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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hereby are, repealed and re-enacted,with amendments,and the various Chapters are revised to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 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 Planning Department.
Sec. 21-2-260. Duties of Department of Planning Services.
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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 any agency to respond twenty-eight(28)twenty one(21)
days may be deemed to be a favorable response to the Planning Commission. The
reviews and comments solicited by the referral are intended to provide the County
with information about the proposed activity. The Planning Commission and Board
of County Commissioners may consider all such reviews and comments and may
solicit additional information if such information is deemed necessary. The reviews
and comments submitted 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.
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Amend the following definitions:
HOME OCCUPADON: An incidental use of a DWELLING UNIT for gainful employment of
the resident therein, where:
A through F - No change
G. A homc occupation not located within an approved or rccordcd subdivision
plat or LOTS part of a map or plan filed prior to adoption of any regulations
controlling subdivisionsA HOME OCCUPATION may include accessory
parking of a single vehicle which must be primarily associated with a
permitted home occupation. A HOME OCCUPATION located wWithin an
approved or recorded subdivision plat or LOTS part of a map or plan filed
prior to adoption of any regulations controlling subdivisions,shall be allowed
one (1)vehicle no larger than one (1)ton gross vehicle weight or one
(1) trailer which cannot exceed fifteen (15) feet and related to and
operated in conjunction with the HOME OCCUPATION. A HOME
OCCUPATION located outside of a subdivision or unincorporated
town, shall be allowed oene (1) car, truck, delivery van, semi-tractor
and/or trailer,dump truck or similartype vehicle may be included. This is not
intended to include excavation equipment,cement mixers,heavy equipment
or similar types of generally unlicensed vehicles or equipment. When parked
on the site, the vehicle associated with the home occupation must be
reasonably concealed and appropriately screened from all adjacent
properties and public rights-of-way.
LANDSCAPEINC: 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.
LANDSCAPE+Ne MAINTENANCE: The regular irrigation,weeding,fertilization, mowing,
trash cleanup and pruning of all LANDSCAPE+NG,the treatment or repair of all diseased,
insect-ridden, broken or vandalized LANDSCAPE+NG, and the replacement of dead or
irreparable LANDSCAPE+NG in substantially similar kind.
MANUFACTURED HOME(This definition applies only to MANUFACTURED HOMES when
used in the administration of a Flood Hazard Overlay District Development Permit or the
Flood Hazard Overlay District): A STRUCTURE transportable in one(1)or more sections,
which is built on a permanent chassis and is designed for USE withor without a permanent
foundation when connected to the required utilities. This term also includes park trailers,
travel trailers and other similar vehicles placed on a site for greater than one hundred eighty
(180) consecutive days. A MANUFACTURED (MOBILE) HOME shall not be allowed to
deteriorate to the condition of a DERELICT MANUFACTURED (MOBILE) HOME.
MOBILE HOME (This definition applies only to MOBILE HOMES when used in the
administration of a Flood Hazard Overlay District Development Permit or the Flood Hazard
Overlay District.): A MOBILE HOME shall be required to have a permanent engineered
foundation and be used as an Accessory 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
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above the Base Flood Elevation.
Article II
Procedures and Permits
Sec. 23-2-20. Duties of Department of Planning Services.
A. Any person wanting to apply for a Change of Zone shall arrange for a pre-
application conference with the Department of Planning Services. The
Department of Planning Services shall be responsible for processing all applications
for Change of Zone in the unincorporated areas of the COUNTY. The Department
shall also have the responsibility of ensuring that all application submittal
requirements are met prior to initiating any official action as listed below.
B. Upon determination that the application submittal is complete, the Department of
Planning Services shall:
1. Set a Planning Commission hearing date within sixty (60) days not less
than thirty (30) days nor more than sixty (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.
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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 leas than fifteen (15)days and not morc than forty
five(45)days after receipt of the Manning 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:
2004-0332
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 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 - 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
Services. product of equal quality, three (3) millimeters or greater in
thickness. The plat shall bear original signatures and seals in
permanent black ink. The size of each shall be twenty-four(24)inches
in height by thirty-six (36) inches in width. The mixing of sheet sizes
is prohibited. No plat submitted shall contain any form of stick-on type
material such as,but not limited to"sticky-back,"adhesive film or kroy
lettering tape.
2. The dimensions of the map shall be twenty-four(24)inches high by thirty-six
(36) inches wideprepared 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:
2004-0332
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 whether a 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 Serviees 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.
2004-0332
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 3a1c of fireworks or the TEMr'ORARY salt of Christman
trecsTEMPORARY 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
2004-0332
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
LANDSCAPEING elements. The plan shall show where LANDSCAPE+NG
exists or will be located,along with planting and construction details,species
name and size. Where existing plantings are to be retained, the applicant
shall include in the plan proposed methods of protecting the plantings during
construction.
5. The applicant shall submit to the Department of Planning Services a
maintenance plan for the proposed LANDSCAPE+NG 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 sheet such as eronar 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-
2004-0332
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
2004-0332
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 legal description of the
parcel3 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 Recorder by a person qualified to do the task, and shall be current
as of a date no more than thirty(30)days prior to the date the application is
submitted to the County Department of Planning Services.
