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Home My WebLink About20040016.tiff 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of the County of Weld,State of Colorado,that certain existing Chapters of the Weld County Code be,and hereby are, repealed and re-enacted,with amendments, and the various Chapters are revised to read as follows.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 Recordcr 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. 2004-0016 PAGE 1 ORD2003-10 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) twenty one (21) days after the mailing of the application. The failure of anyagency 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 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 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. 2004-0016 PAGE 2 ORD2003-10 Amend the following definitions: HOME OCCUPATION: An incidental use of a DWELLING UNIT for gainful employment of the resident therein, where: A through F - No change G. A home occupation not loeated within an approved or recorded subdivision plat or LOTS part of a ap Ia rf,I�J pdjrtu-emluptiu.n,Fa y,eyctlall ,,� controlling subdivi3ion3A 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 Dane (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 similartypes 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. LANDSCAPE/NO: 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 LANDSCAPEINO, the treatment or repair of all diseased, insect-ridden, broken or vandalized LANDSCAPEfNG, 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 u3ed as an Acce33ory 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 2004-0016 PAGE 3 ORD2003-10 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 Ic33 than thirty (30) days nor more than aixty (60) days after the complete application has been 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 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 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. 2004-0016 PAGE 4 ORD2003-10 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 more 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: 2004-0016 PAGE 5 ORD2003-10 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 acceptable to the Department of Planning Cervices. 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)inches high by thirty-six (3C) inches widoprepared 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: 2004-0016 PAGE 6 ORD2003-10 1 through 6 - No change. 7. A geotechnicalsoil survey 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 by a 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. 2004-0016 PAGE 7 ORD2003-10 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 determine find: 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 CI lot',Jo° ttec-sTEMPORARY 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 2004-0016 PAGE 8 ORD2003-10 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 LANDSCAPE+NG plan delineating the existing and proposed trees,shrubs, ground covers, natural features such as rock outcroppings and other LANDSCAPEHdG elements. The plan shall show where LANDSCAPE{NG exists orwill 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 LANDSCAPEI++G 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. A vicinity 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 shect 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- 2004-0016 PAGE 9 ORD2003-10 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 the 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 2004-0016 PAGE 10 ORD2003-10 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 lcgal dc3cription of the parccl3 and review of other 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 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 County Department of Planning Services. 11. Asign 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. 2004-0016 PAGE 11 ORD2003-10 d. Applicant's name. e. Size of parcel of land. f. Type of request. 12 - No change. 13. Proposed LANDSCAPE+NG 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 LANDSCAP{NGE 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 LANDSCAPE{NG 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 2004-0016 PAGE 12 ORD2003-10 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)days after the complete application has been submitted within sixty (60) days. 2. Arrange for a public notiee of the hearing by the Planning Commission to be published once in the newspaper designated by the Board of County Commissioners for publication of notices a minimum of ten (10)days 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. 2004-0016 PAGE 13 ORD2003-10 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 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. 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,major water features and major transportation 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 2004-0016 PAGE 14 ORD2003-10 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. Aa soon 03 practicable after a dcci3ion ha3 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 Existing ground elevations,above mean sea lovel,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. 2004-0016 PAGE 15 ORD2003-10 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. A3 soon 03 practicable after a dcciaion ha3 bccn 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. 2004-0016 PAGE 16 ORD2003-10 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 for a 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 PUDs 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 Chapter 24 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 LANDSCAPEENG 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 fora 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. 2004-0016 PAGE 17 ORD2003-10 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) {10) 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 Clcrk 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. 2004-0016 PAGE 18 ORD2003-10 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 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. U. A sign shall be posted on the property under consideration for the PUD Plan. The sign shall be posted bythe Department of Planning Services,which shall certify that the sign has been posted at least fifteen (15) ten (10) days preceding the hearing date and evidences with a photograph. The sign shall be provided bythe 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 PUD 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-22 21/2' caliper Small ornamental& flowering trees 1W to 1W caliper 2004-0016 PAGE 19 ORD2003-10 Type Size Evergreen trees 5't -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 LANDSCAPE+P}G. 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(CO)days after receipt of the Planning Commi3sion's recommcndation, 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)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 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. 2004-0016 PAGE 20 ORD2003-10 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 2004-0016 PAGE 21 ORD2003-10 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 2004-0016 PAGE 22 ORD2003-10 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 r RODUCTIOM 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 Standardsoulk Requircmenta. 