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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of the County of Weld, State of Colorado, that various Sections of the Weld County Code be, and hereby are, repealed and re-enacted, as follows.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. 111111111111 X111111111111111 III 1111111 III 11111 IIII 1111 eld Cnty, CO 1 of 44 R 0.00 D 0.00 Steve 3027841 81 003 4 3eMoreno Clerk 8 Recorder de: L`A, AL 2002-3130 ORD2002-9 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 11111111111 1111111 1111 111111 13 111 III 11111 IIII I'll 3027841 01/28/2003 04:32P Weld County, CO 2 of 44 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2002-3130 rage 2 ORD2002-9 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. 1111111 111111111111 1111 111111 III 1111111 III 11111 IIII IIII 3027841 01/28/2003 04:32P Weld County, CO 3 of 44 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2002-3130 rage 3 ORD2002-9 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 111111 VIII IIIIIII IIII 111111 III IIIIIII III VIII IIII IIII 3027841 01/28/2003 04:32P Weld County, CO 4 of 44 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2002-3130 rage 4 ORD2002-9 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 1111111 11111 1111111 I11I 111111 III 111111) III 11111 IIII 1IiI 3027841 01/28/2003 04:32P Weld County, CO 0 2-313 5 of 44 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 200 age 5 OR 0200 30 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 111111111111 1111111 10/ 11111/ III 1111111 III 11111 IIII IIII 3027841 01/28/2003 04:32P Weld County, CO 6 of 44 R 0.00 D 0.00 Steve Moreno Clerk 8 Recorder 2002-3130 rage 6 ORD2002-9 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. 1111111 11111 1111111 IIII 111111 III 1111111 III VIII IIII IIII 3027841 01/28/2003 04:32P Weld County, CO 7 of 44 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 2002-3130 Page 7 ORD2002-9 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, 1111111 11111 1111111 1111111111 III 1111111 III 11111 IIII I'll 3027841 01/28/2003 04:32P Weld County, CO 2002-3130 8 of 44 R 0.00 0 0.00 Steve Moreno Clerk& Recorder age 8 ORD2002-9 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 1111111111111111111 1111111111 III 1111111 III 1101 III! IIII 3027841 01/28/2003 04:32P Weld County, CO 2002-3130 9 of 44 R 0.00 D 0.00 Steve Moreno Clerk& Recorder age 9 ORD2002-9 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. 1111111111111111111 II II 111111 III 1111111 III111111 ��� 1111 3027841 01/28/2003 04:32P Weld County, CO 10 of 44 R 0.00 t) 0.00 Steve Moreno Clerk& Recorder 2002-3130 Page 10 ORD2002-9 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. 11111111111111111111111111111 III 1111111111111111 III Illl 3027841 01/28/2003 04:32P Weld County, CO 11 of 44 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 2002-3130 Page 11 ORD2002-9 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. 1111111111111111111 IIII 111111 MODEM HIE III IIII 3027841 01/28/2003 04:32P Weld County, CO 12 of 44 R 0.00 I) 0.00 Steve Moreno Clerk & Recorder 2002-3130 rage 12 ORD2002-9 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. HBO 11111 HMI OHM! III 1111111 III 111111 III IIII 3027841 01/28/2003 04:32P Weld County, CO 13 of 44 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2002-3130 Page 13 ORD2002-9 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. MUM 11111 1111111111 IIIIII 13 111 III HIED IIII 3027841 01/28/2003 04:32P Weld County, CO 2002-3130 14 of 44 R 0.00 D 0.00 Steve Moreno Clerk& Recorder age 14 ORD2002-9 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 11111 11111 IIIIII1 IIII 111111 III HUED 111111 III IIII 3027841 01/28/2003 04:32P Weld County, CO 2002-3130 15 of 44 R 0.00 D 0.00 Steve Moreno Clerk& Recorder ,age 15 ORD2002-9 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. 1111111 II1111111111 IIII 111111 III 1111111 111 111111 1111111 3027841 01/28/2003 04:32P Weld County, CO 2002-3130 16 of 44 R 0.00 D 0.00 Steve Moreno Clerk& Recorder age 16 ORD2002-9 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. 1111111 11111 101 111111 III 1111111 III 111111 III 1111 3027841 01/28/2003 04:32P Weld County, CO 17 of 44 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2002-3130 rage 17 ORD2002-9 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. 1111111111111111111 Inn III 1111111111 111111 III IIII 3027841 01/28/2003 04:32P Weld County, CO 2002-3130 18 of 44 R 0.00 D 0.00 Steve Moreno Clerk& Recorder age 18 ORD2002-9 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. 1111111111111111111 1111 111111 III 1111111 III 111111 III IIII 3027841 01/28/2003 04:32P Weld County, CO 19 of 44 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2002-3130 .ye 19 ORD2002-9 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 1 1111111111111111111III 111111 III 1111111 111 111111111 1111 3027841 01/28/2003 04:32P Weld County, CO 2002-3130 20 of 44 R 0.00 D 0.00 Steve Moreno Clerk& Recorder age 20 ORD2002-9 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. 1111111 11111 1111111 IIII 111111 III 1111111 III 1111111 111111 3027841 01/28/2003 04:32P Weld County, CO 21 of 44 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2002-3130 Page 21 ORD2002-9 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. 