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Home My WebLink About20040958.tiff NOTICE OF FINAL READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter,Ordinance Number 2003-10 was introduced on first reading on January 5,2004,and a public hearing and second reading was held on January26, 2004. A public hearing and final reading was completed on February 18,2004,with changes being made as listed below,and on motion duly made and seconded,was adopted. Effective date of said Ordinance is listed below. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners,located in the Weld County Centennial Center,91510th Street,Third Floor, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday,or may be accessed through the Weld County Web Page(www.co.weld.co.us). E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to charding@co.weld.co.us. ORDINANCE NO. 2003-10 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,CHAPTER 21 AREAS AND ACTIVITIES OF SPECIAL INTEREST,CHAPTER 23 ZONING,CHAPTER 24 SUBDIVISION,AND CHAPTER 27 PLANNED UNIT DEVELOPMENT,OF THE WELD COUNTY CODE EFFECTIVE DATE: March 1, 2004 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: February 20, 2004 PUBLISHED: February 26, 2004, in the South Weld Sun Changes made to text to read as follows: Sec. 23-2-50.E 7. An Engineering Geology Report / Geotechnical Study of the site proposed for the Change of Zone with a statement of the suitability of soils to support all USES allowed in the proposed zone. If the Engineering Geology Report/Geotechnical Study indicates soils which present moderate or severe limitations to the construction of STRUCTURES or facilities on the site,the applicant shall submit information which demonstrates that the limitations can be overcome. Sec. 23-4-290. Operations policies. K. The USE will not cause injury to vested or conditional water rights. If the USE may result in injury to vested or conditional water rights,the applicant shall present a copy of a well permit to the Department of Planning Services prior to recording the Plat or at a time designated by the Board of County Commissioners either supported by a plan of exchange or substitute supply approved by the State Engineer or a decreed plan for augmentation approved by the District Court for Water Division No. 1 which prevents injury to vested and conditional water rights. u ::7cc.3- io 2004-0958 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. 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, the utilization of existing housing and the satisfaction of school district concerns,pursuant to the requirements of Section 30- 28-133(4)(a),C.R.S. Conditions of approval shall be met prior to recording the plat and restrictions may be enforced by means of notes on the plat. STATE OF COLORADO ) )s.s. COUNTY OF WELD ) NOTICE OF BOARD OF COUNTY C FINAL READING OF COMMISSIONERS Ruth Pelton-Roby, as manager of Pelton ORDINANCE WELD COUNTY, COLORADO Publishing Company LLC, being duly Pursuant to the Weld County Home Rule Charter, DATED: February 20, sworn, states that it is publisher of the OrdinanceNumber 2003-10 2004 South Weld Sun, a weekly newspaper was introduced on first PUBUSHED:February26, reading on January 5, 2004, in the South Weld published in Keenesburg in said County 2004.and a public hearing Sun and State; that said news paper has a and reading was P P held on Jan reading din 200 s general circulation in said County and has A public hearing and final reading was completed on Changes made to text to been continuously and uninterruptedly February 18, 2004, with read as follows. published therein, during a period of at changes being made as listed below,and on motion Sec.]]3.50.E least fifty-two consecutive weeks prior to duly made and seconded, 7 M Engineering was adopted. Effective Geology Report / the first publication of the annexed notice; date of said Ordinance is Geotechnical Study of the that said newspaper is a newspaper sled below site proposed forrte within the meanie Of the act Of the Any backup material, Change of Zone with a g exhibits or information statement of the suitability General Assembly of the State of previously submitted to the of soils to support all USES Board of County allowed in the proposed Colorado, entitled "An Act to regulate the Commissioners concerning zone. If the Engineering printing of egal notices and this matter may be Geology Report / examined in the office of Geotechnical Study advertisements" and amendments the Clerk to the Board of indicates soils which County Commissioners. presentmoderateor severe thereto; that the notice of which the IocatedintheWeldCounty limitations to the Centennial center, g15 annexed is a printed copy taken from said of STRUCTU RES Street, Third Floor, STRUCTURES or facilities newspaper, was published in said Greeley, Colorado, on the site, the applicant between the hours of S0O shall submit information newspaper, and in the regular and entire a.m.and 5:00 p.m.,Monday which demonstrates that issue of every number thereof, once a thru Friday, or may be the limitations can be accessed through the Weld overcome. week for I successive weeks; that County Web Page s.°. za-a-290. said notice was so published in said (veins co Mail messages E- said policies. Mail messages sent to an K The USE will not newspaper proper and not in any individual Commissioner Na cause injury to vested or may not be included in supplement thereof, and that the first case file To ensure conditional water rights If inclusion of your E-mailthe USE may result in injury publication of said notice as aforesaid, to vested or correspondenceconditional water rights,the applicant Was on t h e J t _day of case file, pie please into the send a shall present a copy of a Cr_rt 1. 2004, and the last chortling@co weld.co us o well permit to the Department of Planning ORDINANCE NO. 2003- Services prior to recording on the day of , 2004. 10 the Plat or at a time designated by the Board of ORDINANCE TITLE: IN County Commissioners THE MATTER OF either supported by a plan REPEALING AND of exchange or substitute PELTON PUBLISHING COMPANY LLC REENACTING, WITH supply approved by the AMENDMENTS,CHAPTER State Engineer or a I 21 AREAS AND decreed plan for By L/vl.& PO.C.A - ACTIVITIES OF SPECIAL augmentation approved by i INTEREST CHAPTER 23 @e District Court for Water Ruth Pelton-Roby ZONING. CHAPTER 24 Division No 1 which SUBDIVISION AND prevents injury to vested CHAPTER 27 PLANNED and conditional water Its: Manager UNIT DEVELOPMENT,OF rights. THE WELD COUNTY CODE Subscribed and sworn to before me this EFFECTIVE DATE: March 1.2004 day of /LAn'o1H , 2004. 47 fail' Notary Public ✓// My Commission expires: jot-j&- C91 P`"-t d. ecy �:: NOn _ V: CPIllS if- NOTICE OF SECOND READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2003-10 was introduced on first reading on January5,2004,and a public hearing and second reading was held on January 26, 2004,with changes being made as listed below. A public hearing and third reading is scheduled to be held in the Chambers of the Board,First Floor Hearing Room,91510th Street,Greeley,Colorado 80631, on February 18, 2004. All persons in any manner interested in the next reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's Office at phone (970) 336-7215, Extension 4225, or fax (970)352-0242, prior to the day of the hearing if,as a result of a disability,you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners,located in the Weld County Centennial Center,91510th Street,Third Floor, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page(www.co.weld.co.us). E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to charding@co.weld.co.us. ORDINANCE NO. 2003-10 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,CHAPTER 21 AREAS AND ACTIVITIES OF SPECIAL INTEREST,CHAPTER 23 ZONING,CHAPTER 24 SUBDIVISION,AND CHAPTER 27 PLANNED UNIT DEVELOPMENT,OF THE WELD COUNTY CODE DATE OF NEXT READING: February 18, 2004, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: January 30, 2004 PUBLISHED: February 5, 2004, in the South Weld Sun * * CHANGES MADE TO CODE ORDINANCE #2003-10 ON SECOND READING (Bold Text denotes additions) Amend Section 24-8-20.C.2 to read as follows: 2. The three-lot recorded exemption application shall include the total contiguous land ownership. Amend Section 24-8-20.C.2 to read as follows: 3. The four-lot recorded exemption application shall include the total contiguous land ownership. Amend Section 27-8-50, Failure to submit a PUD final plan, to read as follows: If a PUD final plan application is not submitted within three (3) years of the date of the approval of the PUD Zone District, the Board of County Commissioners shall require the landownerto 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 meeting, revoke the PUD Zone District and order the recorded PUD Zone District reverted to the original zone district. STATE OF COLORADO ) )s.s. COUNTY OF WELD ) Ruth Pelton-Roby, as manager of Pelton Publishing Company LLC, being duly sworn, states that it is publisher of the South Weld Sun, a weekly newspaper published in Keenesburg in said County NOTICE OF SECOND READING OF individual Commissioner 3 Thefour-lot and State; that said newspaper has a ORDINANCE may not be included in the recorded exemption general circulation in said County and has pursuant In the Weld case file. To ensure applicationshall includethe continuously and uninterruptedly inclusion orr of your E-Mail contiguous p County ce Number r203-10 eases we dale into the ownership Ordinance ntro introduced ro -vet case file, please send a published therein, during a period of at was on -o-at copy t d Amend Section n-6sg. least fifty-two consecutive weeks prior to reading on January 5. charding©co.weld.co.ur_ Failure to submit a PUD 2004.and a public hearing final plan, to read as the first publication of the annexed notice; and second reading was ORDINANCE NO. 2003- follows: held on January 25.2004, 10 that said newspaper is a newspaper with changes being made If a PUD final within the meaning of the act of the as listed below. A public . ORDINANCE TITLE: IN plan application is not hearing and third reading is THE MATTER OF submitted within three (3) General Assembly of the State of scheduled to be held in the REPEALING AND years of the date of.the Colorado, entitled "An Act to re ulate the Chambers of the Board, REENACTING. WITH approval of the PUD Zone g First Floor Hearing Room, AMENDMENTS,CHAPTER District, the Board of printing of legal notices and 915 10th Street. Greeley, 21 AREAS AND County Commissioners Colorado 80631, on ACTIVITIES OF SPECIAL shall require the landowner advertisements" and amendments February 18, 2004 All INTEREST.CHAPTER 23 to appear before it and persons in any manner ' ZONING, CHAPTER 24 Present evidence thereto; that the notice of which the interested in the next SUBDIVISION. AND substantiating that the PUD annexed is a printed copy taken from said reading of said Ordinance CHAPTER 27 PLANNED project has not been are requested to attend and UNIT DEVELOPMENT,OF abandoned and that the newspaper, was published in said may be heard THE WELD COUNTY applicant possesses the newspaper, and in the regular and entire - CODE willingness and ability to Please contact the Cler to continue with the submittal issue of every number thereof, once a the Board's Office at phone DATE OF NEXT of the PUD final plan.The (970)336-7215,Extension READING: February 18. Board of County week for successive weeks; that 4 2 2 5 or fax 2004,at a 0 a.m. Commissionersmeyextend said notice was so published in said (9701352-0242 prior to the the date for the submittal of day of the hearing if as a BOARD OF COUNTY the PUD final plan newspaper proper and not in any result of a disability, you COMMISSIONERS application and shall require reasonable WELD COUNTY, annually require the supplement thereof, and that the first accommodations in order to COLORADO applicant to demonstrate publication of said notice as aforesaid, participate in this hearing that the Pun has not been .—t DATED:January 30.2004 abandoned If the Board of W on the c___day of Any backup material, County Commissioners \_Ze , ; . 2004, and the last exhibits or information PUBLISHED: February 5, determines that conditions 9 t'�^ - previously submitted to the 2004, in the South Weld or statements made Board of County Sun supporting the original Commissioners concerning approval of the PUP Zone on the day of , 2004. this matter may be • • District have changed, or examined in the office of that the landowner cannot the Clerk to the Board of CHANGES MADE TO implement the PUD final County Commission,'s, CODE ORDINANCE plan,the Board may,at a the PELTON PUBLISHING COMPANY LLC CentennalheCenter, 915 READING eld County S2003-10 ON SECOND public UD Zone n District revoke n 10th Street. Third Floor, (Bold Text denotes order the recorded PUD r�11II �� I�-_ Greeley Colorado. additions) Zone District reverted to the By ( A t l.` between the hours of o nn - original zone district Ruth Pelton-Roby a.m.and 5.0opm.,Monday Amend5ection24-8-20.c2 thru Friday, or may be to read as follows. accessed through the Weld Its: Manager • County Web Page g (www co weld co us). E- 2. The three- Mail messages sent to en lot recorded exemption application shall includethe Subscribed and sworn to before me this total contiguous lend ownership. n day o .i,c.e&co -7 - , 2004_ Amend Se 1nn241-zoOz to read as follows: /.� -r / te, j 20 (.14-7i.') --el-- 2127r.. Notary Public My Commission expires/el zv/- "Z WELD COUNTY CODE ORDINANCE 2003-10 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 21 AREAS AND ACTIVITIES OF SPECIAL INTEREST, CHAPTER 23 ZONING, CHAPTER 24 SUBDIVISION,AND CHAPTER 27 PLANNED UNIT DEVELOPMENT,OF THE WELD COUNTY CODE 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 Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirement therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld,State of Colorado,that certain existing Chapters of the Weld County Code be,and hereby are, repealed and re-enacted,with amendments, and the various Chapters are revised to read as follows. (Clerk's Note: Except for Chapter and Section titles, bold text(bold) denotes text being added, stricken text{stricken) denotes text being deleted.) Chapter 21 Areas and Activities of State Interest Article II Permit Regulations Sec. 21-2-200. Permits required after designation; receipt of application form. A through E - No change. F. The applicant shall submit an affidavit listing the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land being considered. The list shall be prepared from the real property records by a person qualified to perform the task of the County Clerk and Rccorder and shall be current as of a date no more than thirty(30)days prior to the date the application is submitted to the Planning Department. Sec. 21-2-260. Duties of Department of Planning Services. A through B.5 - No change. B.6 Refer the application for their review and comment to those referral agencies deemed by the Department of Planning Services, in its sole discretion, to be appropriate to the subject matter of the application. The agencies named shall respond within twenty-eight (28) twcnty one (21) days after the mailing of the application. The failure of any agency to respond twenty-eight(28)twenty-one(21) days may be deemed to be a favorable response to the Planning Commission. The reviews and comments solicited by the referral are intended to provide the County with information about the proposed activity. The Planning Commission and Board of County Commissioners may consider all such reviews and comments and may solicit additional information if such information is deemed necessary. The reviews and comments submitted bya referral agency are recommendations to the County. The authority and responsibility for making the decision to approve or deny the request for a permit pursuant to these Section 1041 Regulations rests with the officials of the County. B.7 - No change. Sec. 21-2-300. Permit hearing before Planning Commission. A - No change. B. The Secretary of the Planning Commission shall forward the official recommendation of the Planning Commission and the information contained in the official record,which includes the Department of Planning Services case file,to the Clerk to the Board within ten(10)five(5)days after said recommendation has been made. Chapter 23 Zoning Article I General Provisions Sec. 23-1-90. Definitions. Add the following definitions: COMPLETE APPLICATION: All necessary information required as part of the submittal criteria of a land use case as defined in sections pertaining to the type of case being processed. MANUFACTURED STRUCTURE: Any factory-assembled STRUCTURE with or without service connections that is not a DWELLING. REFERRAL: A portion of a complete application given to a referral agency for review of a case. The referral information may contain only portions or elements of the complete application. Amend the following definitions: HOME OCCUPATION: An incidental use of a DWELLING UN IT for gainful employment of the resident therein, where: A through F - No change G. A homc occupation not locatcd within an approvcd or rccorded subdivision plat or LOTS part of a map or plan filcd prior to adoption of any regulations controlling subdivisionsA HOME OCCUPATION may include accessory parking of a single vehicle which must be primarily associated with a permitted home occupation. A HOME OCCUPATION located wWithin an approved or recorded subdivision plat or LOTS part of a map or plan filed prior to adoption of any regulations controlling subdivisions,shall be allowed one (1)vehicle no larger than one (1)ton gross vehicle weight or one (1) trailer which cannot exceed fifteen (15) feet and related to and operated in conjunction with the HOME OCCUPATION. A HOME OCCUPATION located outside of a subdivision or unincorporated town, shall be allowed oene (1) 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 unlicensed 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. LANDSCAPEING: Includes any combination of living plants,such as trees, shrubs,vines, ground covers, flowers or turf, and may include natural features such as rock, stone and bark, and architectural features including, but not limited to,fountains, reflecting pools,art works, screen walls, fences, STREET furniture,walks, decks and ornamental concrete or stonework. LANDSCAPEING MAINTENANCE: The regular irrigation,weeding,fertilization, mowing, trash cleanup and pruning of all LANDSCAPEING, the treatment or repair of all diseased, insect-ridden, broken or vandalized LANDSCAPEING, and the replacement of dead or irreparable LANDSCAPEING in substantially similar kind. MANUFACTURED HOME(This definition applies only to MANUFACTURED HOMES when used in the administration of a Flood Hazard Overlay District Development Permit or the Flood Hazard Overlay District): A STRUCTURE transportable in one(1)or more sections, which is built on a permanent chassis and is designed for USE withor without a permanent foundation when connected to the required utilities. This term also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days. A MANUFACTURED (MOBILE) HOME shall not be allowed to deteriorate to the condition of a DERELICT MANUFACTURED (MOBILE) HOME. MOBILE HOME (This definition applies only to MOBILE HOMES when used in the administration of a Flood Hazard Overlay District Development Permit or the Flood Hazard Overlay District.): A MOBILE HOME shall be required to have a permanent engineered foundation and be used 83 an Acccssory to the Farm. The elevation of any interior grade of a crawl space or the top of the floor in any basement,walk-out, etc., must be one (1)foot above the Base Flood Elevation. Article II Procedures and Permits Sec. 23-2-20. Duties of Department of Planning Services. A. Any person wanting to apply for a Change of Zone shall arrange for a pre- application conference with the Department of Planning Services. The Department of Planning Services shall be responsible for processing all applications for Change of Zone in the unincorporated areas of the COUNTY. The Department shall also have the responsibility of ensuring that all application submittal requirements are met prior to initiating any official action as listed below. B. Upon determination that the application submittal is complete, the Department of Planning Services shall: 1. Set a Planning Commission hearing date within sixty (60) days not less than thirty (30) days nor more than sixty (80) days after the complete application ha3 bccn submitted. 2 through 4 - No change. 5. A sign shall be posted for the applicant on the property under consideration for a rezoning. The sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event the property under consideration is not adjacenttoa publicly maintained road right-of-way,one (1) sign shall be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The sign shall be posted at least ten (10) days prior to the hearing and evidenced with a photograph. The sign will and-include the following information. a through f- No change 6. Refer the application to the following agencies, when applicable, for their review and comment. The agencies named shall respond within twenty- eight (28)twenty one (21) days after the mailing of the application by the COUNTY. The failure of any agency to respond within twenty-eight (28) twenty one (21) days may be deemed to be a favorable response to the Planning Commission. The reviews and comments solicited by the County are intended to provide the COUNTY with information about the proposed Change of Zone. The Planning Commission and Board of County Commissioners may consider all such reviews and comments and may solicit additional information if such information is deemed necessary. The reviews and comments submitted by a referral agency are recommendations to the COUNTY. The authority and responsibility for making the decision to approve or deny the request for Change of Zone rests with the officials of the County. a through c - No change. d. Department of Public Works to check the legal description of the parcels and review the of other engineering aspects of the proposal. e through o - No change. 7 - No change. C. An electronic version reproducible copy of the Official Weld County Zoning Map shall be maintained which includes all of the rezoning approvals made since the last adoption of the map by the Board of County Commissioners. The map shall be available for public inspection with the Department of Planning Services and online. D - No change. Sec. 23-2-40. Duties of Board of County Commissioners. A. The Board of County Commissioners shall: 1. Set a Board of County Commissioners'public hearing,to take place within forty five (45)days not less than fifteen(15)days and not morc than forty five(45)days after receipt of the Planning Commission recommendation,or upon request of the applicant, for consideration of the proposed Change of Zone. No changes to remainder of subsection. Sec. 23-2-50. Application requirements for Change of Zone. A - No change. B. The following information shall be submitted on an application form which may be obtained from the Department of Planning Services: 1 through 9 - No change. 10. An affidavit listing the names and addresses of mineral owners and lessees of mineral owners on or under the parcel of land being considered. The list shall be prepared from the real property records by a person qualified to perform the task of the County Clerk and Recorder,and shall be current as of a date no more than thirty (30) days prior to the date the application is submitted to the Department of Planning Services. 11 through 14 - No change. 15. Certificate of Conveyance dated within 30 days of the application submitted. C. A vicinity and land USE map of the area shall be submitted as part of the general application. These maps shall be drawn to the following specifications: 1 - No change 2. The dimensions of the land USE map shall be thirty-six(36)inches wide by twenty-four(24)inches high and prepared ata scale one(1)inch equals one hundred (100)feet(1"= 100')or at other suitable scale when approved by the Department of Planning Services. The vicinity map shall be drawn at suitable scale on the land USE map. 1" = 2000' 3 - No change. 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 plat shall be delineated in nonfading permanent black inkdrawing ink on Mylar or other material acccptable to the Dcpartmcnt of r lanning Services. product of equal quality, three (3) millimeters or greater in thickness. The plat shall bear original signatures and seals in permanent black ink. The size of each shall be twenty-four(24)inches in height by thirty-six (36) inches in width. The mixing of sheet sizes is prohibited. No plat submitted shall contain any form of stick-on type material such as,but not limited to"sticky-back,"adhesive film or kroy lettering tape. 2. The dimensions of the map shall be twenty four(24)inche3 high by thirty six (3G) inchc3 widcprepared at a scale one (1) inch equals one hundred (100) feet (1" = 100') or at other suitable scale when approved by the Department of Planning Services. The vicinity map shall be drawn at suitable scale on the land USE map. 1" = 2000'. 3. The following information shall be shown: a - No change. b. Legal description, including total area involved, as certified and signed by the surveyor. c through d - No change. 4. The following certificates shall appear on the map: a through c - No change. d. Property Owners Certificate 5 - No change. E. The following supporting documents shall be submitted as part of the general application: 1 through 6 - No change. 7. A geotechnicalcoil survcy and study of the site proposed for the Change of Zone with a statement of the suitability of soils to support all USES allowed in the proposed zone. If the soils survey and study indicates soils which present moderate or severe limitations to the construction of STRUCTURES or facilities on the site, the applicant shall submit information which demonstrates that the limitations can be overcome. 8 - No change. 9. If, according to maps and other information available to the COUNTY, the Department of Planning Services determines that there appears to be a sand,gravel or other mineral resource on or under the subject property, the applicant shall provide a mineral resource statement prepared bya certified geologist or other qualified expert, including but not limited to Colorado Geological Survey. The statement shall indicate the estimated quantity of resources and indicate the economic feasibility of recovery, now and in the future, of the resources so that the Planning Commission and Board of County Commissioners can determine whethera COMMERCIAL MINERAL DEPOSIT is contained on or under the subject properties. 10 through 11 - No change. 12. A sign shall be posted for the applicant on the property under consideration for a rezoning. The sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event the property under consideration is not adjacent to a publicly maintained road right-of-way,one (1) sign shall be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The sign shall be posted at least ten (10) days prior to the hearing and evidenced with a photograph. The sign will include the following information: a through f- No change. Sec. 23-2-110. Duties of Department of Planning Services. Upon submission of a request from the Board of County Commissioners for any proposed amendments to the text of this Chapter,the staff of the Department of Planning Services shall the Department of Planning Services shall: A. In making its final recommendation, determine: 1. That the existing text is in need of revision as proposed. 2. That the proposed amendment will be consistent with the future goals and needs of the COUNTY as set out in Chapter 22 and any other applicable code provision or ordinance in effect. 3. That the proposed amendment will be consistent with the overall intent of this Chapter. Renumber existing A through E (to B through F) with no changes in text. Sec. 23-2-120. Duties of Planning Commission. A- No change. B. In making its final recommendation,the Planning Commission shall detcrmincfind: 1 through 3 - No change. C. The Secretary of the Planning Commission shall forward the official recommendation and the information contained in the official record,which includes the Department of Planning Services case file, to the Board of County Commissioners within ten (10) days after said recommendation has been made. Sec. 23-2-130. Duties of Board of County Commissioners. A. The Board of County Commissioners shall: 1. Set a Board of County Commissioners public hearing date within forty-five (45) days. No change to remainder of section. Sec. 23-2-150. Intent and applicability. A through E.2 - No change 3. Signs, fencing, oil and gas production facilities in the 1-3 (Industrial) Zone District,used for the sale of fireworks or the TEMPORARY sale of Christmas trceaTEMPORARY STRUCTURES such as, but not limited to, the sale of fireworks or the temporary sale of Christmas trees. F - No change. G. The Director of Planning Services may waive the site plan review requirement for COMMERCIAL and INDUSTRIAL USES in a Planned Unit Development(PUD)upon determination that sufficient detailed information was submitted and reviewed in the Final PUD Plan. No change to remainder of section. Sec. 23-2-160. Application requirements for site plan review. Any person wanting to apply for a Site Plan Review shall arrange for a pre- application conference with the Department of Planning Services. The purpose of the application is to give the applicant an opportunity to demonstrate through written and graphic information how the proposal complies with the standards of this Chapter. The following supporting documents shall be submitted as a part of the application: A through L - No change. M. Statements describing that the LANDSCAPE requirements listed below have been met: 1 through 3 - No change. 4. The applicant shall submit to the Department of Planning Services a detailed LANDSCAPEING plan delineating the existing and proposed trees,shrubs, ground covers, natural features such as rock outcroppings and other LANDSCAPEING elements. The plan shall show where LANDSCAPEING exists or will be located,along with planting and construction details,species name and size. Where existing plantings are to be retained, the applicant shall include in the plan proposed methods of protecting the plantings during construction. 5. The applicant shall submit to the Department of Planning Services a maintenance plan for the proposed LANDSCAPEING on the site. N through U.7 - No change. 8 Any off-site and on-site improvements agreement shall be made in conformance with the County policy on collateral for improvements. V. SITE PLAN REVIEW MAP. The site plan map shall show and comply comply with the following requirements: 1 through 5 - No change. 6. Avicinity map at a suitable scale. The map shall locate the site with respect to adjacent roads and other major land features. 1" = 2000' 7 through 15 - No change. W. SITE PLAN REVIEW PLAT: A Site Plan Review Plat shall be prepared after a Site Plan Review application is approved. The plat shall be submitted to the Department of Planning Services and be ready for recording at the County Clerk and Recorder's office within sixty(60)thirty(30)days of approval. The plat shall meet the following requirements: 1. The plat shall be delineated in nonfading permanent black ink on a dimensionally stable polyester sheet such as cronar or Mylar or other product of equal quality, three (3) millimeters or greater in thickness. The plat shall bear original signatures and seals in permanent black ink. The size of each shall be twenty-four(24)inches in height by thirty-six(36) inches in width. The mixing of sheet sizes is prohibited. No plat submitted shall contain any form of stick-on type material such as, but not limited to"sticky- back,"adhesive film or kroy lettering tape. The drawing shall be at sufficient scale to show all necessary detail. 2 through 3 - No change. 4. The plat shall be titled "Site Plan Review No. ." The Department of Planning Services shall provide fill in the appropriate number. 5. The plat shall include all of the items approved in the site plan review administrative comments-map. 6 - No change. X through Z - No change. AA. Photo Mechanical Transfer (PMT), if required Sec. 23-2-210. Duties of Department of Planning Services. Any person wanting to apply for a Use by Special Review shall arrange for a pre- application conference with the Department of Planning Services. A - No change. B. Upon determination that the application submittal is complete, the Department of Planning Services shall: 1. Set a Planning Commission hearing date within sixty(60)days not more than forty five(45)days after thc complete application has been submitted. 2 through 3 - No change. 4. A sign shall be posted for the applicant on the property under consideration for a Use by Special Review permit. The sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event the property under consideration is not adjacent to a publicly maintained road right-of-way,one(1)sign shall be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive)intersects a publicly maintained road right-of-way. The sign shall be posted at least ten (10) days prior to the hearing and evidenced with a photograph. The sign will include the following information: a through f- No change. 