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Home My WebLink About20023018.tiff ACzotd, /ft I/-/8- 7170.a. 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of the County of Weld, State of Colorado, that various Sections of the Weld County Code be, and hereby are, repealed and re-enacted, as follows.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. 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 2002-3018 ORD2002-9 LOT or any STRUCTURE or vehicle located on or ADJACENT to the LOT, with the exception that one (1) nameplate shall be allowed which may display the name of the occupant and/or the name of the HOME OCCUPATION where such nameplate does not exceed one (1) square foot in area, shall be nonilluminated and attached flat to the main STRUCTURE or visible through a window. e. There is no exterior storage, display or sales of materials, goods, supplies or equipment related to the operation of such HOME OCCUPATION nor of any highly explosive or combustible materials. f. There is no offensive noise, vibration, smoke, dust, odors, heat, glare or electrical interference or other hazard or nuisance noticeable off the LOT if the wr i ,, oo. J ted in a CINCLE FAMILY DWELLING or ouiaid., the DWELLING UNIT if-t t ,J CA ISLE-FAMILY attached dwelling. 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, HOTEUMOTEL, RESTAURANT, mortuary, vehicle or boat repair (including painting), and organized classes where more than six (6) persons meet together for instruction on a regular basis (does not include classes sponsored by a PUBLIC SCHOOL). MANUFACTURED HOME: A single-family dwelling which: is piactically 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,-is was originally built on a chassis and-is was originally'designed, when connected to tr.. ; ;; J :ilities, 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. 2002-3018 Page 2 ORD2002-9 A MOBILE HOME or manufactured home, converted or in its original condition, shall not be used as an AGRICULTURALLY EXEMPT BUILDING or as a TEMPORARY STRUCTURE for storage. NONCOMMERCIAL JUNKYARD: An area where any waste, junk or used or secondhand materials are stored or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered last or currently registered under the property owner and/or tenant's name. This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, :Tthe NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT properties and public rights-of-way. STRUCTURE: Anything that is built, constructed or erected, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, but not including poles, lines, cables or distribution facilities of public utilities. Semi-trailers as de,; , J ;,, E fii , f2 1- 102(70), C.R.S., 3iivaicd-as TEMPORA:-tl' r ioroyo lq ru aoft, not uperabic ur ilioya iu be uacd ....J .—l.ts-of way, whiel 3.. ,,,Janoa pith this definition, sill. ,0yu1ron,oni, ooi fo.H. ii, this Chart., :,. i:;.y : sired zoning SETBACKS and OFFCETC, and el,ail be installed in forth in Ol,wrt ; 2S this Code. 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 23-4-800.) 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 2002-3018 Page 3 ORD2002-9 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. COMMERCIAL TOWER: Telecommunications services including, but not limitedto, 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 onlywhen used in reference to Section 28-4-800) The equipment, physical plant and portion`olthe property and/or building used to provide Commercial Tower services: This includes but is'not,limited to cables andwires, 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 air.other.tha n,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 zoninq 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 234-190 of the:Weld County Code :All SALES TRAILERS shall demonstrate that water and sewage idiSposal facilities are available. The maximum number of SALES TRAILERS is limited to one 1 ( ) per Subdivisioril Derielopment,' Amend Section 23-2-40.E to read: The Board of County Commissioners shall adopt by resolution, every five (5)years, an updated copy of the Official Weld County Zoning Map which includes the rezonings 2002-3018 Page 4 ORD2002-9 approved since the last update. Amend Section 23-2-50. Application requirements for Change of Zone. D. A rezoning plat shall be submitted as part of the general application. If the applicant elects the option provided in Subsection B.3 above, the rezoning plat will not be required until the certified boundary survey has been made. This map shall be drawn to the following specifications: 1. The map shall be delineated in drawing ink on Mylar or other material acceptable to the Department of Planning Services. 2. The dimensions of the map shall bL cight and one half,0/) ;,,:,• wide by fourteen (14) : . ; ;.;yh twenty-four(24) inches high by thirty-six (36) inches wide. Amend Sections 23-2-220.D.1 and 23-3-230.D.1 to read: Microwave, COMMERCIAL radio, television or other communication transmission or relay towers over seventy (70)feet in height (measured from ground level). Commercial towers subject 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 equal l: 1 (809)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 and where .6,e yehko,rla. traffic generated by the L ,d;:,y &A.:to I.,33 than ,,;xty (GO) trips per day to and from the property. U. One (1) microwave, radio, relay tower scventy (7ty) feet o. lyao ;,. I,e;!4;it per LOT. Commercial towers subject to the provisions of Section 23-4-800.` However,-white in uae, an 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 2002-3018 Page 5 ORD2002-9 "down" position does not exceed seventy (70) feet in height.-hl;., :Nor. �1) tower may be pc.,1ntt6J as u Us: Ly -vecial ,°view: Amend Section 23-3-30. Accessory uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the A (Agricultural) Zone District so long as they are clearly incidental and ACCESSORY to the USES allowed by right in the A (Agricultural) Zone District. Such BUILDINGS, STRUCTURES and USES must be designed, constructed and operated in conformance with the bulk requirements contained in Section 23-3-50 below. ACCESSORY USES within the A (Agricultural) Zone District shall also be subject to the additional requirements contained in Articles IV and V of this Chapter. Note: The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed after the original effective date of this Chapter (August 25, 1981) on LOTS in an approved or recorded subdivision plat or LOTS part of a map or plan filed prior to adoption of any regulations controlling subdivisions of less than ten (10) acres shall not exceed four percent (4%) of the total lot area, except in the Mixed Use Development Area (MUD), which shall adhere to MUD development standards. However, in no case shall such an accessory building exceed twice the gross floor area of the primary residence on the lot except by variance. Any accessory structure made nonconforming by application of this Section may be repaired, replaced or restored in total. A. STRUCTURES for storage of equipment and agricultural products. Converted, partially dismantled, modified,altered or refurbished MOBILE HOMES or MANUFACTURED HOMES shall not be utilized as an AGRICULTURALLY EXEMPT BUILDING or for the storage of equipment or agricultural products. B. BUILDINGS for confinement or protection of LIVESTOCK, within the limitations defined in Section 23-3-50 below. Converted, 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. 2002-3018 Page 6 ORD2002-9 L through T - - NO CHANGE U. Semi-trailers as defined in Section 42-1-102(70), C.R.S. and Cargo Containers, situated as permanent storage units, not safe or not operable or illegal to be used on public road rights-of-way, which are not licensed, shall be considered TEMPORARY Accessory STRUCTURES in accordance with this definition, shall comply with requirements set forth in this Chapter, including required zoning SETBACKS and OFFSETS, and shall be installed in accordance with the requirements set,forth in Chapter 29 of this Code: 1. The property on which the TEMPORARY Accessory STRUCTURE is to be located must not be a lot in an approved or recorded subdivision plat or lots, parts of a map or plan filed prior to adoption of any regulation controlling subdivisions. 2. The applicant shall adhere to the zoning permit requirements of Section 23-4-160 of the Weld County,Code. UV. 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: lowers over forty-five (45) feet in height (measured from Delete Sections 23-3-220.D.6 and 23-3-310.D.4: More than one (1) microwave, COMMERCIAL rad:;., 'Amer per LOT. 2002-3018 Page 7 ORD2002-9 Amend Sections 23-3-310.C.7 and 23-3-310.D.3 to read: One (1) microwave, COMMERCIAL radio, television or other communication transmission or relay tower seventy (70)feet or less in height per LOT. Commercial towers subject to the provisions of Section 23-4-800. Add Section 23-3-330.D.5: OIL AND GAS SUPPORT AND SERVICE. Correct typographic error- Section 23-3-440. Bulk requirements. H. Maximum number of ANIMAL UNITS: one (1) per acre, not to exceed eight-(-ee) (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 srr..;;,,;: Line(s)of the parcel to where the mobile home shall be placed. The source of such list shall be the records of the County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records or from the records of the County Clerk and Recorder. If the list was assembled from the records of the County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date. K. A petition with at least seventy percent (70%) of su,, J;,,y Y,.opa. within five hundred (500)f��l-t �, f , , , ✓:;,, a.e IL,,,,.;io„ of the MOBILE I IOME.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. 