11. A sign shall be posted for the applicant on the property under consideration
for a Use by Special Review permit. The sign shall be posted adjacent to
and visible from a publicly maintained road right-of-way. In the event the
property under consideration is not adjacent to a publicly maintained road
right-of-way,one(1)sign shall be posted in the most prominent place on the
property and a second sign posted at the point at which the driveway
(access drive)intersects a publicly maintained road right-of-way. The sign
shall be posted at least ten (10) days prior to the hearing and evidenced
with a photograph. The sign will include the following information:
a. Use by Special Review number.
b. Date, time and place of public hearing.
c. Location and telephone number of the public office where
additional information may be obtained.
2004-0332
PAGE 11 ORD2003-10
d. Applicant's name.
e. Size of parcel of land.
f. Type of request.
12 - No change.
13. Proposed LANDSCAPE{WG 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 LANDSCAPR4GE 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
2004-0332
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. Seta 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 notice of the hearing by the Planning Commission to be
published oncc 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.
2004-0332
PAGE 13 ORD2003-10
Sec. 23-2-370. SubmissionApplication requirements.
Submi33ion Application Requirements. An adequate number of copies of the application
for a Special Review Permit shall be submitted by the applicant to the Department of
Planning Services. An application for a Special Review Permit shall contain the following
information in such form as prescribed by the Department of Planning Services.
A through D.14.g - No change.
h. An affidavit listing the names and addresses of mineral owners and
lessees of mineral owners on or under the parcel of land being
considered. The list shall be prepared from the real property records
of the County Clerk and Recorder by a person qualified to do the
task, and shall be current as of a date no more than thirty(30)days
prior to the date the application is submitted to the Department of
Planning Services.
No change to the remainder of section.
Sec. 23-2-390. Drawing requirements for utility line plan maps.
A through C.1 - No change.
2. Be drafted in black drawing ink on Mylar or other drafting media approved by
the Director of Planning Services.
3. Include a vicinity map at a suitable scale (1" = 2000' minimum) which
displays the location of the approved route within the County and its
relationship to towns,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
or expansion 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 Ditrict Development Permit-Delete words"Overlay
District"throughout.
Sec. 23-2-470. Duties of Department of Planning Services.
A - No change
2004-0332
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. A3 soon 03 practicable after a decision has been reached, tThe Department of
Planning Services shall notify the applicant within forty-five(45)days of the action
taken on the FLOOD HAZARD Development Permit.
No change to remainder of section.
Sec. 23-2-490. Application requirements.
FLOOD HAZARD Development Permit applications submitted for review shall include the
following information. Applications containing less than the specified requirements shall not
be accepted for review unless the applicant has submitted to and had approved by the
Department of Planning Services written justification as to why a particular requirement does
not pertain to the proposed development.
A through C.3 - No change
4 Existing ground elevations,above mean sea Ievcl,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.
2004-0332
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. As soon as practicable after a decision has been reached, tThe Department of
Planning Services shall notify the applicant within forty-five(45)days, in writing,
of the action taken on the GEOLOGIC HAZARD DEVELOPMENT Permit.
Remainder of section - No change.
Sec. 23-2-590. Application requirements.
GEOLOGIC HAZARD DEVELOPMENT Permit applications submitted for review shall
include the following information. Applications containing less than the specified
requirements shall not be accepted for review unless the applicant has submitted to and had
approved by the Department of Planning Services written justification as to why a particular
requirement does not pertain to the proposed DEVELOPMENT.
A. A map portraying the geologic conditions of the area with particular attention given
to the specific regulated GEOLOGIC HAZARDS. The map shall be delineated in
black drawing ink on Mylar or other drafting medium approved by the Department of
Planning Services. The dimensions of the map shall be twenty-four(24)inches by
thirty-six (36) inches. The map shall be prepared at a scale of one (1) inch equals
one hundred (100)feet and shall include the parcel in question,as well as features
within five hundred (500)feet of the parcel boundaries. The scale of the map may
be reduced or enlarged upon approval of the Department of Planning Services.
Such map shall also include:
1 through 6.b - No change.
c. Property Owners Certificate
No change to remainder of section.
Sec. 23-2-650. Intent.
2004-0332
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 fora PUD District
shall comply with the provisions of Article III, Division 5 of this Chapter. The PUD District
shall be subject to the requirements contained in Articles IV and V of this Chapter. (Refer
to Table 27.1 for PUD Time Parameters.)
Sec. 23-2-670. Sketch Plan Application submittal Requirements.
The following completed information, data and maps are required:
A.1 through A.4 - No change.
5. A general statement describing the PUDs source of water and type of
system.
6. A general statement describing the 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 LANDSCAPE+NG plan for the PUD site.
No change to remainder of section.
Sec. 23-2-690. PUD District Application submittal Requirements.
The following completed information,data and maps are required for a PUD change of zone
district.
A through A.7 - No change.
8. A description of the water source and system and a statement from the
representative of the provider of the water system which demonstrates that
the water supply quality and quantity is sufficient to meet the requirements
of the uses within the PUD District. A PUD District with residential USES
shall be served bya PUBLIC WATER system. If proposing a cluster PUD,
see Section 27-10-10.
9 through 14 - No change.
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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.
2004-0332
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 Recorder by a
person qualified to do the task, and shall be current as of a date no more than
thirty (30) days prior to the date the application is submitted to the Department of
Planning Services.