5 - No change. 6. Refer the application to the following agencies, when applicable, for their review and comment. The agencies named shall respond within twenty-eight(28)twenty one(21)days after the mailing of the application by the COUNTY. The failure of any agency to respond within twenty-eight (28)twenty one(21)days may be deemed to be a favorable response to the Planning Commission. The reviews and comments solicited by the COUNTY are intended to provide the COUNTY with information about the proposed Use by Special Review. The Planning Commission and Board of County Commissioners may consider all such reviews and comments and may solicit additional information if such information is deemed necessary. The reviews and comments submitted by a referral agency are recommendations to the COUNTY. The authority and responsibility for making the decision to approve or deny the request for a Special Review Permit rests with the officials of the COUNTY. a through c - No change. d. Department of Public Works to check the legal description of the parcels and review of othcr engineering aspects of the proposal. No change to remainder of section. Sec. 23-2-260. Application requirements. A - No change. B. The following general information shall be submitted: 1 through 9 - No change 10. An affidavit listing the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land being considered. The list shall be prepared from the real property records of the County Clerk and Recorder by a person qualified to do the task, and shall be current as of a date no more than thirty(30)days prior to the date the application is submitted to the County Department of Planning Services. 11. A sign shall be posted for the applicant on the property under consideration for a Use by Special Review permit. The sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event the property under consideration is not adjacent to a publicly maintained road right-of-way,one(1)sign shall be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The sign shall be posted at least ten (10) days prior to the hearing and evidenced with a photograph. The sign will include the following information: a. Use by Special Review number. b. Date, time and place of public hearing. c. Location and telephone number of the public office where additional information may be obtained. d. Applicant's name. e. Size of parcel of land. f. Type of request. 12 - No change. 13. Proposed LANDSCAPEINO plans. 14 - No change 15. Applicant to submit signed copy of the notice of inquiry form demonstrating that the IGA municipality does not wish to annex if required by the IGA. C. A detailed description of the proposed operation and USE shall be supplied. Details for the following items, when applicable, are required: 1 through 12 - No change. 13. Proposed LANDSCAPINGE plans. 14 through 17 - No change D. Special Review Permit Plan Map. 1 through 5.c.10) - No change. 11) Location, amount, size and type of any proposed LANDSCAPEING material including fencing,walls, berms or other SCREENING. 12 through 13 - No change. E - No change F. Photo Mechanical Transfer (PMT) if required. Sec. 23-2-300. Applicability. Opening paragraph - No change. A. Major facility of a public utility is determined to be an area or activity of state interest. (See Chapter 21.) Sec. 23-2-330. Duties of Department of Planning Services. A. Any person wanting to apply for a Use by Special Review shall arrange for a pre-application conference with the Department of Planning Services. The Department of Planning Services shall be responsible for processing all applications for a MAJOR FACILITY OF A PUBLIC UTILITY OR PUBLIC AGENCY in the unincorporated area of the County. The Department shall also have the responsibility of ensuring that all application submittal requirements are met prior to initiating any official action as listed below. B. Upon determination that a submitted application is complete, the staff of the Department of Planning Services shall: 1. Set a Planning Commission hearing date not more than forty five(45)daya after the complete application has bccn submitted within sixty (60) days. 2. Arrangc for a public noticc of thc hearing by thc Planning Commiasion to be published once in the newspaper dcsignatcd by thc Board of County Commissioners for publication of notices a minimum of ten (10)daya prior to the hearing datc.Arrange for legal notice of said hearing to be published once in the newspaper designated by the Board of County Commissioners for publication of notices. At the discretion of the Board of County Commissioners, a second notice may be published in a newspaper which is published in the area in which the Major Facility is proposed. Failure to publish the second notice shall not create a jurisdictional defect in the hearing process. The date of publication shall be at least ten (10) days prior to the hearing. 3 through 4 - No change. 5. Refer the application to the following agencies,when deemed applicable by the Department of Planning Services for their review and comment. The agencies named shall respond within twenty-eight (28) twenty one (21) days after the mailing of the application by the COUNTY. The failure of any agency to respond within twenty-eight(28)twenty one (21)days may be deemed to be a favorable response to the proposal. Such agencies may request and be granted additional time for review of such proposals upon approval by the Director of Planning Services. The reviews and comments solicited by the COUNTY are intended to provide the COUNTY with information on the proposal. The Planning Commission may consider all such reviews and comments, and may solicit additional information if such information is deemed necessary. The reviews and comments submitted by a referral agency are recommendations to the COUNTY. The authority and responsibility for making the decision to approve or deny the proposal rests with the officials of the COUNTY. No change to remainder of section. Sec. 23-2-340. Duties of Planning Commission. A through C - No change. D. See Chapter 21 for regulations regarding Areas and Activities of State Interest. Sec. 23-2-370. SubmissionApplication requirements. Submission Application Requirements. An adequate number of copies of the application for a Special Review Permit shall be submitted by the applicant to the Department of Planning Services. An application for a Special Review Permit shall contain the following information in such form as prescribed by the Department of Planning Services. A through D.14.g - No change. h. An affidavit listing the names and addresses of mineral owners and lessees of mineral owners on or under the parcel of land being considered. The list shall be prepared from the real property records of the County Clerk and Recorder by a person qualified to do the task, and shall be current as of a date no more than thirty(30)days prior to the date the application is submitted to the Department of Planning Services. No change to the remainder of section. Sec. 23-2-390. Drawing requirements for utility line plan maps. A through C.1 - No change. 2. Be drafted in black drawing ink on Mylar or other drafting media approved by the Director of Planning Services. 3. Include a vicinity map at a suitable scale (1" = 2000' minimum) which displays the location of the approved route within the County and its relationship to towns,majorwaterfeatures and majortransportation features. No change to remainder of section. Sec. 23-2-400. Standards. The Planning Commission may approve an application for site selection and construction orexpansion of a MAJOR FACILITY OF A PUBLIC UTILITY only if all applicable requirements of this Division are met,and the applicant has shown that the application is consistent with the following standards: A through M - No change. N. Applicant to submit signed copy of the notice of inquiry form demonstrating that the IGA municipality does not wish to annex if required by the IGA. All Sections of Div. 6. Flood Hazard Overlay District Development Permit-Delete words"Overlay District"throughout. Sec. 23-2-470. Duties of Department of Planning Services. A - No change B. The Department of Planning Services may forward copies of the complete application to any group or agency whose review and comment is deemed appropriate by the Department of Planning Services. The group or agency to whom the application is referred shall review the application to determine compliance of the application with any standards of the group or agency. The failure of a group or agency to respond within twenty-eight(28)twenty one(21)days shall be deemed to be a favorable response to the Department of Planning Services. The reviews and comments solicited by the COUNTY are intended to provide the Department of Planning Services with information related to the proposed FLOOD HAZARD Development Permit. The COUNTY may consider all such reviews and comments and may solicit additional information if such information is deemed necessary. The reviews and comments submitted bya referral agency are recommendations to the Department of Planning Services. The authority and responsibility for making the decision to approve, approve subject to conditions or deny the FLOOD HAZARD Development Permit application rests with the Department of Planning Services. C. As soon as practicable after a decision has been reached,,, tThe Department of Planning Services shall notify the applicant within forty-five(45)days of the action taken on the FLOOD HAZARD Development Permit. No change to remainder of section. Sec. 23-2-490. Application requirements. FLOOD HAZARD Development Permit applications submitted for review shall include the following information. Applications containing less than the specified requirements shall not be accepted for review unless the applicant has submitted to and had approved by the Department of Planning Services written justification as to why a particular requirement does not pertain to the proposed development. A through C.3 - No change 4 Cxiating ground elevations,above mean sea level,Topography map at the building site including: a map(plot plan)drawn to an appropriate scale at 1" = 20'; 1" = 40'; location of known encumbrances and spot elevations for site near all existing and proposed structures. 5 through 10 - No change. D through E - No change. F. An elevation drawing delineated with the appropriate architectural scale,which clearly depicts the elevation of the LOWEST FLOOR of the structure in relation to the REGULATORY FLOOD DATUM. No change to remainder of section. All sections of Div. 7. Geologic Hazard Overlay District Development Permit - Delete words "Overlay District"throughout. Sec. 23-2-570 Duties of Department of Planning Services. A - No change. B. The Department of Planning Services shall notify in writing the Colorado Geological Survey of the proposed development and may also forward copies of the complete application to any other group or agency whose review and comment is deemed appropriate by the Department of Planning Services. The group or agency to whom the application is referred shall review the application to determine compliance of the application with any standards of the group or agency. The failure of a group or agency to respond within twenty-eight(28)twenty one(21)days shall be deemed to be a favorable response to the Department of Planning Services. The reviews and comments solicited by the COUNTY are intended to provide the Department of Planning Services with information related to the proposed GEOLOGIC HAZARD Permit. The COUNTY may consider all such reviews and comments and may solicit additional information if such information is deemed necessary. The reviews and comments submitted by a referral agency are recommendations to the Department of Planning Services. The authority and responsibility for making the decision to approve,approve subject to conditions or deny the GEOLOGIC HAZARD DEVELOPMENT Permit application rests with the Department of Planning Services. C. As soon as practicable after a decision has been reached, tThe Department of Planning Services shall notify the applicant within forty-five (45) days, in writing, of the action taken on the GEOLOGIC HAZARD DEVELOPMENT Permit. Remainder of section - No change. Sec. 23-2-590. Application requirements. GEOLOGIC HAZARD DEVELOPMENT Permit applications submitted for review shall include the following information. Applications containing less than the specified requirements shall not be accepted for review unless the applicant has submitted to and had approved by the Department of Planning Services written justification as to why a particular requirement does not pertain to the proposed DEVELOPMENT. A. A map portraying the geologic conditions of the area with particular attention given to the specific regulated GEOLOGIC HAZARDS. The map shall be delineated in black drawing ink on Mylar or other drafting medium approved by the Department of Planning Services. The dimensions of the map shall be twenty-four(24)inches by thirty-six (36) inches. The map shall be prepared at a scale of one (1) inch equals one hundred (100)feet and shall include the parcel in question, as well as features within five hundred (500)feet of the parcel boundaries. The scale of the map may be reduced or enlarged upon approval of the Department of Planning Services. Such map shall also include: 1 through 6.b - No change. c. Property Owners Certificate No change to remainder of section. Sec. 23-2-650. Intent. This Division establishes the review and application procedures and requirements fora PUD Sketch Plan, a Change of Zone to a PUD District and a PUD Plan,subject to the provisions of Section 23-1-80 C. All proposed amendments and minor modifications to an approved PUD Plan shall be subject to the procedures stated in this Section. When applicable, the supplemental procedures of this Section shall also apply. All applications fora PUD District shall comply with the provisions of Article III, Division 5 of this Chapter. The PUD District shall be subject to the requirements contained in Articles IV and V of this Chapter. (Refer to Table 27.1 for PUD Time Parameters.) Sec. 23-2-670. Sketch Plan Application submittal Requirements. The following completed information, data and maps are required: A.1 through A.4 - No change. 5. A general statement describing the PUDs source of water and type of system. 6. A general statement describing the PUD's type of sewer system. 7. A general statement describing the PUDs vehicular circulation system of local, collector and arterial streets. The general statement should include: width of road rights-of-way, width of road surface, width of borrow ditches, type of surface, off-street parking areas, loading zones, major points of access to public rights-of-way, and notation of proposed ownership of the circulation system,public or private. (Design standards for streets are listed in Chapter24 of this Code. County road classifications are listed in Chapter 22 of this Code). 8 through 16 - No change. 17. A general description of the LANDSCAPEING plan for the PUD site. No change to remainder of section. Sec. 23-2-690. PUD District Application submittal Requirements. The following completed information,data and maps are required for a PUD change of zone district. A through A.7 - No change. 8. A description of the water source and system and a statement from the representative of the provider of the water system which demonstrates that the water supply quality and quantity is sufficient to meet the requirements of the uses within the PUD District. A PUD District with residential USES shall be served by a PUBLIC WATER system. If proposing a cluster PUD, see Section 27-10-10. 9 through 14 - No change. 15. A sign shall be posted for the applicant on the property under consideration for a PUD Rezoning. The sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event the property under consideration is not adjacent to a publicly maintained road right-of-way,one (1) sign shall be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The sign shall be posted at least fifteen (15) f+O -days prior to the hearing and evidenced with a photograph. The sign will , and include the following information: a through f- No change. g. Number of Lots 16 - No change. 17. An affidavit listing the names and addresses of mineral owners and lessees of mineral owners on or under the parcel of land being considered. The list shall be prepared from the real property records of the County Clerk and Recorder by a person qualified to do the task, and shall be current as of a date no more than thirty (30) days prior to the date the application is submitted to the Department of Planning Services. 18 - No change. B through B.5.c - No change. d. Property Owners Certificate 6 through 9 - No change. C - No change. D. Photo Mechanical Transfer (PMT), if required. Sec. 23-2-700. Duties of Department of Planning Services. The Department of Planning Services shall be responsible for processing all applications for a Change of Zone to PUD District. The Department shall have the responsibility to ensure that all application procedures and requirements are met prior to any official action. The duties of the Department shall be: A. PUD Rezoning Application. Upon determining that the Change of Zone to a PUD District application meets the submittal requirements of Section 23-2-690 above,the Department of Planning Services shall institute the Change of Zone procedures in Section 23-2-20 above,with the exception of sign posting which is fifteen(15) days prior to hearing. No change to remainder of section. Sec. 23-2-730. PUD Plan Application submittal Requirements. An applicant may submit an application for a PUD Plan, provided that the PUD Plan is located within an existing PUD District. A PUD Plan may encompass all or part of a PUD District. The uses shall be identical to those located and described on the PUD District Plat. The following completed information, data and maps are required unless waived by the Department of Planning Services. A through S - No change. T. An affidavit listing the names and addresses of mineral owners and lessees of mineral owners on or under the parcel of land being considered. The list shall be prepared from the real property records of the County Clerk and Recorder by a person qualified to do the task, and shall be current as of a date no more than thirty (30) days prior to the date the application is submitted to the Department of Planning Services. U. A sign shall be posted on the property under consideration for the PUD Plan. The sign shall be posted by the Department of Planning Services,which shall certify that the sign has been posted-for at least fifteen (15) ten (10) days preceding the hearing date and evidences with a photograph. The sign shall be provided by the Department of Planning Services. The sign shall include the following: 1 through 6 - No change. 7. Certificate of Conveyance within 30 days of application submittal. Sec. 23-2-750. Maps. A through C - No change. D. A LANDSCAPE plan map shall consisting of an overall map with detail design areas of interest at a scale of 1"=20'or 1"=40'drawing of the r UD District and PUD Plan at a scale of one (1) inch equals one hundred (100) feet or one (1) inch equals two hundred (200)feet, composed of one (1)or more sheets with an outer dimension of twenty-four (24) by thirty-six (36) inches showing the following information: 1 through 1.e - No change f. Plant material schedule with common and botanical names, sizes, quantities and method of transplant. Plants must be sized according to the following Table 23.2: Table 23.2 Plant Material Sizes Type Size Standard deciduous trees 1'/<"to-2221/2"caliper Small ornamental & flowering trees 1%' to 1'/<"caliper Evergreen trees 5'to-6'in height Shrubs Adequate size to be consistent with design intent, 5 gallon can minimum. g - No change. E through E.9 - No change 10. Location and description of proposed SCREENING, buffering and LANDSCAPEING. No change to remainder of section. Sec. 23-2-780. Duties of Board of County Commissioners. After receipt of the Planning Commission's recommendation, the Board of County Commissioners shall: A. Set a Board of County Commissioners' public hearing to take place within forty- five(45)days. not less than thirty(30)days and not more than sixty(60)days after receipt of the Planning Commission's recommendation, for consideration of the proposed PUD Plan. B through C - No change. D. Give notice of the proposed PUD Plan and the public hearing date to those persons listed in the application as owners and lessees of the mineral estate on or under the parcel under consideration. Such notification shall be mailed, first class, not less than fourteen(14)tcn(10)days before the scheduled public hearing. Such notice is not required by state statute and is provided as a courtesy to the owners and lessees of the mineral estate on or under the parcel. Inadvertent errors by the applicant in supplying such list or the Board of County Commissioners in sending such notice shall not create a jurisdictional defect in the hearing process, even if such error results in the failure of a surrounding property owner to receive such notification. E. Give notice of the proposed PUD Plan and the public hearing date to those persons listed in the application as owners and lessees of the mineral estate on or under the parcel under consideration. Such notification shall be mailed, first class, not less than fourteen(14)ten(10)days before the scheduled public hearing. Such notice is not required by state statute and is provided as a courtesy to the owners and lessees of the mineral estate on or under the parcel. Inadvertent errors by the applicant in supplying such list or the Board of County Commissioners in sending such notice shall not create a jurisdictional defect in the hearing process, even if such error results in failure of a surrounding property owner to receive such notification. No change to remainder of section. Article III Zone Districts Sec. 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 noncomforming by application of this Section may be repaired, replaced or restored in total. A through K.11 - No change. 12. A zoning permit for more than one (1) TEMPORARY Accessory STRUCTURE in the A (Agricultural) Zone District may be issued by the Department of Planning Services upon the determination that the criteria of Section 23-3-30 of this Code are met. If the applicant is not able to meet the criteria stated in Section 23-3-30,the Board of County Commissioners shall review the application for compliance with the criteria set out in Section 23-3- 30 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) before the scheduled meeting. Such notice is not required by Colorado 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 TEMPORARY Accessory STRUCTURE 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 and evidenced with a photograph. The Board of County Commissioners shall consider any testimony of surrounding property owners concerning the effects of the TEMPORARY Accessory STRUCTURE on the surrounding properties. In addition,the Board of County Commissioners shall consider compatibility of the TEMPORARY Accessory STRUCTURE 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. Sec. 23-3-40. Uses by special review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the A(Agricultural)Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. A through B.9 - No change B.10. Animal training and boarding facilities where the maximum number of ANIMAL UNITS permitted in Section 23-3-50.D is exceeded or when the use adversely impacts surrounding properties including noise, odor, lighting or glare, traffic congestion, and trash accumulation. No change to remainder of section. Sec. 23-3-50. Bulk requirements The following lists the bulk requirements for the A (Agricultural) Zone District. A through E - No change F. Landscape criteria may be based upon compatibility with existing adjacent lots and land uses. G. All external lighting shall be designed in accordance with Section 23-2-160.V.6. Sec. 23-3-160. Bulk requirements. A through L - No change M. All external lighting shall be designed in accordance with Section 23-2-160.V.6. Sec. 23-3-230. C-3 (Business Commercial) Zone District. A through F - No change. G. Bulk RequirementsPerformance Standards. Sec. 23-3-320. 1-2 (Industrial) Zone District. A through C - No change D. Uses by Special Review. The following BUILDINGS,STRUCTURES and USES may be constructed,occupied or maintained in the 1-2 Zone District upon the approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. 1. OIL AND GAS PRODUCTION STORAGE FACILITIES. 2. AIRSTRIPS when they are ACCESSORY to the Use Allowed by Right. 3. COMMERCIAL JUNKYARD or salvage YARD. 4. Asphalt and Concrete Batch Plants. 5. Coal Gasification Facilities. 6. Open Pit Mining and Materials Processing subject to provisions of Article IV, Division 4 of the Chapter. 7. Microwave, Radio, Television or other Communication Towers over forty-five (45) feet in height (measured from ground level). E through F - No change. G. Performance StandardsBulk Requirements. Sec. 23-3-330. 1-3 (Industrial) Zone District. A. through C - No change. D. Uses by Special Review. The following BUILDINGS,STRUCTURES and USES may be constructed,occupied or maintained in the 1-3 Zone District upon the approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. 1 through 3 - No change. 4. OIL AND GAS SUPPORT AND SERVICE STORAGE FACILITIES. 5. Asphalt and Concrete Batch Plants. 6. Coal Gasification Facilities. 7. Open Pit Mining and Materials Processing subject to provisions of Article IV, Division 4 of the Chapter. 8. Microwave, Radio, Television or other Communication Towers over forty-five (45) feet in height (measured from ground level). E through F - no change. G. Bulk RequirementaPerformance Standards. Sec. 23-3-350. Design standards. A through J - No change. K. All external lighting shall be designed in accordance with Section 23-2-160.V.6. Sec. 23-3-440. Bulk requirements. A through E - No change. F. Fences less than-ever six (6) feet in height are not required to comply with the minimum OFFSET and may be located on the property line. G through L - No change. M. All external lighting shall be designed in accordance with Section 23-2-160.V.6. Article IV Supplementary District Regulations Sec. 23-4-130. Permit requirements. No MOBILE HOME/MANUFACTURED STRUCTURE may be located or relocated in the County after August 25, 1981, except in accordance with this Division, including the issuance of any zoning permit which may be required by this Section. Each MOBILE HOME/MANUFACTURED STRUCTURE located or relocated in the County after said date must have a BUILDING permit for a MOBILE HOME/MANUFACTURED STRUCTURE issued pursuant to Chapter 29 of this Code. An application for any zoning permit for a MOBILE HOME/MANUFACTURED STRUCTURE required by this Division shall include the following: A through E - No change. F. A sketch plan of the site at the scale of one(1)inch represents fifty(50)feet or other suitable scale to show: 1. The proposed location of the MOBILE HOME/MANUFACTURED STRUCTURE, including distances from the property LOT lines and other STRUCTURES on the property. 2. Access to the MOBILE HOME/MANUFACTURED STRUCTURE indicating whether the access is existing or proposed. 3 through 6 - No change. G. Methods of disposal of sewage or other wastes in compliance with the requirements of the Colorado Department of Health and the County Department of Public Health and Environment, except for applications for TEMPORARY storage of a MOBILE HOME/MANUFACTURED STRUCTURE under Section 23-4-160 below. H. Methods of supplying water in such a manner as to be adequate in quality, quantity and dependability for the proposed use, except for applications for TEMPORARY storage of a MOBILE HOME/MANUFACTURED STRUCTURE under Section 23-4- 160 below. I - No change. J. The requirements of this Division 3, MOBILE HOME/MANUFACTURED STRUCTURE, 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 lines of the parcel to where the mobile home shall be placed. The source of such list shall be the records of the County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records or from the records of the County Clerk and Recorder. If the list was assembled from the records of the County Assessor,the applicant shall certify that such list was assembled within thirty(30)days of the application submission date. K. Notification responses of at least thirty percent (30%) of surrounding property owners within five hundred (500) feet of the subject property in opposition to the location of the MOBILE HOME/MANUFACTURED STRUCTURE. L - No change. M. Each request for a TEMPORARY permit shall include a statement by the applicant acknowledging that the TEMPORARY permit shall cease to exist at any such time as the MOBILE HOME/MANUFACTURED STRUCTURE is used for other than the permitted USE, or expire at the end of the initial or extended term of the permit for TEMPORARY storage of the MOBILE HOME. Such application shall include detailed plans for removal of the MOBILE HOME/MANUFACTURED STRUCTURE upon expiration of the TEMPORARY permit. Sec. 23-4-140. Mobile homes permitted in the A Zone District. MOBILE HOME/MANUFACTURED STRUCTURE are allowed in the A(Agricultural)Zone District for the following USES listed below in Sections 23-4-150,23-4-160,23-4-170,23- 4-180,23-4-190,23-4-200,and 23-4-220, upon the issuance of the appropriate zoning or BUILDING permits according to the following requirements: All temporarily permitted MOBILE HOME/MANUFACTURED STRUCTURE 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 transferable 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/MANUFACTURED STRUCTURE shall be removed from the property or a new Zoning Permit shall be applied for and approved. Sec. 23-4-150. Temporary use during construction of residence. A through E - No change. F. Extensions of six-month increments beyond the above eighteen-month period may be granted only by the Board of County Commissioners. The Board of County Commissioners shall hear the application for an extension ata regularly scheduled meeting of the Board. The Board of County Commissioners shall give notice of the application for a zoning permit and the meeting date to those persons listed in the application as owners of property located within five hundred(500)feet of the parcel under consideration. Such notification shall be mailed,first class, not less than ten (10)days before the scheduled meeting. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permit process,even if such error results in the failure of a surrounding property owner to receive such notification. The Department of Planning Services shall post a sign for the applicant on the property in question indicating that a MOBILE HOME has been requested for the property, the meeting date and a telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the meeting date and evidenced with a photograph.. In its review of an application, the Board of County Commissioners shall consider the good faith efforts of the applicant to pursue construction diligently and any unforeseeable or unavoidable circumstances which may have delayed completion of construction, requiring the extension. In addition, the Board of County Commissioners 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. No change to remainder of section. Sec. 23-4-160. Temporary storage. A through F - No change. G. The Board of County Commissioners shall hear the application for renewal of a zoning permit for TEMPORARY storage of a MOBILE HOME, semi-trailers as defined in Section 42-1-102(70), C.R.S., and Cargo containers used as TEMPORARY accessory STRUCTURES, at a regularly scheduled meeting of the Board. The Board of County Commissioners shall give notice of the application for a zoning permit and the meeting date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first class, not less than ten (10) days before the scheduled meeting. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permit process,even if such error results in the failure of a surrounding property owner to receive such notification. The Department of Planning Services shall post a sign for the applicant on the property in question indicating that a MOBILE HOME has been requested for the property, the meeting date and a telephone number where further information may be obtained. The sign shall be posted at least ten (10)days prior to the meeting date and evidenced with a photograph. 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. Sec. 23-4-170. Temporary accessory farm use. A through B - No change. C. A zoning permit for more than one (1) MOBILE HOME in the A(Agricultural)Zone District as an ACCESSORY farm USE may be issued by the Department of Planning Services upon a determination that the criteria of Paragraphs A.1 through A.6 above and Section 24-3-230 B below are met. If the applicant is not able to meet the criteria stated in Section 24-3-230 B below,the zoning permit may be issued only upon approval by the Board of County Commissioners. The Board of County Commissioners shall review the application for compliance with the criteria set out in Paragraphs A.1 through A.6 above at a regularly scheduled meeting of the Board. The Board of County Commissioners shall give notice of the application for a zoning permit and the meeting date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first class, not less than ten (10)days before the scheduled meeting. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners(the surface estate). Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permit process, even if such error results in the failure of a surrounding property owner to receive such notification. The Department of Planning Services shall post a sign for the applicant on the property in question indicating that a MOBILE HOME has been requested for the property, the meeting date and telephone number where further information may be obtained. The sign shall be posted at least ten (10)days prior to the meeting date and evidenced with a photograph. 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. No change to remainder of section. Sec. 23-4-180. Temporary accessory use during medical hardship. A - No change. B. A MOBILE HOME zoning permit for TEMPORARY ACCESSORY USE during a medical hardship 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.3 above and Section 24-3-230 B below are met. If the applicant is not able to meet the criteria stated in Section 24-3-230 B below, the Board of County Commissioners shall review the application for compliance with the criteria set out in Paragraphs A.1 through A.3 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 bystate statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permit process,even if such error results in the failure of a surrounding property owner to receive such notification. The Department of Planning Services shall post a sign for the applicant on the property in question indicating that a MOBILE HOME has been requested for the property,the meeting date and telephone number where further information may be obtained. The sign shall be posted at least ten(10)days prior to the meeting date and evidenced with a photograph. 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. No change to remainder of section. Sec. 23-4-190. Temporary accessory use as office. A. A zoning permit for the USE of one (1) MOBILE I IOME or MANUFACTURED STRUCTURE in the A(Agricultural)Zone District as an OFFICE USE accessory to the USE allowed by right maybe permitted upon a determination by the Department of Planning Services that: 1. The MOBILE I IOME or MANUFACTURED STRUCTURE is necessary for the effective and economic operation of the principal USE. 2. The MOBILE I TOME or MANUFACTURED STRUCTURE will not be used for residential purposes. 3 through 4 - No change. 5. The MOBILE HOME or MANUFACTURED STRUCTURE 13 not the first MOBILE I IOME or MANUFACTURED STRUCTURE on the parcel of land. Where the MOBILE I TOME will be the first unit on a parcel of land, the MOBILE I IOME rcquest shall follow the application proccdurc3 undcr the provisions of Section 23 4-200 below. C. 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 - No change. 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 23-4-230.6 below are met. If the applicant is not able to meet the criteria stated in Paragraphs A.1 through A.5 above, the zoning permit may be issued only upon the approval by the Board of County Commissioners. The Board shall review the application for compliance with the criteria set out in Paragraphs A.1 through A.5 above at a regularly scheduled meeting of the Board. The Board of County Commissioners shall give notice of the application for a zoning permit and the meeting date to those persons listed in the application as owners of property located within five hundred(500)feet of the parcel under consideration. Such notification shall be mailed,first class, not less than ten (10)days before the scheduled meeting. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permit process,even if such error results in the failure of a surrounding property owner to receive such notification. The Department of Planning Services shall post a sign for the applicant on the property in question indicating that a MOBILE I IOME MANUFACTURED STRUCTURE 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 and evidenced with a photograph. The Board of County Commissioners shall consider any testimony of surrounding property owners concerning the effects of the MOBILE I IOME MANUFACTURED STRUCTURE on the surrounding properties. In addition, the Board shall consider compatibility of the MOBILE IIOME MANUFACTURED STRUCTURE 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 I IOMES or MANUFACTURED STRUCTURES as ACCESSORY OFFICE USE are TEMPORARY. The MOBILE I IOME MANUFACTURED STRUCTURE shall be removed from the property upon the cessation of the USE of the MOBILE I IOMC MANUFACTURED STRUCTURE as an ACCESSORY OFFICE USE. Sec. 23-4-200. Principal dwelling unit. A zoning permit for the use of a MOBILE HOME as a principal DWELLING UNIT in the A (Agricultural) Zone District may be issued by the Department of Planning Services if the application meets the criteria stated in Paragraphs A.1 through A.4 below and Section 23-4- 230 B of this Division. A. The Board of County Commissioners shall hear the application at a regularly scheduled meeting of the Board, if the application does not meet the criteria stated in Paragraphs 1 through 4 below and Section 23-4-230 B of this Division. The Board of County Commissioners shall give notice of the application for a zoning permit and the meeting date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first class, not less than ten (10) days before the scheduled meeting. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permit process, even if such error results in the failure of a surrounding property owner to receive such notification. The Department of Planning Services shall post a sign for the applicant on the property in question indicating that a MOBILE HOME has been requested for the property, the meeting date and telephone number where further information may be obtained. The sign shall be posted at least ten (10)days prior to the meeting date and evidenced with a photograph. 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 the following factors in reviewing applications for a permit for a MOBILE HOME as a principal DWELLING UNIT: No change to remainder of section. Sec. 23-4-220. Mobile homes in C or I Zone District. A through B - No change. C. A zoning permit for more than one (1)MOBILE HOME in the C or I Zone District as an ACCESSORY USE to the principal USE may be issued by the Department of Planning Services upon a determination that the criteria of Paragraphs A.1 through A.4 above and Section 23-4-230 B of this Division are met. If the applicant is not able to meet the criteria stated in Section 23-4-230 B, 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.4 above at a regularly scheduled meeting of the Board. The Board of County Commissioners shall give notice of the application for a zoning permit and the meeting date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first class, not less than ten (10) days before the scheduled meeting. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners(the surface estate). Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permit process, even if such error results in the failure of a surrounding property owner to receive such notification. The Department of Planning Services shall post a sign for the applicant on the property in question indicating that a MOBILE HOME has been requested for the property, the meeting date and telephone number where further information may be obtained. The sign shall be posted at least ten (10)days prior to the meeting date and evidenced with a photograph. The Board shall consider any testimony of surrounding property owners concerning the possible effects of the MOBILE HOME on 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. No change to remainder of section. Sec. 23-4-230. Delegation of authority. The Board of County Commissioners delegates the authority to issue a zoning permit for a MOBILE HOME which otherwise requires the approval of the Board of County Commissioners through a public hearing process to the Department of Planning Services upon a determination by the Department that: A - No change. B. The Department of Planning Services has sent notice and received signed notification of at least thirty percent(30%)of surrounding propertyowners 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-eight(28)twenty one(21) days shall be deemed a positive response of said request. C. If the Department of Planning Services has sent notice and received signed notification of at least thirty percent(30%)of surrounding property owners within five hundred(500)feet of the subject property in opposition to the location of the MOBILE HOME. The petition shall indicate that the surrounding property owners who have signed the notification have objections to the issuance of a zoning permit for the MOBILE HOME. Any notice not received within twenty-eight(28)twenty-one(21) days shall be deemed a positive response of said request. Sec. 23-4-260. Application. Any operator desiring such a permit shall file an application in such a form as prescribed by the Planning Commission. The application shall contain the following information. A through G.12 - No change 13. The application should address the following items: a. Water Consumption: 1) An analysis of the amount of water which will be required to be replaced for each phase of the mining operation and build out. 2) The analysis should address the amount of water consumed in the mining and processing of the material including dust suppression. 3) The analysis should address the issue of water consumed for domestic purposes by on site staff 4) The analysis should address the issue of evaporative losses consumed from exposed groundwater including a discussion of the feasibility of lining. b. Water Replacement Source: 1) A description of the surface and well water rights and their anticipated yields when converted to be used as replacement for the water consumed in the mining operation. 2) Projections as to the mining of replacements to the river system from these sources 3) A description of methods proposed to monitor, prevent and mitigate against direct injury to users for wells in the vicinity of the gravel operation as a result of alterations in the groundwater regime occasioned by the mining operation or to said impacts Sec. 23-4-280. Supporting documents. The following documents or any other similar documents shall be submitted by the applicant if deemed necessary by the Board of County Commissioners for the protection of the health, safety and welfare of the inhabitants of the County. A - No change B. Plans for obtaining water supplies to replace water consumed by mining and processing of the material including dust control, consumed for domestic purposes by employees and consumed by evaporative losses from exposed groundwater for the mining operation. No change to remainder of section. Sec. 23-4-290. Operations policies. The policies outlined below represent a minimum model for operations standards for the proposed USE. Stricter standards may be imposed by the Board of County Commissioners during the review process to ensure the protection of the health, safety and welfare of the inhabitants of the County. A through J - No change. K. The USE will not cause injury to vested or conditional water rights. If the USE may result in injury to vested or conditional water rights,the applicant shall either present an agreement with a water conservancy district or water user group which encompasses the location of the use within its boundaries Prior to recording the Plat or at a time designated by the Board of County Commissioners, a copy of a well permit supported by a plan of exchange or substitute supply approved by the State Engineer or a decreed plan for augmentation approved by the District Court for Water Division No. 1 which prevents injury to vested and conditional water rights shall be submitted to the Department of Planning Services. Sec. 23-4-370. Outdoor shooting ranges. A. A Special Review Permit to operate an outdoor shooting range, if approved shall may be conditioned on a requirement that every ten (10) years the safety of the design of the range shall be reviewed and safety design changed taking into account the history of the operation and changes in surrounding land uses and the relevant provisions of Subsections B.2, C.2 through C.6 and D below. Review of the safety plan shall be accomplished using the Site Plan Review process and such changes shall not constitute a major change from the Special Review Permit. The Department of Planning Services may waive the review, if the surrounding property within one-half mile has not significantly changed since the recording date of the original application. The applicant shall provide evidence for this determination.The operator, if he or she chooses not to accept the staff determination under the Site Plan Review process, may request that the matter be determined by the Board of County Commissioners which shall hear the matter in accordance with the procedures for considering a Special Review Permit; provided, however, that no fee shall be charged. No change to remainder of section. Sec. 23-4-460. Application requirements for permit. The purpose of the application for a Domestic Sewage Sludge Permit is to give the applicant an opportunity to demonstrate through written and graphic information how the proposal complies with the standards of this Chapter. The following supporting documents shall be submitted as a part of the application: A through L - No change. M. A map that shows and complies with the following requirements: 1. The minimum size of the map shall be twenty-four (24) inches by thirty- six (36) inches eighteen (18) inches by twenty four (24) inches. No change to remainder of section. Article V Overlay Districts Sec. 23-5-240. Interpretation and application. A through B - No change. C. The LOWEST FLOOR elevation of STRUCTURES without a BASEMENT shall be considered to be the elevation,above mean sea level,of the top of the foundation of the STRUCTURE. The LOWEST FLOOR elevation of STRUCTURES with a BASEMENT shall be considered to be the elevation, above mean sea level, of the floor of the BASEMENT of the STRUCTURE. The LOWEST FLOOR elevation of a MOBILE I IOME shall be considered to be the elevation,above mean sea level,of the top of the MOBILE I IOME r AD. Sec. 23-5-260. Uses permitted in FP-1 and FP-2 (Floodprone Districts). USES listed as allowed by right, ACCESSORY USES and Uses by Special Review in the UNDERLYING ZONING DISTRICT may be permitted in the FP-1 and FP-2 (Floodprone) Districts subject to the following conditions: A though B - No change C. All new construction,replacement or SUBSTANTIAL IMPROVEMENT of DWELLING UNITS shall have the LOWEST FLOOR,including the BASEMENT floor or MOBILE I IOME PAD, ELEVATED to or above the REGULATORY FLOOD DATUM. NEW CONSTRUCTION, replacement or SUBSTANTIAL IMPROVEMENT of STRUCTURES otherthan DWELLING UNITS shall be FLOODPROOFED either by ELEVATING the STRUCTURE or by making the STRUCTURE WATERTIGHT below the REGULATORY FLOOD DATUM. D through F - No change. G. For all NEW CONSTRUCTION, replacement of existing structures and SUBSTANTIAL IMPROVEMENTS,fullyenclosed areas below the LOWEST FLOOR that are subject to flooding shall be designed to automatically equalize hydrostatic FLOOD forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect-of and must meet or exceed the following minimum criteria: A minimum of two(2)openings having a total net area of not less than one (1) square inch for every one (1) square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one (1) foot above grade. Openings may be equipped with screens, louvers or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters. H through K - No change. L. All MANUFACTURED HOMES shall be elevated and anchored to resist flotation, collapse or lateral movement. MANUFACTURED HOMES shall be anchored in accordance with Subsection 20-2-00 D 29-2-110.6 of this Code. M. All MOBILE HOMES shall be elevated and anchored to resist flotation, collapse or lateral movement. MOBILE HOMES shall be anchored in accordance with Subsection 20-2-00 D 29-2-110.B of this Code. No change to remainder of section. Chapter 24 ARTICLE II Minor Subdivision and Major Subdivision Process Sec. 24-2-10. Minor subdivision process and Time Parameters. A. The minor subdivision is subject to a three-step review and approval process. The sketch plan submittal is the first step and is described in Section 24-3-20 of this Chapter. After a complete application is received, the sketch plan should be completed within sixty (60) days within forty five (45) Jay.. B. The second step is the change of zone process which is found in Section 24-3-40 of this Chapter. After a complete application is received, the change of zone process should be completed within one hundred forty (140) days within one hundred twenty (120) days. The Planner should be consulted for the correct application fee. C. The third step is the final plat submittal process and is described in Section 24-3-50 of this Chapter. The final plat review process should be completed within ninety (90) days within sixty(GO)day3. The Planner should be consulted for the correct application fees. Table 24.1(a): Minor Subdivision Processing Steps Types of Approval Approximate Days Sketch Plan Administrative 60 Change of zone Board of County 140 Commissioners Final Board of County 90 Commissioners* Board of County Total: 290 Commissioners *Approval type depends on outcome of Change of Zone Sec. 24-2-20. Major subdivision process and Time Parameters. A. The major subdivision process is comprised of a four-step review and approval process. The first step is the sketch plan submittal process. Copies of the sketch plan are sent to referral agencies for review and comment. A public meeting may be scheduled by a municipality if it is within three (3)miles of the subdivision site or if the subdivision is within an urban growth boundary as defined and adopted in any approved intergovernmental agreement. There are no public hearings scheduled by the Planner for this step. The sketch plan process includes an administrative review by the Planner. After a complete application is received, the sketch plan review should be completed within sixty(60)daysforty five(45)days. The Planner should be consulted for the correct application fee. The sketch plan is explained in Section 24-4-10 of this Chapter. B. The second step is the change of zone process found in Section 24-4-20 of this Chapter. After a complete application is received, the change of zone process should be completed within one hundred forty(140)days within one hundred twenty (120) days. The Planner should be consulted for the correct application fee. C. The third step is the preliminary plan submittal process. Copies of the preliminary plan are sent to referral agencies for review and comment. A public meeting may be scheduled by a municipality if it is within three (3)miles of the subdivision site or if the subdivision is within an urban growth boundary as defined and adopted in any approved intergovernmental agreement. The Planner shall schedule separate public meetings before the Utility Coordinating Advisory Committee and Planning Commission. The Clerk to the Board shall schedule a public hearing before the Board of County Commissioners. After a complete application is received, the preliminary plan review should be completed within ninety(90)sixty(G0)days. The Planner should be consulted for the correct application fee. The preliminary plan is explained in Section 24-4-30 of this Chapter. D. The fourth step is the final plat submittal process. The Clerk to the Board schedules a hearing before the Board of County Commissioners. The final plat review process should be completed within forty-five (45) to sixty (60) days thirty (30) daya, provided that it complies with the approved preliminary plan. The Planner should be consulted for the correct application fee. The final plat is explained in Section 24-4- 40 of this Chapter. Table 24.1(b): Major Subdivision Processing Steps Types of Approval Approximate Days Sketch Plan Administrative 60 Change of zone Board of County 140 Commissioners Preliminary Plan Board of County 90 Commissioners Final Board of County *45 or 60 Commissioners Total: 335-350 *Dependent upon compliance with Preliminary Plan Article Ill Minor Subdivisions Sec. 24-3-10. Procedure. The minor subdivision procedure is a process for development and review of subdivisions proposing a maximum of nine (9) lots, excluding those outlots which will not be used for residential, industrial or commercial purposes. The minor subdivision process utilizes the minor subdivision sketch plan application process and the minor subdivision final plat process of this Chapter. Any person wanting to apply for a Minor Subdivision shall arrange for a pre-application conference with the Department of Planning Services. No change to remainder of section Sec. 24-3-20. Sketch plan. An applicant shall submit a complete minor subdivision sketch plan application with the required number of application copies and application fee to the Planner. The required number of application copies shall be determined by the Planner. The following completed information and maps are required: A through J - No change. K. A minor subdivision sketch plan vicinity map shall be drawn ata scale of one(1)inch equals two thousand(2,000)six hundrcd (C00)feet, unless otherwise approved by the Planner,composed of one(1)or more sheets with an outer dimension of twenty- four (24) inches by thirty-six (36) inches showing the following items: No change to remainder of section. Sec. 24-3-30. Processing and review procedure. The Planner shall be responsible for processing all minor subdivision sketch plan applications in the unincorporated areas of the County. The Department of Planning Services shall also have the responsibility of ensuring all application submittal requirements are met prior to processing the application. Once a complete application is submitted,the Planner shall: A. Refer the application to appropriate referral agencies,when applicable for review and comment. The agencies shall respond within twenty-eight (28) twenty one (21) days after the mailing of the application by the County. The failure of any agency to respond within twenty-eight (28) twenty one (21) days may be deemed to be a favorable response to the Department of Planning Services. The reviews and comments solicited by the County are intended to provide the County with information about the proposed minor subdivision. The Department of Planning Services may consider all such review and comments and may solicit additional information if such information is deemed necessary. The reviews and comments submitted by a referral agency are recommendations to the County. B. Schedule a meeting with the applicant within forty fivc (45) dap after a complete application has been submitted. The purpose of the meeting will be to advise the applicant of any problems discovered during the review of the minor subdivision sketch plan application,discuss comments and issues raised by referral agencies, and review the minor subdivision final plat procedures. A minor subdivision sketch plan application shall be completed prior to submitting a minor subdivision change of zone final plat application. No change to remainder of section. Sec. 24-3-40. Change of zone. An applicant shall submit a complete change of zone application following the procedures found in Chapter 23, Article II, Division 1 of this Code. Aftcr a complete application i3 received,the change of zone process should be completed within one hundred twenty(120) day3. The Planner should be consulted for the correct application fee. Sec. 24-3-50. Final plat. An applicant shall submit a complete minor subdivision final plat application with the required number of application copies and application fee to the Planner. The required number of application copies shall be determined by the Planner. The following information shall be submitted as part of a minor subdivision final plat application: A through R - No change. S. A certified list of the names,addresses and the corresponding parcel identification numbers assigned by the County Assessor to the owners of property of the surface estate within five hundred (500)feet of the property subject to the application. The source of such list shall be from the records of the County Assessor, or an ownership update from a title 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. 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 hearing process, even if such error results in the failure of a surrounding property owner to receive such notification. T. An affidavit listing the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land being considered. The list shall be prepared from the real property records by a person qualified to perform the taskof the County Clerk and Recorder, and shall be current as of a date no more than thirty(30)days prior to the date the application is submitted to the Department of Planning Services U. Minor subdivision final plat map requirements: 1 - No change 2. The plat shall meet the following criteria: bear original signatures and seals; be made from a dimensionally stable polyester sheet such a3 cronar, Mylar or other product of equal quality;be at least three(3)millimeters in thickness; and all components, including signatures, shall be made with nonfading permanent black ink. 3. The minor subdivision final plat submitted shall contain the original signatures and seals of all parties required. The plat shall meet the following criteria: bear original signatures and seal3; be made from a dimensionally stable polyester shcetsuch as cronar, Mylar or other product of equal quality; be at least three(3)millimeter3 in thickness; and all components, including signatures, shall be made with nonfading permanent black ink.Repealed. No change to remainder of section. Sec. 24-3-60. Final plat processing and review procedure. The Planner shall be responsible for processing all minor subdivision final plat applications in the unincorporated areas of the County. The Planner shall also have the responsibility of ensuring all application submittal requirements are met prior to processing the application. Once a complete application is submitted: A. The Planner shall schedule a Planning Commission meeting date within sixty(60) daysnot more than forty-five (45) days after the complete application has been submitted unless the applicant agrees or requests a hearing date more than forty- five (45) days after submittal. B - No change. C. The Planner shall give notice of the proposed minor subdivision final plat and the public hearing 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 public hearing. Inadvertent errors by the applicant in supplying such list or the Board of County Commissioners in sending such notice shall not create a jurisdictional defect in the hearing process, even if such error results in the failure of a surrounding property owner to receive such notification. D - No change. E. The Planner shall post a sign on the property under consideration for a minor subdivision final plat. The sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event the property under consideration is not adjacent to a publicly maintained road right-of-way, one (1)sign shall be posted in the most prominent place on the property and a second sign shall be posted where a driveway(access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services shall certify that the sign has been posted-ferthe ten(10)days preceding the hearing date and evidenced with a photograph. The sign will Each sign shall show the following information: F - No change. G. The Planner shall refer the application to referral agencies, when applicable, for review and comment. The agencies shall respond within twenty-eight (28) twenty one(21)days after the mailing of the application by the County. The failure of any agency to respond within twenty-eight (28)twenty one (21)) days may be deemed to be a favorable response to the Planning Commission. The reviews and comments solicited by the County are intended to provide the County with information about the proposed minor subdivision. The Planning Commission and Board may consider all such reviews and comments and may solicit additional information if such information is deemed necessary. The reviews and comments submitted by a referral agency are recommendations to the County. The authority and responsibility for making the decision to approve or deny the request for a minor subdivision rests with the Board of County Commissioners. H through K - No change. L. The Clerk to the Board shall give notice of the application for a minor subdivision final plat and the Board's public hearing date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. The notification shall be mailed, first class, not less than ten (10) days before the scheduled public hearing. 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 hearing process, even if such error results in the failure of a surrounding property owner to receive such notification. M - No change N. The Planner shall post a sign on the property under consideration of a minor subdivision final plat. The sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event the property under consideration is not adjacent to a publicly maintained road right-of-way, one (1)sign shall be posted in the most prominent place on the property and a second sign shall be posted where a driveway(access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services shall certify that the sign has been posted feFthe ten(10)days preceding the hearing date and evidenced with a photograph. The sign will. Each sign shall show the following information: O through P.13 - No change. 14. That the maximum number of lots within the minor subdivision will not exceed nine (9) five (5) lots. No change to remainder of section. Article IV Major Subdivision Sec. 24-4-10. Sketch plans. Any person wanting to apply for a Major Subdivision shall arrange for a pre- application conference with the Department of Planning Services. A through B.10 - No change 11. A sketch plan vicinity map shall be drawn at a scale of one (1) inch equals two thousand(2,000)six hundred(600)feet,unless otherwise approved by the Planner, composed of one (1) or more sheets with an outer dimension of twenty-four (24) by thirty-six (36) inches showing the following items: a through e - No change B.12 through C.1 - No change 2 Schedule a meeting with the applicant within forty-five(45)days after a complete application has been submitted. The purpose of the meeting will be to advise the applicant of any problems discovered during the review of the sketch plan application, discuss comments and issues raised by referral agencies, and review the preliminary plan procedures. A sketch plan application shall be completed prior to submitting a preliminary plan application. Sec. 24-4-20. Change of zone. An applicant shall submit a complete change of zone application following the procedures in Chapter 23,Article II, Division 1 of this Code. After a complete application is received, the change of zone process should be completed within one hundred twenty(120) days. The Planner should be consulted for the correct application fee. Sec. 24-4-30. Preliminary plan. Any person wanting to apply for a Major Subdivision shall arrange for a pre- application conference with the Department of Planning Services. A through B.7 - No change 8. An affidavit listing the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land being considered. The list shall be prepared from the real property records of the County Clerk and Rccordcr, by a person qualified to do the task and shall be current as of a date no more than thirty(30)days prior to the date the application is submitted to the Department of Planning Services. B.9 through C.1 - No change. a. The Planner shall schedule a Planning Commission meeting date within ninety(90)not more than sixty(GO)days after the complete application has been submitted. b through d - No change. e. The Planner shall post a sign on the property under consideration of a major subdivision final plat. The sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event the property under consideration is not adjacent to a publicly maintained road right-of-way,one(1)sign shall be posted in the most prominent place on the property and a second sign shall be posted where a driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services shall certify that the sign has been posted-far the ten (10) days preceding the hearing date. Each sign shall show the following information: 1 through 6 - No change. f- No change. g. The Planner shall refer the application to referral agencies, when applicable, for review and comment. The agencies shall respond within twenty-eight(28)twenty-one(21)days after the mailing of the application by the County. The failure of any agency to respond within twenty-eight(28)twenty-one(21)days may be deemed to be a favorable response to the Planning Commission. The reviews and comments solicited by the County are intended to provide the County with information about the proposed preliminary plan. The Planning Commission and Board may consider all such reviews and comments and may solicit additional information if such information is deemed necessary. The reviews and comments submitted by a referral agency are recommendations to the County. The authority and responsibility for making the decision to approve or deny the request for a preliminary plan rests with the Board. The preliminary plan referral agencies include: g.1) through C.2 - No change. 