2002-3018 Page 8 ORD2002-9 Amend Section 23-4-160. Temporary storage. A zoning permit for the TEMPORARY storage of a MOBILE HOME, not including the storage of goods inside the UNIT, and semi-trailers as defined in Section 42-1-102(70), C.R.S., and Cargo containers used as TEMPORARY accessory STRUCTURES, on a LOT in the A (Agricultural) Zone District may be issued by the Department of Planning Services subject to the following provisions: A. The applicant must obtain a building permit for a MOBILE HOME, semi-trailers as defined in Section 42-1-102(70), C.R.S., and Cargo containers used as TEMPORARY accessory STRUCTURES, and must comply with all installation standards of Chapter 29 of this Code applicable to MOBILE HOMES; provided, however, that no utility hookups to the MOBILE HOME of any type, including septic systems, shall be allowed. B. The MOBILE HOME, semi-trailers as defined in Section 42-1-102(70), C.R.S: and Cargo containers Used as TEMPORARY accessory STRUCTURES,'may not be used on any basis as a DWELLING or as overnight or TEMPORARY housing for any person. C. The applicant must demonstrate that no reasonable alternative exists to the TEMPORARY storage of the MOBILE HOME, semi-trailers as defined in Section 42-1-102(70), C.R.S., and Cargo containers used as TEMPORARY accessory STRUCTURES, on the land involved. D. Only one (1) zoning permit for TEMPORARY storage of a MOBILE HOME , semi-trailers as defined in Section 42-1-102(70), C.R.S., and Cargo containers used as TEMPORARY accessory STRUCTURES, may be issued per LEGAL LOT at any one time. E. The Department of Planning Services shall make its determination on the issuance of a zoning permit for the TEMPORARY storage of a MOBILE HOME, semi-trailers as defined in Section 42-1-102(70), C.R.S♦, and Cargo containers used as TEMPORARY accessory STRUCTURES, on the basis of a signed statement by the applicant that the conditions of Subsections A through D above are met, upon information contained in the permit application, and upon such independent evidence as may be available or which the staff may reasonably require. F. A zoning permit for TEMPORARY storage of a MOBILE HOME, semi-trailers as defined in Section 42-1-102(70), C R.S., and Cargo containers used as TEMPORARY accessory STRUCTURES,,shall be for a period of six (6) months, and is renewable for additional six-month periods only by grant of the Board of County Commissioners. G. The Board of County Commissioners shall hear the application for renewal of a zoning permit for TEMPORARY storage of a MOBILE HOME, semi-trailers as defined in Section 42-1-102(70), CRS., and Cargo containers used as TEMPORARY accessory STRUCTURES, at a regularly scheduled meeting of the Board. The Board of County Commissioners shall give notice of the 2002-3018 Page 9 ORD2002-9 application for a zoning permit and the meeting date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first class, not less than ten (10) days before the scheduled meeting. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permit process, even if such error results in the failure of a surrounding property owner to receive such notification. The Department of Planning Services shall post a sign for the applicant on the property in question indicating that a MOBILE HOME has been requested for the property, the meeting date and a telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the meeting date. The Board of County Commissioners shall consider any testimony of surrounding property owners concerning the effects of the MOBILE HOME on surrounding property. The Board of County Commissioners shall also consider whether the application has demonstrated compliance with the requirements of Subsections A through D above, as well as compatibility of the MOBILE HOME with the surrounding area, harmony with the character of the NEIGHBORHOOD, its effects upon the immediate area and the general health, safety and welfare of the inhabitants of the area and the COUNTY. Amend Section 23-4-170. Temporary accessory farm use. A. One (1) MOBILE I IOME may be permitted in the A (Agricultural..) District as on ACCESSORY fi,,,, Jo: upv„ a .01 ,.A zoning permit for the TEMPORARY use of one (1) MOBILE HOME for an ACCESSORY farm USE, on a lot in the A (Agncultural) Zone District, in addition to`a principle dwelling unit, may be issued by the Department of Planning Services upon determination that: 1. The MOBILE HOME will be occupied by persons principally employed at or principally engaged in the operation of the USE where the MOBILE HOME is located. ACCESSORY farm USE of the MOBILE HOME shall be established and revalidated on an annual basis as follows: Evidence shall be submitted by the applicant or property owner by the first of each year on the 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 Gone (1) MOBILE HOME or MANUFACTURED 2002-3018 Page 10 ORD2002-9 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. 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 2002-3018 Page 11 ORD2002-9 owner to receive such notification. The Department of Planning Services shall post a sign for the applicant on the property in question indicating that a MOBILE HOME has been requested for the property, the meeting date and telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the meeting date. The Board of County Commissioners shall consider any testimony of surrounding property owners concerning the effects of the MOBILE HOME on the surrounding properties. In addition, the Board shall consider compatibility of the MOBILE HOME with the surrounding area, harmony with the character of the NEIGHBORHOOD, its effects upon the immediate area, and the general health, safety and welfare of the inhabitants of the area and the COUNTY. D. All MOBILE HOMES 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 oEne (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 at,rl;:,c..,t l-, J„bmitted a petition contc;,,;,,y d-c. J;y.,enure3 of at least seventy percent (7.0%; ;,.vning property within `. I,v,,J; J 'calf)) f.:-.:.t . 2::. ,..:.perty on which the MOBILE I IOME ;J pwpoJcd fu be locaied. The petition she. ::-J: # that the surroL.,,J;,, ;'s9 petition have no object;;,,: t L 4,, f ;,,y ,,,,t; for the MOBILE I IOME.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 appl;;..:7 t:, ,.btain a petition in fao , f YiIG iJJuafiuC of a z.nit 2002-3018 Page 12 ORD2002-9 permit for a MOBILC I IOMC will (70%) of tl `.Z. h.-n...1-4 1,-50&) fz.at :f, ;I',:. Ei,operty on MOBILE I TOME r, r 1 t '�c I cic 1, tl, ^c.,:,,.1 of County a,d , the zoning permit for the MOBILE I TOME in a public hearing in accordance with the provisions of this Chapter.lf 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. 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 Countys 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. See 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. 2002-3018 Page 13 ORD2002-9 Ca 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 cannotbe served by using more-preferred facilities. Sec. 23-4820.` 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:$or more dwelling units or farms and ranches oorttaining dwelling units. B Commercial Tower facilities are allowed as a use bynght or accessory use on a Property;:aSfollows; 1i 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'Resitlentialuses. 3 Antenna Towers are permitted by Special Use Review in the following zone districts: C, I, A, PUQ with:Comment al 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 CommercialTowerfacilities. 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,farma E. In addition to meeting the Special Use Review standards set forth in Artide II, Division 5 of the Weld County Code, the applicant shall submit documentation addressin the following standards: 1' Existing or approved towers cannot accommodate the telecommunications equipment planned for the proposed tower: The tower shall nottohstltute a'`harard io:aircraft. 3 The tower shall be placed on the property to contain on-site all ice-fall;or debris from tower failure. 2002-3018 Page 14 ORD2002-9 4. The proposed,tower shall provide foeshared capacity, if technically practicable. 5. The tower shall have the least practicable adverse visual impact on the environment. fi: 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. (V The proposed tower shall comply with all applicable federal and state regulations. 9 The design of the proposed tower shall insure structural integrity. 10 Theproposed 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 pecspectlye. 12 The proposed tower shall,not adversely,impact wildlife Sec 23-4-830. Performance Standards. .AritehnaltiWer and:':Eouipment 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, 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 zoningdistrict. 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 zoningdistrict 4. Guy Wires and Equipment Buildings and Cabinets. Minimum setbacks 2002-3018 Page 15 ORD2002-9 for guy wires and equipment buildings and cabinets`are the'same:as minimum building setbacks inthe underlying zoning district: B. Equipment design. 1. Attached antennas on .roof may extend up to 15 feet over er the height of the building,or structure and may exceed the underlying;zoning district height limitation. Attached antennasTmounted on'abuilding 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..buiidingit 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. 31% 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 redbeacons 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 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 justifyingthe area and location"of the,BE. 5 The maximum permissible noise level shall adhere to the maximum permissible noise levels allowed in the underlyinq'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 $40. 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 2002-3018 Page 16 ORD2002-9 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 nghts4of. 