
The resubdivision for vacation of right-of-way permits the vacation of certain roads,
streets or alleys. A resubdivision for vacation of right-of-way proposal with complex
parcel configurations or ownership patterns or which cannot comply with Subsections A
through C herein shall be required to use the resubdivision procedure described in
Section 24-5-40. The resubdivision for vacation of right-of-way 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 following information shall be submitted as part of the resubdivision for
vacation of right-of-way application:
1. An application form provided by the Department of Planning Services.
2. A certified list of the names, addresses and the corresponding parcel
identification numbers assigned by the County Assessor to the owners of
property adjacent to the road, street or alley considered for vacation. The
list shall be compiled from the records of the County Assessor, title
company or an attorney. 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.
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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. Resubdivision for vacation of right-of-way map requirements.
a. The dimensions of the resubdivision for the vacation of
right-of-way map shall be twenty-four (24) inches by thirty-six (36)
inches.
b. Unless otherwise approved by Department of Planning Service
staff, the resubdivision map shall be drawn at a scale of one(1)
inch equals one-hundred (100) feet, or one (1) inch equals
two-hundred (200) feet. 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. Resubdivision for the vacation of right-of-way review procedure.
1. Upon receipt of a complete resubdivision application, the Department of
Planning Services will schedule the request before the Board of County
Commissioners within sixty (60) days. In the event a utility easement is
affected, the Department of Planning Services shall schedule the request
on the first available Utilities Coordinating Advisory Committee meeting
before presenting the request to the Board.
2. The Department of Planning Services shall give notice of the application
for a resubdivision for vacation of right-of-way and the meeting date to
those persons listed in the application as owners of property adjacent to
the vacation property under consideration. The notice shall be mailed,
first class, not less than ten (10) days before the scheduled meeting.
3. A recommendation for the application shall be prepared by the
Department of Planning Services. The recommendation shall address all
aspects of the application, including its conformance to Subsections A
through D above.
4. The Board of County Commissioners shall hold a public hearing to
consider all aspects of the application, including its conformance to
Subsections A through D above, and the recommendation from the
Department of Planning Services. A copy of the application and sketch
shall be kept on file with the Clerk to the Board. If the Board of County
Commissioners approves the request, the Board's resolution and
resubdivision map shall be recorded in the office of the County Clerk and
Recorder.
Sec. 24-5-30. Resubdivision for changes to lot lines.
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A. This process is not to be used for lot line changes that create additional lots,
affect existing road right-of-way or affect approved subdivision drainage
easements.
B. The following information shall be submitted as part of the resubdivision for
changes to lot lines:
1. An application form provided by the Department of Planning Services.
2. Copies of all deeds or legal instruments identifying all fee owners of
property under consideration. If an authorized agent signs, a letter of
authorization from all fee owners must be included with the application. If
a corporation is the fee owner, notarized evidence must be included
showing the signatory has the legal authority to sign for the corporation.
3. A letter explaining the lot line revision request and how the revision
complies with the approved final plat. The letter shall also address how
the lot line revision complies with the adopted rules, regulations and
ordinances currently in force and affecting the subdivision.
4. A copy of the approved recorded plat showing the property under
consideration for the resubdivision.
5. A resubdivision plat map. The resubdivision plat map shall be prepared
in accordance with Sections 24-4-40 D.6 through D.9 of this Chapter,
except it shall show only the property under consideration for the
resubdivision. If a utility easement is affected by a lot line revision, the
easement shall be shown on the resubdivision plat map in accordance
with Section 24-7-60 of this Chapter.
C. Review procedures for a resubdivision for changes to lot lines.
1. Upon receipt of a complete resubdivision application, the Department of
Planning Services will schedule the request before the Board within sixty
(60) days.
2. In the event a utility easement is affected, the Department of Planning
Services shall schedule the resubdivision request on the first available
Utilities Coordinating Advisory Committee meeting before presenting the
request to the Board of County Commissioners.