3. The Clerk to the Board shall: a. Set a Board public hearing to take place not more than within forty-five (45) thirty (30) days after receipt of the Planning Commission recommendation for consideration of the proposed preliminary plan application. No change to the remainder of section. Sec. 24-4-40. Final plat. A. An applicant shall submit a complete final plat application with the required number of application copies and application fee to the Planner. The required number of application copies shall be determined by the Planner. Final plats that are intended to make minor changes to existing subdivisions may request a waiver of some conditions at planning staffs approval. Applicant to contact Planning Services for direction. B through D.4 - No change 5 An affidavit listing the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land being considered. The list shall be prepared from the real property records of the County Clerk and Rccorder, by a person qualified to do the task and shall be current as of a date no more than thirty(30)days prior to the date the application is submitted to the Department of Planning Services. 6 through E.3 - No change. 4. The Planner shall posta sign on the property under consideration of a major subdivision final plat. The sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event the property under consideration is not adjacent to a publicly maintained road right-of-way,one (1) sign shall be posted in the most prominent place on the property and a second sign shall be posted where a driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services shall certify that the sign has been posted ferthe ten(10)days preceding the hearing date and evidenced with a photograph. The sign . Each sign shall show the following information: a through f- No change. 5. The Clerk to the Board shall arrange for legal notice of the Board hearing published in the newspaper designated by the Board for publication of notices. The date of publication shall be at least fourteen(14)ten(10)days prior to the hearing. No change to remainder of section. Article 5 Resubdivision Section 24-5-15. Resubdivision Process and Time Parameters. Aftera complete application is received,the resubdivision plat should be completed within sixty (60) days. Sec. 24-5-30. Resubdivision for changes to lot lines. A through B - No change. C. Review procedures for a resubdivision for changes to lot lines. 1. Upon receipt of a complete resubdivision application, the Department of Planning Services will schedule the request before the Board of County Commissioners within forty-five (45) sixty (GO) days. No change to remainder of section. Article VII Resubdivision Design Standards Sec. 24-7-10. Compliance required. All subdivisions, except minor subdivi3iona, approved by the Board shall comply with the following general standards: A through E - No change. Add Appendix 24-G RESUBDIVISION PLAT CERTIFICATES. Sec. 24-7-50. Lot size standards. A through I - No change. J. Aflag lot configuration shall be avoided when possible. The minimum width of a flag lot appendage shall be thirty(30)feet. This access road shall be graded,twenty(20) feet wide and clear of all encumbrances and drained to provide adequate emergency access to the property. For access and culvert information,see Chapter 8 of this Code. No change to remainder of section. Sec. 24-7-130. Storm drainage design and technical criteria. A. The engineer is to use published material bya generallyaccepted authority approved by the Director of Public Works. The material used must be referenced and copied as part of the submittal information. The County does not publish technical data or storm drainage design manuals. The design will conform with the South Weld 1-25 Corridor Master Drainage Plan if the site is within the identified basins, if applicable. No change to remainder of section. Sec. 24-7-170. Planned unit development overlay district requirements. If a subdivision or portion of a proposed subdivision is located in a planned unit development overlay district area, all applicable regulations of Chapter23,26 or 27 of this Code shall be met. Article VIII Exemptions Sec. 24-8-20. Recorded exemption. A. The recorded exemption is a subdivision process used to divide a lot into two(2),-er three (3), or four (4) separate lots. Examples of when a recorded exemption application may be submitted include creating a lot in the agricultural zone district for a single-family residential building site, separating existing improvements from agricultural land, and creating a lot in a commercial or industrial zone district for existing or future development. A recorded exemption must not be for the purpose of evading the requirements and intent of this Chapter. 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 rccorded exemption on a parcel which t,czrLeulr�aii�fa t urt.ie}tAciliNtivl rvvt1i d rvvaa a wit v Ka t al r 1 pending as of October 25, 1995. Nor will it prohibit the approval within ten(10)years of an additional application fora recorded exemption on a parcel which ha3 been part of a recorded exemption which was recorded after October 25, 1905. This shall be in accordance with Article III,Scction 3 14(2)of the Hume Rule Charter.Repealed. 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-let parcel equal to the minimum buildable lot size(eighty[80]acres) may be used in the two lot (2) recorded exemption application. Lot B of a two-lot recorded exemption is eligible for future land exemption five (5)years from the date of recording the exemption plat, in accordance with Section 24-8-40. M. Lot A of a two-lot recorded exemption created prior to January 1, 2004, is eligible for a one-time only future land exemption. Lot A of a two-lot recorded exemption created after January 1, 2004, is not eligible for a future land exemption. 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. Lot C of a three-lot recorded exemption is eligible for future land exemption five(5)years from the date of recording the exemption plat, in accordance with Section 24-8-40.M. The two smaller lots of a three- lot recorded exemption created prior to January 1, 2004, are eligible for a one-time only future land exemption. The two smaller lots of a three-lot recorded exemption created after January 1, 2004, are not eligible for a future land exemption. 3. The four-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. Three(3)of the proposed lots shall be sized in conformance with the requirements of Section 24-8-40 L.,and the fourth lot must be at least one-hundred twenty(120)acres in size. The three smaller lots shall attempt to be clustered together. The three smaller lots are not eligible for future land exemptions. The larger lot (Lot D) is eligible to apply for a future land exemption five (5) years from date of recording the exemption plat, in accordance with Section 24-8-40. M. 34. When a contiguous ownership equals two(2)or more parcels created prior to the initiation of subdivision regulations,a single parcel may be used in the two (2) lot recorded exemption application. Sec. 24-8-25. Recorded Exemption Process and Time Parameters. After a complete application is received, the recorded exemption should be completed within sixty (60) days. Sec. 24-8-35. Subdivision Exemption and Time Parameters. After a complete application is received, the recorded exemption should be completed within forty - five (45) days unless processed with an Recorded Exemption then the time frame will follow the Recorded Exemption process as described in Section 24-8-40 of this Code. 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, including fire protection. B - No change. 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 Chapter8,Article II of this Code, and shall endeavor to achieve the goal of no "net increase" in the number of accesses onto adjacent County roads when accesses already exist. 1 - No change 2. New residential driveways to an arterial will be provided only when no other option is availablc.Contiguous lots created through the exemption process shall, when practicable, share access. 3 - No chnage. 4. Exemptions shall mitigate impacts of additional accesses to County roads.A new access with a choice as to which County road it feeds onto shall choose the County road with the lowest traffic count. D. The proposed recorded exemption will shall comply with Chapter 23, Article V of this Code. E through J - No change. 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 and the satisfaction of school district concerns and requirements. Conditions of approval shall be met prior to recording the plat and restrictions may be enforced by means of notes on the plat. L - No change. M. The proposed recorded exemption is not part of a recorded exemption or subdivision exemption which woo done in conjunction with a recorded cxcmption approved within the last ten (10) five (5) years. unless the original cxcmptions had an application pcnding 03 of October 25, 1095. This provision shall not apply in any Commercial or Industrial Zone District. After January 1, 2004, the proposed recorded exemption is eligible for land exemption if it is not part of: 1. The largest lot of a recorded exemption which was recorded within the last five (5) years. 2. The largest lot of a recorded exemption which was done in conjunction with a subdivision exemption which was recorded within the last five (5) years. N. None of the smaller lots of recorded exemptions approved after January 1, 2004, are eligible for future land exemptions. O. The proposal is consistent with good agricultural practices, if applicable. Sec. 24-8-60. Exemption plat. An exemption plat shall be prepared after an application is approved and all conditions of approval have been met. The plat shall be submitted to the Department of Planning Services for recording in the office of the County Clerk and Recorder. The plat shall meet the following requirements: A through G - No change. H. The plat shall include an accurate drawing of all approved lots. 1. Recorded exemption. The smallest parcel shall be designated Lot A. Fora two-lot recorded exemption,the larger parcel shall be designated Lot B. For a three-lot recorded exemption,the medium-sized parcel shall be designated Lot B and the largest parcel shall be designated Lot C. For a four-lot recorded exemption,the smallest parcel shall be designated Lot A,the next largest parcel shall be designated Lot B, the third largest parcel shall be designated lot C and the largest parcel shall be designated Lot D. The net and gross acreage for all lots shall be given. All lots shall be accurately surveyed and the drawing shall include bearings, distances and curve data for all lines of all lots,which shall be referenced to two(2)public land survey monuments of record. No change to remainder of section. Sec. 24-8-70. Duties of Department of Planning Services and Board of County Commissioners. A. The Board of County Commissioners delegates the authority and responsibility for processing and approving exemptions to the Department of Planning Services. The Department of Planning Services shall also have the responsibility of ensuring that all application submittal requirements are met prior to initiating any official action. Once a complete application is submitted, the Department of Planning Services shall send the application to referral agencies for review and comment. The agency shall respond within twenty-eight(28)twenty one(21)days after the application is mailed. The failure of any agency to respond within twenty-eight(28)twenty-one (21) days may be deemed a favorable response. All referral agency review comments are considered recommendations to the County. The authority and responsibility for approval and denial of an exemption application rests with the County. B through C - No change. D. When, in the opinion of the Department of Planning Services, an applicant has not met one (1) or more of the standards of Subsections 24-8-40 A through O 24 8 170.A.1 through A.4, a hearing shall be scheduled before the Board of County Commissioners. E. The Board of County Commissioners shall hold a public hearing to consider the exemption application and to take final action thereon, if the Planning Staff has determined that the application has not met the standards of Subsections 24-8-40 Athrough O24-8-40.0.1 through 0.0 above. The Board of County Commissioners' decision shall consider the recommendation of the Planning Staff, referral agency responses,the application case file and facts presented at the public hearing. The Board of County Commissioners shall approve the exemption application unless it finds the applicant has not met one(1)or more of the standards as listed in Section 24-8-40. No change to remainder of section. Sec. 24-8-80. Exemption resolution. A resolution setting forth the decision of the Board of County Commissioners 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 of County Commissioners shall arrange for the County Clerk and Recorder's office to record the resolution. The Board of County Commissioners shall also authorize the Chairman to sign the plat required in Section 24-8-60 24-8-70 below. Sec. 24-8-90. Exemption correction. A through B - No change. C. Any change to a previously approved exemption which is not a correction as defined in Section 24-8-90.A 24-8-180 above shall follow the procedures of Section 24-8-5024 8 1,./0. D. The date for calculating compliance with the timing provisions of Section 24-8-40.M24 8 80.11 shall be the date of recording the most recent previous exemption associated with the parcel, not the date of the correction. Sec. 24-8-100. Exemption amendments time provisions. Time provisions do not apply to subdivision exemptions for adjustment of property lines between two (2)contiguous parcels,for the creation of lots for the purpose of financing or for the temporary use of a parcel for public utility facilities. Any change to a previously approved exemption,which is not a correction as defined in Section 24-8-90 of this Chapter, shall be processed as a new exemption, if eligible. The date for calculating compliance with the timing provisions of Section 24-8-40.M 24-8-80.1 shall be the date of the most recent previous exemption associated with the parcel only in the following instances: A. Where a boundary change results in a change of acreage between Lot A, Lot B, Lot C, Lot D 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. No change to remainder of section. Chapter 27 PLANNED UNIT DEVELOPMENT Article 1 General Provisions Sec. 27-1-10. Intent. A. The Planned Unit Development(PUD)is intended to allow an alternative method for property owners and developers to apply flexibility in developing land. This flexibility is generally not possible under the normal application of Chapters 23 and 24 of this Code. The objectives of a PUD are to: 1. Encourage innovations in residential,commercial and industrial development so that the growing demands of the population may be met by greater variety in type, design and layout of buildings and by the conservation and more efficient use of common open space in the development. 2 - No change 3. Ensure that the provisions of the zoning laws which direct the uniform treatment of dwelling type, bulk, density and common open space within each zoning district will not be applied to the improvement of land by other than lot-by-lot development in a manner which would distort the objectives of the zoning laws. No change to remainder of section. Article II Performance Standards Sec. 27-2-60. Common open space. Common open space is defined as any usable parcel of land or water unimproved and set aside, dedicated, designated or reserved for public or private use or for the use and enjoyment of owners or occupants of land adjoining or neighboring such area. Common open space includes landscape areas that are not occupied by buildings or uses such as storage or service areas, private courtyards, parking lots and islands. In all PUD districts, except for those containing residential uses, common open space may include landscape setbacks adjacent to roadways, where the setbacks are not utilized as parking or storage areas. The amount and type of common open space provided in a PUD Zone District shall be proportional to the intensity of the zone districts called for in the PUD or uses specified in the application,unless specifically delineated in Chapter 26. Common open space shall be designed to be useful to the occupants and/or residents of the PUD Zone District for recreational and scenic purposes. Common open space in the PUD Zone District shall be owned and maintained in perpetuity by an organization established specifically for such ownership and maintenance purposes. In nonurban scale developments with a minimum eighty-acre agricultural outlot,the preservation of the agricultural outlot may be considered to meet the intent of the common open space requirement. Sec. 27-2-70. Compatibility. The density,design and location of land uses within and adjoining a PUD shall be designed to be compatible with other uses within and adjoining the PUD. Compatible uses shall be determined by evaluating the general uses, building height, setback, offset, size, density, traffic,dust, noise,harmony,character,common open space,screening,health,safety and welfare of the PUD in relation to surrounding uses. Sec. 27-2-140. Nonurban scale development. Nonurban scale developments are developments comprised of nine(9)or fewer residential lots, located in a nonurban area as defined in Chapter22 of this Code,not adjacent to other PUDs, subdivisions, municipal boundaries or urban growth corridors. Nonurban scale development shall also include land used,or capable of being used,for agricultural purposes and including development which combines clustered residential uses and agricultural uses in a manner that the agricultural lands are suitable for farming and ranching operations for the next forty(40)years. Nonurban scale development on public water and septic systems may have a minimum lot size of one (1)acre and an overall gross density of two and one- half (2'h) acres per septic system. Nonurban scale development proposing individual, private wells and septic systems shall have a minimum lot size of two and one-half(2'/) acres per lot. Nonurban scale development located outside the MUD area is not subject to the common open space requirement set forth in Section 27-6-80 of this Code. This definition does not affect or apply to those coordinated planning agreements between the County and municipalities which are in effect as of May 14, 2001. Sec. 27-2-165. Public purpose. Parks,playgrounds,trails,paths and other recreational areas and common open spaces, scenic and historic sites are public purposes. A public purpose may also include productive agricultural lands;riparian areas and their buffers;wetlands and their buffers;conservation areas; buffer zones or areas; scenic areas; view corridors; floodways and floodplains; groundwater resources and recharge areas;historic,archaeological and cultural features; scenic viewsheds from public roads; wildlife preserves; and conservation areas. Areas such as wetlands and their buffers; conservation areas; buffer zones or areas; scenic areas; and view corridors are areas that may or may not allow public access. These spaces shall serve a public purpose by providing for the protection of environmentally sensitive lands, agricultural practices and scenic areas or corridors. Article Ill PUD Application Procedures and Requirements Sec. 27-3-30. Time parameters. Based upon the development guide option, as discussed in Article VI of this Chapter, the conceptual time parameters for the PUD process are as follows: Table 27.1 PUD Conceptual Time Parameters Approximate Days Sketch Plan: Administrative Review 4560 Change of Zone: Both options require: 66--90120 `Specific Guide Planning Corn. Review& *Conceptual Guide BOCC Review&Approval Final Plan: *Specific Guide Administrative Review 4560 'Conceptual Guide BOCC Review&Approval 45--6090 TOTAL: Specific Guide 150 180240 Conceptual Guide 150 195270 `Approval type depends on outcome of Change of Zone or utilization of the specific vs. conceptual guide. Article IV PUD Sketch Plan: Step One Sec. 27-4-20. Requirements for submittal. A through D - No change E. The sketch plan development questionnaire containing the following: 1 - No change. 2. The approximate size and type of any public and private common open space and semi-public uses,including parks, recreation areas,school sites and similar uses. 3 through 4 - No change. 5. The source of public water or, if an exception for a residential PUD of nine (9)five (5)lots or fewer is granted by the Department of Planning Services, it shall adhere to Section 27-2-210 above. The public water system shall also incorporate a permanent supply plan with alternatives for renewable water sources to ensure water supply for the future. 6 through 15 - No change. 16. A statement describing how the applicant intends to design adjacent roadways to meet the full typical section specified by Weld County Department of Public Works in the County Transportation Plan and Chapter 24. Improvements may include the construction of travel lanes, shoulders, bike lanes, medians, curb, gutter and sidewalks, for example. Required improvements may also include the acquisition of right-of-wayand construction easements that will be dedicated to the public. The improvements attributed to the development shall be consistent with the direct impact a particular development has on the County road system as determined bya professional transportation study. The road improvements agreement and roadwayconstruction plans shall be considered by the Board of County Commissioners. No change to remainder of section. Sec. 27-4-30. Duties of Department of Planning Services. A- No change. B. The Department of Planning Services staff shall have the responsibility of ensuring all application submittal requirements are met prior to initiating any office recommendation. Once a complete application is submitted, staff shall send the application to the appropriate referral agencies for review and comment. Referral agencies shall respond within twenty-eight (28) twenty one (21) days after the application is mailed. The failure of any agency to respond within twenty-eight(28) twenty one (21)days may be deemed as a favorable response. All referral agency review comments are considered a recommendation to the County for review of a sketch plan application. The referral agencies include: No change to remainder of section. Article V PUD Change of Zone Step Two Sec. 27-5-30. Requirements for submittal. The following items are required for submittal of the PUD change of zone: A through B - No change C. An affidavit listing the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land being considered. The list shall be prepared from the real property records of the County (or adjacent County)Clerk and Recorder,by a person qualified to do the task and shall be current as of a date no more than thirty (30) days prior to the date the application is submitted to the Department of Planning Services. D. A certified list of the names and addresses of mineral owners and lessees of mineral owners on or under the parcel of land being considered. The source of such list shall be assembled from the records of the Clerk and Recorder, or from an ownership update derived from such records of a title or abstract company or an attorney.A certified list of the names, addresses and the corresponding parcel identification numbers assigned by the County Assessor to the owners of property of the surface estate within five hundred (500) feet of the property subject to the application. The source of such list shall be from the records of the County Assessor, or an ownership update from a title 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. 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 hearing process, even if such error results in the failure of a surrounding property owner to receive such notification. No change to remainder of section. Article VI Development Guide Requirements Sec. 27-6-50. Component Two — service provision impacts. A through B.10 - No change. 11. Structural Road Improvements Plan. Adjacent roadways shall be designed to meet the full typical section specified by Weld County Department of Public Works in the County Transportation rlan and Chapter 24 of this Code. Improvements may include the construction of travel lanes, shoulders, bike lanes, medians, curb, gutter and sidewalks, for example. Required improvements may also include the acquisition of right-of-way and construction easements that will be dedicated to the public. Improvements attributed to the development shall be consistent with the direct impact a particular development has on the County road system as determined by a professional transportation study. The road improvements agreement and roadway construction plans shall be considered by the Board of County Commissioners. Sec. 27-6-80. Component Five — common open space usage. A. Intent. Common open space is an essential community asset and an important component of a development's design in urban scale development and in any PUD located in the MUD area. Common open space attempts to preserve ecologically important environments, provides attractive views and space for recreational activities and buffers the development from other land uses. The intent of Component Five is to ensure that each development provides an appropriate amount and type of open space within the site. B. Common Open Space Regulations. Common open space in urban scale development and in any PUD located in the MUD area is intended to establish a sense of community and increase the quality and uniqueness of each site. Common open space provides enjoyable space while adequately buffering various uses. 1 through 3 - No change 4. The homeowners organization is responsible for liability insurance,taxes and maintenance of common open space and recreational and other facilities. 5 through 6.b - No change 7. All P'UDa containing a rc3idcntial clement. l ull pruv-id..,for a-fiftuti i Nt.I CI rt (15%)common open space allocation, unless otherwise stated in Chapter 26 of this Code. Departure from this standard will be considered and may be approved by the Department of Planning Services staff as long as the intent of this Chapter and Chapter 26 have been met. All urban scale development PUDs containing a residential element shall provide for a fifteen percent (15%) common open space allocation, unless otherwise stated in Chapter 26 of this Code. Departure from this standard will be considered and may be approved by the Department of Planning Services staff as long as the intent of this Chapter and Chapter 26 have been met. 8. All PUDs subject to the common open space requirement may apply for a greater density and have reduced common open space when applying the cash-in-lieu alternative listed herein. a through h - No change. C. Duties of the Department of Planning Services. 1. The Department of Planning Services will be responsible for evaluating the common open space usage of the PUD for compatibility with Chapters 22, 23, 24 and 26 of this Code, if applicable. 2. The applicant for a PUD with a common open space requirement shall provide a statement detailing how any common open space will be owned, preserved and maintained in perpetuity. As needed, the Planning Commission or its representative shall compare the development to date with the approved construction plan to determine compliance, as follows: No change to remainder of section. Sec. 27-6-120. Review procedure for change of zone. A - No change. B. Duties of the Department of Planning Services. The Department of Planning Services shall be responsible for processing all applications for a change of zone to a PUD Zone District. The Department shall have the responsibility to ensure that all application procedures and requirements are met prior to any official action. Once a complete application is submitted in compliance with Section 27-5-30 of this Chapter, the Planner shall: 1. Set a Planning Commission hearing date within sixty (60) days not lcsa than forty-five (45) days nor more sixty (60) days after the complete application has been submitted. 2. Send the application to referral agencies for review and comment. The agency shall respond within twenty-eight(28)twenty-one(21)days after the application is mailed. The failure of any agency to respond within twenty-eight (28) twenty one (21) days may be deemed a favorable response. All referral agency review comments are considered a recommendation to the County for approval and denial of a change of zone application. The referral agencies include those listed in Section 27-4-30 of this Chapter. 3. Arrange for legal notice of said hearing to be published once in the newspaper designated by the Board of County Commissioners for publication of notices. At the discretion of the Board of County Commissioners, a second notice may be published in a newspaper which is published in the area in which the PUD plan is proposed. The failure to publish the second notice shall not create a jurisdictional defect in the hearing process. The date of publication shall be at least fifteen (15) fourteen(14)days prior to the hearing. The public notice shall include a legal description of the property being considered for off-site dedication for a public purpose. If the cash-in-lieu option is selected, the public notice shall also include a statement to that effect. 4 through C.1.h - No change. C.2. The Secretary of the Planning Commission shall forward the official recommendation of the Planning Commission and the information contained in the official record, which includes the Department of Planning Services case file, to the Board of County Commissioners within fifteen(15)ten (10) days after said recommendation has been made. 3 - No change. D. Duties of the Board of County Commissioners. After receipt of the Planning Commission's recommendation, the Board of County Commissioners. 1. Set a Board of County Commissioners public hearing to take place not less than fiftcen (15) days and not more than within forty-five (45) days after receipt of the Planning Commission's recommendation,for consideration of the proposed change of zone. 2 through 4 - No change. 5. The Board of County Commissioners shall hold a public hearing to consider the application and to take final action hereon. In making a decision on the proposed change of zone,the Board shall consider the recommendation of the Planning Commission,the facts presented at the public hearing and the information contained in the official record,which includes the Department of Planning Services case file. The Board of County Commissioners shall approve the request for the application only if it finds that the applicant has met the applicable requirements of Paragraphs a through-hj below. The applicant has the burden of proof to show that the following standards and conditions have been met: No change to remainder of section. Article VII PUD Final Plan: Step Three Sec. 27-7-30. Requirements for submittal. The following completed information is required for the final plan. The Director of Planning Services has the discretion to waive information not deemed necessary by the Department of Planning Services A through I - No change. J. A separate off-site road improvements agreement proposal. Adjacent roadways shall be designed to meet the full typical section specified by Weld County Department of Public Works in the County TraRspertathin Pia,rand Chapter 24 of this Code. Improvements may include the construction of travel lanes, shoulders, bike lanes, medians, curb, gutter and sidewalks, for example. Required improvements may also include the acquisition of right-of-way and construction easements that will be dedicated to the public. Improvements attributed to the development shall be consistent with the direct impact a particular development has on the County road system as determined by a professional transportation study. The road improvements agreement and roadway construction plans shall be considered by the Board of County Commissioners. The off-site road improvement proposal shall describe,in detail,the type of off-site road improvements to determine if the requirement for street or highway facilities will be adequate in functional classification, width and structural capacity to meet the traffic requirements. The method of guaranteeing the installation of off-site road improvements shall be described as part of the agreement. The method of guarantee shall conform with the County's policy regarding collateral for improvements at Section 2-3-30 of this Code. K through L - No change. M. An affidavit listing the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land being considered. The list shall be prepared from the real property records of the County(or adjacent County)Clerk and Recorder, by a person qualified to do the task and shall be current as of a date no more than thirty (30) days prior to the date the application is submitted to the Department of Planning Services. N. A certified fiat of the namca and addre33c3 of mineral owncra and Ie33ec3 of mineral owners on or under the parcel of land being considered. The source of such list shall be assembled from the records of the Clerk and Recorder, or from an Uvvi rursl.4frtry.,Jate-fluiii a-GNovr aLAaLt-Gun.Nwi lra,rattan icy*rivcJ-{fui I,Oudr recorda.Acertified list of the names,addresses and the corresponding parcel identification numbers assigned by the County Assessor to the owners of property of the surface estate within five hundred (500) feet of the property subject to the application. The source of such list shall be from the records of the County Assessor,or an ownership update from a title 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. 