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;s gns. D: Commercial Tower facilities, except those in the C and;l'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 a-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. E in addition toequipment proposed for the applicants use, proposed antenna towers (excepting concealed antennas) and sites must be designed to accommodate co-location of additional Commercial Tower providers: C. The Planning Commission and/or Board of County Commissioners may eliminate the required co-location if an antenna tower necessary to.provide for such sharing dominates and adversely alters the areas visual character. D: The:Board of County Commissioners may revoke a tower building permit or other administrative approvals if conditions for approval;of an antenna.tower include coo-location but: 1rThe tower owner is not>willinq to provide space for othe 'carriers.ata fair markefrate when it would not impair the structural integrity.of'the tower orcause 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. S ` Addition of equipment for co-location of subsequent Commercial Tower providers on existinq 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, rton-conforming:antenna towers is not considered a Wort-Conforming use 2002-3018 Page 17 ORD2002-9 expansion and is exempt from Article VII of the Weld County Code if the tower height remains unchanged Sec 23-4-860. Abandonment. If the Use by Special Review has not commenced within three (3) years from the date of approval or is discontinued for a period of three (3) consecutive years, it shall be presumed inactive or abandoned. The COUNTY shall initiate an administrative hearing to consider whether to grant an extension of time to commence the use or revoke the use. If the use is revoked, it shall be necessary to follow the procedures and requirements of this Section in order to reestablish any subsequent Use by Right'or Use by Special Review. Upon the determination that the use has been abandoned, the facility owner has 90 days to re-use the facility or transfer the facility to another owner who will re-use it. Evidence of such shall be provided, in writing, to the Department of Planning Services. A Removal of abandoned Commercial Towers shall be addressed in all lease agreement and shall specifically address the duties and obligations of the leassee, their assigns as well as the property owner regarding the removal of Commercial Towers deemed by Weld County,to be abandoned. B. The applicant or owner shall submit a improvements agreement agreeing to remove the improvements as shown in the application, plans, plat and other supporting documents. The agreement shall be made!in conformance with the County policy on collateral-Tor improvements. The agreement shall be approved by the Board of County Commissioners prior to commencement of operations, as applicable. Sec 23-4-870, Application. A Application Contents. In addition to requirements outlined in Article II, Division 3 - 5 of the Weld County Code, applications for administrative or Special Use Review approval of proposed Commercial Tower facilities, and additions or modifications to existing facilities, must include the following; 1. A Site Plan showing the location and legal description of the site;on-site land uses and zoning; adjacent roadways; parking and access; areas of vegetation and landscaping to be added, retained, replaced or removed; setbacks from property lines; and the location of the facility, including all related improvements, buildings and equipment. 2. A vicinity map showing adjacent properties, general land uses, zoning and roadways: a. Within 100 feet of a proposed attached antenna site. 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. 2002-3018 Page 18 ORD2002-9 3.: Elevation drawings of the proposed facility showing all antennas,towers, structures, equipment buildings and cabinets, fencing, screening, landscaping, lighting and other improvements related to the facility, showing specific materials, placement and colors. 4 Photekealistic renderings(photosyms)of the site after construction, demonstrating the true impact of the facilityon 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. 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, The FAA response to the Notice of Proposed Construction or Alteration (FM Form.7460-1 or equivalent), if the facility is located near:an airport pry flight path; 71! 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: Metter of intent to allow co-location on theintenna 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 alsobe 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 imade in conformance with the County policy regarding collateral forlinprovementa 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. 1'1 A map indicating the service area/radius:of the proposed Commercial Tower in:addition to the service arealradius of other:existiinq: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, arid!onemile beyond the County border, including Wyoming. 2002-3018 Page 19 ORD2002-9 Sec 2 880: '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 Planninq:Services will make a decision to approve or deny the request,of 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;indude 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. 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 ithird-party technical study of a proposed Commercial Tower:facility. Selection of expert(s)to.review the proposal will be at the soles 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. $ep123=4890. Information Request: A System Information. A Commercial Tower provider will meet with;tke. 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 an effortto promote co-location and co-development of facilities. CHAPTER 24 SUBDIVISIONS Delete certain definition in Section 24-1-40. Nonurban scale developmen.'. lots wl,;;,;, ,u.Lae I ellC.Q CIS LIGE, , Chapter 22 of this Code and are riot 7,.;Ds, subdivisions, municipal bound..::,,, corridors. Nonurban scale c .. ,l .r::: ..blic water and septic systems shall have a 2002-3018 Page 20 ORD2002-9 ;.`one-(1) a..J armies N _` I I Y,,,...r: r,�r ;,:.....,�.. ,,..,. ;;diaid a:, r,' Fi' vclls and septic systems sh&E .;;two and one-half (2-X) Add certain definition in Section 24-1-40. Obsolete Subdivision: Any approved or recorded subdivision plat, map, plan or incorporated community legally filed or created prior to the adoption of any regulations controlling subdivisions and/or lacking survey information of sufficient detail to determine precise lot location, size, configuration or other necessary information. Correct typographic error- Section 24-5-10. Purpose. The resubdivision process is used to propose changes to an approved or recorded subdivision plat, map, plan or unincorporated community legally filed prior to adoption of any regulations controlling subdivisions. The resubdivision section describes three-(2) (3) procedures for proposing changes to lots, lot lines, streets, areas reserved for public use and utility and drainage easements. The minor resubdivision process is described in Section 24-5-20. The resubdivision process for changes to lot lines only is described in Section 24-5-30. The resubdivision process for the purpose of redesign, addition of new lots or vacation of all or a portion of a subdivision is described in Section 24-5-40. Amend Article V. Resubdivision, as follows: Sec. 24-5-10. Purpose. The resubdivision process is used to propose changes to an approved or recorded subdivision plat, map, plan or unincorporated community legally filed prior to adoption of any regulations controlling subdivisions. The resubdivision section describes three-(2) (3) procedures for proposing changes to lots, lot lines, streets, areas reserved for public use and utility and drainage easements. The-minor resubdivision process 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. MinorrResubdivision for vacation of right-of-way. The-minor resubdivision process for vacation of right-of-way'permits the vacation of certain roads, streets or alleys. A_minor 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 minor resubdivision_process 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 2002-3018 Page 21 ORD2002-9 vacation waive any objection to the vacation by signing a petition. C. The vacation shall only be permitted when it is compatible with the surrounding area and uses, is consistent with efficient and orderly development, is consistent with Chapter 22 of this Code and does not deprive any parcel of adequate access to a public road or street right-of-way. D. The vacation of any right-of-way may require the reservation of an easement for public utility or drainage purposes in order to meet the easement requirements of Section 24-7-60. E. The following information shall be submitted as part of the-minor resubdivision for vacation of right-of-way application: 1. An application form provided by the Manner 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. If the li3t , , ,c, ,d ;,4 the County Assessor, tThe applicant shall certify the list was assembled within thirty (30) days of the application submission date. 3. A petition signed by seventy percent (70%) of the property owners adjacent to the property under consideration. 4. A written explanation of the application and reason for proposing the right-of-way vacation. 5. A written statement explaining all lots and parcels adjacent to the proposed right-of-way vacation meet the utility easement standards of Section 24-7-60 of this Chapter. 6. Minor rResubdivision for vacation of right-of-way map requirements. a. The dimensions of the minor resubdivision for the vacation of right-of-way map shall be twenty-four (24) inches by thirty-six (36) inches or eighteen (161 ;,, „ y ? .c.,-,1y-four (24) inches. b. Unless otherwise approved by Department of Planning Service staff, tThe minor resubdivision map shall be drawn at a suitable 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. 2002-3018 Page 22 ORD2002-9 F. Minor rResubdivision for the vacation of right-of-way review procedure. 1. Upon receipt of a complete minor resubdivision application, the Planner Department of Planning Services will schedule the request before the Board of County Commissioners within thirty (30)sixty (60) days. In the event a utility easement is affected, the Planner Department of Planning Servcies shall schedule the request on the first available Utilities Coordinating Advisory Committee meeting before presenting the request to the Board. 2. The Planner Department of Planning Services shall give notice of the application for a-miner resubdivision for vacation of right-of-way and the meeting date to those persons listed in the application as owners of property adjacent to the vacation property under consideration. The notice shall be mailed, first class, not less than ten (10) days before the scheduled meeting. 3. A recommendation for the application shall be prepared by the Planner Department of Planning Services. The recommendation shall address all aspects of the application, including its conformance to Subsections A through D above. 4. The Board of County Commissioners shall hold a public hearing to consider all aspects of the application, including its conformance to Subsections A through D above, and the recommendation from the Planner Department of Planning Services. If the Board appro es-ll request, a A copy of the application and sketch shall be kept on file with the Clerk to the Board. If the Board of County Commissioners approves the request,tFhe Board's resolution and_minor resubdivision map shall be recorded in the office of the County Clerk and Recorder. Sec. 24-5-30. Resubdivision for cehanges to lot lines. A. This process is not to be used for lot line changes that create additional lots, affect existing road right-of-way or affect approved subdivision drainage easements. B. The following information shall be submitted as part of the resubdivisiony>roeess for lot lines only for changes to lot lines: 1. An application form provided by thu Plat Department of Planning Services. 