3. The Department of Planning Services shall prepare a recommendation
for use by the Board of County Commissioners. The recommendation
shall address all aspects of the application, including how the lot line
revision complies with the approved recorded final plat, and how the
application complies with the adopted rules, regulations and ordinances
currently in force and affecting the subdivision.
4. The Board of County Commissioners shall hold a public hearing to
consider all aspects of the application, including how the lot line revision
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complies with the approved recorded final plat, how the application
complies with the adopted rules, regulations and ordinances currently in
force and affecting the subdivision and the recommendation from the
Department of Planning Services. If the Board of County Commissioners
approves the request, the Board's resolution and resubdivision map shall
be recorded in the office of the County Clerk and Recorder.
Sec. 24-540. Resubdivision for redesign, addition or vacation.
A. This resubdivision process is used for the purpose of redesign, addition of new
lots or vacation of all or portions of a subdivision.
B. Submittal requirements.
1. This resubdivision process require all information listed in Section 24-4-
40.D. The resubdivision utility map and plat shall show only the property
under consideration for the resubdivision. If an application requirement is
not applicable to the proposed resubdivision, it may be waived by the
Department of Planning Services.
2. In addition to the requirements of Section 244-40.O, the following
application information shall be submitted:
a. A resubdivision application form provided by the Department of
Planning Services.
b. 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.
c. A copy of the recorded final plat.
d. 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.
3. Drainage easements or rights-of-way designed to accept drainage shall
not be changed unless supported by a drainage plan and complete
engineering data for the affected subdivision.
C. Review procedure.
1. Upon receipt of a complete resubdivision application, the Department of
Planning Services will schedule the request before the Board within sixty
(60) days.
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2. A resubdivision application shall be processed and reviewed by the
Department of Planning Services and Board of County Commissioners in
accordance with Section 24-4-40.E of this Chapter.
3. In the event a utility easement is affected, the Department of Planning
Services shall schedule the resubdivision request on the first available
Utilities Coordinating Advisory Committee meeting before presenting the
request to the Board of County Commissioners.
D. No lot or parcel shall be created that is less than the minimum lot size standards
set forth in Section 24-7-50 of this Chapter.
Sec. 24-5-50. Correction plat.
The Board of County Commissioners 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.
Add Section 24-6-60. Location/Site improvements certificate.
A Location or Site Improvements Certificate (including adjacent rights-of-way) certified
by a registered Colorado surveyor may be required in conjunction with Building Permit
applications for a lot in an obsolete subdivision or a lot lacking survey information of
sufficient detail to determine precise lot location, size, configuration or other necessary
information as required by the Department of Planning Services.
Replace Article VIII (Exemptions) as follows.
Sec. 24-8-10. Exemption from definition.
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
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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 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:
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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.
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.
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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.
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.
2. The fact that the applicant has conveyed, within the last calendar year,
land which would have been considered contiguous had it been retained,
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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
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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 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.
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(872)
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.
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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.
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.
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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.
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.
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.
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
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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 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
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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 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.
Amend Appendix 24-D. Design Guidelines for New Road Construction, attached hereto as
Exhibit"A" and incorporated herein by reference.
Amend Appendix 24-F, Exemption Plat Certificates, as follows:
The following certificate blocks shall appear on the plat,(as applicable):
1. 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)
1111111 11111 1111111 1111 111111 III 1111111 11111111 ITN
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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
2. Easement Certificate:This certificate shall be used when any easement crosses any of the proposed lots of the
Exemption. The plat shall also identify the benefitted lot and purpose of the easement.
I(We),the undersigned,do hereby dedicate,for the benefit of the property(ies)shown or described hereon,
easements for the purposes shown or described hereon.
Signature Signature
(Typed or printed name) (Typed or printed name)
3. Survevina Certificate:
,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 that this plat is an
accurate representation thereof. I further certify that the survey and this plat complies with all applicable rules,
regulations,and laws of the State of Colorado,State Board of Registration for Professional Engineers and
Professional Land Surveyors,and Weld County.
By:
Registered Land Surveyor Date Colorado Registration#
4. Certificate of Aooroval by the Department of Planning Services-Administrative Review:
This plat is accepted and approved by the Department of Planning Services 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
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5. Certificate of Approval by the Board of 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
Delete Appendix 24-G.