U. A sign shall be posted on the property under consideration for the PUD Plan. The
sign shall be posted bythe Department of Planning Services,which shall certifythat
the sign has been posted at least fifteen (15) ten (10) days preceding the
hearing date and evidences with a photograph.
Ocpartmcnt of Planning 0ervicc3. 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' 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-2121/2"caliper
Small ornamental&
flowering trees 11h"to 1%"caliper
2004-0332
PAGE 19 ORD2003-10
Type Size
Evergreen trees 5'-to-6'in height
Shrubs Adequate size to be
consistent with design
intent, 5 gallon can
minimum.
g - No change.
E through E.9 - No change
10. Location and description of proposed SCREENING, buffering and
LANDSCAPE{NG.
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(GO)days-after
receipt of the Planning COI fli �n�i,', rece tc,,,Jatie,r, 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.
2004-0332
PAGE 20 ORD2003-10
No change to remainder of section.
Article Ill
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
2004-0332
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
2004-0332
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 PRODUCTION STORAGE FACILITIES.
2. AIRSTRIPS when they are ACCESSORY to the Use Allowed by Right.
3. COMMERCIAL JUNKYARD or salvage YARD.
4. Asphalt and Concrete Batch Plants.
5. Coal Gasification Facilities.
6. Open Pit Mining and Materials Processing subject to provisions of
Article IV, Division 4 of the Chapter.
7. Microwave, Radio, Television or other Communication Towers over
forty-five (45) feet in height (measured from ground level).
E through F - No change.
G. Performance Standardsfulk Rcetc,A�„t0.
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 DUPP RTC=ND-reERweE 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.
2004-0332
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-ever six (6) feet in height are not required to comply with the
minimum OFFSET and may be located on the property line.
G through L - No change.
M. All external lighting shall be designed in accordance with Section 23-2-160.V.6.
Article IV
Supplementary District Regulations
Sec. 23-4-130. Permit requirements.
No MOBILE HOME/MANUFACTURED STRUCTURE may be located or relocated in the
County after August 25, 1981, except in accordance with this Division, including the
issuance of any zoning permit which may be required by this Section. Each MOBILE
HOME/MANUFACTURED STRUCTURE located or relocated in the County after said date
must have a BUILDING permit for a MOBILE HOME/MANUFACTURED STRUCTURE
issued pursuant to Chapter 29 of this Code. An application for any zoning permit for a
MOBILE HOME/MANUFACTURED STRUCTURE required by this Division shall include
the following:
A through E - No change.
F. A sketch plan of the site at the scale of one(1)inch represents fifty(50)feet or other
suitable scale to show:
1. The proposed location of the MOBILE HOME/MANUFACTURED
STRUCTURE, including distances from the property LOT lines and other
STRUCTURES on the property.
2. Access to the MOBILE HOME/MANUFACTURED STRUCTURE indicating
whether the access is existing or proposed.
3 through 6 - No change.
G. Methods of disposal of sewage or other wastes in compliance with the requirements
of the Colorado Department of Health and the County Department of Public Health
2004-0332
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
Districtforthe 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.
2004-0332
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,safetyand 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
2004-0332
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 A through D above,
as well as compatibility of the MOBILE HOME with the surrounding area, harmony
with the character of the NEIGHBORHOOD,its effects upon the immediate area and
the general health, safety and welfare of the inhabitants of the area and the
COUNTY.
Sec. 23-4-170. Temporary accessory farm use.
A through B - No change.
C. 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
2004-0332
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 I IOME 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 e. 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 TOME or MANUFACTURED STRUCTURE i. i,c,t—tieFirot
MOBILE I IOME or MANUFACTURED STRUCTURE on the parcel of land.
Where the MOBILE I TOME will be the first unit on a parcel of land, the
MOBILE I IOME request shall follow the application procedures under the
Nrvdisiona of Section 23 4-200 below.
6. The applicant must obtain a BUILDING permit for the MOBILE I IOME v,
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MANUFACTURED STRUCTURE and complywith all installation standards
of Chapter 29 of this Code.
B - No change.
C. A zoning permit for more than one (1) MOBILE I IOME or MANUFACTURED
STRUCTURE as an accessory OFFICE unit in the A(Agricultural)Zone District may
be issued by the Department of Planning Services upon a determination that the
criteria of Paragraphs A.1 through A.5 above and Section 23-4-230.6 below are met.
If the applicant is not able to meet the criteria stated in Paragraphs A.1 through A.5
above, the zoning permit may be issued only upon the approval by the Board of
County Commissioners. The Board shall review the application for compliance with
the criteria set out in Paragraphs A.1 through A.5 above at a regularly scheduled
meeting of the Board. The Board of County Commissioners shall give notice of the
application for a zoning permit and the meeting date to those persons listed in the
application as owners of property located within five hundred(500)feet of the parcel
under consideration. Such notification shall be mailed,first class, not less than ten
(10)days before the scheduled meeting. Such notice is not required by state statute
and is provided as a courtesy to surrounding property owners (the surface estate).
Inadvertent errors by the applicant in supplying such list or the Department of
Planning Services in sending such notice shall not create a jurisdictional defect in
the permit process,even if such error results in the failure ofa 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 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 HOME 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
2004-0332
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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
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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
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4) The analysis should address the issue of evaporative
losses consumed from exposed groundwater including
a discussion of the feasibility of lining.
b. Water Replacement Source:
1) A description of the surface and well water rights and
their anticipated yields when converted to be used as
replacement for the water consumed in the mining
operation.