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 hearing process, even if such error results in the failure of a surrounding property owner to receive such notification. No change to remainder of section. Sec. 27-7-40. Review procedure for final plan. A through B.1 - No change. 2. In the event that the Department of Planning Services determines that the final plan submittal is consistent with the previous sketch plan and change of zone submittals,and if a specific development guide was submitted for the change of zone application, the Planner shall: a. Send the application to referral agencies for review and comment. The agency shall respond within twenty-eight(28)twenty one(21) days after the application is mailed. The failure of any agency to respond within twenty-eight (28) twenty one (21) days may be deemed a favorable response. All referral agency review comments are considered recommendations to the County. The authority and responsibility for approval and denial of a final plat application rests with the County. The referral agencies include those listed in Subsection 27-4-30 B.1 of this Chapter. b - No change. 3. In the event that the Department of Planning Services determines that the final plan submittal is not consistent with the previous sketch plan and change of zone submittals, and/or a conceptual development guide was submitted for the change of zone application, the Planner shall: a. Set a Board of County Commissioners hearing date within not less than forty five (45)&40.1.6h.k.sixty(60)days after the complete application has been submitted. b. Send the application to referral agencies for review and comment. The agency shall respond within twenty-eight(28)twenty-one(21) days after the application is mailed. The failure of any agency to respond within twenty-eight (28) twenty one (21) days may be deemed a favorable response. All referral agency review comments are considered a recommendation to the County for approval and denial of a final plan application. The referral agencies include those listed in Section 27-4-30 B.1 of this Chapter. c through d - No change. e. The Department of Planning Services shall post a sign for the applicant on the property under consideration for a PUD final plan. The sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event the property under consideration is not adjacent to a publicly maintained road right-of- way, one (1)sign shall be posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The sign shall be posted at least fifteen(15)days prior to the hearing and evidenced with a photograph. No change to remainder of section. Article IX PUD Mapping Reuirements Sec. 27-9-10. Sketch plan map requirements. Opening Paragraph through D - No change E. Outline of the proposed PUD perimeter. The proposed location of land uses by block and lot, including block and lot sizes in acres, gross density and number of each type of residential unit;approximate floor areas,height and type of businesses, commercial and industrial uses;and the location of common open space areas,i.e., public parks and similar uses. The percentage of common open space shall be delineated on the map. F through H - No change. Vicinity map, located on either the sketch plan map or an additional map, showing the location of the PUD in relation to the general area, roadways, irrigation ditches and water features, professionally drawn at a scale of one (1) inch equals two thousand (2,000) six hundred (G00)feet or an approved scale by the Department of Planning Services, with an outer dimension of twenty-four(24) by thirty-six (36) inches showing the following items: No change to remainder of section. Sec. 27-9-20. Change of zone and final plat map requirements. The following criteria are required for the change of zone and final plan plat associated with the PUD process: The change of zone and final plan plat map shall be in black drawing ink on Mylar(not sepia)at a scale of one (1) inch equals one hundred (100)feet, one (1) inch equals two hundred(200)feet or scale approved by the Department of Planning Services, composed of one(1)or more sheets with an outer dimension of twenty-four(24)by thirty-six (36) inches, showing the following information: No change to remainder of section. Article X Cluster PUD Sec. 27-10-10. Purpose. The purpose of this Article is: A through C - No change D. To recognize Weld County's Right to Farm in Chapter 22 Appendix 22-E and W.Coal 3 in Chapter 22, Chapter23 and all applicable County ordinances in effect. No change to remainder of section. Sec. 27-10-20. Standards. A through B - No change. C. A minimum of two-thirds (2t367%)of the total area of the tract must be reserved for the preservation of contiguous land. D through E - No change. F. The intent of the A(Agricultural)Zone District as outlined in Chapter 23 the Zoning Ordinance and the Comprehensive Plan, Chapter 22 of the Weld County Code, including Weld County's Right to Farm, Appendix 22-E, shall be met. No change to remainder of section. BE IT FURTHER ORDAINED 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 anysection,subsection,paragraph,sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. NOTICE PURSUANT to the Weld County Home Rule Charter,Ordinance Number 2003-10 published above, was introduced and,on motion duly made and seconded,approved upon first reading on January 5,2004. A public hearing and second reading is scheduled to be held in the Chambers of the Board, First Floor Hearing Room, 915 10th Street, Greeley, Colorado 80631, on January 26, 2004. All persons in any manner interested in the reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's office at phone(970)336-7215,Extension 4225,or fax(970) 352-0242, prior to the day of the hearing if, as the result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners,located in the Weld County Centennial Center,Third Floor,915 10th Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page(www.co.weld.co.us). E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to charding@co.weld.co.us. SECOND READING: January 26, 2004, at 9:00 a.m. THIRD READING: February 18, 2004, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: January 9, 2004 PUBLISHED: January 15, 2004, in the South Weld Sun STATE OF COLORADO ) )s.s. COUNTY OF WELD ) Ruth Pelton-Roby, as manager of Pelton Publishing Company LLC, being duly sworn, states that it is publisher of the South Weld Sun, a weekly newspaper published in Keenesburg in said County and State; that said newspaper has a general circulation in said County and has been continuously and uninterruptedly published therein, during a period of at least fifty-two consecutive weeks prior to the first publication of the annexed notice; that said newspaper is a newspaper within the meaning of the act of the General Assembly of the State of Colorado, entitled "An Act to regulate the printing of legal notices and advertisements" and amendments thereto; that the notice of which the annexed is a printed copy taken from said newspaper, was published in said newspaper, and in the regular and entire issue of every number thereof, once a week for successive weeks; that said notice was so published in said I newspaper proper and not in any supplement thereof, and that the first publication of said notice as aforesaid, was on the ____day of 2004, and the last on the/'-5 day Ofao 2, .2 ➢ , 2004. PELTO PUBLISHING COMPANY LLC en ByQ� , Ruth Pelton-Roby Its: Manager Subscribed andtworn to before me this 7y/day o� 6.,. ./...7 . ,, 2004. Or IJotafy rublic My Commission expires:/r'142 C"v r NOTICE DOCKET NO. 2004-01 The Board of County Commissioners of Weld County, Colorado, will conduct a public hearing at 9:00 a.m., on January 5, 2004, in the Chambers of the Board of County Commissioners of Weld County,Colorado,Weld County Centennial Center,915 10th Street, First Floor,Greeley, Colorado, for the purpose of considering amendments to the Weld County Code. The second and third readings of said Ordinance will be considered on January 26 and February 18, 2004. All persons in any manner interested are requested to attend said hearing and may be heard. Should any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing,the Clerk to the Board shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that copies of the proposed amendments may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 91510th Street,Third Floor,Greeley,Colorado, Monday through Friday,8:00 a.m.to 5:00 p.m. The text of the proposed changes is available on the Weld Countyweb site(www a(�co.weld.co.us)under the"Policies and Ordinances"section. E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to charding@co.weld.co.us. REQUEST: CODE ORDINANCE 2003-10 IN THE MATTER OF REPEALING AND RE- ENACTING,WITH AMENDMENTS,SECTIONS OF THE WELD COUNTY CODE, SPECIFICALLY,CHAPTER 21 AREAS AND ACTIVITIES OF SPECIAL INTEREST, CHAPTER 23 ZONING,CHAPTER 24 SUBDIVISION,AND CHAPTER 27 PLANNED UNIT DEVELOPMENT BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: December 12, 2003 PUBLISHED: December 18, 2003, in the South Weld Sun 'so COWM Y. 2nd. coos owaANa Ent-w II THE MATTER OF REPEALNG NO RIIEMACTMa WIN AMEIOMENTS,CHAPTER 21 AEAS AND ACTIVITIES OF SPECIAL INTEREST,CHAPTER 23 ZONING.CHAPTER 24 SUBOMMON,AND CHAPTER 27 PLANNED UNIT DEVELOPMENT, OF THE WELD COUNTY COCE 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 otColorado,pursuant to Colorado stapes and the Weld County Home Rule Charts,is vendwith the authority of edminiatarirg the Stein of Weld County,Colorado,and WHEREAS,thaBoard of CommissionersCarty Commissioners on December 2A,2000,adopted Weld County Code Ordinance 2000- 1,endings comprehensive Cadefortne Casty of Weld,Indudirgt a codification of all previously adapted ordinances of general eruct permanent nature enacted on or before said date of adoption,and WHEREAS,the Weld County Code is in need of revision and dsification with regard to procedures,terra Sc requirement therein. NOW,THEREFORE BE IT ORDAINED by the Board of County Commissioners of the County of Weld,Sate of Colorado.Bat certain exisbg Chapters of the Weld County Cods be,and hereby are,repeated and re-enacted,with amendments, 'Sc the various Chopin we revised to need as follow. (Clerk's Note:Except for Chapter end Section tides,bold text(Dole denotes text berg added,strewn feat(ebieerd denotes tad —deleted) Chapter 21 Area and Activities of State Internet Article W Perrot Regulations Sec.21-2-200. Permits required alter designation:receipt of application form. A through E-No change, F. The applicant shall submit an affidavit listing the names and addresses of all mineral owners and lessees of mineral waters on or under the parcel of land being considered. TM flat shall be prepared from the real property records bye person qualified to perform the tasieeinerstamit Glealetwellieerrisr and shall be current as of a date no more than thirty(30)days prior to the date the application is submitted to tine Planning Department. Sec.21-2-280. Duties Of Department of Flaming Services. A through 8.5-No change. 8.6 Refer the application for their review and comment to those referral agencies deemed by the Department of Planning Services,in its sole discretion.lobe appropriate to the subject matter of the application.The agencies named shall respond within twenty-eight(28)-Wient anep(Ee)days after the mailing of the application. The failure of any agency to respond twenty-eight(20)4..-•h .'i+"')days may be deemed to be a favorable response to the Planning Commission. The reviews and comments solicited by the referral are intended to provide the County with information about the proposed activity. The Planning Commission and Board of County Commissioners mays resider all such reviews end coneaerws and may solicit additional information if such Information is deemed necessary. The reviews end comments submitted by a reform agency are h axiomwSdons to the County. The authority and responsibility for making the decision to approve or deny the request for a permit pursuant to these Section 1041 Regulations rests with the officials of the County. 8.7-No change. Sec.21-2-300. Pewit hearing before Planing Commission. A-No change. B. The Secretary of the Planning Commission shall fawned the official recommendation of the Planning Commission and the information contained in the official record,said,includes the oepaMrmof Planning Services qua ale to the Clerk to.the Board within ten (10)!we-fe)days after said recpmmmdaimbAn$wen made . _ Chapter 22' Arta I 0_fl Previsions Sec.23,140 Definitions. • Add the following definitions: COMPLETE APPLICATION: All necessary Information required es pat of the eubmNW criteria of a lend w cae as defined In actions per alning to the toe of low being processed. MANUFACTUREDSTRUCTIA E:Any teMety-aseembled STRUCTURE withetwMtaAeervkeconnestiateeat Is not a DWELLING. • REFERRAL:A portion eta complete application awn to a referral agency for review of a case. The Mane information may contain only potions or elements of to complete application. Amend the folkway dantiore: HOME OCCUPATION:Mincidental use nee DWELLING UNIT for paint employment oft the resident thwart Mire: A through F-No dings G. HOME OCCUPATION.may include accessory parking ol a einple vehicle which matt be primarily associated with a permitted home aaagation. A HOME OCCUPATION Walled wWdwin n approved or recorded subdivision plat or LOTEpAIt of a map or plan filed prior to adoption of any regulations controlling subdivisions,shell Seemed one(Ntnhtse no larger than one(1)ton gross vehicle weight or one(1)sailer which cannot exceed fifteen (15)'feet and related to and operated in conjunction with the HOME OCCUPATION. A HOME OCCUPATION booted outside of a eelbdieiYee s unincorporated town,Mad be allowed nine(1)ca,tuck,delivery van,senelnier aStor Wailer,amp truck or similar type vemidewaylawaWa. This is not idwWedl includeezcevatinaatipmia,cement mixers.heavy epipawfsaita sypes ofgneay unlicensed vehicle orequipment.When parked nthe ea,the vehicle aaociatedwth the home occupation mel be reaansly concealed and appropriately screened tram all mimed properties and public*15 way. LANDSCAMIIMEt Mires ay SSl,Mbn airing pina audl a tees,shrub.,rime ground coven,trews or `4C ha,and may ndude mars teases t as rack store and bark.and rWMmrS imam iraigirq but not tinned to,fountains,Westing pods,an works,screen wails,fences,STREETfumane,welts,dedandr emental mare or stoner*. LANDSCAPE**MAINTENANCE: The regular litigation,weeding,fertilization,mewing,bash darwlp and pruning of all LANDSCAPER*the treatment or repair of ell diseased,insect-ridden,broken or vandalized LANDSCAPSSag, and the replacement of dead or irreparable LANDSCAPEING in substantially similar kind. MANUFACTURED HOME(Ties definition applies only to MANUFACTURED HOMES Men red in the administration of•Flood Hazard Overlay District Development Permit or the Flood Hazard Overlay District): A STRUCTURE transportable in one(1)or more sections,which is built on a permanent chassis and is designed for USE wi hear low •permanent foundation when connected to the required utilities. This lean also includes perk balers,travel Its and other similar vehicles placed on a site for greater than one hundred eighty(180)consecutive days. A MANUFACTURED (MOBILE) HOME shall not be allowed to deteriorate to the carton of a DERELICT MANUFACTURED(MOBILE)HOME. MOBILEHOME(This definition applies only to MOBILE HOMES when used in the administration of•Flood lterartl Overlay Disnict Development Permit or the Flood Hazard Overlay District.):AMOBILE ILE HOME shall be required to have a permanent engineered karcati . The elevation of any interior grade al •air spade or the top of the floor in any basement,wale out.etc.,must be one(1)foot above the Base Flood Elevation. Mrs e Procedures eat Pennies Sec.23-2-20. Dulles of Department of Planning Services. A Any prep wanting to apply fors Change of Zane gibes&rage for•pnippraion cordrenee • ._— wit lhe Department of Plaaang Services.The Department of Planning Services shell be responsible for processing all applications for Change of Zone in the unincorporated rem of the COUNTY. The Department shall also have the responsibility of ensuring that all application submittal requre ein we met prior to initiating any official action as listed below. B. Upon determination that the application submittal is complete,the Department of Planning Services shill: 1. Set a Planting Commission hearing date within sixty ISO)dys.-a4_MrnMmpNW) . 'I"% • 2 through 4-tic;change. 1 f 5. A sign shall be posted for the applicant on the property under consideration for•mania. The sign shall be posted adjacent to and visible from a curdy maintained rood right-of-way. In the event the property under consideration is not adjacent to a curdy maintained road tight-of-way,one(1)sign shall be posted in the most prominent(base on the property and•second sign posted at the point at which the driveway(access drat) intersects publicly maintained road riga-of-way.Teswl share at rest in(10) awe prior to the hearing and evidenced with•photograph. The sign will Windt* the following information. •trough f-No change B. Refer the application to the following agencies,when applicable,for trot review as or went The agencies named shell respond withinhwMyyly0(2e) b .1B4)dys after the meting of the application by the COUNTY. The mkre of any agency to rewind within twenty-MGM(25) -- Y (ad 'ys may be deemed to be•f•vr•Me warm to the Pluming Commission. TM reviews and comments solicited by to Carty a intendedrprovide theCOUNTYwith Information about to proposed Change ofZone.The Planning Commission and Board of County Commissioners may consider at such reviews and cements and may solicit addtional information if such infarMrn is deemed necessary. The reviews' and comments submitted by (triage' agency n recrnmendMions rote COUNTY.The authority and reapociafoility for making the decision to approve or deny the request for Change of Zee rests with the officials of the Casey. a through c-No change. a Department of Pudic Works F ' the' ' \ - 4 review Cheat eMar engineering aspects eagle disposal. e trough o-No dhnge. 7-No change. C. An electronic venbnteprotaableww of the Official Weld County Zoning Map shall be mainlaaed which indudea all of the rezoning approvals made since the last adoption of the map by the Borg of County Commissioners.The map shall be available for public inspection with the Department of Planning Services and online. D-No change. Sea.23-240. Duties of Boad of County Commissioner • A. The Board of County Commissioners shall: 1. Sete Board of County Commissioners'public hearing,to take place within forty five(4{) or upon request of the applies*far consideration of the proposed Change of Zone. No changes to remainder of subsection. Sec.23-230. Application requirements for Change of Zone. A-No change. B. The following information shall be submitted on an application form which may be obtained from the Deparbrent of Planning Services: 1 through 9-No change 10. An affidavit listing the names and addresses of mineral owners and lessees of mineral owners onor under the parcel of land being considered The list shall be prepared from the real properly records by a person qualified to perform the task •L B .,,g • it Rama r,and shell be current as of•date no more than thirty(30)days prior to the der the application is submitted to the Department of Pluming Services. 11 trough 14-No change. it. Certificate of Conveyance dated wish 30 days of the application submitted. C. A vicinity aid lend USE ma of the area shall be submitted as pert of the general application. These maps shall be drawn to the following specifications: 1-No change • 2. The dimensions of the lad USE map shall be thirty-six(36)inches wide by MsntYfour(24) Inches high ai0 pored at e scar one(1)inch ears one hundred(100)feet(11 a 1W) or el other suitable seer when approved by the Department of Planning Services. The vicinity ma shall be drawn at suitable scale on the land USE map.1'.20W 3-No carpe. D. A mooning pat shoe be winedap ggaena of the gear*appkaion. Idle applicant elects the option dronded it,Subsection 5.3 secrete'/aaoap plating not be reputed until the certified boundary survey has been made. This map shall be beau to the farming spS0MMliw: 1. The pal shell be Mineola in nettling permanent black.ircaemwnpi 1.on Pew or othera equal quality.three(3)millimeters or greater in thickness. The pall sup bee spas agnates and seas In permanent black ilk The On of each shall be twMlgteur (24)Indies In height by thirty-six(36)inches In width. The mixing atheist sixes is • prohibited. No pia submitted WWI contain sty tone of stick-on type material each a,but not listed to•adcky-back,'adhesive film orlelengthy tam.kroy lti -. 2. The dimensions of the map shell be -t (")' hAhA-'.. (3C)' wideprepagd at a scale one(1)inch equals one hunched(100)feet(T•100)or at other suitable soak when approved by the Dspartnent of Penang Senkee The vicinity map shoe be drawn at suitable sear on the land USE map.1'.2000. 3. The following Information stall be shown: a-NO Change. b. Legal description,icludingmMl era involved,ascended and signed by the eodian c through colligates - - 4. The following C-No change. shall appear an the map: atrauph c-Po e. 0. Property Owners Certificate, s-No change. E. The foaming No atpreg supporting shall be submitted as part Glee general application: 0 7. A geohichnicaleeitreenthend study of the site proposed for the Crape of Zone with a statement ate suitability of soils to support ell USES allowed in the proposed zone.Ste soils survey and study indicates soils which present moderate or mere limitations to the construction ofSTRUCTURES wedges on the site,the applicant shell submit'roentgen • which demonstrates that the limitations can ea overcome: 8-No change. 9. It according to maps and other information available to the COUNTY.the Department of Planning Services determines that the amen to be s sere,gravel or other grate name on or under the subject property,the applicant ell provide a mineral resource statement prepared by a certified geologist or other qualified expert,Indiap Si net tmlted to Colorado Geological Survey. The statement shoe indicate the estimated quantity of resources and indicate the economic inability of rernywy,now and into future, of the raaauya so that to Planning Commission and Board of Cosy Commissioners can determine whether a COMMERCIAL MINERAL DEPOSIT is contained on or ceder the subject properties. 10 through 11-Nochange. 12. A sign shall be posted for the applicant on the property uder consideration fora rezoing. The sign Well be posted adjacent to and visible from a publicly maintained road tight-of-way. In the event the properly under consideration is not adjacent to a publicly maintained road right-of-way,one(1)sign shall be posted in the most prominent place on the property and a second sign posted at to pant et which the Mveway(eyes.dove) 'edemas a palidyMaintained road right-of-way.The sign shall be posted at least ten(10) days prior to the hearing and evidenced with a p holograph. The sign MU ind de to following kdormetion: •trough I-No charge. Sec.23-2.110. Wes of Mombasa of Panting Service. Upon abrnisaon of s request hen the Board of County Commissioners for any proposed amendments to the text of this Chepa,+' Departmental Manning Services tap: A al making is Ma nynmw chin,determine: 1. That the exiting text is in need a rsvialon a proposed. 2. That the proposed ahwnd.ertt we be coaitent with the future goals and needsof —..— the COUNTY a set out in Chapter 22 and any other appleable code provlelea or ._, manage Imam" 3. That the proposed shwdn,ent will be romlebat with the overall Intent of this Chapter. Renumberexisting A trogh E(ro enough F)with no changes in tar. Set.23.2-120. Dudes of Planning Commission. A-Noaonge. . - B. In nuking its final recommendation,the Planning Commission shalldowing,hid: 1 group 3-No change. C. TI.Seoetay of to Planing Commission Mall forward the office recommendation and the infarmaba, oamnedn the WOO record,which Includesthe Department ofPining Servicescase file,to the Baled a County Commissioners within hen(1N dap after said recemeindetion ha been made. Sec.23-2-130. Dudesof Dosed of County Come.Bbnere.- A The Board of County Canmissiwws shall: 1. Sala Board of County Commissioners public hating date within felyilve(W)day.. No change to remainder of section. • SeO,23-2.160 knee sad appliceMy. • A thrown E2-Nothing* 3 thaw:eying,ad endues prodMrontedges in tea(IMhaia)Zone District,reefer TEMPORARY STRUCTURES such as.but negated**,the pre allratoorks or the nnpoary et. F•NoLwpA: - G. Ti.Director of Planning Service.may wive the site plan review requirement for COMMERCIAL and INDUSTRIAL USES in•Planned Unit Development(PUD)upon determination that sufficient detailed information was submitted and reviewed In the Final PUD Plan. No change to remainder of section. . .... Sec.23.2-140. Application requlnmww for Ste plan review. _ .. ' My person wanting to apply foveae Plan Renew that a sage for•per-q.pdcate conference with the ....DEp'rinrd of Maisny Sweets. The purpose a the application is to give the applicant an opportunity to denwnstrae trough written and giphi0 lamination how to proposal complies with the sttandards of Chega. ... The following agpatigdoasnnr shell be submitted a a part of the applicati n: A"'fought.-No daape. .. M. Statements describing that the LANDSCAPE requirements listed bees,have been met: ._tdnaplt3-Nodwq... 1. TM.applicant ;hall atbmt. to Via.Deportment.a Penning Service a detailed LANDSCAPEIN6pn delineating the elating and apposed tees,ants.ground rows, • nahseleatu esu hen rock outcroppings and other LANDSCAPEINGeleewts.The pen snag show where WlDSCAPEIN6 exists or will be located, along with planting and confection details,species nay end size. Where existing plaaipe we to be retained,- the applicant Mall Meg in the plan proposed methods a greactitg tie plantings during conektrlian. 3. The applicant shell eugmut to the Depstnaa alerting Services a maintenance plan for the propose LANDS on the site. Ntroui U.7-No change. Any n-aite and oneNe ilmtevsm.+s agreement eh.Sande in conformance with me 11 Carry policy n catiseral for hnprovanst. V. SITE PLAN REVIEW MAP. The site plan map arse slpa"a d comply comply with the baeai g • ._ -. Lllvaepll b- vicinity b. . . cAads andothermq d scale. V map a20 she baste theorem.respect to Meant rotas change major land features.t"w 2pp0` 7ITE PL 15 No cha ge • W. SITE PUW,REVIEW PLAT: A Site PlanReview Plat shall be prepared Cr a•Site Plan Radar for recording lapproved.The plat shall be rbmitte io the Department OfPlerming)Servicesndcereedy for recording Man Canty Clerk end Recorders office within sixty payNayheedays of approval.The plat shell meet to fallowing r.gWerne s: 1. - The plat shall be delineated in nonfading pawn ant Nadi inn on seigeeneieneryele or other prodct of equal quality,Over millimeters or greater in thickness. the pal shell beer crigis signatures and saw permanent black Irk.The size of*schema be tw*ly4aar(24)inches in height by Bit y- (36)inches n width. The mbdng of sheet Miss Is prohibited. No plat submitted M coraern anybat of stdkVn type nail such as,but not IMPS to"stikybadc"adhesi film or kroy lettering taps. The dewing.Ira be M Sunder scale to show all news. debit. 2 through 3-Nodome. 4. Tlepe shag be tided"Site Plan Review No. "The Department of Perini Service.era psei i.011 the appropriate not.. 5, The plot shell include ell of the bean approved In the Mr plan review adM.JJ.4 c—s Isis - S-No change. X through Z-No change. AA Photo Y.Nrsal Wen.(PINTA if umpired Sec.23-2-210. Duties of Department of Pte ning Selves Any pets.waning to apply for a Use by Special Review Wry arrange fore preapplinden eonirnww* the Dsprusni of NnNrp Sery ce . • B.... . . Upon detnmMin to the applIcainaMatWisonolre.theDepso wi of Planing Sevens shag Bete Planing Commesion hearing dete with slaty tee)Aayerob ereMwM,M. 2 though)-Nochange. 4. A sign shell be posted for Be applied on the property weerSEraidrein for.Use b Spec.Review permit The Si.Nall be peed depend to are vebb from a paled maintained col rigmofway Inge swathe property under consideration is not m awn to a ptbldy maintained med right—dryly.one ti)SI tall be posted n is nice prominent place on Be property nd•amend aryNoatedatIM poi.Mwinch Be dives! (access diva)nrseds a publicly maintained road right-of-way.The sign shag Impost. at least ten(10)dal price to the hearing tat oedema.with a ahrognph TiollMgr ' will incites the following lRrn elfin: a through f+No dings 6. Ne tftarl0e 8. Refer theThe agent a nathemedevdg'espond w when appent iol ht for their Meow we oiary dew after the agencies warned NMI n respond within TMtl.ght . f WYsencytc deyen wthiAtmeg eght(plbabnby ttrl dys nor The fears to bey Wraye respond tb"th.Planning d(rmelit ict. r vew mar be decomments solicitedo b if it `e Rig PWmto Cvirnssln Nos a Is ark connate aprp byd IN bCyRpec are vise d Tie provide Co COUNTY Nim information of ion Canty about n- proposed Use prySpsral eta.r vie slrnmgComti a and pat Bond MCronyCrmasmra rtes cower informer is de rmed ne rat ey.Try r e nay d comdt rnt.submitted u trod by a ef a ra age I.deemed necessary.h OU tY. and city and espo sod by a raking the declaim e awree pprveccbdr COUNTY.Try rMpal Review ewpnnt responsibility or tl le o Mb Oprrova a deny the regise�br a Special Permit rests with the amcll oleoodar s a Brpplyd-No dyge d. Daperento PerlbWonbb ' / . \. • rav'erwafebr engineering.. reds Mite proposal. No change to remainder aSection. Joe.23-2.330.AppAuler car-annbab. A-Nosega B. The following general information shall be submitted: I thm gh 9 No change 10. An affidavit listing the names and addresses of el mineral owners and lessees al mineral owners on or under the parcel of land being ceras.nld.'Meryl Mill be Prepared front the rest property recoi*rytheyfiefie.43.4varebReestierOy a pine gnelMed to do Be task,and shall be anent se of a pate novena., tfad al y,(30)d prior to the date the application to n isa64 County Depr*nraof Plarine Services. 11.,. . ' A pgn shallbepdettp Joe the,applies ant ma popery aq.r consideration Walla by Special Review permit. The sir shall be posted adman to and viable front a publicly maintained road nigh-of-way.boa event the property under consideration Is not..je at to a publicly maintained road right-r-way.One(1)sign shall be posted in the MOW prominent piece on the popery and asec«M sign posted Mme point steed the dive.. The sign shall be peeled - el lost ccesstan(10)days priortot a heing icly maintained retied-way. phsgph 7 slip will Include the following kaereaelan: a Use by Special Review number • b. Dab.Passed place at public Seery. c. Location and telephone number of the welt al flee where adsbna Mrnsdmmegbe°blared. e. . See M parcel Oland.- f TM'rretest 12-Nochange. 13. Proposed LMIDSCAPEING pins. 14-NONr A liar 10.' - AppmunttenOdose of ish olnan.Ireelkdby1*1 demonstrating PMPe BAmn of municipality E rraawduyPn.D C. A staled description of the proposed operation and USE shall be supple. Details lr the following Mint when appaoase,re reputed: l trough 12-No large. 13. Proposed IANDSCAPINGE pans: - ' 14 graph 1T-No change 'D. T Brstgh Syhree.56101 evrPrma Pin Mgr. 6.a10)•No rharlge. N) Location, swag.'en rat type of any proposed LANDSCAPING sends I asdeg fencing,walls,berrma or other SCRIMP S).nd,gt- 8. 12Bargh 13.1MNearge:, . . P. P1tMeterlrnatd Two=(PMT)etespMM ea s..23-2401,.Appeasing. A '--Yyer testy gaggleugly Is tMtalnM to be .am or=Mg of see Intent (Si. Ohpa.rat.l _ _ - Set IId-Sn Out a4O.pnunnM of AwMeplorS a. • . .. A My person=Ming to apply fora Use by Specie Myles egg arrange for a pnappsnRon conference=Mg Department of Planing Service.-The Deportment*IPlamk,g Services shell be responsible for processing MI applications for a MAJOR FACILITY OF A PUBLIC UTILITY OR PUBLIC AGENCY in the uninorporatsd we of the County. The oeparwstwSl atee tee Its resisting= . o smearing thatw apphanon=rSY negligent"at mil piste initiating my oracle aolion as Sad US,drenit son eat a=geed Application Is ednpMe,the itt or the Department of Manning Services pall: 1. Sea flaming Cubanlssfon Nervy "• v T (••)• " - ... f .. wtmMateylee)eeye.• 2. for legal nice pf .saki=gm to b.