2. A copy of a deed or legal the property b;,d d ,,. 'f an autf; .,� t y ,t ;y. the application for the fee owr,t,, u lat;c, y. .. ng power of attorney to the a4 ,t from the property owi ax shall be provided.Copies of all deeds or legal instruments identifying all fee owners of property under consideration. If an authorized agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is 2002-3018 Page 23 ORD2002-9 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 0.149 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 resubdivisions, lot lines only a resubdivision for changes to lot lines. 1. Upon receipt of a complete resubdivision application, the Planner Department of Planning Services,will schedule the request before the Board within thirty (30)sixty(60)days. 2. In the event a utility easement is affected, the Planner 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 Planner Department of Planning Services shall prepare a recommendation for use by the Board of County Commissioners. The recommendation shall address the following: IIa.:tr,a latfie rc%a5L:: _ :thiharr., recorded final plat; and t. I I1/4,s— \a aJ::p£:i affecting the subdivision. 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. ,.. B :J '..all review I:c. Ly. t and the staf make a decision on the resubdivision. l., ,,,a;.:,;y a decision, the Board sFid .,-, 'c, `the resubdivisic.. , ;ir el p{en a ,J if it complies to tin; and Lsui� o s c. u.-3ntly in force and afkck.-.s 41 l d a .. If the-Dua,J with requirements, it shall 2002-3018 Page 24 ORD2002-9 ..-..3.1-division plat u� Y . c ; , 3� 4 4 40 C of this Chaptcr.The Board of County Commissioners shall hold a public hearing to consider all aspects of the application, including how the lot line revision complies with the approved recorded final plat, how the application complies 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. 24-5-40. Resubdivision for rRedesign, addition or vacation. A. A-This resubdivision process is used for the purpose of redesign, addition of new lots or vacation of all or portions of a subdivision shall follow tl.o 3 rorl.i:taI HAD ;JcJ ;.; Article IV. The the applii.at;u,,t urr; r::- �`� �y�:•�:� ..:.d notify the Clerk to X•,: 3:.�: 1 .;✓:r (60) days after the complete application has been submitteJ. plat shall show only the preyed, rcauLdib.3iOn. If an is not applicable t .'.. d resu 1.: ; i•, :t may be waived by the Planner. 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. 6-2 In addition to the requirements of Article IVSection 24 4 40.D, the following application information shall be submitted: ta. A resubdivision application form provided by the rlannerDepartment of Planning Services. Thi3 rcpiacc3 the final plat application form. 27b. 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. 3c. A copy of the recorded final plat. 4-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. 2002-3018 Page 25 ORD2002-9 3. Drainage easements or rights-of-way designed to accept drainage shall not be changed unless supported by a drainage plan and complete engineering data for the affected subdivision. C. Review procedure.. 1`. Upon receipt of a complete resubdivision application, the Department of Planning Services will schedule the request before the Board within sixty (60)days. E2. A resubdivision application shall be processed and reviewed by the flat h lc' Department of Planning Services and Board of County Commissioners in accordance with Sections 24-4-40.E and F 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. E. .4:-ft., -t. , 1 :: J to accept drainage shall not be changed z. J. Java for offac;ad :,..Ldivision. 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. Section 24,8-10. Exemption from definition. A. hc,cby-detc..-.- .,cc Mc.: land divisions which. ,....:.t tl, for exemption in this A:J..; w;tllll. .'..v ., J ..Art c 20 . Trtic 337 C.R.S. r urs,tarit to subae',Cei i 30 28 101(10)(d), O.R.5., aucfi land drvittens-are 2002-3018 Page 26 ORD2002-9 a,r,rr;L.., the definition of subd;v;a;or, or Jubdir,;Jed land anu from following the co,upl..te ,:c,,,ks ac..-.1 set forth in this Chapter. The land d . : :: s :a'L `t flu.rt1 a p. J . EE:: A.t; lc. C;..:rnptions approved purauarrt to this Article shall be referred ko r.:.:o.Jsd . ..,, :ions and D. Owners of lard t.. one (1) of the result:.., pa. fd be less than thirty five (3J, C. Thc ECc,d delegates the authority and and app.o rlanner throuy;, asp review :he regt,c 2#,:. .. ,..z.s.'J&c: .......nption Ur r.cJJ"Yne Fla,,,,e. finds ti.; v,-the afandarda of 3ub3eckw,lcc2Y 0 40 B.1 through B.6. If the Planner determines that the cr, l; 4:r. Lc.: :. t ::: t tic a w:,Jc:J:. 3::t.a..,:tion3 24 8 40 0.1 tl ougl 13.6, the request ..:II t.- Board will consider the appl;oat;o, and farce final aci;or, on Inc. rcco,Jed isssvr';.;J;o,. p. . . • • .. .J o divide a lot, .;JI acJ a , apps✓.aJ s.�'. ,.is;o „ ,rr:o kwer(2) saga.nit 13ia. Exan,p'ic, ut when a recorded exemption applicati.;:; agricultural zone district c c;:3c `amilq °J::r:a: Luilding site, separating existir.y a: :and, and or induof.;a1 zo.,o d,atrict for cx;ating or fciture development. D. r\--,:;;;;;.:;-.3 of Section 24-8-80 shall not be applied to prohibit the approval within ten (10) jcc.rs, Lut nclicJJ iharrr';VC (5) yearn, of one (1) addii;onal application for pai i of a orJ�J a.. rnFiooR which-‘,..as rr, er I': rrl: a ; :': ,. .J;..g as of October 25, 1995. This shall E.:i ::': �L;z:. urree with-AruS Ill, 3e.a;orr3 14(2) J the I Ionic r:ule Charter. rice. 24 8-30. Submittal requirements. Tic following ir,#on„v o„ ;,all -„,c.f./.6",6d submitt:,J t;;:h.:. Capartment of of the A. A recorded p .; ,. r piivatiui rfu,i s providERt :., tr..; E .... .. D. A ....j . a Jr:.d C.;;;/::.;Z::::'S interest in the property under C. A certificate of convey°. 'kiln provided by the Planner. 3. A water supply statement. me JEaf t will a water aupp:y J 6u`ficient quality, quartit, i:,;::,:,iat2ity will be availE'o:c. :, s:., . the two (2) r: r ccJ I t . A letter from a water district or .;, :.: :ra-t, .vef p lr.VC a c...,n,y-r.as Cif ...� ..�..... � ,....s:.;, .. ... I,:. ..ci;., s..ppq s:aic„an. sh0t1J a :7_:... y.._ ty c __.J ti4_._f•..� _. ....:y_ .. .c.... ..... 4.. ......d. ... .1.:.,: rraiL"r a.anabii. iu'il'rt Ji[G f api:1:; .a.:1:.. C. A stat r.. :.t ::rlu::.. :.y *tat n,a proposal I rs ..7r I,a✓ ad q a ., a io.-the disposal of the underlying zone distr;c: 4: J tlx:, Department of P lealth and Environment. Ir. A description of how if::. r: r `, '. L '.::y : d. When t?.o pare; ; ..ated in the agriculL.al L;,: c d::.trict, the description shall and ,,.,,,p,;, tt►rrrdan.l as dctincd in Chapter 22 0'-J,,... i,pas J I;.c.:hc.cA; and any ...osctr.y ;r.,p.u.arnanks s..o', as"ihc p �r.o;pal 2002-3018 Page 27 ORD2002-9 IGLc,, home, mobi;o h:,r„c., ir.a,,..r�Jiac:uroci-ironic, La ,l, Gulbuildings, irrigation ditch:. J ✓. rivJuet;vir.- l ;L o:. tha O. Tts reason for the r.;,a:,6d .aaa, aL, ;: ,.,, ; .: ,.i 1, G,, ,:fJ:G.,G ;o,, lot will be used. I I. of the location, size and present use of the area where the a;-aa:;.f: I. A s a :' ::,:rlaining how the p,oposGl ; .o,,s;::ient with Chapter 22 of this Code, any adopted ran and any approved intergovernmental ay, :.'. . :applicable. J. A statement explaining how the Le, ..,,.,.edible with existing It A as::a:a a..'with the intent of the district t' I , ,ac.J within as expressed in Chaptcr 23 of this Code. L. A 3:ata:-:.a:.r. _ ,..:...:...y I'. :, th.. . a a .a aa..u:a-ta:,1 with tI. r rr of :,r Cection 24 1 30 of this Chapter. M. A , did ,,,, lien �I:�,�, 'nap d:a:vn at a suitabta aaa:a .,., - 3I,. ,: of paper eight 4:.d ., t.al` (CX) ::.J-:aa L; eleven (11) s?.aa. Tha legible and include the following information 1. TI:a pas; Ja;, af tl:a , , , a J rsserJeJ c c ;s; rrcrc r. £. Mt Lounddr;oa of all lots created by the proposed ,000,JaJ 3. A ,,o,tl narrow. 4. Thy:c,.ata, of all existing ar,.. r: r J wcway3 and accc33ca associated with either lot. a. Thy urp:::,w:.t S-:aY. ,slats c. Weld County 4 WAccess Information l Sheaf'for Gd4i, G.::.co poii.f G,,J :.u:.?, Li. of a ICIJCJ exemption. b. D:ras, a vubin ,oa J s:,Gll L I;:,'„ted to one (1) per toyel pa,cc':, o:;oopt where further limited or restricted by zoning or V hete-ii,.. auaaa ;o aJa.;d,, :; :,:ate highway, the Colorado Department of Transpoiiat;on has ja.;:,J;:,c-,, a.Ss4;,,y proposal Guess po;,rs. T:,o Gpp:;odnl shal L:, asr:::.s:L1e for obtaining new access from the Thariar e :,, .,, t;,.s ,oGds , I.;yI,..G,sabuttingtheproposed 3. All existing st .i'. :;s 3:: ;?:a .-.._..._.__J recorded _.._....... a:.J laL... homes, outbuildings, pens, irrigation ditches and oi: ..all p,ot:action foci iHea. . t c:• ::yhts•of way located on the propsa3 exemption property. C. ;MK:. ,:...,, ,J , property includ::.y, 5;; ~nit l::7 t;J to, substantial groves of vegetation, sec.:,.. opoy,'Gp:,;:..y: a..rfi:;Bet:., :rr;yd{;on oe:f,L3 u,ld water bodies. Nev: Jriveu..;s ;Sy when no otha: T:-. r: r r:, ..:: : ..: t r: .:Js-a sit C. 3uliing envelopes s.cl: La Jss:-:.a:ed, f:: Gppl;oG,.: intends to designate a s a ;:-.3 . a ata'a'::;:,;,,y a.-.-42;unee 2002-3018 Page 28 ORD2002-9 with .;f this Code, including but not limited to, Sections 24- 1 30 A and 24 1 30 J. N. A certificate from the County T.eaoare,•si,o.ving no delinquent iaxea for ine area referred to ;n the application materials. O. A statement explaining the current irrigation Sa. 24 &40. Duties A. alwrll Lc icapor.ala;e to. proceoa;ny and appro..-.y . .ndeJ exemption applleat;ona as delegated by the Board. Ti.� �la.;r.c,yahall also have the responsibility of ensuring that.al ar-:;:.a.;;,;- bmit:al reya;re.ncnio are rr.ei prior to initiat;..g any oft;c.;J �c,; .;. C -. 4 pct 4p, ;ca;ion is submitted, the Planner shall send the app;;cai;on rctena; agenc;e„or review and Th aye„ ..V:hin twenty one (21) days after ll... appk.al;vn ;a mai;ed. The fai;urc of any aye.icy io respond within twenty-one W) .ic,c. .: &, L: deemed a All re` :;J �y .: feview 3c;..it,. T..c authority a.li responsibility Y: val and denial J; with the County. The ieferral ay ,, , , ;nclude: 1. Tin:. Flanr.;r,y P,or.;. .; e;o., .i yo.ei.9ing Qt:;• J a.;, municipality or County within. the , ,oc; ,;Je. consideration for the proposed i o.JeJ ,. ...p;ton or if Th.;r: rooeJ , aJ exei..ptn_nris within an urban growth, t �.;J�;r, uz. J.AI.;cJ ....J adopted in any approved intergovernmental agreement. Dc,pa;;;; ,rt L;;;.; lea;th and Env;ronment. 