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 CUPP'ORT 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. 2004-0016 PAGE 23 ORD2003-10 G. Bulk RequirementsPerformance 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-over 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 2004-0016 PAGE 24 ORD2003-10 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. 2004-0016 PAGE 25 ORD2003-10 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 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.. 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 2004-0016 PAGE 26 ORD2003-10 (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 Athrough 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. 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 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 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 2004-0016 PAGE 27 ORD2003-10 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 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. 23-4-190. Temporary accessory use as office. A. A zoning permit for the USE of one (1) MOBILE HOME or MANUFACTURED STRUCTURE in the A(Agricultural)Zone District as an OFFICE USE accessory to the USE allowed by right may be permitted upon a determination by the Department of Planning Services that: 1. The MOBILE I IOME or MANUFACTURED STRUCTURE is necessary for the effective and economic operation of the principal USE. 2. The MOBILE I IOME or MANUFACTURED STRUCTURE will not be used for residential purposes. 3 through 4 - No change. 5. The MOBILE I IOME or MANUFACTURED STRUCTURE isi.A-ti cfirst MOBILE I IOME or MANUFACTURED STRUCTURE on the parcel of land. Where the MOBILE I IOME will be the first unit on a parcel of land, the MOBILE I IOME request shall follow the applieation procedures under the provisions of Section 23-4-200 below. C. The applicant must obtain a BUILDING permit for the MOBILE I IOME o. 2004-0016 PAGE 28 ORD2003-10 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 I TOME MANUFACTURED STRUCTURE as an accessory OFFICE unit in the A(Agricultural)Zone District may be issued by the Department of Planning Services upon a determination that the criteria of Paragraphs A.1 through A.5 above and Section 23-4-230.B below are met. If the applicant is not able to meet the criteria stated in Paragraphs A.1 through A.5 above, the zoning permit may be issued only upon the approval by the Board of County Commissioners. The Board shall review the application for compliance with the criteria set out in Paragraphs A.1 through A.5 above at a regularly scheduled meeting of the Board. The Board of County Commissioners shall give notice of the application for a zoning permit and the meeting date to those persons listed in the application as owners of property located within five hundred(500)feet of the parcel under consideration. Such notification shall be mailed,first class, not less than ten (10)days before the scheduled meeting. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permit process,even if such error results in the failure of a surrounding property owner to receive such notification. The Department of Planning Services shall post a sign for the applicant on the property in question indicating that a MOBILE 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 I IOME 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 IOME 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 2004-0016 PAGE 29 ORD2003-10 of County Commissioners shall give notice of the application fora 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 2004-0016 PAGE 30 ORD2003-10 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 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. 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 2004-0016 PAGE 31 ORD2003-10 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 e�t,lli„ „duic,.,ttjt,t-W, u;tk,, Fk,r rights,the applicant shall either present an agreement with a watcr 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 2004-0016 PAGE 32 ORD2003-10 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 Courtfor 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 maybe 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 2004-0016 PAGE 33 ORD2003-10 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 TOME PAD. 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,fully enclosed 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-or 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 0 29-2-110.B 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 B 29-2-110.6 of this Code. No change to remainder of section. Chapter 24 ARTICLE II 2004-0016 PAGE 34 ORD2003-10 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) days. 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) Jay,. 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(60)days. 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 2004-0016 PAGE 35 ORD2003-10 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(60)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) days, 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 2004-0016 PAGE 36 ORD2003-10 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 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) 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 five (45) day. 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 complctc 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. 2004-0016 PAGE 37 ORD2003-10 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 as 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 eriteria: bear original signatures and seals; be made from a dimensionally stable polyester sheet such as cronar,Mylar orother 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.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 2004-0016 PAGE 38 ORD2003-10 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 alb-rwLt,,ittal. 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-fer the 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 fora 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 fora minor subdivision final 2004-0016 PAGE 39 ORD2003-10 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 ferthe 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 twothousand(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 2004-0016 PAGE 40 ORD2003-10 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 rcceivcd, 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 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. B.9 through C.1 - No change. a. The Planner shall schedule a Planning Commission meeting date within ninety(90)not more than sixty(60)days after the complete application has been submitted. b through d - No change. e. 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-Sof 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 2004-0016 PAGE 41 ORD2003-10 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 fora 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 submita 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 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. 6 through E.3 - No change. 4. 