$tdeMaa Ones M the nostapePdy dedgnsted by the Mare of Carney Comnieelonaitfor pWeceden of notices.At the demotion of the Seed of County CammNapnws,a setae note rosy be published M a newspaper which It published N SN Sea M witch ew Major facility Is proposed FalMe to peMen the second notice Mill not we=aN+l.Anto nl defect M the hestirg gooses.Thedate • of publication shed bee set ten(le)days prior to the hewing. J through' No charge 5. Resew application tbtha=gng spenche,wham dole edapphcabl.M the Department of Planing Sene a for tear islw and comet The agencies named Mg respond -wthi teenty-flit(21)twwMen►(QH days tar the meting of the ap liralion M• ar COUNTY.The eibrre of any agency to respond within twentyeiplrt(2e)twwry a ft) dry.may be deemed to boa favorable response to the proposal. Such merges may request and be granted additional time for review of such proposals upon appear by the Director of Planning Safe= The revise and wraisds solicited by the COUNTY me intended to provide,the COUNTY with information on the proppsaL The*em= Commission may consider at such reviews..and comments.and may solicit adde=W information l etch internee,iadewNd rfeasNy.The reviews and ccemets uWmed eye referral agency arerecommendations to=COUNTY the authority and repwdbiey for melting the decision to approve or deny the proposal rests with the officials of the Pisegampo totaling=of section cD(Arrv. Teas MAMA Dugs of Planing CoarnMedu • A through No ohmic. 0. See ChM=2n for uepdabne toad ug Areas and AMOON=Si gate atws.l • Sec.2L3-0Tg.F begeigMppile Lion reitgemens. 6_Mi___.. ppeeatIon Requirements.Madeguatenumbu of copies of the application fors Sprier Review Permit shall be submitted by the epplice itto the DalememoPenning Services.M application fora Special Flogs Permit shall contain the foaming information in sudi form as prescribed by the Department of Pimping Services. A through D.14.g-No charge. h M mdevt listing the names and Wines of mineral owners and lessen of mina*owes on or Lager the parch dime being mnideFedi The tw that be prpaed from the real palmy records se e-geogekelegrd Nnardr4,a pwepn gaslleprm the tag and tee becurrent as of pale AO Mane:thin el=(aOI..Sys Prior to the date the eppkaa.n is submitted to the Canonnent of Penning Signet No change to the reminder of section.. - .. ea IMAM DnrvMg rsPdrann far aMla tie plea uape. A YsaphC.l.M dega 2 Be egg in NMca4asbg ink on style or other drifting media approved by the Dmdor M Plewg StrvnN... . 3... ...of Re Waft Wearily tswettablei tyl'•Mrelationship el minimum)which disparate location of the aproved rots u1nee Canty and p swoon p to erns,major water Mess rd maiwoarfpatNlmfie as -.. No dunp for cinder of section. . . ., Sa2}4JOa SMadsls. Thm Planning dommission may approve an implication for site selection and conrMabn or epenaion of a MAJOR FACILITY OF A PUBIC tITN,ITY o q if altasecpls rappenetsof We DMaion we met,and the applicant les ewer that to application is conglent'sign V.Mem=sandals:.- N.ne f M Applicant to sub=elpred copy of tie notice of Inquiry foien dwnwrbei g that the NA nrseipYlty roes not Melt a annex If required by the Milt Al Sta idni of Div S. Flood Haard'BnM,DePNJ Pn9Mpnnd Petal-Oawte words"Ovaney DOW fhroughott SK 21,2.4* Wee of Department of Planing Service. . . _ A-No change B. The Department M Planing Services may toward copies of the complete application to any prep or agency whose review and comment is deenasppapuM byte Depeba.tl ofPMn'sgSwwow.The • Gee= agency bae=thappliean amf.red hha ewewte appi. ' ,t datirm iec me ence of imppintmfwith s.mprda ofthegrop Or Meng no fsyma agree or agency to respond within NnnyNgM(s eleggi-pt)dal of MI bet deemed to be O Mixable=pone lo the DpMMiet a Rawl%Swims.TIretwMwe agnomen*solicited by the COUNTY are intended10 provide the Dperbret ofPlanning Sego=with'abounded related to the proposed FLOOD HAZARD DeMop ea Penne. The COUNTY may consider all such reviews and comments end may odic additional information if ad'infonlalen ts deemed neawany. The ewemad= eda Subedited by a referral agency are recommendations to the Department of Planing Swigs.The rising and responsibility for malting the decision to approve,approve subject to conditions or deny the FLOOD HAZARD Dwwtopme t Pert swee ion reelsseas .Ir.. ' Awe= C. a.P(Ptawn Services that ndwreiepppMdfMrtes_W iaimig5Msy#Meaallarl* IaISFLOOD HAZARD Development . POO No change le rentuder of eaten. Bs.234-4101.OOD HAZARD Derailment Parelt appliances Mbtnyyd for review all include the following Mdallda. Applications containing less Ban the specified requirements arm notbe accepted for review unless the apnoea Des submitted to end had approved.to the Depa tment Of Paring Services written lemon as to why a particular requirement does not prim to the proposed dstebprwt.. Ataosgn C.2-No Marts . .4 r ' %topography may at to song a M Iraalrq:a map(plot pie)seen to OM appropriate scale a 7 o 20%1'•It location damn a semi ncos end spot elevations for site new eel exam!ad proposed atrdO see. $tivougn l0-No darns. • D trough E-No change. acmtecbal afW.which city depicts the F. M elevation drawing delineated nth the apeman* elevation of the LOWEST FLOOR of tames n nation tote REGULATORY FLOOD DATUM. No change to remainder of section. As seedbns d Div.7. Ge W7glc Hemd-G.4.aand Development Penne-Delete wads'fir Dir^er Throughout. Sec.22.2470 Dulles of Department of Planning Seivaee- B-No drpa. rtment of Penning Services shall Malay In Wang P. d the Colorado Geological Survey the B. proposed development end may also forward copies ate complete epWkalat to ale otter grop or agency Wale wade comma deemed appropriate by the Dpadmaa o Planing Service.The -group or Wslay townie to application is referred shall review the application to doe news coMla ce of the application west and slraadenf tegrapa agency The Mae of group or agency to respond within berry-art(211-immerses(1)days shall be deemed to bee favorable response to the Department of Planing Services.The reviews and comments solicited by the COUNTY w intended to provide the Deportment of Pieta..BeMeee with infOrrricet related to the proposed-GEOLOGIC • HAZARD Permit.The COUNTY merconsider all such raviewS and comments and may acct Malone information if such information Is deemed necessary.The man and commas weeded by a real agency are recommendations to the Department a Planning Service. The authority and reap:ability . .ter making the decision to approve approve spat to caaitioe a dente GEOLOGIC HAZARD DEVELOPMENT Permit applicationreds with the Department of Paden Services. C. M. i'The Department of Penning Salon sal •rndythe antertwitsfa y4 ve(ab)daye,inwmne,rime action ltanant a GEOLOGIC.HAZARD • DEVELOPMENT Permit. .. • Rennarndar d'Sion-Nodwge. .. . - • • Sea 234600.APWaatbrnegaeamsY. utbrrlitedfoemviewatdliraprdltltefoaowwNidontalidn. AEOLaGICHoniDDEes the the s dell not be accepted for review unless the appall hes Applicationscontaininganden thin men of Planents Services written justification as to why a particular -submitted and had approved a the DpmDEV Planning requirement does not pertain to to proposed DEVELOPMENT. W attention given to is specific A. A owaed GEOLOGIC HAZARDS. .-lbe ma d tie eves WOO eater ragdaWGEOIAOrfldZAe. pamayMW Ws. eateda.leakerstgnoone map ar ad be . aaannneditinappaedb itflitParneKof PlaeangSarvbs.Thepre sod ateeate attic aaa be • eats one12a)ueisay feet-shall Mmes..The aces In mto pawed a a scale of one(1)inch equals (5 hulled ItW)fest ale dreg include to parcel squestionless*"y ce features wild Ore hundred(500)feet dthe peal award. The naada map may be reduced or enlarged upon approval ours Depinnet of PW rte Serviva. Such map shall eleo Inaaa: l tlroyp.B.DuNo dnarge.�ty • harps CeiUca a . No charge to reminder of sedan... S ec.23-2440. Went tern PUD SkadtPan.a Caws Division establishes the review and application procedete alp requirements of Zone to a PUD District end a PUD Ple4 subject to the provisions of Section 23-1-60 C. Al proposed arnammeda and minor modOaaione to en approve,PUD Plan shell be subject to tat procedures sated in On Sedan. Wert applicable.the supplemental procedures ofthis Section shall also apply.AlipplicaBensfor a PUD Distal Mee comely with the provisions of Article III,Dlviaron 5 of this ChepapThe PUD District Mall be subject to the reWaansb contained in Articles N and V of this Chapter.(Refer to Table 27.1 for PUD lime parameters.) S ec.23-2470.Sloth Plat AppgeNe e • ha T following earrpleted infametion,dets and,Map" required: Al through A1ecanes. eneral mmdescri the Pll04 saws of water and type of system.. B. A general statement'desamng the AUDI type of sewer system. 7. numeral etremstdspibingtePUDIvehfcuar drWaan system of local,oaaedoand aerial sweets. The general statement Monts Inmate: width of road dgisaf'aM,wieth of rood surface,width of borrow dies,type of sufets,data peeking area loading zones,major points of access to public rights-of-way,and notation of proposed om chip o the circulation system,public or private: (Design standards for pas a MIS In Chapter 24 of this Code.County road classifications re listed In Chapter 22 ofaleCode). • 6 floodlit,-No dent.. -dos OSCAPEINO plan for the PUD w. 17. A general description )AN - No merge to remainder of section. . See.23-24110.The Requirements. Information,data and maps are rented fp a PUD change of zone district. A trough A.7-No dterge. B of the water and system e dastatertwdBanterepeeadaYwdlha • . provider of the water System veal demonstrates that the water apply quay and quantity is amriert a watt requirements of the uses within the PUD District. A PUD District with residential USES slug be served by a PUBLIC WATER system. if propatne a cluster BUD,see Seefloa 27.10.10. 9 floodlit•No change.` uder consideration for•POD • 15. A sign shall be posted for the applicant on the properly Rezoning.The sign shall be posted ascent to and visible torn a publicly maintained road right-of-way. In the event the property under assn s000 is rldaMaoarri to a publicly maintained road right-of-way.one(1)sign shall be posted in to most prominent pace on the property and a emend sir po ted at the point at whidh Be driveway(ace a drive) intersects a publicly contained road right-of-way.The sign shall be posted ate • (15)tlOFdsys prior to to hearing as evidenced with a pl.otogreplt The sign**-SS inside to following iltarnaiion: . a taoWif-No Songs. g,r, NuMer01 Lott . 16-No change. 17. a we on listing the tomes lard nd addressee ngconsidered. �owes shall be a �edfrom the onleraosty under the pare Of • real property Steeds et as t '• ' y• )days p�dale the e de the amend ais daadeMeenmatennnidle(30)days Roe, npptice0on b submitted to the Department of Plarrag sweet - • 1S-NO Marge a 6trargn 1150-Se clump. _... _ - U.--- et Miami,Oillase Calllidelt S though 9-Noclangs C-No thongs. Twofer(PET),If'puked ' D. Panda Pednaraesi . Bet 234-700. Duties a Deportment a The rent cif Planning bersponeiabfor processing al applcationsfor a Clime af Zone to PUD District The Dmarener psa have the responsibility to metre that MI appicetian procedures end requirements are met prbrbaw official action.•The duties der Department shell be: A ' PIA Rezoning eppication. Upon wrap Vet w Change of Zone to a PUD District application •meets the submittal requirement of Section 23-24390-above,w'De9ara^erd of Pinning Services Wall irwtibis the Cherie dZorwpocedures in Section 23-2-20 above,Maths exception desgn pinata • Wash Ytnpeen MO)dpa prier to heating No dame to remryner&section. gee.fl2-7x0.'PUP Pan lPMaYfe' Ntion for ysaNtlwP1APWiabEaYdwMnan existing PUD MeldAapplicant jay ROM m are ncamp's', An alp.#PWPlannWambipna Me part dPtIO e prvidedI the PUD uses Wall be lsrttcal to those located and described on the PIA Distil Piat T a fdloetig completed b formant%dete aid maps ere flathead unarm waved by the Demand of.Psarsng Services' - pthrough S-No dirge. cemrard YesesaafNwalwrwrachruwer T. MYSr el of ln9wiwiaserdaed. The fistif hell prepared Dam w rd popery recede done wprWdbndlfeeg bya�son qualified NMttre4Y4andaabeardrzesofa date no more sun Nily(30)drys Marto the dale the applicatOn is submitted to the Department of Plating Srign shall h posted on the m for the property under tonsidarelPUD Plan.The sign shall be pored U. gywwp Dtpite of Plamom&rwWs.Mich shall Certify diet the sign ha been toWdbt et least Sheen(IS)�wMiltdays preceding haringdate andeM'erweaWM.plwlogrph.-7Msi.- tall a , I r _g ' Tes man slue tdUclew following: l through la chenille Wlhbi 30 den al application i Certificate Crnvel'sirte See.2114410.-Mum .. 0NraghC No LANDSCAPE consisting d an ovrsa map wall detail Maw areas of Seel eta D. sA cleof1'.Epor?.WJN and PW Plan etsaaeof one(1)aith equate scale of 1'.20(I or 1'wdO'MsM Mr YNribed(200)feet,®n9osed of one(1)or more• one tsiwith (t0 o)feet or one n Inch equals ides sprig the following elate with en outer dimension of avarlY{oia(24)by thirty-six( ) -. f. 1 tlooumn 1 t Menge1. Plant dMethod trampled.dtPcPr's m be sized according to w foaming d botenical mines,sizes,quentibes • and metlod d trampled. Tibia 232, TabN.2d2 - _ Plant Materiel Sizes ' Strdard deciduous bees • 4%'tuff x%"Miser Small orwialtat 6 1%'te 71C2etper '. . . • fowerag Imes - Evergreen Veer a Mead'in height, Slrubs.. Arlegale sloe b be <pod ted.with design • intact,Saga can . nbaaapt_ g-Nodraer E Nrdyh E.9-NO dirge SCREENING.buffering and LANDSCAPING. 10. Location avid description proposed No clangs b remainder dsection. -Sec.n-sye9. Davies W.guard d Colony Cosalesbrtere. d»Board of County Commissioners shalt atr receipt d eBeadofC ntyCom'trecemrrmdabih to McMerweanfoM-Me(45)days.mene A Sete Fiord of CaimYCWvnisalow I— hewing erg_.... ( PUD Phan tsaenrainowNwv,for canalisation of prapesM D Neagh C-Noiv Gnome' PUD Plan and w pa hearing done to those persons Maud n w D. Dips atone o the send and ppfWionrallbbe mandd,apelawmrwraeteteusten(114p4i)under consideration.the scheduled Such notification hearing.n ucnnotie is nder,net beeern MetleaiIIdprvidedasa caa days rtasy to w ere . eblloca leSuchmineral tatenor undty anpetoetiprdbpradoW end lessees cattle mineral estate on avedsrw parch. Inadvertent errors foyer applicant in supplying such list or the Board of Cash CWwiselowe in slang each notice shall not mate a piWkaont tiered in the hearing precept wren if such ems results n the failure of a surrounding property miner to venue tchnotNcalan - E. Give notice of the proposed PUD.Pan and the public hearing date to thole persons listed in the application as owners and leases dthe anent male ons under w parcel under consideration.Such notification shall be nailed,hat der,tintless than fourteen(U)4se(10)days before the aehedNd public tearing. Such notice is not required by stab nNb and is Provided as a courtesy to the owners and lessees of the mineral estate on or wider the parcel.Yndvertem errors by tine applicant in suppyirm midi list or the Boned County CawYpwraa in sending math notice shall not ante a Nnadidima 'Meet rim hewing prosiest con if such an resits In here of a surrounding property owner to receive cede ndMcaaan. No change to remainder at aetesn. - . . .._• a AMNle. - Zane Mains • Se&73J40.Masse* 0. The nBUILDINGS,STRUCTURES ad USES stall be allowed n to A(Agricultural)Zone they aredearly incidental and ACCESSORY to the USES allowed by right In the A(Agreeing Zone Disbict. Such BUILDINGS.STRUCTURES Ng USES must be designed,constructed and*oersted in confonrunce with to bulk requirements contained in Section 23360 below. ACCESSORY USES within the A(Agricultural)Zone District shill also be subject to the•dtilbnhl requitement*contained in Mid•l N and V of this Chapter. NOW The combined GROSS FLOOR AREA of it ACCESSORY BUILDINGS congerded ter the ong oral effective date of this Caner (August 25.1901)on LOTS in an approved or recorded subdivision pal or LOTS par d a map or plan filed prior to to adoption deny regulations cordage*subdivisions of less then ten(10)acres dull not exceed four percent the total lot ere•,except in Me Mixed Use Development Also(MUD),weidl shell adhere to MUD developmen standards..Haver,-in no case shall wed an accessory building exceed twice the gross floor area of the prat madam on the lot except by valence. My accessory'Innate made natndrmng by application of this Section a be repaired,°enlaced or fedora in aal. A through K.11-No change • for more tarn.one(1)TEMPORARY Accessory STRUCTURE in the A • 12. (Apictts•I zoning o Zone District may basal by the Department of Planing Services upon the dete mirutipn that the criteria of Section 23-3-30 of this Code are met If the applicant not able iewmeetthe the afore HatedrcliwoSeaenw ab a east ci in Swe'onCounty i3 regissioners IOVlew the sppliratianfor apace step give rogalny!nailed meeting°IN lad The Byrd Of County Commissioners notice of the eoplationfor•zoning permit end meeting date to those parsons lid in the application aPenn Of panty lasted melt five hared(500)fast of the parcel u der comideredn' Such natl&aion notice be Mad.fast�Cabrrtdless state then ten DO oefore to as sc l•dOwens Such 4mt required by Inadvertent • rrorste and • b• MpY•plicat to surrounding Ikst or comers(the surf Planning Serves e ms by the apart n supplying such id or de admen in sending siffi notice shall not cramsYlliaptbna defect nee panne Processhen t such error cepa in the tarn as swmadlg properly nano receive the property oificsion.The Department of Planning Service;all Dods sign for the applicant question indicating thst•TEMPORARY AcoMsur STRUCTURE has been requested may or the popery the meeting doe telephone mbar where later information to and obtaned. The sign stall be posted at NW tan(10)days prior to the�mnadernd evidenced with a photograph. The Bard of County Carmbsinen testimony of amide*property oars concerning the actin the TEMPORARY Accessory STRUCTURE on the surrounding properties. In addition,the Board of Canty Commissioners shall consderconpstbi0y arts TEMPORARY Many STRUCTURE willsto surrounding area.hammy with the trader tto EIGHSORHOOD,biat•ds upon It o area and the general haeMl,.sefey a ndtr•lae of the inhabitants of the area sd to COUNTY. - , Sea 234-40. Uses by spend m Teak• be aatpit,operat ed end Ole TlekSowlrlg BUL 1GSATRUCTUREB MOUSES Maycongaed,with the requirements taa"et iMd e A(Ag�hnal)Zan•District anapaest&s and n acrdnr� n Maw II,Diann 4 tit this Over.. A ta?tlpl1.9-NDarge nxbwafArti6K(RI7Svannetetna.ctian 8.10. Mmettrainig and bordi gfa kes Mamie Maximum 23-3.50.0 u exceeded or weenie rat eta*les••le enlnrariS newer Imeludes roles - 'odor,Ightng er dare,axle ear Mak and la aose.nWaa•. No denge to reminder of section. • Sec.23.3.50 Sulk regof ere to The following lists the bulk requiramenb for the A(Agricultural)Zone District. FCrouch E Lsndlcaie tdbrle may be based upon colrpellbllty with existing adjacent lots and land rises. G • AI exlsmngdtleg shed be dated In secrtase wen Section 23-2-1a0.V.6. - Sac 234.1x0. OM requirements. A txplpt No lungs A, • MI enema lighting shall be designed n accordance with Section • I233-160.V.6. Sec.23-3-230. C4(Bull bee Camnaow)Zone Oletrle4 GtyOlighE No change .See.23-3320. 1-2(Industrial)Zone Marla • A through C-No derge D. Uses by Special Review. The following BUILDINGS,STRUCTURES penult aid USES in constructed, occupied or maintained n t o 1-2 Zone District upon the approval of a with the ' requirements and procedures eel forth in std•II,Dineen 4 ara as Chapter. 1. - OIL AND GM rnDvuomnt STORAGE FACILITIES. 2. AIRSTRIPS wren they Ye ACCESSORY to the Use Mbeaa by Right. 3. COMMERCIAL JUNKYARD or salvage YARD. 4. Asphalt and CanrAs Seek Plant& " 5. Cal emigration Fiala& IL Open Plinking and Materials Processing subject to Pro`ANons of Aside N,OHMS. . 4 or the Chapter. TmwnovaloM4 .1461sa 7. Miceoweve,Rad e,TeleveeCommunication or other ! • In height lrneaearedimmn grand level) E trough F-No change. G Performance Nrdrd•Bahlt.,L- M' Sec.234-340. 14(Industrial)Zone District. D Uses by Special Review. The following BUlbNGS,STRUCTURES and USES may be conjoined. occupied a maintained n the 14 Zone District t in MICR It upon the a�ro approval Chapter. e in accordance with the requirement trough 3-No arise. 4, OIL AND STORAGE FACILITIES. 5. Asphalted Condit,Wall Nas. • Open in11katgerl FkMUes- to on of Article N.Division 7. Open Pit MinIngstd Materisb Processing subjectprovisions of the Chapter. -S - 4Mam Mama,Redo,T•Ievlsian0f0te sicili•n Teeasersrfody4M(45)feet M height(Ma a•d from ground IevaF Gtrwpl F no Macias. See.aaaro. Orlin eMadade. A group,] No cage K AS eateral MSS;shell be designed in eccadaece wetly Secte0 W1Mv.S. Sec.234440. Suet repilmett. A through E;No change. F. Fences leas master six(6)feet in height ae,not required to comply with the minimum OFFSET and met be located on the property line. G through L No Mingo. M. M can ligh11nE sha l be dsslpnpM accordance wetly Sptan 21.241p;V.S. • ANele N • . SpplemenWY DhMct NePdaBans Sec.23-4-130. Permit requirements. ' No MOBILE H{MIEMIANUFACTURED STRUCTURE may be located or relocated Inthe County after Auigiet 25,1901, except in a6cdtdwI' with this Division,indWMg the issuance of any zoning permit Which may be required by his Section.Each MOBILE HOMEMMANUFACTURED STRUCTURE located or relostedin the County Otter saidale must have a BUILDING permitter a MOBILE HOMEMANUFACTURED STRUCTURE issued pursuant to Chapter29 of this Code. An application for any zoning permit far a MOBILE HOME/MANUFACTURED STRUCTURE required by this Division shall include the following: • A though E-No change:-- F. A sketch plan of the site at the scale of one(1)inch represents filly(50)feet or other suitable scale to show d t.. The proposedloWen at Os MOBILE HOME/MANUFACTURED STRUCTURE,including distances front to pfopeft tOT(matt and oeerSTRUCTURES on the properly. 2. Access to the MOBILE HOMEMANUFACTURED STRUCTURE indicating whether the access is esistlng or proposed. 3 thrO gh 6-No dirge G. Methods of disposal of sawege or diner MIRaOsh Com7Afrwe when M(`eeuirements of the Colorado Department of Health and the County.Department of Public HSMk and Environment, except for ppticitions for TEMPORARY"storage of a MOBILE HOMEMMANUFACTURED STRUCTURE under 3ethon2Ss-060 oblow. _ . ... H. Methods of supplying water mpt rot implic to ations for quantityfor TEMPORARY storage. o..a. MOBILE HOME/MANUFACTURED STRUCTURE under Section 23+160 below. . 1-No change. . J. The requirements of this Division 3, MOBILE HOMEMMANUFACTURED STRUCTURE,squaw the applicant to provide a certified list of the navies,addresses end the Corresponding estate).P dsrlakallon Number assigned by the County Assessor of the awry Of property She surface hundred(500)feet of the property lined of to-pscel lo*bete the mobile home MS be peal The source of such list shell be the records of the County Assessor,or an ownership update front s tide or abetted company or attorney,derived from such Meade or from te-recorde a to County Gook end Recorder. If the list was assembled from the records of the County Assessor,the applicant shall Certify • that such list was assembled within thirty.(30)days of the application submission date. K Notification responses of at least thirty percent(SOB)of sa1Oundinpprperty owners within five hacked (500)feet of the subject properly in opposition to the location of the MOBILE HOMEMMANUFACTUED STRUCTURE. L-Nocherge. M. Each request fora TEMPORARY Permit NM Include a Mseament by the applicant acknowledging that the TEMPORARY permIt shall seam to exist at any such time as the MOBILE ROME/MANUFACTURED STRUCTURE a natter other thin to parcelled UBB,or expire asps end of the Initial or extended Mtn of the permit far TEMPORARY storage of the MOBILE NOME Such application Mal Include detailed pterfor remover ofMeMOME HOMEMANUFACTUED STRUCTURE upon expiration filet TEMPORARY permit. Sea 23-4•140. Mobile hoar pe m tt d M She A Zone Dehlet. MOBILE HOMEAIAINFACTIRED STRUCTURE are allowed in the A(AokdMal)Zone District for the faapsins USES Meld eld Steam Sections 23-4-100423-4•1/0,23+170,234•'160,231.160,23-4400.and 23+220,upon the issuance of the appropriate zoning or BUILDING permits according to the following requirements: NI temporally permitted MOBILE HOIAQIMANUFACTURED STRUCTURE Nell be blocked are tied pursuant to the requirements of Chapter 28 of this Code.Upon determination of the Department of Plating Santee,the Zoning Permit shell not be transferable by the applicant andar owner to-any successor,the Zoning Permit tall terminate automatically upon conveyance or lea.e of the properly.The MOBILE HOMEALIMUFACTU ED STRUCTURE shall be removed from the property or a new Zoning Permit Nil be applied for and approved Sec.231.16IL Tampons)use during construction of residence. A through E No Mange.. F. Extensions of six-month Incrementsbeyondthe aboveeighteenmonth period may be granted only by the - Board dfCounty Commissioners,The Board of County Cammisaloners shalt hear the application for an extension at e regularly scheduled meeting of the Board.The lord of County Commissioners shell give notice of the application for a zoning permit and the meeting dale to those portions Hated in the application • as owfers of properly located within Eve hundred(500)feet of parcel under consideration. Such - notification shall be mailed,first class,not less than tan(10)days before the scheduled neelig. Seth nodes is not required by state statute and is provided as a courtesy to'wounding property owners(the surface estate). Inadvertent errors by the applicant in-supplying such lister ea Department of Planning Service,in sending such notice shall not create a jurisdictional defect lit the permit process,even if such ens results in the failure of a au-rounding property owner to receive such rotifWian. The Department of Planet g Services shell post a span for the pplieant on the property o question indicating that a MOBILE HOME has been requested for the properly,Me meeting date end a telephone number where hither information may be obtained.The sign shall be posted at least ten(10)days prior to the meeting • date and evidenced with a Photograph. In its review of an application,the Board of County Commissioners Nall consider the good faith efforts of the applicant to pursue construction diligently and any unforeseeable or uavddsblecrwenRCOa which may have delayed completion of construction, requiting the eaeeeion. M Sib"Yes Boyd of Carry Commissioners shall consider compatibly of the MOBILE HOME with the surrounding area,her ony with the otweder of the NEIGHBORHOOD,its effects upon the immediate wee and the grnral health,safety and welters of the inhabitants of thearea and the COUNTY. No change to remainder of sedan. Sec 23Liee,Temporary swap- f r-1Atlrotgh F-No chimp. / �/ G. The Board of Courtly Commissioners shall her the application for renewal d a zoning permit for TEMPORARY flags of a MOBILE HOME,semi-trailers as defined in Section 42-1-102(70),C.R.S..and Cargo containers used as TEMPORARY accessory STRUCTURES,at a regularly scheduled meeting of the Board. The Board of County Commissioners khall 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)fed of the parcel under consideration. Such notification shall be mailed,first doss,not less than ten(10)-days before the scheduled meeting. Such notice is not required by state stabs 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 aryrisdictional defect in the permit process,even if such error results in the failure of a surrounding property owner to receive such notification The Department or Planning Services shall post a sipn 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 poor to the meeting date and evidenced with a photograph.The • Board of County Commissioners shall consider any testimony of surrounding property mrarscoroerni^9 the effects of the MOBILE HOME on surrounding property. The Board of County Commissioners shall also consider whether the application has drnonebeted mmpliente with the-requirements of Subsections A through D above,as well compatibility of the MOBILE HOME with the surrounding area,harmony with the character of the NEIGHBORHOOD,its effects upon theimmediete area and the general health, safety and welfare of the inhabitant ofthe area and-the COUNTY. Sec.S3-4-11O.Tensely accessory farm use. A trough B-Noehege. • C. A zoning permit for more than one(1)MOBILE HOME in the A(Agretatural)Zone District as an ACCESSORY am USE may be issued y the Department of Planning Services upon a determination that the criteria of Paragraphs A.1 through AS above end Section 24-3-230 B below are met. If the applicant is not able to meet the alone stated In Section 24-3-230 B below,the zoning permit may be issued only • upon approval by the Board of County Commissioners_The Board of County Commissioners shall review the application for compliance vAth the criteria let Out in Paragraphs Al through A.B above a e regularly scheduled meeting of the Board.The Board of County Commisyicnars shall give notice of the application brazening permit end the meeting date to those persons listed in the application as owners of property located within five hundred(500)feet of the parcel Linder consideration.Such notification shall be mailed, first lass,not less than ten(10)days before the scheduled meeting.Such notice is not required by state statute and is provided s-a courtesy to surrounding property tseihers(t(the surface estate). Inadvertent errors by the applicant in supplying such list or the Department of Planning.Services in sending such - notice shall not oreete a}aledictonaldefect in the permit process,then if such error results in the failure of a surrounding property owner to receive such notification.The DepaMent of Planning Services shall post a sign for the applicant an the'properly in question indicating that a MOBILE HOME has been requested for the property,the meeting date and telephone number were further Information may be obtained.The sign Wall be posted al least ten(10)days prior to the meeting date and evidenced with aphotograph.The Board o County Commissioners shall considersnyleWnaay dMrwndirgprepwy ownrs coriceming tee effects of the MOBILE HOME entire surragMing properties.In addition,the Board shalt consider compatibility of the MOBILE HOME with the sunt.rd g area,harmony with the character of the NEIGHBORHOOD,is effects upon the immediate woe,andthe generalhsaM,-eafety and welfare of the inhabitants of the area and the COUNTY. lo dare to remainder of'section. Sec.22-4/N. TempotM accessory ins during medical hardship.' • . A-No danpe. - B. A MOBILE HOME zoning permit for TEMPORARY ACCESSORY USE during a medical hardship in the A that the lurel l Zone District may be isawg A.3 above and Se Planning Services upon a demet. diom the Criteriai of Paragraphs A.1 crane A.3 above end Section 24-3-230 B below e we met. If the applicant is not able to meet the aBeria stated in Section 24-3-230 B.below,the Board of County tCommissioners shell review the a hedule n'for compliance with the criteria set out in Paragraphs A.1 through A3 above de regularly sdaa zoning of the Board.The ve of County Commissioners inere ahllc venalice of theof properly for a zoning prmitrde(mewing date to those persons listed al the application asownrs demperly located lass,nfwe hundred n(10)eets eparcel under consideration. Such notification shall be mailed,first class,not less then ten(10)days before the scheduled meeting. Such notice is not required by slats statute and is provided as a courtesy to surroundinglistdi properly owners (the surface estate). M ding such t emirs by the o create in supplying etch list or the Department of Planning Services in sending such notice sail not create a jurisdictional owner oni defect in the permit process. even if such error results in the failure of e surrounding propertywm to receive such notification The Departmental Planning Srviceehetpost e sign for the applicant on the property in estion indicating that MOBILE HOME has been obtained. ter the property,the meeting data and telephone number me• sons her otinformation may be obtained. The sign shall be posted at least ten(10)days prior to the- meetagdate end evidenced with a photograph. The Board of County Commissioners shell consider any testimony of surrounding ties.kiadproperty owners concerning the effects of the MOBILE HOME on the surrounding properties.eeddition,the Board Wall consider compatibility d the MOBILE HOME with the area,e▪ nd rea,harmony Cu the endcharacterwelfare of the NEIGHBORHOOD,its effects upon the immediate area,and the general heeDn,safety end w of the inhabitants of the area and the COUNTY. lateen.,to remainder of swan. Sea.Z14-1 9e.Temporary aaessory use as elSe. A A zoning permit for the USE of one(1)MCBIL I lOhI-s_MANUFACTURED STRUCTURE in the A (Agiiamael)Zone District as an OFFICE USE accessory to the USE allowed by right may be permitted 1.• adder TheMC by e the Dlt-MAt of NUFACTURED STing RUCTURE is necessary for the effective and • economic operation of the principal USE. 2. The- eatE t b it v MANUFACTURED STRUCTURE will not be used for residential purposes. 3 through 4-No change, 5. 