3. B ,a.trr.e.„of r ubl;e-works. 4. Colorado &tate Eny;.'.eer, company with facili:;ea or. o.•adjcocnl;aa;:, —.dz.. ;lc: tart ;s o s,Jo.ed r.eowsary :o cvaluatL. :c.;,;;:-J:.d exemption application. D. ahaY ,..an.. forty-five (45) days of .c. .c..p: J a Th.; "h:..'.:.;:.''c ruoinn,e..Ja:ion ol-,all oona;de, comments received from referral agencies to determine if th.i. complies 1 beano;. u.„1. a:;,,,. 1. .vtth tha urban growth boundary :.al.; contained in Chapter 22 of tl.;s-ude, as weX .... .y.............:t. . may. .,....,,'�<.�..,. ....,..�.1,,.1 ,..,.., ';'i;;.... 4rrl; ...... ,., boated ../th;., a apcc.icd In: ryo.e.'i.ine:9ial L�ar,dee, of ca: 2. o.,-., c.-bility with existir.y 3. of the zone district the rece.'tJ located within a ;:, : a d ;;; Chap•:ei 23 of this Codc. 4. uonasier.oy with the pa,poao of e'f1derei and ordcrltd:..•r:4...;..,t-as cxprc3aeJ ;n Sec.-t;,;;'; 24-1-30 of this Chapter. ..7h the recorded exemption a-tat-Jaida aei forth in Section 24 8-80 of this Chapter. for th- f ?: :': `the health, safety and welfare of the ;rd,u'✓a.s f The neighborhood and the County. C. Tha approra; by the Department of Planning Sennaeo . d(-rr.a, b; �aioned or restricted to carry out ti... Section 24-1-30 of this Chapter including, 2002-3018 Page 29 ORD2002-9 but not limited to, designa;;a„ ✓ Lain.;,,9 e, a;oreo, c,ea;;or, ✓ c.o„servation ;,ass;..:., .,tl:... Isy&; ... '.. ..,�..:� : oye ay ;odlY a sf-the parcels ai.J is ... .;:t.... .. :ya;; a; , ` , the rut ls ...J tl. . ,.:ilization of stock. Conditions of ;......:;:ing the plat u;.J ; Lc. .,.,,..,cc:}-by mcar,o csf no;w or, the plat. Ctis. 24-≥-..,0. Duties of Doard of County iur,rr,;aa;ur era- A. Th shall hold a public hearing cxen,pt1mr application and t: tal ;;,,a; ae6oi, theroon, ;€;hd Planner has determined the app1; a:;ur has ,,:,t met the s-ta..Ja:Js ✓C .L3ss'.a;.:, 24 6 40 D.1 through D.0 abs.... FP,.: :...,;;,'der the o`2; f ,, referral ay ,, y .astaa.`, 'the applica;ion wac #nc and f. L. r:s s. at the sti ,.4,.,.y. Tha unless it-,,;:Js tl:s arpLa;t I: ., (1) i J J or more yr the aeei, ar-a i7f The app .. e ..:,ant shelf; Jen,onavac 1. Ca s;: 2..-.c:.4Fiee-wi:{'; pohciea and goals contained in Chapter 22 of this Code, as wet'. .±,a on adopted intergovernmenta: located wi8:;:, a s,;ssif;cc ;,,L.ys.s::.:..s:.tal Ls....Jary area. 2. Canpatibility with the existing surrou„dii.g 3. Consistency with the intent of the distrial.-`t-!-;:. .sss::zed exemption is located withi ; as ::r: ' ;,j Chapter 23 of this Code. 4. Cs.Isis ency with the purpose of Section 24-1-30 of this Chapter. QCs.; i:u as ..:lh the recorded exemption standards set forth in Section 24.8-80 of this Article. 8. AJ:.;,jate provision for tha of the health, safety and welfare of the inhabitants of the. a.:dthe County. A.. arr,u.eJ occcos iha4 will provide for safs ` - - --- t :;' Atli I rH n. parcels. D. The app.-stied by the Board of County Ss...,;.,s .s:,s.s :,; , Ls ss:; Lai t a;;, s is YLs ;:.tent of Section 24-1-30 of this Chapter and include, but not be lit.died to, dc3iynation of build; zither legal ,:; sl; age agricultu:al ..sss s`tha parcels and to i„aril;an, .rrigation wafer€o trio parceia, and the utilization of existing h.s:s; y sock. Condit:ss ;i a i . I shall be met prior to recording H,. plat-ai,J ; st: .. .. a, is ... t L, ;,f notes on the plat. Oa;,. 2t-9-62. Zs .s'�s ., . '., tier reocIut v r. A resolution setting forth 8s 1s ; ; ;. J th:r3sa:1 si,aZ be drafted and signed. A record of such action and a c.c. .f the resoluts;: .:r' La I:apt ;.. tI, ;I of the Clerk to the Board. T,:c 3sa.J s:a: also authorize the Chairman iv sign ino pia; rcyu;re. n, uecnorl 24-8-70 below. Ccs. 24-8-73. 'ts :Js ion plat. A recorded exemption plat shall be prepared a.` a : ss. c' s.;s: .Yt; .. a,plication is approved. The p;at shall be submitted to the Planner fa: :sss;J:;:y }f ce of tl,., County ClaeI; s;.J Zss ,d ,. ;, daft ful;un;n9 requirementst A. The plat she l, Ls r;era,:J bs w ,sy.J.....sJ Ia:,J n... ,yor in the State. D. TI-.a iaa". aka?: stable polyester sh. '.. s.s'.-. as a....:4: a; LYE; a. stl.s. , .,duct of am.:a :,;.sty, 2002-3018 Page 30 ORD2002-9 three (3) I,.i;l;r,,aea,s of ylaa-z. ;rl S1;oicnesa. The JIzc of each shall be either Liyl It 11 (18) hiches in height by ,, fa... (24) ;;,at;aa ;:, .yidth or twenty-four (24) :..ah:aa :., ,.a:yl.t by thirty six (3E) ;,,atia ,., .victh. Tha raix:rig af sheet sizes al;Patad. tIo plat submitted shall contain any a;,;-; af type material sad-. __ Lit slat I::,-.tad to "aticky-back," adhesive filra a.l:;a, lafta.;..; tapa. T,1a dla.:;4y s,aE Le at suff;a;arit aoala io show all necessary detail. C. A photo Mylar copy or d;azo „ ,.,uj-hlyla, as , J 8-.:. cr;ginal ink drawing T.. _ ;'.:a E.:a! s-:a'r to at lap:,', three (3) millimeta,a :.: y::.ateK in thickness. D. TI-la plat submitted will .rta;,, IL a.igi.'al slyrft:arres and soQ b f all parties requircd sign tha 'fiat. If a photo Mylar copy or du;_:. submittal, tha arid ,,. a a{ ul: La :d.ta...ad thercon. TI-la plat-ts.gall La tice r E.;;;';';Yt Z s No. ." Tha iiepal{rl ici it of Plan.;: ;y Ca. ;s'r fill in tha Tha ,rdat and 1aga: J.. Vii.:.,,, chaff ;,,;?,.J ad y L..id owned by the apphca: ar as , .o.;d;,d ;11 o.da:.oa ..ah Section 24-8-80 C of this Articic. G. Any lot to be creataG tl.;o ,a , Jad .. ,,,rLo., p:o azure shall show the bearings, longtha and curve data tha lot K Loth lots to be created threag:, a ruollaJ a,.a,',,, La,; , .aaaJtt:a a:a laaa tl';a;'; thirty-five (31}) 6,..,,,, KSerl tk, ya la ,yH'. a,,d curve data toil. both lots. A ba ::Ja:, a ::es a!-:al L.. ::.:;: :;.,J around :I;a ._. n , ;;ah La ,oy ,,oJ 4O.• :. „ay la, al,ar 1 lot wkida da. ..t ,,aL.a La...,da., a„d cannot bc accurate.2, daaa,ranti .vithout standards for land swr.ay6 6i-id-plats n. I 'rtia 38, Article 51, C.R.S. I I. The plat shall incluc'a a .;a;:,t, al:atah: ..;ar a: a suitatla aaa:a. TL ..;ar ahall locate the o:dad ,,:;;;.1, fats-with .::.d other major land faat...aa. Tha iiiap shall also include tha I r; ;'; f ar r. roaad a,, I. ma plat shall includa a:; aaaarata J,a..ing of tha arr:a,ad la's: 1. Tat iat :: ..:::J::d .. ::;r o;1. T:; s;5lalh. pa. e, ahall Lc. dasiwia:aJ Lot A and J,a laryar pa.aal Lat E. T.,a ..;aa3a for Lots A a.,J E-...LX ...s giver:. Tha aarznaga-far Lot A atiaH La aaaa,at2, a,ad a..J the drawing shall include. 6aa,n. ,, a'islancas and o a data ii.•Sr: St-A, .l.:.ah. a:,all La .afr, ,, Two (2) public land survey e record. Lot 3 ah.a?. a a a.. .a,cd, if rcqu;rod Ly S r loss d is thirty-five (35 corps of 9.e.aial ai id the approximate dimensions for the boundary of Lot 6 cal. La given. Existing public right3 of .. , :a,:J:,.y • • • -Co both lots shall La sko..,t. 2. TI..a Id: raaorJc.J o.. 1„pf;art. TI-1a-laat ( ) a., l:a? pa.eLs . ..a be. daa;g;,a:ai L/..'rant Lot-3. Tha saga for Lot A and Lot-3 a,lall be aaa:.:atal, alai and tha and curvc daia for ari fines of Lai+Aand Lot ;,, ywhiati be referenced to two (2) public land aurvcy ,1 y of record. The one (1) larger parcel shall bc dc3ignatcd Lot C Lot C 3haX araa La au;'.cycd, if required by ;ivosoc4;on C aLOve., for the boundary of Lot C La y;v6i E;:;AErly p o:;c rights-of way providing a:n.aaa„ii, all lots sh,r-La J. Attt.o : s . .I p:,- .&, tl.a ;ay .reme ntso`.3 a:°a 38 30 101, 38-551-101, 38-51 102, 38 53 103 and 33 53 104, C.R.S. K. All work shall comply with tha .a , ;ra,,,ants of tr..: "Dy:aa-:, And Rules of 2002-3018 Page 31 ORD2002-9 Procedure of tta &tat; Dc;u,.1 of Registration for Prof:,:,;;;;; .a: 3;,y;., ;o a;.d tl:a Professional Ju ; l the Siaie. Eioa.J of F..... ;:, ration for Pro`aaa:a:ia: E::y:::aa:a La:id L. - The pick shall bee. ₹;.a :.oiSfications shown in Apra.-:J...24 7 to this Chapter. Oaa. 248-80. :laaa:JaJ standards. .,...;.ay with all of the follot..'.g a:a::Ja.ds for all lot aJ '. J J exempt: ,. appl. a$o A. T lie yvaker by-t a�pPN r:area is ade ...eta ::::a::s of quality, quantity and dependability. D. An adequate ' : ' ' ' :armitted on all pr.., . , d :.hall comply with II,o , ,J.. ... .rs of the aptr;;eQu;e. zono d;e4.i�. ar.J the. [papa'''.no. of Public I 'earth .2.;.J lrr;ron.,,oni: C. An adequate Lya: a a : ;st. -c. . .l p;opoaco Lrt0 to pLalic road. All accoaxa a1-.ail L10 ;n accou dm u..ewditl rCl iari.a1 8, Article II of this Code. D. .a r. N J d,acordod c.. ;.,rr:;c.1 ..;II w;;.,21.-with-c- .avte.-23, Article V of this Codc. E.. Th.:. ........ _- -- af-aRt l j. than one (3.) acre., eAoept where smaller lot s.�as -..a aY�..�d ;.. I,a Z�. dkotrict or nl a,....;.pioJ by the Board of County i;:.......;:.:,;a:,s. F. Th.: Jaa:s:s,::a ar .a.a a ass.J J a;:a: : ::a:: ...ay L w.,J;tic.,oJ to mitigate Ia;.ting or future public rights of way and add&;e.,al aceoas ;:is :. County roaJa reserved in con`a:: :a:iaa ..:th Chapter 22 of this Soda a.,d a,,y actor:aJ v. T a ,caa,Jai; p::a. application shall include th:. tatai a...;:.ys.,s land :aa it in the A (Agriculture:) Z:,:,a 3.stict. In the A (Agricultural) Zone District when a contiguous ownersh:;; :,;; a:, at laaat size (one hundred sixty [163; aa:aa), a. , a pa:sal at`a:..sa : ay:::aaJ as a of the lot equal is t'': ...........n lot size (eighty [88] a :as) :'::a; 1..; arprtcation. The three-lot :.ha;l include the total ta ..o less thee. . ...:: ':a .......... ... Li. sL [463] a .as, tlia A (Agricultural) Zone o;akr;ck, or ;a a perce; otherwise rocoyn;zoJ as a co.`r.p,:,.. M"' ii...faeHi.et conveyed, within the last calendar,aa., le..-.J which would have bee:. : 1 J an intent to evade the Fa:rasa p;elisions of Sect::.:::;24 1 00 and 24-0-20 of this Chapter. II. The proposed .- d d a.. ,.,rr:; ;. , c.c/: pa. ✓a ;coo;dod c:carnpi;cn apprc.ed within� E the last ten (18) ;C.C..-3. c s. ....- r:J..J:J.. . .'.d. .-.d: agar .. �,:-.;:-Eo............c: . krtduakr.al Zone ,34,,ct: I. Th.; r:'cYaaaJ recorded exen,ar;on ;a nut pa.i of on appr: .ed subdivision or .fl. to adoption of any regulations controlling subdivisions. J. Th.:. t , F J r Je ., nrr:;J,. Jaaa atata:.a:r", act forth in Ccction 24 1 30 of this Chapter. K. Rtaa,JaJ .:a::': ':as shall mitigate impacts of additier.a: sec: s; to County roads. L. Th.; aaaama,t of building envelopes and alternative location for a building e.raluated with respect to the impact :,:..'.-:a ..