CHAPTER 26
MUD
Add Section 26-2-60.B.1.d. Exemptions from the PUD District Provisions.
d. Those uses which were legally created prior to the PUD requirement and located
on a single legally created lot.
Add Appendix 26-P. PUD Plat Certificates.
The following certificate blocks shall appear on the plat(as applicable):
1. Survevinc Certificate:
,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#
2. 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
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My Commission expires
Witness my hand and seal
Notary Public
3. Prooerty 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
4. Certificate of Aooroval by the Board of 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
5. Certificate of Aooroval by Plannina 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
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6. Certificate of Aooroval by the Department of Plannino 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
CHAPTER 27
PUD
Amend Section 27-2-20. Access standards.
All PUD developments will be served by an internally paved road system according to
County standards. An exception to paving may be granted by the Director of Public
Works for residential PUDs of nine (9) lots or less located in nonurban areas as defined
in Chapter 22 of this Code, when the PUD is not located within close proximity to other
PUDs, subdivisions and municipal boundaries, and when access to the PUD is not from
a public road which is paved or will be paved within a year of approval of the PUD.
Amend Section 27-2-170. Public water provisions.
PUDs must be capable of meeting state drinking water regulations (Colorado Primary
Drinking Water Regulations) and have adequate provisions for a three-hundred-year
supply of water. Water systems, including wells, which rely upon Denver Basin aquifers
shall also acquire and incorporate into a permanent supply plan alternative renewable
water sources to ensure water supplies for the future.
Amend Section 27-8-50. Failure to submit a PUD final plan.
If a PUD final plan application is not submitted within three (3) years of the date of the
approval of the PUD Zone District, the Board of County Commissioners shall require the
landowner to appear before it and present evidence substantiating that the PUD project
has not been abandoned and that the applicant possesses the willingness and ability to
continue with the submittal of the PUD final plan. The Board of County Commissioners
may extend the date for the submittal of the PUD final plan application and shall
annually require the applicant to demonstrate that the PUD has not been abandoned. If
the Board of County Commissioners determines that conditions or statements made
supporting the original approval of the PUD Zone District have changed or that the
landowner cannot implement the PUD final plan, the Board may, at a public hearing,
revoke the PUD Zone District and order the recorded PUD Zone District reverted to the
original zone district.
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CHAPTER 29
BUILDING REGULATIONS
Add certain Definitions in Section 29-1-20.
Manufactured structure: Any factory-assembled Structure with or without service
connections that is not a dwelling.
Replace Section 29-2-40 to read as follows: National electric code.
The publication of the National Fire Protection Association, known as the National
Electrical Code, 2002 Edition, NFPA No. 70-2002 is incorporated by this reference as a
part of this Building Code for the purpose of establishing standards for the inspection of
electrical installations and issuance of electrical permits in the County, with the following
amendments:
A. Add section 110.2(A): "Fault current calculations, load calculations and one-line
diagrams shall be submitted and approved for any electrical service over 200
amps. Such approval shall be obtained prior to the construction or release of the
electrical service."
B. Change Section 230.70(A) to read: "The service disconnecting means shall be
installed at a readily accessible location on the exterior of a building or structure
adjacent to the electrical metering equipment."
C. Add Section 230.70(A) Exception No. 1: "The service disconnecting means may
be located inside a building or structure at a readily accessible location if the
service disconnecting means is placed back-to-back with the metering
equipment and the total service entrance conductor length does not exceed
three feet six inches measured from the exterior wall of the structure. The
service disconnecting means shall also be located on the ground level."
D. Add Section 230.70(A) Exception No. 2: "The service disconnecting means may
be located inside a building or structure at a readily accessible location if the
service entrance conductors enter the building under a minimum 2-inch thick
concrete slab or floor. The total length of the service entrance conductors from
the top of the floor to the point of termination in the service disconnecting means
shall not exceed seven feet. The service disconnecting means shall be located
on the ground level. Service conductors installed under and inside the building
shall be installed in an approved raceway for their entire length."