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 2004-0016 PAGE 42 ORD2003-10 publicly maintained road right-of-way. The Department of Planning Services shall certifythat the sign has been posted farthe 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. After a 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) day°. No change to remainder of section. Article VII Resubdivision Design Standards Sec. 24-7-10. Compliance required. All subdivisions, except minor subdivisions, 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. 2004-0016 PAGE 43 ORD2003-10 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 by a generally accepted 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 Chapter 23,26 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 fora recorded exemption on a parcel which has been part of a recorded exemption which was approved or had an application pending as of October 25, 1995. Nor will it prohibit the approval within ten(10)years of an additional application fora recorded exemption on a parcel which has been part of a recorded exemption which was recorded after October 25, 1995. This shall be in accordance with Article III, Section 3-14(2)of the I tome 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, 2004-0016 PAGE 44 ORD2003-10 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 Aof 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 maybe 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. 2004-0016 PAGE 45 ORD2003-10 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 Chapter 8,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-wi+f 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 was done in conjunction with a recorded exemption approved within the last ten (10) five (5) years. unless the original exemptions had an 2004-0016 PAGE 46 ORD2003-10 application pending a3 of October 25, 1005. 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. For a two-lot recorded exemption,the larger parcel shall be designated Lot B. For a three-lot recorded exemption,the medium-sized parcel shall be designated Lot B and the largest parcel shall be designated Lot C. 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 2004-0016 PAGE 47 ORD2003-10 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 0 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 024 8-40.B.1 through B.6 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 24-0-70 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 24-8-5024-8-150. D. The date for calculating compliance with the timing provisions of Section 24-8-40.M24 8 80.1 F 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 2004-0016 PAGE 48 ORD2003-10 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 24-0-80.l I 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 applyflexibility 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 2004-0016 PAGE 49 ORD2003-10 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%) 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(21/2) 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. 2004-0016 PAGE 50 ORD2003-10 Article III 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: 69--09120 *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 100240 Conceptual Guide 150 105270 *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, 2004-0016 PAGE 51 ORD2003-10 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 flan and Chapter 24. Improvements may include the construction of travel lanes, shoulders, bike lanes, medians, curb, gutter and sidewalks, for example. Required improvements mayalso include the acquisition of right-of-way and 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 roadway construction 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) twcnty 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 ndjaccnt County)Clcrk and Rccordcr,by a person qualified to do the task 2004-0016 PAGE 52 ORD2003-10 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 Plan 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 2004-0016 PAGE 53 ORD2003-10 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 PUD3 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.-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. 2004-0016 PAGE 54 ORD2003-10 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 less 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 fora 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 fifteen (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. 2004-0016 PAGE 55 ORD2003-10 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-h j 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 Transportation Plan 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. 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 2004-0016 PAGE 56 ORD2003-10 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 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 from a title or abstract company or an attorney derived from such records.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. 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: 2004-0016 PAGE 57 ORD2003-10 a. Set a Board of County Commissioners hearing date within not less than forty five (45)days nor , 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 (600)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. 2004-0016 PAGE 58 ORD2003-10 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)feetora 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 Chapter22,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(21367%)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 any section,subsection,paragraph,sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such 2004-0016 PAGE 59 ORD2003-10 decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph,sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. The above and foregoing Ordinance Number 2003-10 was, on motion duly made and seconded, adopted by the following vote on the 18th, day of February, A. D., 2004. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Robert D. Masden, Chair Weld County Clerk to the Board William H. Jerke, Pro-Tem BY: Deputy Clerk to the Board M. J. Geile APPROVED AS TO FORM: David E. Long County Attorney Glenn Vaad Publication: December 18, 2003 First Reading: January 5, 2004 Publication: January 15, 2004, in the South Weld Sun Second Reading: January 26, 2004 Publication: February 5, 2004, in the South Weld Sun Final Reading: February 18, 2004 Publication: February 26, 2004, in the South Weld Sun Effective: March 1, 2004 2004-0016 PAGE 60 ORD2003-10 APPENDIX 24-G RESUBDIVISION PLAT CERTIFICATES Certificate of Approval by the Board of County Commissioners: This plat is accepted and approved by the Board of County Commissioners of Weld County, State of Colorado. Witness my hand and the corporate seal of Weld County this day of A.D.,20 Chair, Board of County Commissioners ATTEST: Weld County Clerk to the Board By: Deputy Clerk to the Board Date Certificate of Approval by Planning Commission: This is to certify that the Weld County Planning Commission does hereby recommend to the Board of County Commissioners, Weld County, Colorado, for their confirmation, approval and adoption the plat as shown and described hereon this day of A.D.,20 2004-0016 PAGE 61 ORD2003-10 Hello