2) Projections as to the mining of replacements to the
river system from these sources
3) A description of methods proposed to monitor, prevent
and mitigate against direct injury to users for wells in
the vicinity of the gravel operation as a result of
alterations in the groundwater regime occasioned by
the mining operation or to said impacts
Sec. 23-4-280. Supporting documents.
The following documents or any other similar documents shall be submitted by the applicant
if deemed necessary by the Board of County Commissioners for the protection of the health,
safety and welfare of the inhabitants of the County.
A - No change
B. Plans for obtaining water supplies to replace water consumed by mining and
processing of the material including dust control, consumed for domestic
purposes by employees and consumed by evaporative losses from exposed
groundwater for the mining operation.
No change to remainder of section.
Sec. 23-4-290. Operations policies.
The policies outlined below represent a minimum model for operations standards for the
proposed USE. Stricter standards may be imposed by the Board of County Commissioners
during the review process to ensure the protection of the health, safety and welfare of the
inhabitants of the County.
A through J - No change.
K. The USE will not cause injury to vested or conditional water rights. If the USE may
result in injury to vested or conditional water rights,the applicant shall either present
an agreement with a water conservancy-district or water user group which
encompasses the location of the use within its boundaries Prior to recording the
Plat or at a time designated by the Board of County Commissioners, a copy
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of a well permit supported by a plan of exchange or substitute supply approved
by the State Engineer or a decreed plan for augmentation approved by the District
Court for Water Division No. 1 which prevents injury to vested and conditional water
rights shall be submitted to the Department of Planning Services.
Sec. 23-4-370. Outdoor shooting ranges.
A. A Special Review Permit to operate an outdoor shooting range, if approved shall
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. 234-460. Application requirements for permit.
The purpose of the application fora 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 (1 6) 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
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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 bc con3idcrcd to bc the elevation,above mean 3ca 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
1 IOME PAD, ELEVATED to or above the REGULATORY FLOOD DATUM. NEW
CONSTRUCTION, replacement or SUBSTANTIAL IMPROVEMENT of
STRUCTURES other than 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-er 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 20-2100 0 29-2-110.6 of this Code.
M. All MOBILE HOMES shall be elevated and anchored to resist flotation, collapse or
lateral movement. MOBILE HOMES shall be anchored in accordance with
Subsection 20-2-00 B 29-2-110.B of this Code.
No change to remainder of section.
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Chapter 24
ARTICLE II
Minor Subdivision and Major Subdivision Process
Sec. 24-2-10. Minor subdivision process and Time Parameters.
A. The minor subdivision is subject to a three-step review and approval process. The
sketch plan submittal is the first step and is described in Section 24-3-20 of this
Chapter. After a complete application is received, the sketch plan should be
completed within sixty (60) days within forty-five (45) 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) days. The Planner should be consulted for the correct
application fee.
C. The third step is the final plat submittal process and is described in Section 24-3-50
of this Chapter. The final plat review process should be completed within ninety
(90) days within sixty(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 bya 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.
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B. The second step is the change of zone process found in Section 24-4-20 of this
Chapter. After a complete application is received, the change of zone process
should be completed within one hundred forty(140)days within one hundred twenty
(120) days. The Planner should be consulted for the correct application fee.
C. The third step is the preliminary plan submittal process. Copies of the preliminary
plan are sent to referral agencies for review and comment. A public meeting may
be scheduled by a municipality if it is within three(3)miles of the subdivision site or
if the subdivision is within an urban growth boundary as defined and adopted in any
approved intergovernmental agreement. The Planner shall schedule separate public
meetings before the Utility Coordinating Advisory Committee and Planning
Commission. The Clerk to the Board shall schedule a public hearing before the
Board of County Commissioners. After a complete application is received, the
preliminary plan review should be completed within ninety(90)Sixty(CO)days. The
Planner should be consulted for the correct application fee. The preliminary plan is
explained in Section 24-4-30 of this Chapter.
D. The fourth step is the final plat submittal process. The Clerk to the Board schedules
a hearing before the Board of County Commissioners. The final plat review process
should be completed within forty-five (45) to sixty (60) days thirty (30) daya,
provided that it complies with the approved preliminary plan. The Planner should be
consulted for the correct application fee. The final plat is explained in Section 24-4-
40 of this Chapter.
Table 24.1(b): Major Subdivision
Processing Steps Types of Approval Approximate Days
Sketch Plan Administrative 60
Change of zone Board of County 140
Commissioners
Preliminary Plan Board of County 90
Commissioners
Final Board of County *45 or 60
Commissioners
Total: 335-350
*Dependent upon compliance with Preliminary Plan
Article Ill
Minor Subdivisions
Sec. 24-3-10. Procedure.
The minor subdivision procedure is a process for development and review of subdivisions
proposing a maximum of nine (9) lots, excluding those outlots which will not be used for
residential, industrial or commercial purposes. The minor subdivision process utilizes the
minor subdivision sketch plan application process and the minor subdivision final plat
process of this Chapter. Any person wanting to apply for a Minor Subdivision shall
arrange for a pre-application conference with the Department of Planning Services.
2004-0332
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No change to remainder of section
Sec. 24-3-20. Sketch plan.