6The applicant must obtain a BUILDING permit for the MBBILE-HBMEr MANUFACTURED STRUCTURE and complywth all installWon standards of Chapter 29 of this Code. B-No change. MANUFACTURED STRUCTURE as en C. A zoning permit for more than one(1)MCDII i1BMEes accessory OFFICE unit in the ultiaal)crone District may be issued y the b and d 2 mg Services upon a determination that the criteria of Paragraphs A.1 through A5 above and Section 23+ 230.8 below are met. If the applicant is not able to meet the criteria stated in Paragraphs A.1 through A.5 above,the e zoning permit may be issued only upon the approval by the Board of County Commissioners The Board shall regularly scheduled application Me for compliance with the ethane sot out in Paragraphs Al through A.5 above et a rpulary scheznin Meeting dose Boad. g datetrd of County Commissioners shell give ndicad the application for a zoning permit hundre (500)feet b the persona listed rnteap9ulion as owners of property located within five hundred(¢W) of the parcel under conuaeretng Such notification shall be mailed,first class,not less than ten w(10)days before the eduledrreebrp. Such notice is not required by state statute and is provided as a aWtesyto surrounding properly re(th e • surface estate). by Inadvertent errorstile pplicrdin supplying such list the De or the Department of Planning Services in sending such notice shall not create r$aisdidrenal defect in the permit process,even it such error results in the failure of a a sign popery owner tothe receive scat notification. The Department of Planning Services shall post a sign for the applicant on t property in question indicating that a and teE1105 MANUFACTURED STRUCTURE has been requested for the property,the meeting teadate and aleplpMninoer`hheet further information maybe'obtained.The era shall be posted at least ten (10) days prior to the meeting de date and evidenced wet a photograph. The Board County Conanrnio era shell consider any testimony detrrorxidhnp property ens concerning the effects of the USBSielaRISSIANUFACT REDSTRUCTMRE on n.%rmnsp properties. In nations the Bore St corderconpWMlNI"ae laaelOMEnANUFACTU1Ben71BICTURriththasurrondrq aret henna with the character of or NEIGHBORHOOD.its peas upon the immediate wee,and to goner mar,set*and weefe age inhabiter are air and en COUNTY. D. All-MBS%frNBAtr MANUFACTURED STRUCTURES as ACCESSORY OFFICE USE are TEMPORARY.The uo*emehe MANUFACTURED STRUCTURE shall be removed from the property upon the cessation of the USE of the MBBk6IlBME MANUFACTURED STRUCTURE as an ACCESSORY OFFICE USE. Bea 27+190. PvtiidpR eeeetig w* A zoning permit for the use.as MOBILE HOME as a principal DWELLING UNIT in the(Agricultural)Zone District may be issued by the Department of Planning Services if the application meat!the aiterm stated in Praprptn A.1 through As bellow and Section 23+236 B of this Division. A. The Board of County Commissioners shall beer the applketian at a mutiny scheduled meeting of the Board,BIM application does not meat the criteria stated in Praarapho 1 bloat s below ad Satin 23-4-230 B of this Division. The Boat of County Commissioners ghee give notice of Ow application for a zoning permit and the meeting date to those persons listed in the application es owners a property located within five hundred(500)sal of the pro*under consideration Such notification shall be nrilea, • first der not less eenbn(10)days Writhe scedued meeting.S.C.notice is not mound by stele oleos and le protected near-ten to surrounding property wnrs(ee aria e*ab)..inedvelea errors by the reliant In earth such list or the Dapatwi of"MOD Sew"in"SR wa notice shad not create a Jtriadidia W defect in the peril prows,everte such error results-in Or eitire ofd pnwding property owner to receive such ratil atlon.The Dear u.Ma Pamig Services shed . Post a sign for the app rat pn the properly in question iodating that a MOBILE HOME has been roweled for the progeny.the meeting date andtsteppne miter Mee Neer rramatian may be sbtalln4 Ttaalvi shall roostedatlea t t n(10)days raw to the naatitigdate and Mayer WIN proograr. rerclottatrity CommaskinersNaltmaierernhandyoaaraadingrorth owners carmine Its err of the MOBILE HOME ari surrounding property. The Board al Cooly Commieeiorrs,Stolso consider the following focus M revisers applications for a permit far a • MOBILE HOME..aprincipal DWELLING UNIT: No dip w rreyar p aadiofl, Sat 23{220. Maar Mesa in C or I Z og DSent A through B•No awga. . • C. Atoning peril for moralism one(11MOBILE HOMEineeC or IZone District ranACCESSORY USE to the principal USE may be rued by On Department of PlaWeep Services Won a debmmaam that the criteria alPararpleA1 rough As above and Section 234-230 Bans Division on met. free applicant not able to mast the' ode.stra.in Section 23-4-230 B,me zparg permit may be issued upon the approval by Board of Carty Commissioners.The Board sir review the sop:anon to compliance with the criteria sat out in Parsers**Al tvagh AA Wove sl a megUlaly*chorea meeting a the Board. The Bard of Canty Commissioners shell gat notice of the application for a zoning permit rd the mating as to ease persons fisted is.eat appeaa-err r Oysters of properly located within five nrdred(500)feet o the parcel under considerion.SCrmllfcenon shell be mated, - fireless,oars than tan(10)days before Me scheduled meninx Such mice is not requited by wale store and is provided era cowry to mounding properly arm(Be lane a tats). radvrbnl errors by OMpWkant in applying ach list or the Department of Pamir Services in sending such notice abet not create ajrpdi Tonal defect in the permit process,even Wad, r results in the earn as surrounding proper thwart.mare soli notification.The Department of Planning SrvkesshN port a ago for the applicant on era properly in carbon indicating net.MOBILE HOME has been • tenurial or pre progeny,the meeting Ale pp pMa nurser Mere fin.,Information may be _obtained.Thos sign shad be posted at (10 W e)days priors the masg date and evidenced or splreprplr.Te&um ow=Jar am,waitropny of ern s.*g Progeny waters concerning the posers afpr of the MOS LE HOME on surrounding ropetia in"Don,ee Bore Nat consider prrpeibilM of the MOBILE HOME.wtM•the surrounding ass,harmony with the dwarf of the NEIGHBORHOOD,its etfects iconthe immediate area wd the anon hear wry edwelfre tithe irritants claw area and the COMM'. No dirge to rrleindr al unction. • Sec 17+210. DelagallondsemNy. • The Board of Carry Convnniaws aWOaee the authority to issue a zoning permit for a MOBILE HOME which reran requires the appeal of the Board of Covey Commissioners issioers Blow a punk hearing process la the Dauer of Fla ing Srvior upon a daternrielimfy the OeprMent Set A-No change, • -. ' 'W- . The Deportment of Planning Services has sent notice and received signed notification of et neaten percent(30%)of astounding property owners within five hundred(500)feet of the surd property in opposition to the location Nose MOBILE HOME.TriPegieqebell)date thug Ste Burrows).property owners who have signed the notification have objections to the issuance of a zoning Penn for the MOBILE HOME.My notice munition wilh)MmpNOM(M)Mw erensa Sr shall be deemed a positive response of said renter C. B the Department of Plrrllng Services NM sent notice and received signed notification of at Ina thirty percent(30%)of surrounding property caws wierm fat hundred(500)feet of the surd property in opposition to thercatico of th MOBILE HOME..The petition Nall Motets Maths surrounding property comers Me Ave signed the notification hem ajeco n.to the runes of.zoning peirt for the MOBILE HOME.My notice not refried withirbsr tyalwftla$rientpauritardsys shall bedsened • positive response a said reran • Sa 11+YA operar de•, . ' Any operator rear such pi ma shell filennprkatn M such•form as prescribed by the Penning Commission. The application shall contain ant following k/orrnnan. - A through G.12-No digs • 17. The application shade eerroer following been: - a.. Mar Coneumplion: 1) An anelyale air nun awlerwreh on requIsedlo • be replaced for end.rn roes of the a aid Mining ad bred out 2) The artyer error mats the amount of water source In the nothing and aaceeas0 of the mars Nrhade S mw epvr«.lert 3) The analysis should address the ewe of wove command far dolmen purposes by an as Wet 4) The analysts should serer the leer of. .pwalre Neese eaaeeed free exposed Oonaresr raiding e rraeelon of the taaalMy alining. • b. Wets(Replacement Source: 1)- Adaecrlpllon ars weirs and wall war rights and their anticipant Were when carambd to be used r • repetlrnes for Sr war cenermed M the mining a isretimt 2) - pro aetionn set Sr mining of replacements to the river • Weir Iran these soiree 11 t Adam par tat is too to marrr.rwn ss ono wan irt esat Injury to y an for ds le wa the Whey a Sr Vend deaden as a result of rlentlo s.g tbe gee n ran aaar cad by the mminingop operation or a to sold Impacts __ See.flaaL ypraywaWillw. C /� deemed necessity by Boa Ca CoCommissbWersxfor prop neseta eheallt.safely be Mira Wv.Se i the Mrbl tithe Canty. A-No chess B. Pam for obtaining Scot swplwres replica we*consumed by mining and processing of the mMMW lardoMPO MIN centralt ensued for dernesge Porpoises by amployaas and.eenemrrM by Rat aapesad No change to remainder ofiep on Bee.23♦-coal.Opa-Bat.PeStlaa The policies outlined Sow represent a ntnimun model for operations atandirde for the proposed USE. Strider slentercis may be imposed by the Bond of County Commissioners Owing the saw gropes to aruus the protection of the heat,aafety"a d welfare of tie Sibilants of the Cairn, A Saagh J-No Menge.. K .a"g•. ..des - • - Pilate recciatio IS Pat or at a time dutansted M rtes ans..rr edv ComNglenat,a copy Ma moll penrMeWpoRM by•plan of.xdwge or substitute apply approved by the State Engineer or a decreed plan for augmentation approved by the District Cart for Waer Division No.1'Mich prevents injury to vested and conditional water rights shah be submitted to the Depabne t of Planning Semites. See.23.4470. Outdoor shooting rages. • A A Special Review Permit to operate an outdoor shooting range,if approved shall mgbe conditioned on e requirement that ay ten(10)yews P.any tithe design tit.range shall be reviewed and safety • design changed taking into mast the history of the operation-and changes in sanding land uses and the relevant provisions of Subsections B.2,C.2 trough C.6'Snails.Renew of P.safety plan shall to accomplished using theSite Ste Plan Review process rid such Mango round constitute a major chinos from the Special Review Punk The Department of Maaig.Sev.es may waive the rev ew, if the sunoui .g property within am-haltmN has not sISNScoaly.aheged since the recording Nor WW2 odginY 4p5oadan•Tin pplaMfsha provide.vidawe for this Wwmh.tlat.The operator,if he or she chooses not to accept the staff deemirWion under the SiaPln Review process. may request that to mamba detrmewd by the Board of County Commissions which shall hear the meter in accordance with the procedures for considering a Special Review Permit,provided,however, that no fee Mall be charged.- No Mrge to remainder of section.. • Sec.231deo.APpUealnmeanments for pans. The purpose at t e awn:slan fora Domestic Sewage Sludge Permit is to give the applicant an opportunity to demonstrate through written and pipit adgmalpn how to proposal compliant with the standards d this Chapter. The following tai documentspati g 511 be submitted*a Put Mew pplictin: Atvoupl L-Nodlal - M. Amp that Stews and comas of Me following requirements: 1. The minimum size cnN mp aNNWammpmm(a)Ineltw by lNdyNx(35)inches No chum to rwnainda of sedan. - Article v Ow*Melds • • Sec.23-L2}t. interprelatlon and application. _... A through No change. • C. The LOWEST FLOOR elevation of STRUCTURES wwithdR a BASEMENT tW.be considered to battle eaveton,above men as cow{dtw ip ofthe foundetion of S.STRUCTURE.The LOWEST FLOOR elevatanof STRUCTURES with•BASEMENT shall be tgrwwared to be the elevation,above men sea level.d n lb&of the 9ASEMENT of n ST RUCTURE. rPADM. Sec.aa-ta. Uses permitted in FM UM FP-2(Floadprom DWfots). USER end es slowed by dpi,ACCESSORY USES and Uses by Special Review in IS UNDERLYING ZONING DISTRICTm may be permitted in ptiFPq and FP-2(Floopfone)Districts ested lathe following conditions: A though ‘His change C. All new construction. or SUBSTANTIAL IIWROVEMENf of DWELLING UNITS Stall have SLOWEST FLOOR,ki P.BASEMENT floawMBBIkENBAErip,ELEVATED to or Wove S. REGULATORY FLOOD DATUM. NEW CONSTRUCTION, replacement or SUBSTN/TW. IMPROVEMENT of STRUCTURES'other than DWELLING UNITS shall to FLOODPROOFED colon by ELEVATING IS STRUCTURE of iv/making the STRUCTURE WATERTIGHT below S.REGIAATORY FLOOD DATUM. D trough F No deny. • G. For et IEW CONSTRUCTION,replacement of existing structure"and SUBST N IALIMPROVB.6RS, My iltied areas below the LOWEST FLOOR that are sutjeel to floodi g shell be designed to automatically equalize hydrdtale FLOOD forces on exterior wells by allotting for t.•ray and St of floodwaters. Designs for meeting this requirement must either be corned by a registered passional sioral engineer or adibicberaid mat meat or exceed the fokowing minimum ciSadr A minwvan of two(2) openings having a total net use of not less than one(1)square inch for every one(I)epee foot of enclosed area subject to flooding shall be provided.The beam or all openings shall be no NVterthn one(1)foot Wove pads.Openings may be equipped with araeens;louvers or other coverings ordevices, provided MS they posit the Somatic arty and Molt d floedvMas. H though K-No change. L. All MANUFACTURED HOMES shall be elevated and awthcred to resist flotation,cone e or SS movement.MANUFACTURED HOMES shall be attacked in accordance with SWesdionBPn-as-a- 2-Iles dies Code. Y. All K LE NOSES shall be elevated and anchored to resist Saigon,Wpm or aMel rromrant. MOLE WIEN she be anchored in(acordaw wan Subsection 1944•11211.2-110.•of this Code. No change to reminder Magatrs.,. n_ st� is dallTa41tJFWit1t ?\\ *i EI$ I S 3 R b 1 • l . X14 ni. s F e i.ii 'bp $s p 3 r ;E.Sl i t h i . 'i ia.,. lift . j114;ixi \iIiiiit ZEE P , ; s iii` i ID111 l I §gip. kl � is !lbI, - • E iii s _ i�iltqi � tll, i sT It i i' ithi r•- ii atJ els . tai` ' „ s ; t' 1 2: at; ' '! i l.�ti. pti �l E UW1 111`1 ;11 i3< _!pa a'fia f v< D Ma 2444.lisemeldnOMMI IdMem tselM/a The Pears Nat be raapaeen far processing all minor at -t. '.weft pun eta in to u+mrporabd asadltoGaa.The Depeflment ofPtening Services ISM. abmilMI inSenrrea are mat prior to processing the application. Once.ceaplate topiarian is submitted,the Planer shell; A Refer the application to appropriate referral agenda,when applicable for review and conmmt No agendas hit respond within twr y-.iglht(Nllviera neWI)d.RaSaram mailing of the application byte Caumy..The failure of any agency to respond MOM twarryelgt(14)1.2•14weldrelmiai days may be deemed to be•favorable response to the Department of Fleming Services. The reviews end comments solicited by the County are intended to provide the County with nramalon Moulins proposed minor subdivision.The.Dpabnertl of Palming Services may wonder all such reviewarad comments and may solicit additional Miamian if such information is deemed necessary.The reviews and canards submitted by a referral agency are nmmmen one bit.Carty. B. .. Schedule a roaming with the appll.al..5 MmyCro(16)Yrw alters canasta application hes been swlMrd.Thephpos ofMeme$apvae betaadvM4Mapplheam cletypropane discovsed dying ... the review of the mino'subdivision sketch plan application,discuss garments and Issues raised by • referral agencies,and review the minor subdivision final plat procedures.Amier subdivision sketch pier application stall be completed prior to mubMtlkp a minor subdivision theme of mne{m.-Pal application. No change to remainder of action. • Sec.24440. Change of zone. - M applicant shall submit a complete change of zone application following to praceduae feud in Chapter 23,Made II,Division 1 of this Code. .. _ / ' .t A l- i ',t A , 1 withirrermandied•lwarityliMiliane,The Planner should be consulted for to conch application fee. Sec 114ad Final plat. ' Ni applicant sl W submit a complete minor subdivision This Wm application with 0e required muter of application copies and application fee to the Planer. The required number of ppli slog calm Nay be determined by the Planner. The following intdmiaan shall be submitted as pap a/amine.minor ssLdvhen final pal rpplicatiom A trough R-No dope. S. ,acasllf,ea Ilk of tile fl,Mimeses and the corresponding percMe aficebonnurbersassigledby the Carty Assessor to the owners of property age surface estate an five hundred(500)feet of to property subject to the application. The saga of win yin shill be from the records ci the Carty Aseasar,or an aswehp update from•tai*Mai co pany or attorney derived from such records .or from the records of to Carty CM*end Recorder. If the et was mumbled from the records of to Cony Assessor,the applicant shell certify that such list was assembled within thirty(30)days of the- -application submission date. Inadvertent snots by the migrant in supplying such cost cc the Dep•rbnent ci Planning Services In sending sued notice shell not ante a Jurisdictional defect k the hearing paces•.even If such eater results In the failure of eera•tIp property owner r receive such Son. T. affidavit listing the names rid ad dresses of t mineral omen and les sees asees at mineral owners on o under the parcel of land being considered.-The list shall be prepared from the real property records le •person qualified to preform the teekeNtorGeentreedweriefleasida oat shall be arrant as of date no more then thirty(30)days prior to to date the application is submitted to the Depatnem c Planning Services U. Minor subdivision final plat map requirements: 1-No change 2. The plat shall meet the following cleric bear origns Miriam and teals;be node*or a dimensionally stater ', - - y .Mylar or other product of agui quality, be at least tree(3)millimeters in thickness;and all components. nandaa signatra shall be made with nonh5np,pe.mrwnt black ink. a No cringe to remainder of section. flea pl-geg. Final plat processing ad review procedure. Tie Planner Shall be responsible for processing all minor subdivision final plat applications inshe unincorporated areas oft is County.The Planter shall also have to responsibility of maturing all application submittal requirements are met prior to processing the application. Once a complete application is submitted A The Planner Nall schedule•Planning Commission nietng date win,sixty(50)daysnetn_ikn fr sea .. , % p'1' ' '• B-No change. C. The Plainer shall give notice oldie proposed rotor subdivision final plat end the public hearing date to those persons listed in the implication as owners or property located wilt,five hundred(500)feat of the parcel under consideration, Such notification shall be mailed,firei class,not less tan ten(10)dada before the scheduled public hearing.Inadvertent ewes by the applicant n applying such Il.t Or the Board of County Commissioners In asiag such notice shall not mate•Premetlansl deteon the hearing process,even If such errs mule In the taper.of asrohhrwehg properly owner to receive such nodatadn. D.No change.. , E. 11mPlaner shad post asjgn and"property under.considrtatcn fetamear Mbdviion final plat The Apia dude posted adjacent to and visible am*publicly maintained road t4$-oi soy.kilns oversew progeny eider.aruidwaonis not afmcertto;publicly emiNMned rood rt'?I-w y.ae(1)skin sat be posted in the most prominent place on the property*demand sign shell be posted wfaere a driveway(access drive)inenecta a publicly maintained raad right-al-way. The Department of Plnnkp Services shall certify that the sign ha beer,postedfer the en(10)days preceding the hearing dale at evidenced with•photograph. The sign wit Lt,. fltehall show the following information: F-No change. G. The Pnrerahell refer the application to referral agenda,Whin Applicable,for review aid comment The agenda Nall respond wian Mntrelyh1(21)dienyeMi2Hdas after to mailing of to applIcationbytheCounty.Tefalpure crony*money tonspondwNdntwentyefgt(21,` , , (RI)) days may be deemed to be a favorable response to to Pining Commission. The reviews and comments solicited by the County we intended to provide it.County with'aeration about the p.. sad minor subdivision. The Planning Canmesion and Board may consider all supra mews aid cerement' and may solicit additional infamy icon If such information is deemed necessary. Tie reviews and comments submitted by a referral agency as namnsiatlons to the Casty. The authority aid responsibility for making the decision to approve or deny to request fors minor subdivision rests with tie Bond ol County Cannisekren. H trough K-No cwlg•. L The Clerk to the Board shall give notice a the application fall minor atbdvielaa Mel pap ante Borers public hearing deb to those persons tiefn in the application as cons of property located wean five hundred(500)feet Sim pwltape consideration.The Macedon shall be mated first class,not less Ilan in(BIN din►efts tie scheduled patc Meng' WYestml mmems by M appikat In e pplyYlSSlatMMDeplJMwtofPlead pS*rvIdYrbale,matcenteshellntrite •}a1sAeWm1 Sera In**Oaring man*der it else.Mbar nestle In to Mika of a arwr�lS_prey emir le receive such yealkatlon. • / � M-dotage • -N. The Plainer shall pet a sign on 1 eaaMwM Okn etrm minor arisen final pa. To sign shall be posted'decent-to . pttwy mania road ripiofavey.In to event the property under consideration is not add tea publicly makIYrrd toed r*Sd-s.ar(1)sqn crierl be posted'n the most prominent place on't a property and a sederk sign shad be posted where a tramway(sad drive)imeeeds a publicly Mairnakiad road riyttcFway.The Department of Planning Services shall certify that the sign has been posted fare ten(10)days Preceding tie haering date and evidenced with a photograph. The sign wilk-EeMegn shall show the following information: o through P.13-No change. 14. That the manna nunwer of lots within the minor subdivision wit not exceed nine(g a• di)lots. Norenge to remainder.of section. ' • MsJW Subdivlalod Sec.244.10. Sketch pianist - .. . . Any person wadNg to apply fora Major Subdivision shall wage fora pro-application canna with the Department o(awed Sakes. A through 8.10-No doge 11. A sketch plan vicinity map that be pawn ate scale of one(1)iMn equals twathaerld In (2,000),I.SIMWOINGO,feet.unless otherwise approved by the Planner,comPued alone • (1)Of more sheets with an ceder dimension of twiny-far(24)by they-sat(Winches • snowing the folloeing item: a thragn e-No change e.12 ovwyi C.1-Nochange - 2 Schedule a meeting with the appl Asye a• complete application has been submitted.The purpose of the meeting will be to advise tie applicant of any problems discovered during the review of the sketch plan application, discuss comments and issues raised by referral agencies, and review the preliminary plan procedures. Anna plan application shall be completed prior to submitting • preliminary pen wo ialion.- See.a/a-n Change of zone. An applicant shat submit a complete clogs of zone application following tie procedures in Crisper 23.Mope IL Birisionl of this Code. tau-- - d' •le, ailhiateneatatiatanatialttektlan Tap.Ptinnir hwljd be;canWtedfarthe Coact ap•araatoaM.. See.24&a MMMnery plan Any person wanting to apply for•Major Subdivision shalt arrange fora pre...ovation conference wed tie Parana(Phoning Baca. A through B.7-140 dames B. An affidavit listing the nines and addresses of all mineral owners and lessees of Iri nal owners on or under the presto,INC being considered.The Rat shall be prepared from the road property records aft.0 Oed+ by a person qualified to de die task and shall be current n of•date no more than Miry(30)days prior to the a the application is submtted to the Department of Planning Services. B.9 through C.1-No cwlge. t The Planner shall schedule•PlanNng Commission meeting date within ninety(•g). t..de. ' y( f days after the compete application has ben submitted. ' b through d-No change. . t. ... Tg Pape NW pat•sign on the property under consideration of a major eubdivisen al plat The sign shot be posted eaj•cent to and visible from •publicly maintained road ripm-olavy. In the evert the property Under consideration la not alacent to■publicly maintained road right-of-way,one (1)sign shop tie'posted In the coq prominent place on the property and a second sigh thee be posed Mee•driveway(area drive)intersects a publiclymalrulnedroad right-okay.The DeprbnaN of Planning Services shall certify fetM sign-has been pastedter the to(10)days preceding the hearing at Each sign shall shoe-the following information: f-Noch l through B-No'hags. ange. ' p. - The Planner shag refer the applicellon to referral agencies,when applicable, far review and content. The agencies shell respond within twestyMght (ale .. (V)days after the moiling of the application by the County. Thefmu loo toy sway toespondwthlntwenyatght(2S)4wny-ene(gy days may be deaned to bee/evocable response to the Planning Commission. The reviews end caMhame dieted by the Cauny are intended to provide the Corny with information tout the proposed preliminary plan. The Planning Commission and Board may consider all such reviews ark • comma and may sat additional edormain if such information is deemed necessary. The reviews and comments submitted by•referral agony we mam alians btle.Corny.The authority and responsibility for maldg the decision to approve or deny the request for•preliminary plan rests with the Board. The preliminary plan referral agencies include: • 9.1)through C2-No drips. 3. The Clerklo the Board shall: a SNeane d public hearing to take pIne..ewt _.within fony4lve lie) Nky(Sg)drys tee receipt of the Paring Commission recommendation for consideration Pa proposed preliminary plan application. . No a to the remainder of section. cge Dec 54440. Find plat. • A. An applicant tell submits complete fins pa application with the required amber al application apes a application fee to the Planer.The required number of application copies tatbe determined by the Parer.Final plats Peta intended to are minor cha ges to existing etdveem may request s waiver of sane conditions al planning staffs approval.Applicant to contact Planning Sakes for dreotion. • . B trough D.4-No change 5 An affidavit listing the lams and addaxes of all mineral owners and lasses of towel owners on or under the parcel al lark being cansidre4 The la shat be prepared from the rest property recortitheralanttheleriverafleawden by•person gwaMled le St e task and shall be current es of a date no mete then rimy(30)days prior to the date the application la submitted to the Department of Flaming Services. B through E.3-No charge. 4. The Planner shall post a sign n the property UMW aleiderain al e major etadveen ... .. ....-...-.radar.7kaegnahalM•PaWdgpartiesdaalMHeaa raMkrymWned rose -._ nabaPely. In a event the prepafersa dr are dentien tenet added to a publicly malaik.edas Km- f-wainnant sigralibeynaliarithe most prominent place on tame the property shell a peledwhin a �( ) ()LP .Niredr encore 14 el publicly services shed SW, that Ow sign hes been�M NTMn(100Deportment �pdMls the Mrri des rla witlsredwish'phi:Aegis..The sign im ber del show the blow g iaonneeorl1 a through I-No derma. arrange d the Boca hewing published n m. 5. 7n wide to the n( Board by the Bordforpublication aA°ggs.The date of publication shall be silent fourteen(lpenfr6)days fns to the haring. No change to remainder of section. Anne S RaeWaMelon - Medan 24440. After a complete application is received,the reeubMMNon plat should be completed within sixty(60)deys. See.344.20, ReeubSNNrn for changes to lot M em Cthrough B ��procedures for a rwetivisiar for changes toge. lot In.. IM Wrenn of Planning Services 1. hillsrepaipt ore Wmetbefor Oe de sion Board of o.*y�niawa within forty-eve(45) will schedule the request eln1y160ydaya No d i 5 to reminder of section. SW Vs M.-Av-Non DWPr Minding • Sec.247-1aM Compliance alb.approved by the Board shall comply with the taloxing general standards A through E-No change. aide Appendix 240 REWBDMSIDN PLAT CERTIFICATES. Sac.fl-7-Sd. Lot spa Nrideds. A trough I-No change ion shall be avoided when possible:The minimum width of a flag a appendage shin J. bseglacc0) be umb (30)feet This access road be graded, also to)feet wide the properly.FFor acceas arc c clear of el. ulvert ertprrcat n, ea Clutter to provide adequate. emergency eulved ndorrnhation,wChepterBatMs Cos. No therms to rem aindr of section. Sec.247.130. MOM drainage design and technical ednle all authority approved by the Directs of A. The engineer is to use published materiel by a generally accepted s part atherdmed y information.The PublicWorts.The material used must be referenced and drainage design nnawls.The design ell conform with hSWelf25 corridh or Mastnical doei or agePlan if the sits iswN+inthe identified basins,if apparent.. the South Wadl-25 Corridor Msetr Drainage No change to remainder of section. Sec.24-7-170. gamed iunit developmentar osed ion is in a planned tnil development overlay district nee.NI If a subdivision or portion 23.26 or 27 of this Code shall be met. applicable regulations of Chapter Artie VM Exemptions Sec.344-20. Recorded exemption.The recorded exemption a asubdivision prows used to divide a lot Into ao(2)-er sMee (3),or wise A separate lots Examples of when a re:aned exemption application may .lot in the agricultural zone district for a engle-eetly.'resdaaa sit e,,separating existing improvements from agricultural.land,and cresting N slot a commercial or industrial zone OW for existing or future development A recorded exenipleh meet not be for the purpose of evading the requirements and intent of this Chapter.. . B. ..st's'raosion'eloporeoswessi-snvoinsivoi--misetioni ,Preiriepareelifeaberkg4-siteehelliverkbenglerettneeNbittnolleflePthmantetinf'oar' application shall include the total contiguous lend ownership,except in the A C. (Agricultural) recorded of on�Ppt' Zoe Diapbl the fullowmp wig apply sAgip'dp'ral)Zone District. In theA(Aprodexal) s 180 son,or'sawn contiguous ownership equals at least one hundred idyl ) Ietid t, othanaes s carpets quarter section.a portion of melet.roil equel recognized be used n the two lot(2)recorded minimum buildable lot size(eighty ty o-1 recorded or may 1e eligible for funniest exemption Mee(I)ye sfohiae dee oanapest's examSeanhen(s)-40.M. Lot ale of eeadrecrddp exemption created to JMh ra 1,2 2°Lwl b toarealms only future endexemption•LotAofatate- lot�orded e� anted air January 1,2004.Is not eligible for a future lend The evenot recorded exemption application Mall Include the total contiguous land 2' equal to less then ore hundred silly(160)Wes,or is a parcel otherwise recognize Two(2)of the proposed parcels shall be less recognized n thin-u(5)woes Waderndthe must be at least one hundred twenty (120than) cres n size.Lora inBiasdeedtie third parcel exemption in With Lot C d•tlmeewtrecordedfreing the don is edging for accordance aiamWonsw44.40-M. Thm e e two entailer der Icescilenn�pm�exemption c edition 2toJ0.M. 11 two e only Mtge created np la to son 1, lets areeleligible for a one-time lone • exemption. The two smaller alb of a tluaa-Id recorded exemption created Nee JIMMY 1,2004.are not eligible fora future led exemption. . lend The four-lot recorded exemption application shell include the ton contiguous Nelson S. ownership ual to no less Ben onehundred Nagy(150)acres. or_ otherwise reeopnized as a complete quarter section Three(3)of the proposed lots of Section 24.6-40 L,end the fur l sized Ib conformance a-xuthtid reqtwenty 1 ants in spa.The three Heller fourth 11 must be o anent onewes toed She conee smeller lots re not eligible for nsehatlNWptm sot. Teredmglo(L eligible mfor a future lend exem)and exemptions. TMlarger f,(ldD)isesapply exemption fFd lsl Years from date of Widths the exrnpth°m Net In accordance • with Section 24440.M. ere(2)alone.penis amen Pnb tithe initiation of ie When a pawls regulations, efit 'nns,a angnemle be used n the r.re W a Nees parcel may nth recorded exemption L— Sec.244-25. Reseeded boompliert Paseo M bine Pamomeleni. M��Msen9laYl Weft sae fee)days. \� Adler a omRfeleappellation I.received,the recorded emenWarn Sec.244-30. Brrhdivisiea Exemption and ale Paratnatos. shoed be eenolebd sdelditrodY-five OP a compter application is received.tha recorded exemption dam wine 4waw .rM on Mseds9 Exemption don the time has.will follow the Recorded Exemption process as deecmed in Seaton ma of this Code. sac 44.4-48•Exemption • An exemption ication shall comply with all of the following standards: A The water apply for all proposed lots is adequate in terms of gushy,quantity end dependability. lockable fire probation. .B-No cheese for safe impress and prep lea pudkroad, All An access is,or nn be made available that provides accesses shall be in accordance with Chapter e,Mile II of the Code,and shall or to adder. the peal of no"net Increase"In the number of sea County eeem onto adjacent County roads when accesses already exist .1-No Mange 2 emalyblebenelgnqab meted leted through 'the nernollon emcees shall.Most oast shin meeesa __- 7-NedwMa .. . new access 4. road i feeds onto dull dpose C.County road with b• dad•patine as bwltch Cosh Mow*affic count ' D. live proposed recalled exeniptiol^w41 shell comply with Chapter 23,Arllde V oftn Cods. E CxonynJ-No The�'. with le Bbtemetof Purpose amortised In Section 24140 dthisgmpten. N' I n approved of n exemption may be conditioned or restricted to carry out the intent of 1. or to mitigate Impacts or address wreaths el reNrtsi Section on i this Chapter include,but are not limited to,dnipolion b Conditions end on oiaaa may buildingagencies. geagi envelopes,creation id of conservation pareasementsssatomaintain irrigation mednrd for the encourage pnadtlz