-..;;;-.7.,;-;;and Tutu... 2002-3018 Page 32 ORD2002-9 agricultural prods :; : tr..; DAs. 24.8.90. r?.ec-Iu: .co .JoJ o n,pi;o A. O%L;.„rs ;i€lar a; ;;ytble f yar f`J. I i ��-t�t . o .J�� .. , ,rr;o ly when .a al Iooat I:it ( .. I': .. . J J. :y[1C0} acres) in the A (Agricultural) Iona District. D. A ft.-c.c. Lt , c J ,. . .,r.. .. u llasu,y f three (3) parceia, two (2) of which nro po.- .a ;aaa J-,,... thirty-five (3,76 acres ;n aizo, rliay La established in the A -_.• . :.:...:�gnedse‘.::e:-.-1,,.r ,- e:;:.wl :o at least twice :.J f the large:,' : .;;, r4:eel at I:.cat ane ..-..�.vJ f..v.. (123) C. Th th,aa-1✓. . J_.1 exempt. ,. Y --._ _ . J r:l .,J :: D '.. : �L� 0-33 through 24.8-80 of this Chapter. Bca. 21-8-100. A. The 3.a,J .., tiannerma) all only add. t 1,,,, J„J, where such correet.. astent • tl-,., u, , ,J.Ad plat and a,: ;.:at;.,,,. c,hnical o { ut are not tirr,i...d f J., t;,,y J :.,, the plat a:, t;,',y ;errors. D. A : :`-' ion correction may. t.' _......_ ..J L 2 . .. . _.. y... y ., Y,.,..J.., j ��:� ..LY;J ... . 14:�::�. .vhen tli� parcels of J,.. in a way which does ti:. u.,..a .n the original recorded /;a.Ilrr;IVI1, n..d craa.es no adJ t:L.: el C. The JJ.c for calc,./.At:.-. rfa.', YftrE: t::::::-.; Section 24 6 CO I I shall be the date of the ,,,ost recent prcv.oYa r000, 1 J ,: ,,,, 'ten ▪ aitJ .:;th ft, p ., ., ,, . the date of the correction. D. , ._hnical limited t , . I vY .. , ' a;J;:,y . ,,vclopcs if such rclocatic:: : : : t:r' .vttL 1:e :; .:.a. :..tent of tt::. ..r::'.:.:..1 recorded the plat and correcting survey errors. etc.. 24.8-110. ;.:,,.J,:}eJ .,.,.., ;;a;..,, .,,..,..:ti,,..:.t.. ..;th no time change. Y Any '.:4::y t w r: a9 , 4-re. : J recorded defined in Section 24-8-90 of this Sf: ,.t . :, 1 L r: __ -J exemption, if cligib L. Try Jat.:, f,:: .vith the t;r,,,,•, pro,;a;ora 9€ Dectien 24-8-8011 c:;a,,,p4;oft ...... ...stances. A. W1,a:o a L.A.-Ado.)change rcaulfa in the expansion of Lui A ink-Loi 6 fl-icieby not creating an additional L i;d;r,y ;it A. f37 13. Where .7..ore than the minimum lot a;zo rey ;:eJ ;r. a,.. offs tai zone district, the applicant is eligible to apply to L.A B f:, tl.z: a::bject to the limitations of Section 24.8-80 C of this Chapter. Dec. 21 8 12E. a:':::,::d.:'....:: A.., . .: L e 'r ..SJ .r crr•�`oJ •oJJ•Jo4 o^o'^Y`ion which is not specifically 24 8 100 A of this Chapter std/.-L... -;4 u3 recorded ;. :: :: ::, :f I:y:' I . Tr,;. date for calculating compliance with the timing J S:;:;:;:,,-.-2t C-33 II shall be the (lat.:. 2002-3018 Page 33 ORD2002-9 Occ. 24 8 130. tea. LLar.t. T.. t;.:a;a:: ,: :;".rt; :: :a ::t :.J J for the d..ia; : :f 4 ra.cel of Interest n", a pare : s.-.. :;-, J:.ca .;at result ;,, of a new .ca;Ja.r:a Jr permanent building site, for adjustment of property lira:, t eonf;yc a ru: la, c:ca:;;.,; af lots for the purpose of financing or for the t :: ::a:. ::`a parcel for public utility facilities. D. Jc,cyctc3 the authorit, a:.J ::.:,r.::;sibility. J co,3;Jot;ng and ..ith an ad.,;;:;;st:ct:.:, ...... .v process to the arr. unless it f;r,Ja Y'.a ho dpi./.;,..ant has not mct one (-1) o. .,iorc: of the standards of Subsections 24.8-170 A.1 through A.4. Ifl.".L that the appi.carri bao tie o1ar.dardo J auboecriono-24-8-170 A.1 through A.4; the requestt.P-!-1:a u, Board vain �: tl-. cYrf G.,t .J ts;c f.:cl 4 :; ,. ,,,, tF. request. s,c. 24-0-140. C� :c:3: r:c.isiens Drily Le app,;cable when at least one (1) parcel involved in any Loonda, ;.: .� thirty five (3:r) acres 0. .i;aui',a ;.I bony 1033 :hat. thirty f;re (35) acres. C. WI:L., ,, . ...;unction with a recorded the subdivision I,.ay .... utilized to�jre:;::s, a:.rc:ation of one (1) additional existing ....,;J,•. ;ti9 .:............ty-t,utbuilJ,l.gs Frui.. either of the two ;i) h4✓twJ recorded exempti:,:-. ra-,-aala. A minimum of two (2) habitt.;u;o impraeo,„o,s ,a;.of ;., .,,d , {or an applicant to be eligible to apply for this IL, ....,ro .;;or. ;1) subdivision exemption for G jbmitted with a recorded f; ,; a ication. O. Fla-Id:-which is part of an ap : .cJ au J;a;o:. p,a@ ar.y map or plan filed in the records of the County Clerk and Recorder prior to adoption of any regulations controll;„e oGLt;.s;os, o, rah Jor,�,»;.,o, iod;�;o;or. s;af L9 tl.e subdi. a: t: Cue'ni.atta.f. Lisa ...ay only be resubdiv.J:.J '.;'::y J by utilizing i appl;ocb;� D. Lets c,.:,a ;,J for the purpose of..ro,:sas;.-. o J..of ing unit 3ha11 ncrt .e3u'n .n the creation of a lot L L.. aJ.C a paratc,y. Jt,c,. la;-- ;:;r: .: `the mortgage errar.gc.:-c.r ., the lot shag cwa t c..;,t. Th Li: Lhar 6cc. 2i-C-153. DuL.. ;aa; :; :a ;uirements. TF:o app,;carn shall submit tl Planning Cervices. A. FJc:,:c, oJJ: as and telephone number of the fee oorner3 J eno property involved. 3. Co,;o;o; l&gel description of the-t.tcl r,.;,;:., y involved. C. Tots! ..a::..:;:. :f 41.',e total property involved. D. x;Ltrig- Ia.-.J ;:ac c`the total property involved. C. C:.at;ng land use of tl,c od;ac.o.,t propertie3. E;--aturea of I foo o. their autho„ZoJ a S. TLc cr;l; a s;it .:..unit the following writio., a..J ;.sporting information: 2002-3018 Page 34 ORD2002-9 1. A Let..l;.2.—.e..±.-,;pc. .1 ;the request and its puipo.so a.,J Lar.ofi s 2. I:,ya. tf:o for the fee owners, latta: t: y r r:er of attorney from the property owners 3. Copy of a deed :,, att:a, u, , : ; ;;r ;;.ye: instrument by which the • undo 4. Certificate from the County Treasto . &:. .::::y r:c dol.; ,:,t taxes a, the property undo: :..::;a:Ja:a::.::: craatoc o. '.: ..y r ..J ra.N✓ .d`.. will result up ,ural i 'Y{',c request. 3. A descrip':;o:, Je a;l;,.y-i.tvradoquate-nvrision will be made to protect the flow of i i igation v:a:N, a:-.J aaNass t;, tl-,.. ., system. 7. A:-. .:.pprove.d - 'Sat .vill provide `t. aaf., a a,,d ;rom the parcels. I I. The applicant shall submit the follow.:;h3 1. Tkic y;za of:::ar s?iclr La o:tl-,,.,• ;yl l a:2 I,xt Md/..) c? cs 'b, r a✓c.I L -(&/4 - :,yfa,:rteen (14) inches. 2. "k1 Ala., of the prnpa.l, p; , ;k;• ;.,r 1r J s;, ,, ;.a the proposed 0ituat;en graphically. If a,., a h subd:r: : .. : .. ..::tie:: : err:• r 1-s rl joso:1ood below shall be submitted to the par::., ,,4 of F'lann;ny St.-. tc. Se. .e.,.c,-Jdd in the office of the County Clerk and Recorder: 1. The plat t.a{I Sc 2. „- ,:a: shall be delineataJ c,,, 6 r I,...r:er sheet sue'.: ca ::4: Mylar en kt.e. product of g:.,at.-,• o .ol-; oitLo.•of ji".to.-.... (13) I, ;yht bq twenty-four (24) i:, P: ::. ..:�th, or twenty-four (24) ineh,c thirty six (33 ;i,oti o ;, .vidth. S':Lot oiLoo olla. cd. No plat submitted shall of-stick-or::;;;. of r : S Lo:,f: a3, but no Ii,,,2cJ t:.,, "at ol., Lu .. w 11':• film or kroy lett :. :y f r TI::, drawing shall to at c. -.,al:, :...fficient t s': r:ail .. - - - - -:; 3. .... rl4t .:all meet the faL ..:::y ..L: 6:. Set: and e ls, of %.'n a d;... ..oionGrr .sh.j.:. ra;,i;3::.. s?,Nat such as cronar, Mylar or other product of , r ,Na:::y, Lo at loaat three (3) a;y:.ati.:res, shall be made will. black ink. 4. Tho pat aabmitted will contain tl-:a ;y::.al a;a:Ntures and :.:,a;a :f a;l parties required to scyn the prat. TI-ia plat shall meet the fv;l ..;rryofiterier: 'oca o.:a:rm/Th.1ynatu.e5 a. ▪ laJ- 3.;:„ N ;1..,.N,,A;onally stable po y.. r otioat aucfi as c.unai', Mylar of ba at least three (3) ..;N;. . t ;.. • .: I::,a aX NN,::ra,.ants; tali. L ,,,a :dith nonfad;:,y r ...,4:; ,,t black ink. L. The ria: shall inolocit a NN,,:pIa.N a.,J t 4ra;C Icyal Jrroo,iption of the pa.cal 'ca;.,y c,..at.J r ..,:ei',anged and new parcels which will result. All proposed and existing accesses for each pa:sal with the regti..o.,,a:?. J E :; ,, 38 50 101, 38- 51 101, 38 51 102, 38 53 103 and 38-53-104, C.R.S. 2002-3018 Page 35 ORD2002-9 7. AX „xi; at.ali a ,.,, , ..;th the rcy,.;,c.„0,ka :, the Bylaws and Rules of Procedc.:a of tl.a &ta:a Ec,a,:: of Registration for Prokaa;a.,a; a„J F.Tcaa;o, al 3 ;'.aya. J tt:a P.ia- :.f f a . J let tl;a Gta:a Ei a.,. of Registration fa. 'Ya.a ,a„al 3,; ;;,aa,a a;id Pre%aa;a;.al :a.J F:r;o, statements. C. A a:y;-.ai aa;:;of all CJa,acla La,.d Survey Monumen/t-.'taaa.a. for indicated "Aliquot Centers" (Section 38-53 102(2), C.F:3.) ..rhba aa'a.:.itta:: ..ith the subdit ;;:;,:. a...,.-.:ption plat. If any "Aliquot Corner" indicated on the plat ;a a/.ata;-4:all, as Ja1a.''r'L :d ;., an existing monument .Ow.J p. .;o ,, °;h J ,;..J ;,; the appropriate records of the County Clerk and Raaa,JO., a a.:p, a that ;:,a.. ,..a,n ,as rJ a,.J ar;:.ticr of certification stating chat & ;a as Joaa;;LcJ a:.:'.a Gala;aca :and Survey Monument Record shall be submitted. 9. T ho i of si,all bear the certif;aat;a,.a s;, ..,, at Appendix 24-G to this CI rapt... J. A certificate from the County T.zaa,.ra,a.n.-.9 .,o Delinquent taxes for the area referred to in the appl; .u:; .., ,,,a,O;ials. Sca. 24-8-168. DJ,;aa 3apa f.;;a;t J^la,,,,ing Ccrviccr. A. Tta"tu,,,. , airiax have the responsrb t, approving all app;;ca4;o ,a fo,• by-tha st:al: a:a ::4.a ?.: :as ansibility of ensuring that all application submittal .0:,,.;,O.-n.-.15 a, . ,.,.. , ,;o, :o initiating any official action as listed below. D. Ttnc3apa,t,.arit-ef ^I :::.... Ca, ah:all a Board I...a: :., ;.:1; if the Jata,,,,;;.aa that the applicant 1-:aa :.at :.;at tt;a ata,;Ja,.1s of Subsections 24 8 170 A.1 th,aud. ?c4•: G. Tlic Ecpaii r,ard of Planning 30r.;cw al,all rcfcrt1% appi;car i to any aycnc;ca or .1.a,..: .O. 41,0 0pa:i,-,1t of Fla,,,,;,,; 3 .'.; a a; tic Doard of Cou.rty D. When, in Opp;; .a.d has not ....t l re-stanJandwf Subsections 24-8-170 A.4 through A.4, a hearing shall to aJ.aJalaz before the Board. The staff a :all r a a;a a J :ion for use by ri3O 6OO.-d aJJ,0aa;.,y aZ aapca:a of tl. , ap,l;ao ion, its con c:. .a,.aa ..7E-. Chapter 22 of this Codt, ,casts. p-lan3 of affected :,ed J,. proposal was referred, and a:a,,Ja,J.. .;.,.tained in this Artic:a .aka.4... aatdivision exemptions. E. The Depart..:a;t ..,-:'fa.,., ;y G.,.,.,aa 3t,a'l. .J;,;,;'rt to ILL Et,a;J for-review-am plat ,a:,s;;aJ ::.,Jac Saa.Ca..-21 8 150 I above wh;d, JcO. ......at comply with the approv. a✓';.. ; .', ;::mption. r. Thy 3apa tment of Planning Services shall submit to the County Clerk and above. Gaa. 24-C-170. Dui ;a J 3z a J ✓ County 3..,,.,..;;. ;�.,u A. When, in the opinion of tha Fla...,.:., an applicant ht.:, ;. % I.e standards of Pa.a ;ar.hz. 1 through 4 talc.„ tl.a Eaa;.1 shall hold a public 4hc opp;;oaho., anJ to take final aat;a:.- '.a.aon. In mak;ny ;4a J,:ow V.,, iha 3c.ard shdL ;ol. th0 ......wnJution of tic. Fla iu aa:'a p.0a0.