An applicant shall submit a complete minor subdivision sketch plan application with the
required number of application copies and application fee to the Planner. The required
number of application copies shall be determined by the Planner. The following completed
information and maps are required:
A through J - No change.
K. A minor subdivision sketch plan vicinity map shall be drawn 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) 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)days after a complete
application has been submitted. The purpose of the meeting will be to advise the
applicant of any problems discovered during the review of the 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 zonc 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
2004-0332
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received,the change of zone process should be completed within one hundred twenty(120)
days. The Planner should be consulted for the correct application fee.
Sec. 24-3-50. 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 83 cronar, Mylar
or other product of equal quality;be at least three(3)millimeters in thickness;
and all components, including signatures, shall be made with nonfading
permanent black ink.
3. The minor subdivision final plat submitted shall contain the original
signatures and seals of all parties required. The plat shall meet the following
criteria: bear original signatures and 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.Repealed.
No change to remainder of section.
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Sec. 24-3-60. Final plat processing and review procedure.
The Planner shall be responsible for processing all minor subdivision final plat applications
in the unincorporated areas of the County. The Planner shall also have the responsibility of
ensuring all application submittal requirements are met prior to processing the application.
Once a complete application is submitted:
A. The Planner shall schedule a Planning Commission meeting date within sixty(60)
daysnot more than forty-five (45) days after the complete application has been
submitted unless the applicant agrees or requests a hearing date more than forty-
five (45) days after submittal.
B - No change.
C. The Planner shall give notice of the proposed minor subdivision final plat and the
public hearing date to those persons listed in the application as owners of property
located within five hundred (500) feet of the parcel under consideration. Such
notification shall be mailed, first class, not less than ten (10) days before the
scheduled public hearing. Inadvertent errors by the applicant in supplying such
list or the Board of County Commissioners in sending such notice shall not
create a jurisdictional defect in the hearing process, even if such error
results in the failure of a surrounding property owner to receive such
notification.
D - No change.
E. The Planner shall post a sign on the property under consideration for a minor
subdivision final plat. The sign shall be posted adjacent to and visible from a publicly
maintained road right-of-way. In the event the property under consideration is not
adjacent to a publicly maintained road right-of-way, one (1)sign shall be posted in
the most prominent place on the property and a second sign shall be posted where
a driveway(access drive) intersects a publicly maintained road right-of-way. The
Department of Planning Services shall certify that the sign has been posted-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 for a minor
subdivision rests with the Board of County Commissioners.
2004-0332
PAGE 39 ORD2003-10
H through K - No change.
L. The Clerk to the Board shall give notice of the application fora minor subdivision final
plat and the Board's public hearing date to those persons listed in the application as
owners of property located within five hundred (500) feet of the parcel under
consideration. The notification shall be mailed, first class, not less than ten (10)
days before the scheduled public hearing. Inadvertent errors bythe 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
two thousand(2,000)six hundred(600)feet,unless otherwise approved by
the Planner, composed of one (1)or more sheets with an outer dimension
of twenty-four (24) by thirty-six (36) inches showing the following items:
a through e - No change
B.12 through C.1 - No change
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2 Schedule a meeting with the applicant within forty-five(45)days after
a complete application has been submitted. The purpose of the
meeting will be to advise the applicant of any problems discovered
during the review of the sketch plan application,discuss comments
and issues raised by referral agencies, and review the preliminary
plan procedures. A sketch plan application shall be completed prior
to submitting a preliminary plan application.
Sec. 24-4-20. Change of zone.
An applicant shall submit a complete change of zone application following the procedures
in Chapter 23, Article II, Division 1 of this Code. After a complete application is received,
the change of zone process should be completed within one hundred twenty(120)days.
The Planner should be consulted for the correct application fee.
Sec. 24-4-30. Preliminary plan.
Any person wanting to apply for a Major Subdivision shall arrange for a pre-
application conference with the Department of Planning Services.
A through B.7 - No change
8. An affidavit listing the names and addresses of all mineral owners and
lessees of mineral owners on or under the parcel of land being considered.
The list shall be prepared from the real property records of the County Clerk
and 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.
B.9 through C.1 - No change.
a. The Planner shall schedule a Planning Commission meeting date
within ninety(90)not more than sixty(CO)days after the complete
application has been submitted.
b through d - No change.
e. The Planner shall post a sign on the property under consideration of
a major subdivision final plat. The sign shall be posted adjacent to
and visible from a publicly maintained road right-of-way. In the event
the property under consideration is not adjacent to a publicly
maintained road right-of-way,one(1)sign shall be posted in the most
prominent place on the property and a second sign shall be posted
where a driveway (access drive) intersects a publicly maintained
road right-of-way. The Department of Planning Services shall certify
that the sign has been posted-far the ten (10) days preceding the
hearing date. Each sign shall show the following information:
1 through 6 - No change.
f- No change.
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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 bythe County are intended to provide the County
with information about the proposed preliminary plan. The Planning
Commission and Board may consider all such reviews and
comments and may solicit additional information if such information
is deemed necessary. The reviews and comments submitted by a
referral agency are recommendations to the County. The authority
and responsibility for making the decision to approve or deny the
request for a preliminary plan rests with the Board. The preliminary
plan referral agencies include:
g.1) through C.2 - No change.