dofproduction existing on ho penalof school Slot parcels,and the qi utilization of eCsibg housing of approval shall to recording the concerns and Conditionsmeans of notes on the plat. plat and restrictions may be enforced by L N°than ntitemePeeettreserdellestriterbermirinetiplintiffetofflffffeamemptieweembeivistenmempliontobek M. AtbrJa unary 1,20061.proposed recorded exemption Is eligible for land exempla If it is not part of: . f The largest lot of a recorded exemption which was recorded within 1.betide(4) The Impost lot of a recorded exemption which wee doe In conjunction*4 h a 2. subdivision exemption which was recorded wmb tad bet Me(d)yems- N. None of the smeller lots of recorded exemptions approved after January 1.2006 are Abbe for futon land exemptions. - agricultural practices,if applicable. The propoaai is consistent with good aP1c Sec 24•saaEedplat. �shall be preparedearnt application is approved and all ccMNins of approval have been net The plat shell be submidsd to the Depwtmnt of Planing Seneca for recording in the office of the County Clerk and Recorder. The plat shall meet the following requirements. A through O-No Manes. H. The plat shell include an accurate drawing of al approved lots. 1. Recorded exemption.The smallest parcel shall be designated Lot A.For a two-ld recorded exemption,the larger parcel shall be designated Lot B.For B and the Mires-lot laxnplin. the medium-sized parcel shall be designated shall be shall be desi Lot A,Fohe Forefoot-lot n� th smallest e largest . designated s leaig next dd lotC andeeN shall be designated Lot D.Trw parcel sace MI lots shalt the largest ices net red gross acreage for el lots distances given.Micas data be acare of surveyed v end sh be ref cbidu��npbiic lend survey monuments d for alines eall lots,chitin shall be referenced to No dug.to remainder of section. Sec.24440. Duties of Department of Manning Services and Board of County Commissioners.responsibility for processing end A The Board of County Commissioners delegates the authority and respon of Messing en approving exemptions to the Department of Planning Services. The Dspartment ea�ds we met Services prior • shall also eve I.responsibility of enuring that all application submittal reW to initiating any official actin. Once a complete application Is submitted,the Department of Planting shell shall send the application to referral agencies for review and carman. The agency respond within twenty-819M(2SFt. .. ...f2')days after the application is mailed.The edwotl rreofany agency to respond within Wordy-eight(741-^•h 40')days may the af.oralereeprse, - Al referral agency review comments we considered recommendationsication rests with theCo County. end responsibility ter approval and denial of n exemption epN B amble-No cna^the d 1w Dpartm ent cf Planning Services,an applicant has not meth Imp)or ma* of shall be D. tithe.instandar o Subsections 244-40 A'though 041--17ti.Axl'a°°"�M. scheduled before the Board of County Commissioners.The Board of County Commissioners shall hold•public hearing to consider the exempt_spoliation E. end to take final action thereon,ifthe Planning St Ms determined that Is application has TO met the standards at Subsections 244-40 A through the Si above..The Board o County responses, iseiawn decision shall consider C the rpresantedatnon of the Planning Staff,referral agency the pnlic haying. The Board a Coca Corn has,tad application r case lixanpfads pleaa^t has not met one(1) Consniesbrers shall approve the exemption application unless it finds the applicant or more ofthe standards as listed in Section 244-40. No Mange to remainder of section. Sec.24440. ESNS'ln reeandin, Araarda A resolution setting forth the decision of the Board d County Commissioners shall be drafted and signed. County Core action and a copy of ge resolution County Clerk and Recorder's office to record the resolution.The Board d County Commissioners shall arrange Commissioners shell also authorize the Chaimen to sign the plat requited in Sedlon 2•;W 2'B 7 •1 below. Sec.24440. Exemption correction. through B C. Any change to a previously approved exemption which Is not a correction es defied'n Section 24440.A B4s-tK above shell follow the procedures of Section 244400114444 D. aenbetle T edelaforaSAati g compliance wNithe timing provisions d Section 344.0•rB4 S44N ads of recording 4e most recent previous exemption associated with the parcel,not the den of the cansaon. l�u Set 214-a taampsm armrests S pmetetem. Tina pavie4M do not apply te s t00kiMm exemptions for aceuriart of pe0edy Ines between tee(2)contiguous parcels,kirta melon of lots ford.pumas a financing pfor the MOorary use Neater for publictiltyfediities. Arychalp toelrevvWyapprovedwnptW.,witith is note correction as defined In Section 244-90 of this Chapter, shall be processed as a new exempfon,ifeligible. The date for Sadsting compliance with the timing provisions of Section 2NJO.Mi4-g-NII shall be the date of the most recent previous exemption associated with the parcel only in to following butanes: A. News a boundary change results in a change o acreage beluem LOA,Lot B,Lot C.Lot or the SE Lot done in conlWnlion,thereby not creating en additional building site or charging the exterior boundary of the original recorded exemption or recorded exemption,subdivision exemption catenation. No change to remainder of section. Chapter 27 PLANNED UNIT DEVELOPMENT Allele 1 General Provisions Sec.27.1.10. Intent. A. The Planned Unit Development(PUD)is intended to Glow an aMnatve method for property owners and developers to apply 0eidbtty in devebpiry and.This flexibility is generally not possible under the normal application of Chapters 23 and 24 of this Code. The objectives ore PUD are to: 1. Encourage innovations in residential,commencer and irdust41 development so that the growing demands of the population maybe met by greater variety in type,design and layout of buildings and by the conservation and more ellkiep use of common open space in the awalpnwn 2-No drags 3. Ensure tan's'provisions of to zoning lawswrich direct the uniform traateaa of dwelling Wye,bulk,density and cannon open spade with each zoning Nat will not be applied to the improvement of lend by other than lot-by-KK development in i mover which would distort the objectives oft the zoning lea. No Lange to remainder of section. Artca t Parana Standards Sec.27-240. Canaan open span. Common open space is aped as any usable parcel of lend or water"'improved and set aside,dedicated.desialed or reserved for public or private use or for the use and enjoyment of owners or occupants of and adjoining or taiphbortg sUdt nee.Common open Mcrae haloes fatfteaptereaat etw not occupied by buildings or uses such as storage or service area,private co tyards,perking lots end islands.hiallPUD debits,except fort oee containing residential uses,common open space may include landscape setbacks adjacent to roadweys,whereto setbacks an - not utilized as patting or storage areas.The amount aid type of common open space provided in a PUD Zone District shall be proportional to the intensity of the zone districts called for in the PUD or uses specified in to application. unless specifically delineated in Chapter 26. Common open space shall be designed to be useful to the occupants and/or residents of the PUD Zone District for recreational and scenic exposes.Common an spec"in to PUD Zone District shall be owned end maintained in perpetuity by an organization established spedfcalyfor such ownership and maintenance purposes. •� .tray . "1 t •k...__le ;kww*Jibs Sec.274.70. Cwnpaatty.• The density,design and location of land uses within and adjoining s PUD Gall be designed to be compatible with other uses within and adjoining the PUD. Compatible uses shall be determined by evaluating the general uses,building height,setback,offset,size,density,traffic,dust,noise,lemony.character.carman open space,screening,heath, safety and welfare of the PU0 in relation to surrounding uses. See.27-2440. Nonurban scale development. Nonurban scale developments are developments comprised of nine(9)or few residential lots,located in a nnurban area as defined in Chapter 22 of this Code,not adjacent to otter PODS,subdMsions,municipal boundaries or urban mown corridors. Nonurban scale development shall also include and used,or capable of being used,for agricultural purposes and inducting development which combines dustered reskatal uses end amkut"sl uses in a manner that the agricultural ands are suitable for farming and ranching operations for the next forty(40)years. Nonurban scale development on public water end septic systems may have a minim"nid size of one(1)acre and an overall moss density of two and one-half(2'A)acres per septic system. Namabn sale development proposing individ a.private wells and septic systems shall have a minirmm lot size of two and one-half(215)acres per lot. Nomrrben scale development located outside the MUD area is not subject to the carman open space requirement set hall ill Section 22440 of this Code. This danitlon does not affect or apply to those coordinated planing"freemen" between the County and mhnidpelitie which are in effect as of May 14,2001. Sec.27-2-let. Pubs purpose. • Parks.playgrounds,bails,paths and other recreational areas and common open spices.scenic and historic sites tee public-purposes, A public purpose may also include productive agricultural ands;riparian pees and tack bates; wetlands and their buffers;conservation areal;buffer zones or areas;scenic areas:view condors:floodweys and floodplains;groundwater resources and recharge areas;historic,archaeological and cuaraletas:scenicviewsheds from public roads;wildlife preserves;and conservation areas. Areas such as wetlands and their buffos;conservation areas;buffer zones or areas;scenic areas;and view corridors are areas that may or may not allow public eases. These spaces shall see a public pspase by providing for the protection of environmentally sensitive lands,s gria*ra practices and scenic areas or corridors. Atka N • PUD Application Procedures and Ragtdremamts Soc.27446. Tee Noma , Based upon the development guide option,as discussed in Article VI of the Chapter,to conceptual time penman M the PUD process are as follows: Table 27.1 PUD Conceptual This Parameters AOParae s Dan Sketch Plan: AldMatralive Review M11 Charge of Zone: Both optima require: B0--0912 'Specific Guide Plawirg Corn.Review& • *Conceptual Guide BGCC Review a Approval . Final Plan: 'Specific Guide eAidnee.aalive Review 4600 Cwcptuel Guide BOCC Review&Approval 41-6060 TOTAL: Specific Guide 4N-410240 • Canceptal Guide 440'406271 - 'Approval type depends on outcome of Change of Zone or Wlitalion of 0e specific vs.conceptual guide. Article IV PUD Sketch Plan: • Sep One Sec.274-20. Ragtn ens forsubanat. A through D-No change E. - The sketch plan development questionnaire containing the rollaway • 1-No arena 2. The approlemete aite eri0 typed anymni the riMa common open specs end sera public uses,including parks,remeaaon area school sites and.abler uses. 3 through 4-Nochange. • 5. • The source Of pithile water or,tiwi eceptimrtor rreeldarlW PUD of rice(Whoa Ms or fewerMgraatedbytie DpatmarrtofPlaning Services,it shall edam to Sedan 27-2- 210 above- The pudic water system shall also incorporate a anneal supply an with alternatives for renewede WOW sans to ensure Mee sryfgy'tar the future. S dwo gh 15.-No chipa. 18. A statement describing how I e applicant Intends to design aimed roadways to most the full typical section specified by Weld County DepsMlend of Pat Warbw+SAe ily fianperlatlwrai and Chapter 24. Improvements may inckde the mmvuclion Mat lanes.shoulders.bike lane..meSnia cab,puller and siawala,for wangle. Reputed improvements may also include the acquisition of right-away and Onabudion easements that Mil be dedicated to the public.The krpowrwle alighted to the development shell lecneige twits.directlnpectapr6WrtvelopmrdiwonOeCounty road system es determined by a professional transportation study.The road improvements a jeerrst and roadway wWrudion plans'shalt be considered by the Board of County C.onaMtgMra. No change to remainder of section. See.274J8 Dude.of Department of Planning Services. A-No rage. B. The Department of Planing Services staff shell have the isaonbilty of ensuring M application submittal*dramas We met prior to inifiethigenyalficamommendelat Once ecarplNa application is submitted,NWf4e0s.rd the application tome appropriate referral agewsfor renew and mmert. Referral agencies shell respond within twenty-eight(2$)-teen,--WI)ays ear the application is mailed. Tie failure of any agency to respond within twntyygid(25)LS,ek.1SH days may be deemed aadeorable remoras.All referral agency review comment S.considered a recommendation to the Canty for review of a sketa plan application. The referral agencies include: No change to remainder of section. • -Article V PUD Change of 2one Step Two I Soar 274.30. Requirements for aubhltal. The following gem we required for sumiMl oft*PUD dingo of zone: A thatch 8-No change C. An affidavit listing the names ere addresses of a6 mineral awns end lessees of mineral owes on o under tia parcel of lam being considered.The let shall bep aperedfrom the .Yl ppey ,bye preen -, aeBMlsar Me leek andsslbe anent as of d dalenmrethen thirty(Mays prior to IS ale the application is submitted to the Department of Planning Service.. D. A ' fM lw. ,. ',..:. / . A- II V. . •` hailed Me tall*Ire harms, oaAssessordy le Perot Identification nurses steed by b Cis C tyfeel of to property of the surface*state within Ss Meth properly subject to the pp8stlon.The source of soda Net aka8 be from the Mesa ofthe County Paestum or ownership update from a 0l.abstract company or attorney derived from such records or Rom the records r 6r Carr Clerk and Recorder. If the list was seenl0ed from the records of the Gray Assessor,the applicant she certify that such let as assembled wain War OM days of the application eubadseon date.'advent etas by the ppeoaa In supplying such list or the Depararwnt of Panning Smokes M sending such notice shoe not create a jurisdictional defect In the hewing process,even If such error mule in the failure of a sunwdMg property water to receive such notification No change to remainder of section. Mole VI DevelcOnwll g11M)IepierprMs ( C) Sec.n4wa Ca..._.. le Too-settee pevelan Spots. :✓�^/1/`/ A through 5.10-No change. 11. Structural Road Improvements Pan.Adjacent rosette shall be entree to Inset the full typical section Weaned by Wald Coady Departsisol M Pia Wet a tw0wry OM* ' ,M_ and Chapter 24 of this Code. Improvements may include the construction of travel lanes,shoulders,bike lanes,medians,curb,gutter and sidewalks,for example. Required improvements may also include the acquisition of right-of-way and construction easements that will be docketed to the public. Improvements attune to the development shall be consistent with the direct impact•particulr development has on the Cony red system as determined by a professional transportation study. The toed improvements agreement end roadway construction plans ehanM considered by the Bord of County Commissioners. See.27sn Cr tment FM-comaon open space usage. A intent. Coma open apace I,an essential rmrnniy asset and an Important Component of• developments design In urban scale development and Mary PUD localise M h MUD area.Common ' open space attempt to preserve ecologically important environments,provides attractive views end spew for recreational activities end buffers the development from other land uses. The intent of Capwwe Five is to ensure that each development provides an appropriate amount and type of open space within the site. • B. Common Open Space Regulation.Careen open space hi rented@ development end In sap PUD located tithe MUD area Is intended to establish a sense of community and increase the quality and uniqueness of each site. Common open pece provides enjoyable space while adequately busertrp venous uses. 1 through No change 4. The homeowners organization is responsible for liedlily insurance,taxes and meirdrwca of Carron open space and recreational and other facilities. 5 through 6.b-No things 7. 1 . . t. Br . -ti - g ' .P , rein scale development PUDe containing a residential element shell provide fee a fifteen perern(16%)comnon open spec*Wocagan,unless otherwise sties M Chapter 2e of this Code.Departure from edit standard will be considered and ay be approved by the Department of Planning gentlest staff is long as the Sent M We Chepiyesd Chapter 26 have been met B. All PUDs subject to the canon open space req irate t may apply for a taseter dwelt and have reduced common pen paw when ppiy ig the ceNin-nsu tarnNive listed herein. - •trough h-No change. C. Duties at the Department of Planning Services. 1. The Dpumwnl of Planing Services win be naponele for evaluating the common on open pace usage of the PUD for compatibility with Chapters 22,23,24 and 25 of this Code,I operable. 2. The'applicant for a MID with a common open space requirement shall provide a IherpeteeWhphow any cannon pen space will be owned,preserved and inwe Maintained Ind perpetuity.As needed,the Planning Commission iselon or its rag wpall compere dhow.: wart to date with the approved construction plan a determine compliance,as follows: Ne deeps to remainder at seta. Sec.7I-4-130. Review preaches for change of ante. A-No dwigs. B. Dunes of the Department at Pianist Services, The.Department of Planning Services she be responsible for Processing all application fora change of zone to•PUD Zone Dint The Depatannti shall have the responsibility to ensure that all application prongses and rpemmb we met pairs arty oMldaf action..Once a droplet epplicetton Is submitted to compliance with Section 27-5-30 of this Chapter,the Planer shall: 1. Set a Planning Commission hearing date within sixty(50)de emet4eeedenfa%6_140) fl ., after the caphas lete application been submitted. end 2. S the application to Martel agencies for review rat Cannier. The agency nab respond within twenty-eight(25,' Ay (21)eye Math*application la marled Te Mitre of ay agency to respond within Metyrlpk 120Fbnyams Di days ay be deemed a favorable response. All referral song review comments are considered a r•wmmresione the Cony for approvala ddenial cf.nrge of zone application The referral agencies include those listed in Sedan 27.4.30 ofthis Chapter. . 3. Animator legal notice of said hewing to be published once in the newspaper enrlafed by the Board of County Commissioners for publication of notice.. Al the discretion at the Board of County Commissioners.isionrs.a second notice may be published in a newspaper which is published in h wee in which the MID plan Is proposed. The*lure to publish Me semrl notice shall not ante a jurisdictional dated in the henng process. The Y el publication shall be at Neal fifteen(1$)irk•rh/4)days prior to the learn The poetic notice shall include•legal desalplion of the property being considered far stay dedication fora public purpose.If the cash-in-lieu opten is seeded,the public roses ahel also include a statement to that effect. 4 through C.1.h-No clops. C.2. The Secretary of the Pim4p Cortais°.shell toward to dint recamwgagpn dire Planning Commission and to iryanation contained in the official rend tech Shades the Department oPlanning Services case file,to the Board el County CmisiaerswAW. -6eueIt)ten(10)days after said recommendation has been made. 3-No flange. D. Duties of the Board of Canty Commissioners. ' Mar receipt of the Planning Conrmaln's rxmendation,the Board of County Commissioners. 1. Sete Board at County Commissioners public hewing to tale pMwmreaMrt6Bermtly dge-rmareel-mae-then within forty-five (45) days alter receipt of the Planing Commission's recommendation,for consideration of the proposed change of zone. 2 trough4-No chant. 5. The BOW of County Commissioners shall hold•public hemp to patter the application and to take final action hereon. In making a decision on Its proposed change afzone,the Bond shell Gawkier the recommendation oh Phlvrp Commission,the hors presented at the public hearing and the information contained in the official record,ten includes te Department of Planning Services case file. The Board of Canty.Commissioners shall approve the request for the application only if it finds that the applicant to mat the applicable requirements of Pareg phs•through-hi below. The applicant Ines the burden of proof to show that the following standards rig conditions have been met: No change to remainder of section. Article VII PUD Foal Plan: sap Tree sec.27-7-30. -.grmrae r.r.rat.. The foaming competed intommafen is amputee for heal pin.The Downer of Pismire Mnlanlslhdisavow • to wive Idenaabn net deemed eoesay by the Department r Manning Services A trough'-1b china J. A separate c(ade road impressed,preened proposal.Arlacent roadways Mean be assigned to me the full typical section spelled by Weld County Deparbun of Pure World-M-tin-6..M Tyra,._1_L.MM and Chapter 24 often Code. lrrpovrment.may Muds the construction of Sex lanes.shoulders,bike lanes,medians,cuts,meter and eideseaa,for example.Required Improvement may also MISS the acquisition aright-of-way and construction easements that will be dedicated to to pudic 1provam.mt attributed to the development all to consisted with the direct roped•pafinde development hum the County road systems determined by a professional transportation study.TM road improvements agreement and roadway=amnion plans shall be considered by the Bern o County Commissioners.The off-site road improvement proposal she desate,in Sail,the type of off site road inpravaments to Ma reline ah requirement for street or highway facilities will be adequate I frnctons'dwilination.width and structural capacity to meet the traffic requirements. The method a guaranteeing the installation of of-site road improvements shall be described as part of h..n.. r1. The method of guarantee shall conform with the Courya policy ragrarg collateral car Improvenenb a Section 2-3-30 of this Coda. K through L-No change. M. M affidavit listing the names and addresses-of ell mineral owners and lessees of mineral owes on o u nder the parcel of land being considered. The list hp be prepared from the ran property reoadee ' " ( I -- )^y , 41 by apeaenqualB,d to dote tank and shellb arrant as or a dat•no mom then thirty(30)drys prior to the date the application is submitted to to Dprbnri of Planning Services: N. ha... ..at-rawer.A certified last of the name, salmons and the corresponds parcel Identification numbers assigned by the County Assess the ewers of property of to eafane • estate wifit live hundred(t0ofeetof the property anpaetto the pp4eatlsi.The ease afreh let shall be f omhrecords off County Aseesor,or an owning*update from a tits ahem' company or attorney delved from such records or from the records of the County Clerk and Reorder.If the list was snrsdW from the records el the Cent'Assessor,the applicant alma certify that such list was anaenrad within tarty(SO)days of the a,.if rm submission doss. kadvestent errors by the applicant in supplying such tat or the Department of Planning Senses in sslidig such notice set net ants a}nNetenr defect lathe Mating process,even If much error ra••M In the stun of a surrounding popery ewer to receive such notification. No Nape to mmager of section. Sec.27.74 Review prorate foram (m(pen. A'trough B.1•110 range. 2. In the event that the.Depat ent of Planning Se vices determines that the final plan sdnaltal is consistent with the previous sketch plan and change of core submittals,and If •specific development guide was submitted for the charge ofzone application,the Penner shall: a. Send the application to referral agencies for review and comment. WO agency shall respond within MngalOm(21)4we tyaneleiidaye Star the application Is mailed, The Slum of any agency to respond within bemy- SIMIn)-_ .Ay— 1'tst . may be deemed a favorable response. All . referral agency rasa admen,are considered reprTnndelbn to the County.The authority and responsibility for approval madenis'of•Mel plat application mils with the County.The referral agencies ndude those listed m Subaetion 2743001 of this Chapter b-No change. 3. In the avant that the Department of Pinning Services delennthea that the final plan submittal is not=Scant with IS previous sketch pan as change of pro submittals, cameo a conceptual dewbprrn guide sus submitted for the change of cone pal akin, the Parer shell a. SasBord of County Commission's hearing date waWnerMeee camel ft (It)t,....wow sly(80)days after the complete application hes band nmornftlad - YL": sea'h a ales aid to embers owns*car review and acomma%l Serener $a .' :egehgYrdlrepemdrallthteamy+gltl2a 1 Wlldgeeitec0e apdication is mailed The failure of any agency to respond within twenty- . . airatfahhee rearleeedays may be deemed a favorable response. Am regatta'agency mew comments am considered a recommendation to the - Carty for approval end denial of•all plan application. The referral penes include those listed in Section 27.1-30 8.1 of this Chapter. c through d-Nochange. a. The Dpenriof Planning Services shall posts sign for the applicant on In. property use consideration for•PUD final plan. The sags shell be posed adjacent to and visible from•pttdy lied road rlpheof-way. n h even the property'eider consideration is not sQacenoe puWladyneinteied coed righto4way,ate(1)sign stag be posted at the canal Sikh h driveway(mass drive)intersects•publicly maitannd mad right-of way. T•sign shall be posted at least fifteen(15)drys prior to the hearing and evidenced with a photograph. No change to minder of section. Amur IX PUD Mapping Reteade S ea 2f-5.10.Sketch pre map requirements. Opening Paragraph through D-No change E. •Oaths of the proposed PUD perimeter The proposed location of land uses by beds and lot,including bah and lot sixes in acres,gross density and number of each type of residential unit ppoomre bat rest,height and type of businesses,oonmaaal and industrial uses:and the location of oanmon xpn Teped o• perks and'SS see reapeofaonana open space leshell be delineradonh cop. F through H-NO charms. Vl ntitymapymp,located on either the*etch plan mop inorales Ind water features, h location ofh PUD ca to he relationgeneral area,rowans,irrigationirrigationdalesh wear fedues.profelliOnalty l by t at e a scale of one(1)Inch eras two thousand amnion raawNBB)faro an approved scale byes Department of Paahg Seviea with an as dimelon of twenty-four(24)by thirty-six(36)inches Slowing the following rant No change to remainder Of sedtnrt • S ee.27A-20. Change of zone and flit pr mapmPasmrb• She following ct•ris are required for the image of zone and final plan pun associated with the PUD process: The change of zone and final plan pat map shall bearing treeing it on Mya(not sea•)r a seal*of one(1)iced eels arm hoarse(103)ea one(1)Mn equals two husked(200)feet or•wle approved by the Department of Planning Serves,eepeesd afire(1)a more sheets wUn an ester deenawn of twrty-lot,(24)by tiryau(3t) inndae.duaeg the following Inarmalon: No napes remnnlar r mike. .. S ec.27.10-td Prpoas. Thapupose of this Anion a: • A'5w0t9t0-Nodurya D. Toreognize Weld Count's Right to Farm leclwp sr 82 Appendix 22{ynlnliies144rGhteleogg, Chapter 23 and at applicable Cony Ordinsces in effect No change to. .lkc°of section. -.. ... .. . . • S ec.27-10.20, Sbnsesds, . A BpbB No change. rw C. A minimum of two-thirds(11857%)of the Mel wee of the tract not be reserved for the preservation of contiguous lend. D trough E-No d Thorn'o F. oftoe A(A,pioitubrarlftae and as outlined In CBapNr 27 ' /'" end 1M /a2;-E,Nall',tail. J '. f''.ae�Doh,..Indung Weld Conya Nqa to Ferro, No change o mend,resmac '\ 9sN1r': :zit I.-?i,;,3r BE IT FURTHER ORDAINED by the Board But the Clerk to the BOW be,and hereby is,directed to range for Cdeado Cods Pt haling to supplement the Weld Corny Code with the amendments contained herein,to coincide with centers, anion'divisions,sections,red sub-sections as they currently exist within said Code;and to resolve any inconsistencies regarding topiWaalbn,groomer,and numbering or placement of chapters,articles,divisions,sections,and sub-sections in said Cods. BE IT FURTHER ORDAINED by the lord Gary section,ntseelion,percept.,sentence,draw,Or Prom of the Ordinance nifty any reason held or decided to be unconstitutional,such decision shall not affect the validity of the remaining portions hared.The Board of County Commissioners hereby declares that it would have enacted this Ordinance in 55th and awcy aaction, subsection,pengrap.,affiance,clause,and phrase thereof irrespective of the tad that any one or more sections,subsectlam, paragraphs,sentences,ces,clams,or phrases might be declared to be unconstitutional or invalid. NOTICE PURSUANT to the Weld County Home Rule Charter,Ordinance Number 2003-10 published above,was introduced and,on motion duly made and seconded,approved upon first reading on Jury 5,2004.A public hearing end second reeding is scheduled to to held in the Chambers tithe Beard,First Floor Hering Room,915 10th Street,Greeley,Colorado 80831,on Jury 26,2004.All persons In any manner interested in the reading of said Ordinance are requested to attend and may be heard. Pave contact the Clerk to the Bores office n phone(970)336-7215,6Mbian 4225,or fax 352-0242,prior to the day of the hearing if,is the result de disability,you require reasonable accommodations in order to participate in this bring. Any backup material,edrets or information previously subtitled to the Board of County Commissioners concenrgBds meta may be examined in the office of the Cad to the Board of Coady Commissioners,located in the Weld Coady Centennial Center,Third Floor,915 10th Shen,Greeley,Colorado, between the horn ci 8:00 aunt send 5:00 p.m.,Mondaytvu Friday,or may be accessed thoughts Wald County Web Page(ww.co.weld.co.us).E-Mail messages pit to an individual Commissioner may not be Included M the case file. To assure Inclusion of your E-Mall mresponda ce no the case Ne. Meese said a copy to neralimacar M0.COoe. SECOND READING:Jemmy 28,2004,at 900 a.m. TINtD.RFADHIG: Febluey 18,2004,at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO DATED: Jenny 5.2004 PUBLISHED: Jewry 15:2001,In the Sae.Weld Sun T „a-, STATE OF COLORADO ) )s.s. COUNTY OF WELD ) copies of the proposed Ruth Pelton-Roby, as manager of Pelton s vni�.a nt m �'arya Publishing Company LLC, being duly NOTICE he sbk lo" Boas of sworn, states that it is publisher of the C..e;n wmeco ' South Weld Sun, a weekly newspaper DOCKET NO.2004-01 ahhst'e Thimr'Fros published in Keenesburg in said County The Board of CoLnly ' cre.My,co«aeoMgnaar Commissioners of Web through Friday,8:00 a.m.to and State; that said newspaper has a County, Colorado, fill 5:00 p.m. The tad chits conduct a public hearing al proposed general circulation in said County and haschanges is 9:00 a.m., on January 5, available on the Weld been continuously and uninterruptedly 2004, in the Chambers of County web site the Board- of County lwwwneo co.1._ja.. .___J,,eLd.co.us published therein, during a period of at Commissioners of Weld ceder g .___as least fifty-two consecutive weeksprior to County. Colorado, Weld Ordinances. section E fry County Centennial Center, Mail messages sent to an the first publication of the annexed notice; 816,1OIhStreet,First Floor, individual Commissioner Greeley,Colorado.for the may not be included in the that said newspaper is a newspaper purpose of considering case file To ensure within the meaning of the act of the amendments to the Weld Inclusion o4 seer E Mail County Code. The second •qq re,paNMnaa Into General Assembly of the State of and third readings of said case CO please se thed e Ordinance will bea Colorado, entitled "An Act to regulate the considered on January 26 C e a p y to rintin of le al notices and andFebruary 18,2004.All hading®ooweld.co.rc. p g g persons in any manner advertisements" and amendments interested are requested to. REQUEST: attend said hearing =nd CODE ORDINANCE 2003. thereto; that the notice of which the may be heard. 10 IN ORE MATTER OF annexed is a printed copy taken from said Should any interes adparty, REPEALING AND RE- newspaper, was published in said desire the presence of a ENACTING, WITH court reporter to make a AMENDMENTS, rThwspaper, and in the regular and entire record oigyproceedings, SECTIONS OF THE WELD in addition to the taped COUNTY CODE, sue of every number thereof, once a record which will be kept SPECIFICALLY,CHAPTER week for / successive weeks; that during the hearing, the 21 AREAS AND Clerk to the Board sh all be ACTIVITIES OF SPECIAL said notice was so published in said INTEREST,CHAPTER 23 advised in writing of such ZONING, CHAPTER 24 newspaper proper and not in any action at least five days SUBDIVISION, AND supplement thereof, and that the first prior to the re a coourtrt UN°NIT TES PLANNED OPMENT publication of said notice as aforesaid, reporter shall be borne by the requesting pry. BOARD OF COUNTY was on the ____day of COMMISSIONERS 2003, and the last BE IT ALSO NNOWNthat WELD COUNTY, COLORADO on the/I day &-f'.- " 2003. - DATED: December 12,2003 PUBLISHED: Decernber 18, 2003, in the South PELTON PUBLISHING COMPANY LLC Weld Sun l// -By Ruth Re}toh-Roby ', 1. Its: Manager o Subscrrbed.and'swDl'Ae�td1S r' me this /� day bfit J'n-(14, J , 2003. ,;,1a . . /..7. -, / �� 7 t. -, tc._ ,MQtary Public Commission expires:/o,w ' ' 6'1' Hello