&.J at the public hearing and X-V0 ;.,,. ,.,,a:ion contained in tta ar;:;.a ;aoo;J. The official rco:.rd si,all ;,,a,sJa the Fla;'s;'s: 'a aac file. The Guard :it:all a-,-.;;;:a....; the-request 2002-3018 Page 36 ORD2002-9 uoiaoa rc4;i I,1a-ihO apt:Aka:4,4 Mao i lot mot lot one (1) of I.loi 0 0i the standards or Bandit�„� J applicant has the be:J .: i r: , :Le-show-the standards and ooI J c;ol a J II 1.6 a0ofiol i cut I i lei. T6O alIV:ILa shaH demonstratc. 1. The p:3p ul : J,.J. tent with MC. pui;c;Oe I Chapter 22 of this Code. , .: .:: use which would be allowed on the by granting the request will L:. JJ,,,i62:e with the surrounding land uses. C. In ;.ursuant to Section 24-8 140 0, the iam..OOt ;o 'fi.O Last alternat. :.3 existing improvements in i J 4. A LA L ;,',y ,J ;or the ipoao of f;..c..-.I,y ..;11 I,..i result in the creation of a lot t: :.:- at D. Up.n. the Daard :. ...., f f;I„i Je.;;a; ,,;, a ,0oolution setting forth that decision will be drat LJ 6::J : :: 4. A record of the resolution files of the Clerk to 1:60 6oaIJ and File Goad shaft far the County Clam 0..J C.,.:,:dc'.'a f; J the resolution.C7 Board may, vt.?/..../.. . l... ..-:: �;i .. ..:th any of th.: referral or rcvicm ;,,,:,i;s of this Chapter, aF; : Y a Wit; .. ,u a a,./LJ;visien exemption if the sole purpose of i3 to correct one (1) c,a,rs .n t1. I_�a J JJ,.,I.. .. ..J Y.I. . 1.._ LAVI I IF/tRJJ r Gca. 24 0 100. Amendments. A:: 2:, :; t c r:a Y`. sly approved subdivision exemption whici-, ; .-.. deftrfc ;:'r3a 24 8-18C at ,I ari ioilow th,a p.ooOJ i 00 of Section 24-8-150. 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.r'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. G. No lot which is part of an approved subdivision plat or any map or plan providing for lots or parcels of less than 35 acres filed in the records of the County Clerk and Recorder prior to adoption of any regulations controlling subdivisions, or part of any minor subdivision, shall be redivided or changed in any manner by the exemption procedures. Such platted lots may only be resubdivided or changed by utilizing the applicable resubdivision process. 2002-3018 Page 37 ORD2002-9 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 commercialor 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. Norwillt prohibit the approval within ten (10)'years;'of an additional application fora 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 Ill,;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 equalt&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 maybe used in the recorded exemption application.. Sec. 2441 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:tthe creation of a new residential or permanent building site. The subdivision exemption may be utilized in conjunction with a recorded exemption to separate one (1) additional existing habitable residence=with accessory outbuildings from any of the recorded exemption parcels providing: a) A minimum of two (2) habitable residential improvements are 2002-3018 Page 38 ORD2002-9 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 adwellinq unit shall not result in the creation of a lot to be sold separately. Upon termination of the mortgage arrangement,the'let.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:'aemporary. 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. 2002-3018 Page 39 ORD2002-9 1. Where the access is adjacent to a state highway, the Colorado Department of Transportation has jurisdiction over existing or proposed access points. The applicant shall be responsible for obtaining a new access permit 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, 2002-3018 Page 40 ORD2002-9 may be considered as evidence of an intent to evade the purpose provisions of Sections 24-1-30 and 24-820:..of this Chapter. L. The minimum size of any lot proposed with a public water supplyisnot less than one (1)acre net. The minimum;:size of any lot proposed`:with a.,vuell asthe water supplyis:hot 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 sizedoesnot apply:to subdivision exemption lots created for the temporary use of a parcel for public Utility facilities M. The.proposed.rec orded exemption is not part of a recorded exemption:or subdivisionexemptionwhich 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 2k:.1985. This:provision shall not apply in any Cortnmercial orfndustriai Zone District $ecc:24=$ 50. Submittal.regairements. 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 D:partihaht 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 includedwith 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 ofColorrado B Si'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 *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 user:° F: OtateMent Obtaining that the proposed lots wilt:1,4O ado 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:peCmit(s) or a copy of a letter from a sanitation sewer 2002-3018 Page 41 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 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 lano.uses of adjacent properties and howthe proposal:wilibe compatible withlhese::uses. A Weld,County Road Access Information Sheet. J. A Statement of Taxes from the County Treasurer showing no delinquent taxes for: he 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 ditt it;company(s). .............. L. An exerription sketch map drawn on a sheet of paper eight and one-half(81/2) inches::by eleven (11) inches. The sketch map shall be legible and;include the fdlowing.i formation: 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. • 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`:orhighways'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,.o il..well..production.facilities and electrical.transmission linesi All easements or rights-of-way located on the proposed exemption property. 2002-3018 Page 42 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 tothe 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 Groner or Mylar or other product of equal quality; three (3) millimeters or greaterin 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 with. The mixing.:of:sheet sizes is prohibited. No plat submitted:shall contain anyform of stick-ontype 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 PlartningStaff C A photOMylar copy or diazo-sensitized Mylar copy of the original ink drawing may be submitted. The material:shall beat least three (3) millimeters or greater #1,404000; 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 include a complete and accurate legal description of the;parcels Wed dewed or exchanged and new parcels.which will result.; PFidating public rights-of:way providing access to the lots)shall be shown; Gi The plat shall include a vicini ty map. The map shall locate the exemption lot(s) with respect to adjacent roads and other major land`features 2002-3018 Page 43 ORD2002-9 H The=plat shall include an,accurate drawing:of alt 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. Fora 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 shalt:be. accurately surveyed and the drawing shall include:bearings, distances and curve data for all lines of all lots, which shall be:referencedto 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 IandSurveyors and the Rules of Professional;Conduct of the State Board:ofRegistration for Professional:Engineers and;Professional Land Surveyors:;; Board Policy Statements. K: A signed:copy::of all Colorado:Land Survey;Monument Records for:indiicated "Aliquot Corners"(Section 3&53-102(2), CRS:)wilt be submitted with the exemption'plat. If any"Aliquot Corner" indicated on theplatissubstantially as described in an existing monument record previously.fired and:In the appropriate records of the County Clerk and Recorder, a copy of that monument record and a letter of certfication stating that it is as described:on the:Colorado Land Survey Monument Record'shell be.submitted. L. A exemption plat shall bear the certifications shown in Appendix 24-F to this Chapter. Sec.'`248-7Q Duties of Department'of`Planning Services'and The Board of County Comml*SiOners 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 ensurinq: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 totthe County. The authority.and responsibility for approval and:denial of:an,womptionappiicatioril rests With the County. B. The Department of Planning Services shall refer the application to any agencies 2002-3018 Page 44 ORD2002-9 or`individuals:ve review the'Departrttent of Services or the Board of County CoMrrolesioners,.deems necessary: C The Planner shall prepare a staff recommendation within forty-five (45):daysof 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 andahe 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 Subsection's 24-8-170 Al 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 Staf 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:recommendetion of Planning':Staff;°referral agency:responses,;the application case .file and:€acts:presented at the public hearing The:Board'shall.approve.the exemption application,unless it finds the applicant has not met one(1)or:more.ofthe 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 shallalso authorize the Chairman to sign:the'plat required in Section 24-&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 indude, but are not limited to, relocation of building envelopes If such relocation is consistent with the original . intent Oftheepproved exemption, correcting scrivener errors on"the plat and;correcting'survey errors. An exemption plat in compliance with:Section 248-60 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 bythe Board or.Plannerwhen the parcels of the existing exemption are reconfigured in 2002-3018 Page 45 ORD2002-9 a way which does not substantially change the number of`total acres`in the original exemption, and creates no additional parcels. An exemption plat in compliance with Section 24-8-60 shall be required. C: Any change 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 248-80 H shall be the date of recording the most recent previous exemption associated with the parcel, not the date of the correction. Sec. 24-8100. 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-&80 H shall be tile: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:ot 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. 