3. The Clerk to the Board shall:
a. Set a Board public hearing to take place not more than within
forty-five (45) thirty (30) days after receipt of the Planning
Commission recommendation for consideration of the proposed
preliminary plan application.
No change to the remainder of section.
Sec. 24-4-40. Final plat.
A. An applicant shall submit a complete final plat application with the required number
of application copies and application fee to the Planner. The required number of
application copies shall be determined by the Planner. Final plats that are
intended to make minor changes to existing subdivisions may request a
waiver of some conditions at planning staffs approval. Applicant to contact
Planning Services for direction.
B through D.4 - No change
5 An affidavit listing the names and addresses of all mineral owners and
lessees of mineral owners on or under the parcel of land being considered.
The list shall be prepared from the real property records of the County Clcrk
and Rccorder, by a person qualified to do the task and shall be current
as of a date no more than thirty(30)days prior to the date the application is
submitted to the Department of Planning Services.
6 through E.3 - No change.
4. The Planner shall 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
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PAGE 42 ORD2003-10
(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 . 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 leastfourteen(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 (60) days.
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.
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PAGE 43 ORD2003-10
A through I - No change.
J. Aflag lot configuration shall be avoided when possible. The minimum width of a flag
lot appendage shall be thirty(30)feet. This access road shall be graded,twenty(20)
feet wide and clear of all encumbrances and drained to provide adequate
emergency access to the property. For access and culvert information,see Chapter
8 of this Code.
No change to remainder of section.
Sec. 24-7-130. Storm drainage design and technical criteria.
A. The engineer is to use published material bya 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),-of
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 lome 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:
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PAGE 44 ORD2003-10
1. When a contiguous ownership equals at least one hundred sixty(160)acres,
or is a parcel otherwise recognized as a complete quarter section,a portion
of the-let parcel equal to the minimum buildable lot size(eighty[80]acres)
may be used in the two lot(2) recorded exemption application. Lot B of a
two-lot recorded exemption is eligible for future land exemption five
(5)years from the date of recording the exemption plat, in accordance
with Section 24-8-40.M. Lot 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)
0crc3, or i3 a parccl othcrwi3c rccognizcd 83 a complcte 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.
94. When a contiguous ownership equals two(2)or more parcels created prior
to the initiation of subdivision regulations,a single parcel may be used in the
two (2) lot recorded exemption application.
Sec. 24-8-25. Recorded Exemption Process and Time Parameters.
After a complete application is received, the recorded exemption should be
completed within sixty (60) days.
Sec. 24-8-35. Subdivision Exemption and Time Parameters.
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PAGE 45 ORD2003-10
After a complete application is received, the recorded exemption should be
completed within forty - five (45) days unless processed with an Recorded
Exemption then the time frame will follow the Recorded Exemption process as
described in Section 24-8-40 of this Code.
Sec. 24-8-40. Exemption standards.
An exemption application shall comply with all of the following standards:
A. The water supply for all proposed lots is adequate in terms of quality, quantity and
dependability, including fire protection.
B - No change.
C. An access is, or can be made, available that provides for safe ingress and egress
to a public road. All accesses shall be in accordance with 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-wilt 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.
2004-0332
PAGE 46 ORD2003-10
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
uNNlication pcnding as of Octobcr 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.
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PAGE 47 ORD2003-10
A. The Board of County Commissioners delegates the authority and responsibility for
processing and approving exemptions to the Department of Planning Services. The
Department of Planning Services shall also have the responsibility of ensuring that
all application submittal requirements are met prior to initiating any official action.
Once a complete application is submitted, the Department of Planning Services
shall send the application to referral agencies for review and comment. The agency
shall respond within twenty-eight(28)twenty-one(21)days after the application is
mailed. The failure of any agency to respond within twenty-eight(28)twenty-one
{21) days may be deemed a favorable response. All referral agency review
comments are considered recommendations to the County. The authority and
responsibility for approval and denial of an exemption application rests with the
County.
B through C - No change.
D. When, in the opinion of the Department of Planning Services,an applicant has not
met one (1) or more of the standards of Subsections 24-8-40 A through O 24 8
170.A.1 through A.4, a hearing shall be scheduled before the Board of County
Commissioners.
E. The Board of County Commissioners shall hold a public hearing to consider the
exemption application and to take final action thereon, if the Planning Staff has
determined that the application has not met the standards of Subsections 24-8-40
Athrough O24-3-40.0.1 through 0.6 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 24-8-70 below.
Sec. 24-8-90. Exemption correction.
A through B - No change.
C. Any change to a previously approved exemption which is not a correction as defined
in Section 24-8-90.A 24-3-180 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 3 30.1i shall be the date of recording the most recent previous
2004-0332
PAGE 48 ORD2003-10
exemption associated with the parcel, not the date of the correction.
Sec. 24-8-100. Exemption amendments time provisions.
Time provisions do not apply to subdivision exemptions for adjustment of property lines
between two(2)contiguous parcels,for the creation of lots for the purpose of financing or
for the temporary use of a parcel for public utility facilities. Any change to a previously
approved exemption,which is not a correction as defined in Section 24-8-90 of this Chapter,
shall be processed as a new exemption,if eligible. The date for calculating compliance with
the timing provisions of Section 24-8-40.M 24 8 80.11 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 , Lot B,Lot
C, Lot D or the SE Lot done in conjunction, thereby not creating an additional
building site or changing the exterior boundary of the original recorded exemption or
recorded exemption, subdivision exemption combination.