1111111 1111111111 III 1111111 III 1111111 111111 3027841 01/28/2003 04:32P Weld County, CO 22 of 44 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2002-3130 Page 22 ORD2002-9 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 1111111111111111111 IIII 111111 III 1111111111 1111111111111 3027841 01/28/2003 04:32P Weld County, CO 2002-3130 23 of 44 R 0.00 D 0.00 Steve Moreno Clerk& Recorder age 23 ORD2002-9 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. 1111111111111111111 IN 111111 III 1111111 III 1111111111111 3027841 01/28/2003 04:32P Weld County, CO 24 of 44 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2002-3130 Page 24 ORD2002-9 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 1111111111111111111 I'II 111111 III 1111111 III 1111111 II IIII 3027841 01/28/2003 04:32P Weld County, CO 2002-3130 25 of 44 R 0.00 D 0.00 Steve Moreno Clerk & Recorder age 25 ORD2002-9 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: 11111111111111111111111131111111111111111111111 I 11111111 I I I1111111111111 3027841 01/28/2003 04:32P Weld County, CO 2002-3130 26 of 44 R 0.00 D 0.00 Steve Moreno Clerk& Recorder .ge 26 ORD2002-9 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. HBO 11111 HMI IIII 111111 111 1111111 III HMI 111111 3027841 01/28/2003 04:32P Weld County, CO 27 of 44 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2002-3130 rage 27 ORD2002-9 1. Where the access is adjacent to a state highway, the Colorado Department of Transportation has jurisdiction over existing or proposed access points. The applicant shall be responsible for obtaining a new access permit 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, 1111111111111111111 IIII 111111 III HIE III 1111111 11 1111 3027841 01/28/2003 04:32P Weld County, CO 28 of 44 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2002-3130 rage 28 ORD2002-9 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 1111111 11111 11111111111111111 III 1111111 III 1111111 111111 3027841 01/28/2003 04:32P Weld County, CO 29 of 44 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 2002-3130 age 29 ORD2002-9 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. 1111111111111111111111111111111111111111111111111111111 3027841 01/28/2003 04:32P Weld County, CO 30 of 44 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2002-3130 Page 30 ORD2002-9 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. 1 11111111111111111I 1111111/1/ EMI III 1111 1111 IIII 3027841 01/28/2003 04:32P Weld County, CO 2002-3130 31 of 44 R 0.00 0 0.00 Steve Moreno Clerk& Recorder age 31 ORD2002-9 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 1111111111111111111 IIII IIIIII III 1111111 III VIII //111111 3027841 01/28/2003 04:32P Weld County, CO 32 of 44 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2002-3130 Page 32 ORD2002-9 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 1111111 VIII 1111111 11111111111111111111111111111111111 3027841 01/28/2003 04:32P Weld County, CO 33 of 44 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2002-3130 rage 33 ORD2002-9 a way which does not substantially change the number of total acres in the original exemption, and creates no additional parcels. An exemption plat in compliance with Section 24-8-60 shall be required. C. Any change 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 3027841 01/28/2003 04:32P Weld County, CO 34 of 44 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 2002-3130 age 34 ORD2002-9 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 1111111 VIII IIIIIII Ilil 111111 1111111111111111 MID 3027841 01/28/2003 04:32P Weld County, CO 35 of 44 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2002-3130 Page 35 ORD2002-9 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.,20 111 1111 11111 NMI 1111 111111 III 1111111 III 11111 IIII IIII 3027841 01/28/2003 04:32P Weld County, CO 2002-3130 36 of 44 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 36 ORD2002-9 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 I 111111111111111111I III I111111IIII11111111 1���� 1111 X111 3027841 01/28/2003 04:32P Weld County, CO 37 of 44 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2002-3130 Page 37 ORD2002-9 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. Anal IIIII 1111111 IBM III 1111111 III IIIII IIII IIII 3027841 01/28/2003 04:32P Weld County, CO 38 of 44 ft 0.00 D 0.00 Steve Moreno Clerk& Recorder 2002-3130 Page 38 ORD2002-9 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." 1111111 1111111111111111111111 III 1111111 III 1111111111111 3027841 01/28/2003 04:32P Weld County, CO 39 of 44 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2002-3130 Page 39 ORD2002-9 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 1 111111 111111111111 111 111111 III 1111111 III 11111 III) IIII 3027841 01/28/2003 04:32P Weld County, CO 2002-3130 40 of 44 R 0.00 D 0.00 Steve Moreno Clerk& Recorder . _ae 40 ORD2002-9 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 1111111111111111111 I'll 111111 III 1111111 III VIII I'll 1111 3027841 01/28/2003 04:32P Weld County, CO 41 0l 44 R 0.00 0 0.00 Steve Moreno Clerk & Recorder 2002-3130 Page 41 ORD2002-9 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 11111111111111111111111111111 I I 11111111 I I 1111111 I I I I I I I 3027841 01/28/2003 04:32P Weld County, CO 42 of 44 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2002-3130 Page 42 ORD2002-9 aapaoaay V Hpalo ouaioyq anelS 00'0 0 00'0 a vv !o e4 03 'Alun03 PPM dZE440 C00Z/8Z/I.0 I.V8LZ08 IIII III IIIIII III 1111111 III 111111 IIII 111111111111 'Hill Ordinance #2002-9 - Exhibit "A" 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. AN— 0 co a-s- o_ N �CO O— Oco e 0 A_ N CD — Ca cp O n— CJ_ O O mum- - xCJS �CD — 5_ R O O 6 N Hello