2002-3018 Page 46 ORD2002-9 Amend Appendix 24-F, Exemption Plat Certificates, as follows: Thefollowing certificate blocks shall appear on the plat,(as epptigble): 1 Property Owner's Certificate: I(We),the undersigned,being the sole owners in fee of the atioye described property do hereby subdWlde the same as shown on the attached map. I (We)understand that this property is located in the (flit in..:..:......:. the correct zone distract)zone distract and is also intended to pr ilde areas for the conduct of oche{uses.by right,accessory uses and uses by special review. Signature ..:::::.................... .. .......... (Typed or printed name . .. . .:;., ^..; . .. ,:.... .:. . :: .: (rtyped Or IxMted:name) Staite`O(Ckirado ). County Weld ) The foregoing dedication was'ackn:......::.. ... ...before`rr a this: :.....y•ot`::.;; :. .��Y �1.D.,Z0 Commisaion r;::: ..•... • Vllitrreas x y hand�priid:se Notary .......... 2. Easement Certificate:This certificate shall be used when any easement crosses any of tlii proposed lots of the Exemption.:The plat shall also identify the benefltted lot and purpose of the easement. I(We). he urrdessigned,do hereby dedicate,for the benefit of the.pr!Operty(ies)shown or described_hereon easements tar the purposes:shown or described hereon. ........... ............::.:: oir Anted name R ..........:::.(Typed: P )"`:.`':;::: °:s:: : :.;:.:.::.:..._, :; yPed Printed } or......:...::_::::::: :::::..... name 3. Su,vevino Certificate: I, ; ;'.x a Registered Professional Land Surveyor in the State of Cobrado,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•Registratiortfor Professional Engineers and Professional Land Surveyors,and Weld County, BY" Registered Land Surveyor late; Colorado Registration# 2002-3018 Page 47 ORD2002-9 Certificate of Anorovaf bv'the Department oifiPiannino SerVFCes Admini§trative'Review This plat is accaiiiii4 and approved by the:aepartment of Planning Services for filing. ° _:....:::::::::.:::.:...:.:.::..:..:::............... Director,Department of Planning Services De a S ' State.o#Colorado ) )ss. CAunty of Weld } The°ta'epoing certification was acknowledged before me this day of `:::::.•:,. s:--: :r :::i My Commission expires .....:.......,. ::.::: Witness my hand and seal .......:..:......:............................ .hlotary Public 5. Certificate of Aooroval bvthe Board ofiCounty Commissioners: This plat is accepted and approved by the Board of County Commissiioners'of Weld County;State of Colorado: Witness my hand andahe'corporatBsebf.ofWeld'County this day of : ". A.D.;20 .. Cla�;;:QoainQ of Cotyrtitjf!Cbrllritleei�pifers ATTEST; ..... ..... Weld C.ofa+rY'Cfk taheBodrd i^ Depuly Clerk to the Board 043 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 Rat Certificates. The.following certifiicafe'blocks shall appearon,,the,plat.(as applicable) Survevina Cerfifl tei a Registered Professional Land Surveyor in the State of Colorado do hereby certify that thesurvey represented by this plat was made under my personal supervision and checking. I fudher certifyihat the survey and this plat complies with all applicable rules;regulations,and laws of the State of Colorado;State Board of Registration for Professionaf.Engineers'and Professional Land Surveyors,and Weld County ::...... fe?etlt.afld;SufM9ybr Dad; Colorado Registration# 2002-3018 Page 48 ORD2002-9 2 Certtficate of Dedication.Ownershio.and Maintenance. Know all men by those present that being the Owner(s),Mortgagee or Lienitictder 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 iota;: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 PLJD(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-wayand easements for purposes shown.hereon. Executed this dayof::::a:' ?: €s :' 'A.D.,20 '. ::: :: (Typed name of signature for Owner,Mortgagee,or Lienholder) Steakof Colorado ) )ss. County of Weld ) 'fhe:forepoing dedication was acknowledged before me this `: day of A.D.,20 MyConimiseion expires.:.:.::...................:.........:...:: ,.............. Witness my hand and seal '.: .::::: .:..':.: ::i`. :�::i°;.;':;'::: ':'�i is �: ::':::°..s::•.' :»..:;::; :::::.::. ...:.::.:.:.::. ... .. • Propertv'0wner's CertifiCeita t(We);the undersigned;being the sole owners In fee:of tile'above'desaibed property do hereby subdivide the same assho!wn on the attached map. I(We)understand ihet•thiti property is located in the (fill in the correct zone district)zone district and is also intended.to:prrovide areas for the conduct of other uses by right,accessory uses and uses by special review: Signature Signature (Typed or printed name) ...;::.:::: : [i='s's:`:I `:s '.: :`. .:!:'.;::::: (Typed or printed name) State of Colorado ) • County of We ) .aoregoing dedication was acknowledged before me this edg My Commission expires Witness:my:handand seal of ry ubil 2002-3018 Page 49 ORD2002-9 4, Certificate of Anoroval bvthe 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 CountyConmissioners ATTEST: Weld County Clerk to the Board By. Deputy Clerk to the Board Date 5. Certificate!of Aooroval.by Plannin°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 i A.D.;20 . Chair,Weld County Planning Commission 6. Certificate of Approval by the Department of Rennin°Services: This plat is accepted and approved for filing. Direco,.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 Plain 1h1 Services Public Works for residential PUDs of five (5) nine (9)lots or less located in nonurban areas as defined in Chapter 22 of this Code, when the PUD is not located within close proximity to other PUDs, subdivisions and municipal boundaries, and when access to the PUD is not from a public road which is paved or will be paved within a year of approval of the PUD. 2002-3018 Page 50 ORD2002-9 Amend Section 27-2-170. Public water provisions. Pttt l: ..a ,a ::, , rirng-PUDs must be capable of meeting state drinking water regulations (Colorado Primary Drinking Water Regulations) and have adequate provisions for a three-hundred-year supply of water. Public wWater systems, including wells,which rely upon Denver Basin aquifers shall also acquire and incorporate into a permanent supply plan alternative renewable water sources to ensure water supplies for the future. Amend Section 27-8-50. Failure to submit a PUD final plan. If a PUD final plan application is not submitted within two (2)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. 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." 2002-3018 Page 51 ORD2002-9 C. Add Section 230.70(A) Exception No. 1: "The service disconnecting means may be located inside a building or structure at a readily accessible location if the service disconnecting means is placed back-to-back with the metering equipment and the total service entrance conductor length does not exceed three feet six inches measured from the exterior wall of the structure. The service disconnecting means shall also be located on the ground level." D. Add Section 230.70(A) Exception No. 2: "The service disconnecting means may be located inside a building or structure at a readily accessible location if the service entrance conductors enter the building under a minimum 2-inch thick concrete slab or floor. The total length of the service entrance conductors from the top of the floor to the point of termination in the service disconnecting means shall not exceed seven feet. The service disconnecting means shall be located on the ground level. Service conductors installed under and inside the building shall be installed in an approved raceway for their entire length." E. Amend the first paragraph of Section 250.50 to read: "If available on the premises at each building or structure served, each item in 250.52(A)(1) through (A)(6) shall be bonded together to form the grounding electrode system. (Item (a) (A)(1) shall be required as part of the water supply or distribution system.) The bonding jumper(s) shall be installed in accordance with Sections 250.53(a) shall be sized in accordance with Section 250.66 and shall be connected in the manner specified in Section 250.70." F. Add Section 250.52, Exception 2 after Section 250.52 Exception: "Existing water supply or distribution systems which have not been changed, modified or expanded shall not be required to be modified by installing 10 feet of underground metal water pipe in direct contact with the earth." G. Add Section 300.5(L): "All electrical underground wiring located outside a building or structure shall be separated by a minimum of 12 inches from all other underground utilities, including telephone and cable television. Such separation may be horizontal or vertical. Gas piping shall be in a separate trench. (See Sections 603.2 and 603.2.1, of the IPC for water and sewer separation; Section 1304.9 of the IMC.)" H. Add Section 300.5(L)(1): "All utilities, including electric underground wiring, shall be separated a minimum of 12 inches horizontally from cesspools, septic tanks, septic tank drainage fields or seepage pits." Add Section 422.12(A): "Branch circuit overcurrent protection shall be provided by means of fusing. The rating of the branch circuit overcurrent device shall not exceed the device rating marked on the equipment. If the maximum rating of the device is not marked on the equipment, it shall be sized in accordance with Table 430.52. The overcurrent protection shall be installed with the appliance disconnecting means or directly adjacent to it in a readily accessible location outside the appliance. Overload protection shall be provided as per Article 430, Part III." J. Add the following sentence to Section 511.3(B): "The areas described in 2002-3018 Page 52 ORD2002-9 511.3(A) and (B) shall also apply to private garages as defined by the UBC." Amend Section 29-3-20.6.13. 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 23-340 of the Weld County Code. a. Such buildings or structures shall meet the following requirement: The only utilityies allowed is clectricityare 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 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, 2002-3018 Page 53 ORD2002-9 clauses, or phrases might be declared to be unconstitutional or invalid. The above and foregoing Ordinance Number 2002-9 was, on motion duly made and seconded, adopted by the following vote on the 18th, day of December, A. D., 2002. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Glenn Vaad, Chair Weld County Clerk to the Board David E. Long, Pro-Tem BY: Deputy Clerk to the Board M. J. Geile APPROVED AS TO FORM: William H. Jerke County Attorney Robert D. Masden 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 2002-3018 Page 54 ORD2002-9 Hello