No change to remainder of section.
Chapter 27
PLANNED UNIT DEVELOPMENT
Article 1
General Provisions
Sec. 27-1-10. Intent.
A. The Planned Unit Development(PUD)is intended to allow an alternative method for
property owners and developers to apply flexibility in developing land. This flexibility
is generally not possible under the normal application of Chapters 23 and 24 of this
Code. The objectives of a PUD are to:
1. Encourage innovations in residential,commercial and industrial development
so that the growing demands of the population may be met by greater variety
in type, design and layout of buildings and by the conservation and more
efficient use of common open space in the development.
2 - No change
3. Ensure that the provisions of the zoning laws which direct the uniform
treatment of dwelling type, bulk, density and common open space within
each zoning district will not be applied to the improvement of land by other
than lot-by-lot development in a manner which would distort the objectives
of the zoning laws.
No change to remainder of section.
2004-0332
PAGE 49 ORD2003-10
Article II
Performance Standards
Sec. 27-2-60. Common open space.
Common open space is defined as any usable parcel of land or water unimproved and set
aside, dedicated, designated or reserved for public or private use or for the use and
enjoyment of owners or occupants of land adjoining or neighboring such area. Common
open space includes landscape areas that are not occupied by buildings or uses such as
storage or service areas, private courtyards, parking lots and islands. In all PUD districts,
except for those containing residential uses,common open space may include landscape
setbacks adjacent to roadways,where the setbacks are not utilized as parking or storage
areas. The amount and type of common open space provided in a PUD Zone District shall
be proportional to the intensity of the zone districts called for in the PUD or uses specified
in the application,unless specifically delineated in Chapter 26. Common open space shall
be designed to be useful to the occupants and/or residents of the PUD Zone District for
recreational and scenic purposes. Common open space in the PUD Zone District shall be
owned and maintained in perpetuity by an organization established specifically for such
ownership and maintenance purposes. In nonurban scale developments with a minimum
eighty acre agricultural outlot,the preservation of the agricultural outlot may be considered
to meet the intent of the common open space rcquirement.
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)orfewer residential
lots,located in a nonurban area as defined in Chapter 22 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(2'/z)
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
2004-0332
PAGE 50 ORD2003-10
agricultural lands;riparian areas and their buffers;wetlands and their buffers;conservation
areas; buffer zones or areas; scenic areas; view corridors; floodways and floodplains;
groundwater resources and recharge areas;historic,archaeological and cultural features;
scenic viewsheds from public roads; wildlife preserves; and conservation areas. Areas
such as wetlands and their buffers; conservation areas; buffer zones or areas; scenic
areas; and view corridors are areas that may or may not allow public access. These
spaces shall serve a public purpose by providing for the protection of environmentally
sensitive lands, agricultural practices and scenic areas or corridors.
Article 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: 60--00120
*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 103270
*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.
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PAGE 51 ORD2003-10
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(S)lots or fewer is granted by the Department of Planning Services,
it shall adhere to Section 27-2-210 above. The public water system shall
also incorporate a permanent supply plan with alternatives for renewable
water sources to ensure water supply for the future.
6 through 15 - No change.
16. A statement describing how the applicant intends to design adjacent
roadways to meet the full typical section specified by Weld County
Department of Public Works in the County Transportation rlan and
Chapter 24. Improvements may include the construction of travel lanes,
shoulders, bike lanes, medians, curb, gutter and sidewalks, for example.
Required improvements may also include the acquisition of right-of-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) twenty-one (21) days after the
application is mailed. The failure of any agency to respond within twenty-eight(28)
twenty-one(21)days may be deemed as a favorable response. All referral agency
review comments are considered a recommendation to the County for review of a
sketch plan application. The referral agencies include:
No change to remainder of section.
Article V
PUD Change of Zone
Step Two
Sec. 27-5-30. Requirements for submittal.
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PAGE 52 ORD2003-10
The following items are required for submittal of the PUD change of zone:
A through B - No change
C. An affidavit listing the names and addresses of all mineral owners and
lessees of mineral owners on or under the parcel of land being considered.
The list shall be prepared from the real property records of the County(or
adjacent County)Clerk and Recorder,by a person qualified to do the task
and shall be current as of a date no more than thirty (30) days prior to the
date the application is submitted to the Department of Planning Services.
D. A certified list of the names and addresses of mineral owners and lessees
of mineral owners on or under the parcel of land being considered. The
oource of such li3t 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
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PAGE 53 ORD2003-10
roadway construction plans shall be considered by the Board of County
Commissioners.
Sec. 27-6-80. Component Five— common open space usage.
A. Intent. Common open space is an essential community asset and an important
component of a development's design in urban scale development and in any
PUD located in the MUD area. Common open space attempts to preserve
ecologically important environments, provides attractive views and space for
recreational activities and buffers the development from other land uses. The intent
of Component Five is to ensure that each development provides an appropriate
amount and type of open space within the site.
B. Common Open Space Regulations. Common open space in urban scale
development and in any PUD located in the MUD area is intended to establish
a sense of community and increase the quality and uniqueness of each site.
Common open space provides enjoyable space while adequately buffering various
uses.
1 through 3 - No change
4. The homeowners organization is responsible for liability insurance,taxes and
maintenance of common open space and recreational and other facilities.