E. Amend the first paragraph of Section 250.50 to read: "If available on the
premises at each building or structure served, each item in 250.52(A)(1) through
(A)(6) shall be bonded together to form the grounding electrode system. (Item
(a) (A)(1) shall be required as part of the water supply or distribution system.)
The bonding jumper(s) shall be installed in accordance with Sections 250.53(a)
shall be sized in accordance with Section 250.66 and shall be connected in the
manner specified in Section 250.70."
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F. Add Section 250.52, Exception 2 after Section 250.52 Exception: "Existing water
supply or distribution systems which have not been changed, modified or
expanded shall not be required to be modified by installing 10 feet of
underground metal water pipe in direct contact with the earth."
G. Add Section 300.5(L): "All electrical underground wiring located outside a
building or structure shall be separated by a minimum of 12 inches from all other
underground utilities, including telephone and cable television. Such separation
may be horizontal or vertical. Gas piping shall be in a separate trench. (See
Sections 603.2 and 603.2.1, of the IPC for water and sewer separation; Section
1304.9 of the IMC.)"
H. Add Section 300.5(L)(1): "All utilities, including electric underground wiring, shall
be separated a minimum of 12 inches horizontally from cesspools, septic tanks,
septic tank drainage fields or seepage pits."
Add Section 422.12(A): "Branch circuit overcurrent protection shall be provided
by means of fusing. The rating of the branch circuit overcurrent device shall not
exceed the device rating marked on the equipment. If the maximum rating of the
device is not marked on the equipment, it shall be sized in accordance with
Table 430.52. The overcurrent protection shall be installed with the appliance
disconnecting means or directly adjacent to it in a readily accessible location
outside the appliance. Overload protection shall be provided as per Article 430,
Part III."
J. Add the following sentence to Section 511.3(B): "The areas described in
511.3(A) and (B) shall also apply to private garages as defined by the UBC."
Amend Section 29-3-20.B.13.
13. Agricultural buildings in the A (Agricultural) Zone District, except that this
exemption shall not apply in platted subdivisions or unincorporated towns filed
and recorded in the County Clerk and Recorder's office or on property approved
as a site specific development plan as defined by Chapter 23 of this Code,
excepting buildings built pursuant to a Use by Special Review for LIVESTOCK
CONFINEMENT OPERATIONS under Section 23-3-40 of the Weld County
Code.
a. Such buildings or structures shall meet the following requirement: The
only utilities allowed are water for livestock watering and cleaning, and
electricity. Buildings or structures containing plumbing fixtures which
support human habitation such as lavatories, sinks, water closets or
showers are not to considered as exempt from the permit requirements of
this Code. Although the building is structurally exempt from a building
permit, an electrical or plumbing permit and fee is required. (See
Subsection A above).
b. A certificate of compliance for agricultural exempt buildings is required to
be completed, signed and filed with the Department of Planning Services
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so as to verify setbacks and establish any applicable flood hazard
requirements.
Amend Section 29-3-100. Mobile or manufactured homes.
Mobile or manufactured homes no longer meeting the definition of a mobile home, as
defined by Chapter 23 of this Code, and which has the entire frame removed, shall
require a building permit, except those meeting the provisions of Section 29-3-20 B.13
of this Chapter. Floors shall comply with Section 2306.3 of the Uniform Building Code
or alternate methods approved by the Building Official. Foundation requirements shall
meet the standards of Section 29-2-90 B of this Chapter or alternate methods approved
by the Building Official. A Manufactured Structure is any factory-assembled structure
with or without service connections that is not a dwelling.
BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby
is, directed to arrange for Colorado Code Publishing to supplement the Weld County Code with
the amendments contained herein, to coincide with chapters, articles, divisions, sections, and
sub-sections as they currently exist within said Code; and to resolve any inconsistencies
regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions,
sections, and sub-sections in said Code.
BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph,
sentence, clause, or phrase of this Ordinance is for any reason held or decided to be
unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The
Board of County Commissioners hereby declares that it would have enacted this Ordinance in
each and every section, subsection, paragraph, sentence, clause, and phrase thereof
irrespective of the fact that any one or more sections, subsections, paragraphs, sentences,
clauses, or phrases might be declared to be unconstitutional or invalid.
The above and foregoing Ordinance Number 2002-9 was, on motion duly made and
seconded, adopted by the following vote on the 9th, day of December, A. D., 2002.
BOARD OF COUNTY COMMISSIONERS
late�D WELD COUNTY, OLORADO
L
ATTEST: �/ -= `
Weld County Clerk to , 184.1
b h Vaad Ch
g A, David ong, Pro-Tem
BY: -, Ji. • e•r' 'cc�1�
Deputy Clerk to the Boa ssZsw.i
M. J. Geile /
APPR ED F M: EXCUSED
W' iam �rke
z, �f
v) Ln\11
bounty Attorngy
Robert D. Malden
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Published: October 16, 2002, in the Tri-Town Farmer and Miner
First Reading: October 30, 2002
Publication: November 6, 2002, in the Tri-Town Farmer and Miner
Second Reading: November 18, 2002
Publication: November 27, 2002, in the Tri-Town Farmer and Miner
Final Reading: December 9, 2002
Publication: December 18, 2002, in the Tri-Town Farmer and Miner
Effective: December 23, 2002
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APPENDIX#24-D County Road System
The following table established minimum standards for new or rebuilt County roads. These standards shall be considered minimum unless
more stringent standards may be established by the Board of County Commissioners or this Ordinance.
AVERAGE NUMBER OF
ROAD DAILY PAVEMENT NUMBER LANE SHOULDER RIGHT- MINIMUM MINIMUM MAXIMUM RESIDENTIAL
CLASSIFICATION TRAFFIC TYPE OF LANES WIDTH WIDTH OF-WAY DESIGN CENTERLINE GRADE DRIVEWAYS
COUNTS WIDTH SPEED RADIUS PER MILE
SECTION LINE ROADS
ARTERIAL >1000 Pavement 2-4 12' 8' paved 130-150' 55 mph 1650' *** 4% **
ICOLLECTOR 500-1000 Pavement 2-4 12' 6'paved 80-100' 45 mph 1100'*** 5% 6
ILOCAL- MAJOR <500 Pavement 2 12' 4'gravel 60' 30mph 300' *** 6% unlimited
LOCAL- MINOR <200 Pavement 2 14' none 60' 30mph 300" *** 6% unlimited
RURAL SUBDIVISION
ICOLLECTOR >500 Pavement 3 12' 6'paved 80' 35 mph 300' 5% 6
ILOCAL -MAJOR <500 Pavement 2 12' 4'gravel 60' 30 mph 100' 6% unlimited
ILOCAL -MINOR <50 Pavement 2 13' none 60' 30 mph 100' 6% unlimited
URBAN SUBDIVISION***
IARTERIAL >1000 Pavement 2-6 12' * 100-130' 45mph 800' *** 4% none
ICOLLECTOR 500-1000 Pavement 2-4 12' * 80' 35 mph 450' *** 5% 6
ILOCAL <500 Pavement 2 12' * 60' 25 mph 100' **** 6% unlimited
Notes:
Weld County generally follows the published policies and standards set forth in the Colorado Division of Hiahways Roadway Design Manual and the American
Association of State Highway and Transportation Official's published policies on Geometric Design of Hiahways and Streets for new construction.
Individual site restrictions may necessitate more stringent standards. Individual sites shall be evaluated by the Department of Public Works.
*In Urban Areas,the shoulder is replaced with curb,gutter, sidewalk, bike paths and landscaping areas.
** Residential Driveways to an arterial will be allowed when no other option is available. The developer must provide a turn-around on-site to prevent
backing onto the arterial.
***Super-elevation will be required e=.04 maximum.
****All Subdivisions within the MUD Area or Urban Growth areas will use the Urban Subdivision standards above,or the appropriate municipal standards,
whichever are more restrictive.
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