5 through 6.b - No change
7. All PUD3 containing a rc3idcntial clement shall provide for a fiftccn percent
(15%)common open space allocation, unless otherwise stated in Chapter
2C of thi3 Codc. Departure from thi3 standard will be conaidcrcd and may
be approved by the Department of Planning services atoll as long 03 the
intent of thi3 Chapter and Chapter 2G have bcen 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.
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2. The applicant for a PUD with a common open space requirement shall
provide a statement detailing how any common open space will be owned,
preserved and maintained in perpetuity. As needed, the Planning
Commission or its representative shall compare the development to date
with the approved construction plan to determine compliance, as follows:
No change to remainder of section.
Sec. 27-6-120. Review procedure for change of zone.
A - No change.
B. Duties of the Department of Planning Services. The Department of Planning
Services shall be responsible for processing all applications fora 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) day3 nor more sixty (GO) Jay° 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 priorto the hearing. The public notice shall include a legal
description of the property being considered for off-site dedication for a public
purpose. If the cash-in-lieu option is selected, the public notice shall also
include a statement to that effect.
4 through C.1.h - No change.
C.2. The Secretary of the Planning Commission shall forward the official
recommendation of the Planning Commission and the information contained
in the official record, which includes the Department of Planning Services
case file,to the Board of County Commissioners within fifteen(15)ten (10)
days after said recommendation has been made.
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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 lesa
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.
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-rj 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 r lanandChapter24of
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
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method of guaranteeing the installation of off-site road improvements shall be
described as part of the agreement. The method of guarantee shall conform with
the County's policy regarding collateral for improvements at Section 2-3-30 of this
Code.
K through L - No change.
M. An affidavit listing the names and addresses of all mineral owners and lessees of
mineral owners on or under the parcel of land being considered. The list shall be
prepared from the real property records of the County(or adjacent County)Clerk and
Recorder, by a person qualified to do the task and shall be current as of a date
no more than thirty (30) days prior to the date the application is submitted to the
Department of Planning Services.
N. A certified list of the names and addresses of mineral owners and lessees of mineral
owners on or under the parcel of land bcing considered. The source of such list
shall be assembled from thc records of thc Clerk and Recorder, or from an
ownership update from a title or abstract company or an attorney derived from such
records.Acertified list of the names,addresses and the corresponding parcel
identification numbers assigned by the County Assessor to the owners of
property of the surface estate within five hundred (500) feet of the property
subject to the application. The source of such list shall be from the records
of the County Assessor,or an ownership update from a title abstract company
or attorney derived from such records or from the records of the County
Clerk and Recorder. If the list was assembled from the records of the County
Assessor,the applicant shall certify that such list was assembled within thirty
(30) days of the application submission date. Inadvertent errors by the
applicant in supplying such list or the Department of Planning Services in
sending such notice shall not create a jurisdictional defect in the hearing
process, even if such error results in the failure of a surrounding property
owner to receive such notification.
No change to remainder of section.
Sec. 27-7-40. Review procedure for final plan.
A through B.1 - No change.
2. In the event that the Department of Planning Services determines that the
final plan submittal is consistent with the previous sketch plan and change
of zone submittals,and if a specific development guide was submitted for the
change of zone application, the Planner shall:
a. Send the application to referral agencies for review and comment.
The agency shall respond within twenty-eight(28)twenty-one(21)
days after the application is mailed. The failure of any agency to
respond within twenty-eight (28) twenty-one (21) days may be
deemed a favorable response. All referral agency review comments
are considered recommendations to the County. The authority and
responsibility for approval and denial of a final plat application rests
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with the County. The referral agencies include those listed in
Subsection 27-4-30 BA of this Chapter.
b - No change.
3. In the event that the Department of Planning Services determines that the
final plan submittal is not consistent with the previous sketch plan and
change of zone submittals, and/or a conceptual development guide was
submitted for the change of zone application, the Planner shall:
a. Set a Board of County Commissioners hearing date within-net-less
than forty five (45)days,,On, 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.
Section 27-8-50. Failure to submit a PUD final plan.
If a PUD final plan application is not submitted within three (3) years of the date of the
approval of the PUD Zone District, the Board of County Commissioners shall require the
landowner to appear before it and present evidence substantiating that the PUD project has
not been abandoned and that the applicant possesses the willingness and ability to continue
with the submittal of the PUD final plan. The Board of County Commissioners may extend
the date for the submittal of the PUD final plan application and shall annually require the
applicant to demonstrate that the PUD has not been abandoned. If the Board of County
Commissioners determines that conditions or statements made supporting the original
approval of the PUD Zone District have changed,or that the landowner cannot implement
the PUD final plan, the Board may, at a public hearingmeeting, revoke the PUD Zone
District and order the recorded PUD Zone District reverted to the original zone district.
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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.
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 bythe 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, Chapter 23 and all applicable County ordinances in effect.
No change to remainder of section.
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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 anysection,subsection,paragraph,sentence,
clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such
decision shall not affect the validity of the remaining portions hereof. The Board of County
Commissioners hereby declares that it would have enacted this Ordinance in each and every
section, subsection, paragraph, sentence,clause,and phrase thereof irrespective of the fact that
any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be
declared to be unconstitutional or invalid.
2004-0332
PAGE 60 ORD2003-10
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
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PAGE 61 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
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